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Sanitary Sewer and Water Main Easement with Sundance Limited Company LLC for Sundance Subdivision No. 2 ADA CDUNTY RECDRDER J. DAVID NAVARRO BOISE IDAHO 06/201113 10:48 AM ~~~~ÒE~r~Rv:~8~~T OF \II \UIIIIII\U\IUlUlI\IIIUII 1\ 11\ Meridian City 103101361 AMOUNT .00 '-----------------.-- ~ 7 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this 2/Ç"day of Iv.-tt't ,20 P3 between SUNDANCE LIMITED COMPANY. LLC, the party of the first part, and ereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantor desires 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 Grantor, and other good and valuable consideration, the Grantor 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 '9f 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 right 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 there in violation of this easement. 20301SW Easement Page 1 EASMT.SW.doc v~ \ ~ r¡ THE GRANTOR does hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR does 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 GRANTOR does hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract ofland, 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. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. STATE OF IDAHO ) ss County of &IJ,UW¡LI,.¿ ) On this ~ I ~ day of .::1; ~ ' 20Q,2, before me, the undersigned, a Notary Public in and for said State, perso ally appeared Gary L. VOIgt, known or Identified to me to be the managing member of the limited liability company that executed the within instrument, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day ..,."o""""'~~ year fist above written. ,"'-~'" A. ü ,"" j.;.;;:,.O ..........."i~'" f i:: ~...., "'" \1" \ ::. iff O~ARy \. '1/ 1 :~ -- : ~ ~: ,0 : ~ ~I \'pue\,.. l~j I, "'" ,.,"';¡::'j '\i,ð'~Jt~~~.:tITY OF MERIDIAN ,\\':"ITF'O" - '"",,:...,.,..--- N~'X.PU~LIC ~~ Res~Ji& ~ (£t. /h Commission "Expires: II-I! -O~/ at 20301SW Easement Page 2 EASMT.SW.doc \>~ ~ ~ 1'/ ~Á Robert D. Corrie, Mayor Approved By City Council On: 6 -/t?-()3 20301SW Easement Page 3 EASMT.SW.doc (~ ~ ~ 1 STATE OF IDAHO, ) . ss. County of Ada ) On this lL-th. day of ~ ,2003, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WilLIAM G. BERG, JR., 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 hand and affixed my official seal the day and year first above written. (SEAL) _.~NŠ... :~-;'O~~Ó~:i¡~~.~ : j : . 1. . . . . . ... ~\c.-;¡) .- .~,,::,---~ i.Y... .¡'1:R,1'..... ~~~ NOTARY PUBLIC FOR IDAHO RESIDING AT: Aol,,--CD~J~ MY COMMISSION EXPIRES: 4-Z~-(Jòj ~4~1 EXIDBIT "A" DESCRIPTION FOR TEMPORARY SANITARY SEWER AND WATER EASEMENTS PROPOSED SUNDANCE SUBDIVISION NO.2 December 12, 2002 A temporary easement for sanitary sewer and water line construction and maintenance, Located in the SW Y. of Section 31, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: TEMPORARY EASEMENT NO.1 (WATER AND SEWER) Commencing at the southwest comer of Section 31, Township 4 North, Range I East, Boise Meridian; thence S 89°34'17" E 617.39 feet along The South Section line to a point; thence N 0°00'00" E 1064.52 feet to the REAL POINT OF BEGINNING of this easement description; Thence S 28°08'07" E a distance of 41.41 feet to a Point; Thence S 61 °30'44" W a distance of20.00 feet to a Point; Thence N 28°08'07" W a distance of 41.41 feet to a Point; Thence N 61 °30'44" E a distance of20.00 feet to a Point to the REAL POINT OF BEGINNING; TEMPORARY EASEMENT NO.2 (WATER) Commencing at the southwest comer of Section 31, Township 4 North, Range 1 East, Boise Meridian; thence S 89°34'17" E 713.91 feet along The South Section line to a point; thence N 0°00'00" E 808.71 feet to the REAL POINT OF BEGINNING of this easement description; Thence S 05°45'00" E a distance of20.00 feet to a Point; Thence S 84°15'00" W a distance of20.00 feet to a Point; Thence N 05°45'00" W a distance of 20.00 feet to a Point; ThenceN 84°15'00" E a distance of20.00 feet to a Point to the REAL POINT OF BEGINNING; ~~ t1 TEMPORARY EASEMENT NO.3 (WATER AND SEWER) Commencing at the southwest comer of Section 31, Township 4 North, Range 1 East, Boise Meridian; thence S 89°34'17" E 778.17 feet along The South Section line to a point; thence N 0°00'00" E 647.93 feet to the REAL POINT OF BEGINNING of this easement description; Thence S 89°08'10" E a distance of 42.00 feet to a Point; Thence S 00°51 '50" W a distance of20.00 feet to a Point; Thence N 89°08'10" W a distance of 42.00 feet to a Point; Thence N 00°51'50" E a distance of20.00 feet to a Point to the REAL POINT OF BEGINNING; ~uct1 36' 31 9W 1/4 CORNER I I I I I 1 I I I I 1 I I 1 I I I I I s¡.1 01 ;1 ",I [51 "'I "'I I 1 I I I I 1 I I I I 1 I I REAL POINT OF BEGINNING I TEMPORARY SANITARY SEWER I AND WATER EASEMENT NO. J I , L I '- L ---I..... :;¡ L 1 UNPLATTED 'ì ""'kPOINT OF COMMENCING: w i SECTION CORNER p ~ i g j;~ 3.§ . ';?1...L4ti,,_R.J,~_612:39:...._I!31!.'~ '!?8,;:_E~UgIC1<.B9AQ___- . . . . . . . . 31~_1l'1 01, 06T.3N., R,IE. 5"'34"'"¡ ------------06-/í" BRIGGS ENGINEERING. INC, ~) (208)344-9700 1800 W, OVERLAND ROAD 801SE. IDAHO 83705 EXHIBIT "B" f ph_W~_7~ - TEMPORARY SANITARY SEWER V§§.L%i - AND WATER EASEMENT LINE TABLE L1 S 28'0807 E 41.41 L2 S 61'3044 W 20,00 LJ N 28'0607 W 41.41 L4 N 61'3044 E 20,00 L5 S 05'4500 E 20.00 L6 S 64'1500 W 20.00 L7 N 05'4500 W 20.00 LB N 84'1500 E 20.00 L9S89'0810E 42,00 L10 S 00'51 50 W 20,00 L11 N 69'0610 W 41.41 L12 N 00'51 50 E 41.41 ~ ",o, ,0'" N":3 ",,')' ",':3 <"",,')'i-"'c, ~' NO.2 ., : PROPOSED SUN DANCE SUBDIVISION I , I REAL POINT OF BEGINNING TEMPORARY SANITARY SEWER AND WATER EASEMENT NO.1 1;: ~ ~ TEMPORARY SANITARY SEWER AND WATER EASEMENTS REVISION R,IE,. 8,M, SHEET DESIGN ZO301-WEASE,DWG ð))'7