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Sanitary Sewer Easement with Idaho Urologic Institute for Idaho Urologic Institute ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 05125/05 08:36 AM DEPUTY Bonnie Oberbillig 1111111111111111111111111111111111111 RECORDED-REQUEST OF 105066160 Meridian City SANITARY SEWER AND WATER MAIN EASEMENT TIllS INDENTURE, made this'ð- day o~, 20~between\Àß\\1J. '\.4-<\\ D~L-WhJt> the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada ounty, 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 f>,¡ ßI,ArJ() ?>'2.) 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 ofaccess 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. Sanitary Sewer and Water Main Easement EASMTS&W pageLL1- 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 ofthe 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 ofIand, and that they have a good and lawful right to convey said easement, and that they will WaITant 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. G~~ø ~ent . ~""""".~,- ~~~~. "P. PO,""'" "'~<Q't-~......~~/ . \.. ::' ~ ..., ~ "1. :: "I -,oTAIi',. <;. f.. Secretary . ~. ,- r STATE OF IDAHO ) \ 1< \. Þ~;.:~c. ~: . . ) ss \.. ,p;.... . ..:.0 ~. -1..."'" ~v County of Ada ) "'...;~O' \O~. ..........." On this '8 -+"- day of h ,', L 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared -::rose. f' ~ \;J ì tb ò-m.." Y'I\.ì). and , known or identified to me to be the President 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 andyearfist~~ewritt~. ~ ~'o~~ ~~~ NOTARY PUBLIC FOR IDAHO Residing at: f¡...& p.... Cd ~ I-'~ Commission Expires: (... - 2. (¿¡ - 0 lp Sanitary Sewer and Waler Main Easement EASMr.S&W Pag~ STATE OF IDAHO, ) : SS. County of Ada) .;M°S On this--.1~..day of M/AY ,-2963', before me, the undersigned, a Notary Public in and for said State, personally ap~and WILLIAM G. BERG, JR., known to me to be the Mayor and City cl~fl{:rè~e&rv~tîhe 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 frrst above written. (SEAL) u Sanitary Sewer and Water Main Easement EASMTS&W Pagl'! ~ nf f) Roylance & Associates P .A. 391 W. State Street, Su~e E, Eagle, Idaho 83616 Engineers. Surveyors. Landplanners Telephone (208) 939-2824 Fax (208) 939-2855 March 30, 2005 Project No. 2526 Exhibit "A" Legal Description IUI Properties, LLC Public Water and Sewer Easement 0.29 Acres and 686 Square Feet An easement for the purpose of accessing and maintaining water and sewer facilities located in a portion of Lot 9 of the Amended Magic View Subdivision (a recorded subdivision on file in Book 52 of Plats, at pages 4445 and 4446, records of Ada County, Idaho), situated in the Northeast One Quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a 5/8 inch steel pin monumenting the Northeast Comer of said Lot 9 on the centerline of East Magic View Drive, thence North 83°10'27" West a distance of 408.02 feet to a 5/8 inch steel pin monumenting the Northwest Comer of said Lot 9; Thence leaving said centerline, South 16°22'21" West a distance of 27.38 feet to a point on the southerly right-of-way of East Magic View Drive; Thence following said southerly right-of-way, South 83°10'27" East a distance of 23.83 feet to the POINT OF BEGINNING. Thence following said southerly right-of-way, South 83°10'27" East a distance of 30.42 feet to a point; Thence leaving said southerly right-of-way, South 16°22'21" West a distance of 105.16 feet to a point; Thence South 73°37'39" East a distance of 9.63 feet to a point; Thence North 16°22'21" East a distance of 23.16 feet to a point; Thence South 73°37'39" East a distance of 20.00 feet to a point; Thence South 16°22'21" West a distance of 52.17 feet to a point; Thence North 73°37'39" West a distance of 29.63 feet to a point; Thence South 16°22'21" West a distance of 239.46 feet to a point; Thence North 73°37'39" West a distance of 30.00 feet to a point; Thence North 16°22'21" East a distance of 368.59 feet to the POINT OF BEGINNING. The above-described tract of land contains 0.29 acres, more or less, subject to all existing easements and rights- of-way (see Exhibit "Bl"). TOGETHER WITH: An easement for the purpose of accessing and maintaining water facilities located in a portion of Lot 9 of the Amended Magic View Subdivision (a recorded subdivision on file in Book 52 of Plats, at pages 4445 and 4446, records of Ada County, Idaho), situated in the Northeast One Quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: X:\Projects\Johnson Architects\2526\Admin\LegalsIWater and Sewer Legal.doc Page 4 nf() Page 2 0[2 April 9, 2001 Commencing at a 5/8 inch steel pin monumenting the Northwest Corner of said Lot 9 on the centerline of East Magic View Drive, thence South 83°10'27" East a distance of 408.02 feet to a 5/8 inch steel pin monumenting the Northeast Comer of said Lot 9; Thence leaving said centerline, South 16°05'58" West a distance of 27.36 feet to a point on the southerly right-of-way of East Magic View Drive; Thence following said southerly right-of-way, North 83°10'27" West a distance of 49.74 feet to the POINT OF BEGINNING. Thence leaving said southerly right-of-way South 16°22'21" West a distance of 35.97 feet to a point; Thence North 73°37'39" West a distance of 20.00 feet to a point; Thence North 16°22'21" East a distance of 32.61 feet to a point on the southerly right-of-way of East Magic View Drive; Thence following said southerly right-of-way South 83°10'27" East a distance of 20.28 feet to the POINT OF BEGINNING. The above-described tract of land contains 686 square feet, more or less, subject to all existing easements and rights-of-way (see Exhibit "B2"). Prepared By: ROYLANCE & ASSOCIATES PA 391 W. STATE STREET, SUITE E EAGLE, IDAHO 83616 208-939-2824 208-939-2855 (FAX) s-3.I-ö$ X:lProjcctsVohnson Architects\2526\AdminlLcgalslWater and Sewer LcgaLdoc p~ - ~T OF~EGINNING """ E. MAGIC T TI COMM~~1NJE~~ - , "'" V EWDD.- :; - ~ê.:i[Ù.:ASlS OF BEARING, ~':.~ , I tr:-' L7 OF ROAD 27' R-O-W !. IL6 I 20' fl1 il L5'i-. j!!3 LOT 9 , / I / L9--& M~î~~;~w ' ~ ì 30'/:- SUBDIVISION / .I4JI I; .~¡ I~ ¡J , , t::I¡ <0 t ' ,~ 1.!iII:: / / I r¡ J~ , I If/) I " ~ 40 0 80 /' SCALE IN FEET Legend . A FOUND 5/8" STEEL PIN CALC'D POINT PROPERTY UNE CENTER UNE OF ROAD - . . - . . - . . - RIGHT-OF-WAY UNE - - - - - - PROP05ED EA5EMENT UNE UNE TABLE UNE LENGlH BEARING LI 27.38 516'22'21"W L2 23,83 58310'27"E L3 30.42 58310'27"E L4 105.16 516'22'21"W L5 9.63 573'37'39"E L6 23.16 NI6'22'21"E L7 20.00 573'37'39"E L8 52.17 516'22'21"W L9 29.63 N73'37'39"W L10 30.00 N73'37'39"W ROYLANCE AND ASSOCIATES PA EXHIBIT "B1" Engineers Surveyors Landplanners æ" PUBLIC WATER AND SEWER EASEMENT 391 W State Street Suite E Eagle Idaho 83616 >-30-05 Phone (208) 939-2824 Fox (208) 939-2855 AI.B Xo\Pcoj,",\Johc",c Acohit"t,\2526\Dcow;cg,\E.h;bit,\SS&Wotec C,mt.dwg 3/31/2005 "005032 AM MST PagA \ 9 nC1-. ~OINT OF COMMENCEMENT , ' ' , , , , , . . ~' ,MAGIC VIEW DR/v: CENTERLINE S8l'1A~S OF BEARING. :J. OF ROAD - 02rE 4 "'" I 27' R-Q-W --=-..::..:..=. - 08.02' ' . . '. . ~ "" f . .1- f..... . t'l83'10'27" POINT OF BÅ’INNINGf - ~ '/ - --"..J'L 10~.16' - T - - . . - ".~ . --!:2 -..JI I ~I ""I I -..J ,.., / 20' Y.1DE .~ -j-..J WATER EASEMENT --¡-q I I / LOT 9 AMENDED MAGIC VIEW SUBDIVISION FOUND 5/8" STEEL PIN CALC'D POINT PROPERTY LINE CENTER LINE OF ROAD - " . - . . - . . - RIGHT-OF-WAY LINE - - - - - - PROPOSED EASEMENT LINE Leaend . .& I I / I I ¡l t 25 0 50 SCALE IN FEET LINE TABLE LINE LENGTH BEARING L1 27.36 ' " L2 49,74 . " L3 35.97 S16" . L4 20.00 ' " L5 32.61 1111¡:;" . L6 20.28 <:R'I" " EXHIBIT "B2" 20' WATER EASEMENT ROYLANCE AND ASSOCIATES PA Engineers Surveyors Landplanners æ" 391 W State Street Suite E Eagle Idaho 83616 OJ-JO-29 Phone (208) 939-2824 Fax (208) 939-2855 .... X\Pcoj,",\Joh"" Acch;t,ct,\2526\Ocow;cg,\E.h;b;t,\Wolec Stob E'mLdwg 3/31/2005 1U6o14 AM MST pase...CL.oLL