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Bountiful Commons Subdivison Water Sewer Main Easement No. 3Project Name (Subdivision): Bountiful Commons Subdivision Sanitary Sewcr & Water Main Easement Number: 3 Identify this Easement by sequential number if Project contains more than one easement of this typic. (See Instructions for additional information). ADA COUNTY RECORDER Christopher D. Rich 2018-098358 BOISE IDAHO Pgs=7 CHE FOWLER 10/17/2018 11:05 AM CITY OF MERIDIAN, IDAHO NO FEE THIS Easement Agreement, made this & day of 8&aL-A-r, 20 16 between 5CKhdrLLLP ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); 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 does 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 or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor 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. Sanitary Sewer and Water Main Easement REV. 03/26/2018 THE GRANTOR covenants and agrees 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 Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their' signatures the day and year first herein above written.: GRANTOR: vck'-V� OP. gc��� khardt Family, LL4P e L Ecl hLLeneral Partner STATE OF IDAHO ) ss County of Zao-ko' This record was acknowledged before me on /042/1? (date) by James r' Eckho-4t, on behalf' of Eckhardt Family, LLLP, in the following representative capacity: as General Partner. Notary Signature My Commission Expires 5 f1 96 2 Sanitary Sewer and Water Main Easement REV. 03126/18 GRANTEE: CITY OF MERIDIAN STATE OF IDAHO, ) ss. County of Ada This record was acknowledged before and C.Jay Coles on behalf of the City Clerk, respectively, mom oun� 4i 4 *3 Sanitary Sewer and Water Main Easement City of SEAL me on I Q'!6 -( (date) by Tammy de Weerd of Meridian, in their capacities as Mayor and City r Ch""LD2LL Notary Signature My Commission Expires: 3 ` ? -2,0 REV. 03/20/2018 9233 WEST STATE STREET I BOISE, ID 83714 1 208.639.6939 1 FAX 208.639.6930 FOR September 24, 2018 Eckhardt Family, LLLP Project No. 18-055 Legal Description City of Meridian Sewer and Water Easement EXHIBIT A A parcel of land for a City of Meridian Sewer and Water E ' asement over a portion of Parcel A per Record of Survey No. 11351 (as described in Quitclaim Deed Instrument No. 2018-037940, records of Ada County, Idaho), situated in a portion of the Southwest 1/4 of the Northwest 1/4 of Section 25, Township 4 North, Range I West, Boise Meridian, City of Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at a found aluminum cap monument marking the West 1/4 corner of said Section 25, which bears S00*55115"W a distance of 2,657.84 feet from a found aluminum cap monument marking the Northwest corner of said Section 25, thence following the westerly line of said Northwest 1/4, N00*55'15"E a distance of 699.90 feet; Thence leaving said westerly line, S89004!45"E a distance of 48.50 feet to the easterly right-of-way line of North Linder Road and being the POINT OF BEGINNING. Thence 589*25'53"E a distance of 168.62 feet, Thence N00*54'22"E a distance of 46.96 feet, Thence N89*38'03"W a distance of 16.95 feet; Thence N00*28'12"E a distance of 10.00 feet, Thence 589*38'03"E a distance of 17-05 feet, Thence N00*55'04"E a distance of 235.36 feet; Thence N29*15'08"E a distance of 42.19 feet to the boundary line of said Parcel A; Thence following said boundary line the following five (5) courses: 1. S89*24'41"E a distance of 12.04 feet to a found 5/8 -Inch rebar, 2. 63.52 feet along the arc of a circular curve to the left, said curve having a radius of 100.00 feet, a delta angle of 36*23'48", a chord bearing of S16*46'11"W and a chord distance of 62A6 feet to a found 5/8 -inch rebar; 3. S00055115"W a distance of 286.84 feet to a found 5/8 -inch rebar; 4. N89*25'53"W a distance of 183.62 feet to a found 5/8 -inch rebar on said easterly right-of-way line; 5. Thence following said easterly right-of-way line, N00*55'15"E a distance of 17.50 feet to the POINT OF BEGINNING. Said parcel contains 8,255 Sq. Ft. (0.189 acres), more or less, and is subject to all existing easements and/or rights-of-way of record. _Ap- LD Attached hereto is Exhibit B and by this reference is made a part hereof. ENGINEERS I SURVEYORS I PLANNERS [Scale: I inch = 60 feet I File: 18-055 City of Meridian Sewer and Water Easement SW Parcel.txt Tract 1: 0.189 Acres: $255 Sq Feet: Closure = s05.2728w 0.01 Feet: Precision =1/143799: Perimeter = 110 1 Feet 001=s89.2553e 168.62 006=n00.5504e 235.36 0 1 I=n89.2553w 183.62 002=n00.5422e 46.96 007=n29.1508e 42.19 012=n00.5515c 17.50 003=n89.3803w 16.95 008=s89.244le 12-04 004=nOO.2812e 10.00 009: LL R=100,00. Delta=36.2348 Bng--s16.461 I%v, Chd=67-46 005=s89.3803e 17.05 010=s00.5515w 286.84 23 24 W. CHINDEN BLVD.. 26 �25 9233 WEST STATE STREET BOISE, IDAHO 83714 PHONE(208)639-6939 FAX (208) 639.6933D' "co tri +7 tV LJ "d, t LEGEND IS FOUND ALUMINUM CAP' C QQ FOUND 5/8 -INCH REBAR Sd + V)� I I d CALCULATED POINT s Z to SECTION LINE I PARCEL BOUNDARY LINE Lt1 M W r ADJACENT' BOUNDARY LINE _ °'' _. -- --- — — — --EASEMENT LINE U - u7 � (r- -- ---- --- SURVEY TIE LINE cn to: L5 LO Z d O I Jd M � I L3 589'04'45"E` 48.50'(TIE) POINT OF EASEMENT AREA BEGINNING _ _N89°25'S3_W 168.62' , 4/ T2 C T N89°25'53"W 183.62'' m cry — — POINT OF COMMENCEMENT WEST 1/4 CORNER` SECTION 25' 2625 Paramount Village Center Subdivision EXHIBIT ECKHARDT FAMILY, L.LLP to 00 N v m C C MI PROJECT: 18.055 SHEET: City of Meridian Sewer and Water Easement OF A parcel of land situated in the SW 1/4 of the NW 1/4, Sec. 25, T.4 N., R.1 W., B.M., City of Meridian, Ada County, Idaho. 9233 WESTSTATE STREET BOISE, IDAHO 83714- PHONE 3714PHONE (208) 639-6939 FAX (208) 639-6930 LINE TABLE LINE # LENGTH DIRECTION Ll 17.50 NO*55'1 5"E L2 46.96 NO*54'22"E L3 16.95 I N89*38'03"W L4 10.00 NO*28'1 2"E L5 17.05 S89*38'03"E L6 42.19 N29'15'08"E L7 12.04 S89*24'41 "E CURVE TABLE CURVE RADIUS LENGTH DELTA CHORD BRG CHORD C1 100.00' 63.52' 1 362348" 51646'11"W 62.46' EXHIBITB ECKHARDT FAMILY, LLLP City of Meridian Sewer and Water Easement OF A parcel of land situated in the SW 1/4 of the NW 1/4, Sec. 25, T,4 N., R.1 W., B.m., City of Meridian, Ada County, Idaho. 2 2