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Baraya Sanitary Sewer and Water Main C3ADA COUNTY RECORDER Christopher D. Rich 2018-029802 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 04/04/2018 02:36 PM CITY OF MERIDIAN, IDAHO NO FEE THIS INDENTURE, made this 3 day of April , 20 8) between ChallenEr Development, Inc , the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free tight of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed therein violation of this easement, THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Sanitary Sewer and Water Main Easement REV. 08/15/16 e)ckro'va C5, any permanent structures trees, brush, or perennial shrubs or flowers within the area described for this ease�;ent, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. ' S iyE)the said parties of the first part have hereunto subscribed their signatures =ay an�d eA�'rfirst herein above written. President Secretary STATE OF IDAHO ) ) ss County of Ada On this day of PA6-V-CL- —, 20 1%, beoreme, the undersigned, a Notary Public in and for said State, personally appeared CtYeAA P')&0+04 —:Md— known or identified to " to be the President -and t8temtay,' respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. Sanitary Sewer 'Qoray ot C 3 NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: 5 -a4 - REV. 08/15/16 GRANTEE: CITY OF MERIDIAN Approved By City Council On: t / V )T/D STATE OF IDAHO, ) : ss. County of Ada On this 3 rj jay of 20A6 before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and C.Jay Coles, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my band and affixed my official seal the day and year first above written, bldi' n NOTARY PUBICFOwmP, MAHO Residing at: V UtdteU) —TP Commission Expires:3 a� -z-)20,3L Sanitary Sewer and Water Main Easement REV. 08/15116 &Y-ayCL C 3 Exhibit A DESCRIPTION FOR MERIDIAN SEWER AND WATER MAIN EASEMENT BARAYA SUBDIVISION NO. 2 A permanent easement located in the NW1/4 of the NE114 Section 16, T.3N., R.1W., B.M., Ada County, Idaho more particularly descried as follows: EASEMENT C3: Commencing at the N1/4 corner of said Section 15 from which the E1/16 corner of said Section 15 bears South 89°15'23" East, 1320.35 feet; thence South 66*29'41" East, 1,053.25 feet to the REAL POINT OF BEGINNING; thence North 53°07'11" East, 39.00 feet; thence South 36"52'49" East, 25.00 feet; thence South 53°07'11" West, 39.00 feet; thence North 36052'49" West, 25.00 feet to the REAL POINT OF BEGINNING, Em W uj in <zrz W' (n W cc Ld 25 100 400 0 50 200 600 SCALE: 1 200' LAI 1111 1 =uw.VT.Nv , W., 16-332 IDAHO 1460 E, WATERIMM ST. MERIDIAN SEWER AND WATER MAIN EASEMENT SHEET Ni SUITE t3a SURVEY MERIDIAN, JDAHOW042 BARAYA SUBDIVISION NO, 2 1 of2 RUPP.C. 1A DA 040-0570 LOCATED IN THE NW 1/4 Or NE 1/Or SECTION 15, T.JN., RAW, O.M., DWG. CAT GO, DA COUNTY.4 IDAHO 12/8/201 x 25 100 05 50 150 CURVE TABLE CURVE RADIUS LENGTH CHORD 'DIST. CHORD BRG. DELTA C'14 50.50; 155.58 100.95 N3't 6'21 "E 176'31'13' C'15 145.00; 119.90 116.51 529'25'52"W 47'22'38" 1 , _ 50'' LINE TABLE } LINE LENGTH BEARING Ll ;39.00 N53'07'11"E t.2 25.00 S36'52'49"E' L3 39.00 S53'07`11"IN L4 1 25.00' N 56'52`49" 4'W' ' IDAHO 1450 E. WATERTOWER ST. t_nr:rrt�r r v vr��rrrvv r w� MERIDIAN SEWER AND WATER MAIN EASEMENT' 16-332. SHEET No: ��rj� /C�/ SUIT613o RV G T MERIDIAN.ioArOs�saz BARAYA SUBDIVISION N0. 2 2of2 i (209)64(1-6570 GROUP, P.C. LOCATED IN THE NW 1/4 OF NE 1/4 OF SECTION 15, T.314, RAW., 0.1.x., DWG. DATE �. ADA COUNTY, IDAHO 12/0/2017