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Sanitary Sewer and Water Main Easement with Wildwood Development LLC for Cooper Canyon Sub ADA CDUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 01/16103 09:34 AM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF Meridian City . AMOUNT .00 SANITARY SEWER AND WATER MAIN EASEMENT 1111111111111111111111111111111111111 103007927 THIS INDENTURE, made this ~ day of k, 20 02. between 1.),1.1 woo.t b~" -, I..I..L, the parties of the fust 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 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 orrestoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT.SW.doc Page 1 THE GRANTORS 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, wlúch 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 wlúch 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 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. County of Ada STATE OF IDAHO) ) ss ) On this C\...¡.t.. day of ~c..e.-...Io eJ/ , 200 Z , before me, the undersigned, a Notary Public in and for said State, personally appeared c.""v\'I>\"'~t.r ¡:::¡"",llt1..A and !ll..1A- , known or identified to me to be the, Presid'ent and Secretary, 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 aboX#t~ 00'" ~'i> JOSS,;".... l~/:~:;~ \ g ! ~ ..." .... i NOTARY PUBLIC FOR IDAHO : \ ,"! ;.... \ pu'ð" 0; ~.... .. :tit '" <1'... ........",'\) 'f' 0' '" '41:R n~ ' "" Sanitary Sewer and Water Mftiti.t:ro'-emenr' EASMT.SW.doc Residing "ßO\50e.. \ 'Ld 0..\.0.0 Commission Expires: '8/ \ I I) 1 Page 2 at Ad-GO- GRANTEE: CITY OF MERIDIAN Jf~,Þ-~~ Attest by William G. Berg, City ler Approved By City Council On: Sanitary Sewer and Water Main Easement EASMT.SW.doc Page 3 ." ." ."CQ ." ~ ~ ~ ~ i i, ~a ~ ¡; Ii 1 I 'j' \ I I~~ ii: ð ,~ i~ §š i Q;) § <:::5:-;' ð~~ E:::~;::::; '-.J-";~ < ~ç:~ ~ ~š~ ~ C)~~ ~ ~G~ ~ ~~::,: ~ ~~~ ~ ~~~ ~ ~s:s~ v..i .,. -,.;""':¡ :::;~~~ < ~~~~ ~ ~~1'- \.J ~~&-. ~ /=;<&-,(:) ~ v.b"";¡ ........ ~ r... ~ ~~C) q ~~~ ~ ~:g ........... ~ 9:: / ~;:(:) u"""o... ~;¿~ Q.;()'j\,J "';¡;o-;;§ .. ~ O:i ; i U ~ - ~iP. ~ ~ - ~.. !§~ . ~~d~ ~lnnJ.~n~n ---.... § n~~~~.id$n ---.... ---.... nnnhHP~ ---.... 1+"0 âl[ "0 r---.---.... . 0 ! i ~ ì ~ ~ ~ I ---....---.... I I I I I I I §j¡ Ë~ I ¡¡. ~ iE. .' f- ¡:¡~ i ~---, I I:~ I 3~ I ",g I \ I . . -- ---/.1, ""'" ....,,- - ~' ; , ,:! " Project: Date: Sheet: 01067 June 3, 2002 10f2 EXHIBIT "A" A parcel ofland situated in the NWl/4 of Section 8, T.3N., RlE., BM., City of Meridian, Ada County, Idaho, being a portion of Lot 7 of Pleasant Valley Subdivision, according to the official plat thereof recorded in Book 12 of Plats at Page 665, Ada County Records being more particularly described as follows: COMMENCING at the northwest corner of said Section 8, from which corner, the west 'l4 corner of said section bears, S.00oOO'23"W., 2649.56 feet; thence, along the westerly line of said section, A) B) C) D) S.00aOO'23"W., 455.00 feet to the intersection with the centerline ofE. Wilson Lane as shown on Record of Survey No. 3963; thence, along said centerline:, N.89a34'40"E., 1038.12 to the intersection with the westerly line of said Lot 7; thence, along said westerly line, S.00aOO'23"W., 28.00 feet to a point on the southerly right-of-way line of said E. Wilson Lane; thence, along said southerly line, N.89a34'40"E., 106.10 feet to the POINT OF BEGINNING; thence, continuing, 1) N.89°34'40"E., 30:00 feet; thence, 2) S.ooaoo'oo"E., 240.34 feet; thence, 3) S.90aOO'00"E., 10.00 feet; thence, 4) S.ooaoo'oo"W., 14.79 feet; thence, 5) S.90aOO'00"E., 66.16 feet; thence, 6) S.ooaoo'oo"W., 430.00 feet; thence, 7) N.90o00'00"W., 76.82 feet; thence, 8) S.OooOO'OO"W., 164.76 feet; thence, 9) S.90aOO'00"E., 112.40 feet to a point on the westerly line of Lot 2, Block 1 of Elliott Park Subdivision according to the official Plat there recorded in Book 82 of Plats at Pages 8914 and 8915, Ada County records; thence, along said westerly line, 10) S.Ooo04'O3"E., 20.00 feet; thence, Project: Date: Sheet: 01067 June 3, 2002 2 of2 11) N.90o00' OO"W., 34.11 feet; thence, 12) S.OooOO'OO"W., 20.00 feet; thence, 13)N.90o00'00"W., 108.32 feet; thence, 14)N.00oOO'00"E., 234.76 feet; thence, 15) S.90o00'00"E., 39.97 feet; thence, 16)N.00oOO'00"E., 10.00 feet; thence, 17) S.90o00' OO"E., 20.00 feet; thence, 18) S.OooOO'OO"W., 1 0.00 feet; thence, 19)5.90o00'00"E., 16.85 feet; thence, 20) N.OooOO'OO"E., 370.00 feet; thence, 2I)N.90000'OO"W., 76.16 feet; thence, 22)N.00OOO'00"E., 284.90 feet to the POINT OF BEGINNING. CONTAINING 0.81 Acres, more or less. SUl3JECT TO all Covenants, Rights, Rights-of-Way, and Easements. of Record. EXIllBIT "ß" attached, and by tills reference made a part hereof. ~