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Sanitary Sewer and Water Main Easement with Kimball Properties Limited Partnership for Bonito Sub No. 2 Parcel B ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 03123105 09:50 AM ~~~:E~~~~Q~~~i~~9 1111111111111111111111111111111111111 Meridian City Public Works 105034660 ----- SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this -15- day 0~2~between Kimball Properties Limited Partnership, the parties ofthe 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 ttom 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 ttee 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 perfonning 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. Sanitary Sewer and Water Main Easement GRANT.doc 17991SAN-WAT- PagA \ nf lJ>. 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, 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. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Winston H. Moore, Kimball Properties Limited Partnership STATE OF IDAHO) ) ss ) On this 7:!:- day of YlAO-Irc..-k , 20es:before me, the undersigned, a Notary Public in and for said State, personally appeared Winston H Moore, known or identified to me to be a partner of Kimball Properties Limited Partnership that executed the within instrument, and acknowledged to me that such limited partnership executed the same. ~\\\I\lIIIII""'1 IN ~REOF, I have hereunto set my hand and affixed my official seal the day ~.' "y,e,'fist ab<we \¡itten. J § .. ~OTAR1' ", ~ . I ~ ~*i ..- :*~ ~xJ, '\ \. PUBLiC / J NOTARY PUBLIC ~OR AHO "\ "" ..' #' R 'd' t é' ..,.-1. I ~ ~.....~ ~ eSl mga: DIoSe. ~o ~11111",mw.,,\\\\\\"~ Commission Expires:' 9 /2. I> f Ð '1 I I County of Ada GRANTEE: CITY OF MERIDIAN Sanitary Sewer and Water Main Easement GRANT,doc 17991SAN-WAT- Page ó) nf V' '- Approved By City Council On: STATE OF IDAHO, ) : ss. County of Ada On this~day of MD.""/"'" 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, ofthe 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) .................. ~C\\ L. 8'~""" 1'" t~......"7~». .....~~ l' "¥¡-.n ". ~ ~ ! : +OTA~r"\ \ : * : -.- : * : \ \. J>UB\.\C j ¡ ~~ if:>,... . <:) l ~" ..¡ /......... .;~ i' '......E vi \~...., """"'" Sanitary Sewer and Water Main Easement GRANT,doc 17991SAN-WAT- $Iq~ ... EXHIBIT "A" DESCRIPTION FOR CITY OF MERIDIAN SNAITARY SEWER AND WATER MAIN EASEMENT FOR PROPOSED BONITO SUBDIVISION NO.2 February 10, 2005 A PARCEL OF LAND BEING A PORTION OF PARCEL "B" OF RECORD OF SURVEY NO. t..8z.lø ,LOCATED IN THE NE 1/4 OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 20, T.3 N., R.1 E., B.M., THENCE S 00°14'50" W 1761.41 FEET ALONG THE EAST LINE OF THE NE Y. OF SAID SECTION 20 TO A POINT; THENCE N 90°00'00" W 123.59 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE 20.03 FEET ALONG THE RIGHT OF WAY OF E. GOLDSTONE DRIVE ON A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 376.50 FEET, A DELTA ANGLE OF 03°02'52", A TANGENT OF 10.02 FEET AND A CHORD BEARING N 86°47'38" W 20.03 FEET TO A POINT ON A CURVE; THENCE N 00°19'39" E 134.53 FEET TO A POINT; THENCE S 89°59'25" W 86.19 FEET TO A POINT; THENCE S 03°25'38" E 119.80 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF E. GOLDSTONE DRIVE; THENCE 21.57 FEET ALONG THE RIGHT OF WAY OF E. GOLDSTONE DRIVE ON A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 376.50 FEET, A DELTA ANGLE OF 03°16'54", A TANGENT OF 10.79 FEET AND A CHORD BEARING N 71 °28'58" W 21.56 FEET TO A POINT ON A CURVE; THENCE N 03°25'38" W 112.93 FEET TO A POINT; THENCE S 89°59'25" W 14.53 FEET TO A POINT; THENCE N 00°00'00" E 20.00 FEET TO A POINT; 17991SEW-WAT-EASE tìll~ THENCE N 89°59'25" E 13.34 FEET TO A POI NT; THENCE N 03°25'38" W 177.02 FEET TO A POINT; THENCE S 90°00'00" E 20.04 FEET TO A POINT; THENCE S 03°25'38" E 177.02 FEET TO A POINT; THENCE N 89°59'25" E 107.50 FEET TO A POINT; THENCE S 00°19'39" W 155.66 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. MICHAEL E. MARKS P.L.S. NO. 4998 1799ISEW-WAT-EASE p~ ~ N ~-: J EXHIBIT 0 ~ 8" - S 90'OO'OO'~E - r I 20,04' ~ Z ¡ :TII - - - - 0 1 1 I I (f) I I I > 1 1 I I 0 1 1 II I rn 1 II I =:J I I Iz I ~ (f) I I IS 1::j;J 0 I I jl~ I~~ f- 1 I ßlgi IN-"" 1 1 '1' I rl 6 1 II'" I rn :11: I 1120,11 0 I 1 I I w N 89'59'25" E (f) I 13,34' \ I 0 I I w"'1 1 I N 89'59'25" E CL I l'<=:-J~,J L____1Q?~'___-1 £ I sâl WATER LINE I LL. L ON CL --On' 1---86.19'---1 I z I (f) 1 S 89'59'25" W I 1 S 89'59'25" W I [TI 1 1 14,53' I :?: 1 1 [TI\ IzIAJ\(f) I I>: ~:::I \~s w 1 I",'m I~NII\;¡;Ñ 'mol 1""" -'" - , "'. C')C') <J)(J) 1;;."'.¡Z\g:.1;; men I I~¡:; - 1 [TI' r" 0 '" \ rl g~1 I (f) 1 \ z I 1 \ 1 I 1 I I 120'1 1 1 I B 10 --1 17 16 20 21 N PARCEL "B" RECORD OF SURVEY UNDER REVIEW J[, 1[' 0 >:« - - 0 ;;::;.sCt: ¡e~~ - 0 ~ 0« (f)W vi -- I C1 N 90'00'00" W m59~ --l E, GOLDSTONE DRIVE I REVISIONS CITY OF MERIDIAN SANITARY SEWER AND WATER LINE EASEMENT FOR PROPOSED BONITO SUBDIVISION NO.2 NE 1/4. SECTION 20, T,3 N,. R,1 E., B.M. MERIDIAN, ADA COUNTY, IDAHO ~ ? Stanley Consultants INC 1940 S, BONITO WAY SUITE 140 MERIOIAN, 10AHO 83642 208-288-0573 DRAWN: MEM DATE: 2/10/05 SCALE: 1"~5D'