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Sanitary Sewer and Water Main Easement with Touchmark of the Treasure Valley, LLC for Touchmark 2 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 12 BOISE IDAHO 07/21/05 03:46 PM ~~~~~ÒE~~a~~~~~:~ OF 1111111111111111111111111111111111111 Meridian City 105099501 -"-.-..----------..- --- SANITARY SEWER AND WATER MAIN EASEMENT . I~r ~ THIS INDENTURE, made thIS -=- day of WÆ", 2005 between TOUCHMARK OF THE TREASURE VALLEY. LLC , the parties of the 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 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 or restoring anything placed within the area described in this easement that was placed there in violation of this easement. 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. 40207-MLV-RR Sanitary Sewer and Water Main Easement 1-4 Page \ nW- 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 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 ofthe first part have hereunto subscribed their signatures the day and yeaf first herein above written. 40207-MLV-RR Sanitary Sewer and Water Main Easement 2-4 pag~ GRANTOR: TOUCHMARK OF THE TREASURE VALLEY, LLC 4~.~ Mark C. Mitchell, Managing Member County of Ada STATE OF IDAHO) ) ss ) On this /.5c-- day of J«.ANE , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Mark C. Mitchell, known or identified to me to be a managing member, of the limited liability company 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 above written. (SEAL) -/ v--- NOTAR UBLIC FOR IDAHO Residing at: ;:&'/50£ IDA 110 Commission Expires:~ 40207-MLV-RR Sanitary Sewer and Water Main Easement 3-4 Pase- ~ nfß- GRANTEE: CITY OF MERIDIAN ...--~-- JI¿¿.-,/Þ~, ~ Attest by William G. Be g Jr., City Clerk Approved By City Council On: STATE OF IDAHO, ) : ss. County of Ada ) On this I~ day of J \A.. \1 ,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. ./JJ (SEAL) .....",,',~ -~1~~~ ~ I ~OTAItJ-' ~ :; * . -.- . * : : , : : , 'PUB\. \G: i '. - -~ ~ .. '. - .'.s " \, ~......, ".- #~ "- -.t; 0 P \~ ~ ,,' -'.. ...~ '..~"IIIII. 40207-MLV-RR Sanitary Sewer and Water Main Easement 4-4 page.-:::L.oiliL EXHIBIT" A" DESCRIPTION FOR SANITARY SEWER AND WATER EASEMENTS MEADOW LAKE VILLAGE - GRAND LODGE May 31,2005 SANITARY SEWER AND WATER EASEMENTS LYING IN PARCEL 2 OF RECORD OF SURVEY NO. 5306 AS RECORDED AT THE ADA COUNTY RECORDERS OFFICE, LYING IN THE NORTH 1/2 OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: EASEMENT NO.1 COMMENCING AT THE SOUTHWEST CORNER OF THE NE 1/4 (C 1/4 CORNER) OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN; THENCE N 00"13'01" W 394.34 FEET ALONG THE WEST LINE OF THE NE % OF SAID SECTION 16 TO THE BEGINNING POINT OF THIS EASEMENT; THENCE N 55"59'06" W 67.16 FEET TO A POINT; THENCE N 61"36'57" W 17.73 FEET TO A POINT; THENCE S 28"23'03" W 13.33 FEET TO A POINT; THENCE S 73"23'03" W 6.69 FEET TO A POINT; THENCE S 28"34'37" W 13.65 FEET TO A POINT; THENCE S 61 "25'23" E8.83 FEET TO A POINT; THENCE S 28"34'37" W 20.00 FEET TO A POINT; THENCE N 61 "25'23" W 8.83 FEET TO A POINT; THENCE S 28"34'37" W 5.00 FEET TO A POINT; THENCE N 61 "25'23" W 20.00 FEET TO A POINT; THENCE N 28"34'37" E 44.40 FEET TO A POINT; THENCE N 61"57'13" W 5.23 FEET TO A POINT; THENCE N 28"02'47" E 12.28 FEET TO A POINT; THENCE N 61 "36'57" W 184.23 FEET TO A POINT; THENCE N 26"57'49" W 22.04 FEET TO A POINT; THENCE N 63"02'11" E 20.00 FEET TO A POINT; THENCE S 26"57'49" E 15.80 FEET TO A POINT; 4 ~':'CÎ ",n'.::: \"::01:,,' "Ôc: Page 5 n& THENCE S 61 °36'57" E 177.87 FEET TO A POINT; THENCE N 28°02'47" E 62.67 FEET TO A POINT; THENCE N 06°16'45" E 44.06 FEET TO A POINT; THENCE N 18°01'10" W 47.89 FEET TO A POINT; THENCE N 71 °58'50" E 20.00 FEET TO A POINT; THENCE S 18°01'10" E 52.19 FEET TO A POINT; THENCE S 06°16'45" W 52.21 FEET TO A POINT; THENCE S 28°02'47" W 66.63 FEET TO A POINT; THENCE S 61 °36'57" E 28.84 FEET TO A POINT; THENCE S 55°59'06" E 154.55 FEET TO A POINT; THENCE S 80°15'46" E 82.54 FEET TO A POINT; THENCE N 09°44'14" E 12.91 FEET TO A POINT; THENCE S 80°15'46" E 20.00 FEET TO A POINT; THENCE S 09°44'14" W 12.91 FEET TO A POINT; THENCE S 80°15'46" E 28.39 FEET TO A POINT; THENCE N 65°05'40" E 55.79 FEET TO A POINT; THENCE S 24°54'20" E 20.00 FEET TO A POINT; THENCE S 65°05'40" W 62.02 FEET TO A POINT; THENCE N 80°15'46" W 34.63 FEET TO A POINT; THENCE S 09°44'14" W 44.35 FEET TO A POINT; THENCE N 80°15'46" W 20.00 FEET TO A POINT; THENCE N 09°44'14" E 44.35 FEET TO A POINT; THENCE N 80°15'46" W 86.84 FEET TO A POINT; THENCE N 55°59'06" W 90.71 FEET TO THE BEGINNING POINT OF THIS EASEMENT. 40207 sswatease.doc PagELlLof I ~ EASEMENT NO.2 COMMENCING AT THE SOUTHWEST CORNER OF THE NE 1/4 (C 1/4 CORNER) OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN; THENCE N 00"13'01" W 431.90 FEET ALONG THE WEST LINE OF THE NE % OF SAID SECTION 16 TO A POINT; THENCE N 90"00'00" E 433.81 FEET TO THE BEGINNING POINT OF THIS EASEMENT; THENCE N 49"07'43" W 91.44 FEET TO A POINT; THENCE N 15"44'23" W 92.60 FEET TO A POINT; THENCE N 19"33'24" E 56.95 FEET TO A POINT; THENCE N 50"00'00" W 49.48 FEET TO A POINT; THENCE S 90"00'00" W 91.22 FEET TO A POINT; THENCE N 00°00'00" W 16.39 FEET TO A POINT; THENCE S 90"00'00" W 4.62 FEET TO A POINT; THENCE N 00°00'00" W 31.00 FEET TO A POINT; THENCE N 90°00'00" E 4.62 FEET TO A POINT; THENCE N 00°00'00" W 37.10 FEET TO A POINT; THENCE N 90"00'00" E 20.00 FEET TO A POINT; THENCE S 00"00'00" E 10.00 FEET TO A POINT; THENCE N 90°00'00" E 44.48 FEET TO A POINT; THENCE S 00"00'00" E 20.00 FEET TO A POINT; THENCE S 90°00'00" W 33.48 FEET TO A POINT; THENCE S 00"00'00" E 22.49 FEET TO A POINT; THENCE N 90"00'00" E 71.87 FEET TO A POINT; THENCE S 50"00'00" E 72.43 FEET TO A POINT; THENCE N 40"00'00" E 17.37 FEET TO A POINT; THENCE N 50"00'00" W 35.18 FEET TO A POINT; THENCE N 40°00'00" E 20.00 FEET TO A POINT; THENCE S 50"00'00" E 35.18 FEET TO A POINT; THENCE N 40"00'00" E 10.00 FEET TO A POINT; 40207sswatease.doc Pa~Lla.- THENCE S 50°00'00" E 20.00 FEET TO A POINT; THENCE S 40°00'00" W 71.72 FEET TO A POINT; THENCE S 19°33'24" W 43.74 FEET TO A POINT; THENCE S 16°02'54" E 64.60 FEET TO A POINT; THENCE S 52°48'37" E 104.76 FEET TO A POINT; THENCE S 3r11'23" W 20.00 FEET TO A POINT; THENCE N 52°48'37" W 17.61 FEET TO A POINT; THENCE S 40°52'17" W 21.77 FEET TO THE BEGINNING POINT OF THIS EASEMENT. EASEMENT NO.3 COMMENCING AT THE SOUTHWEST CORNER OF THE NE 1/4 (C 1/4 CORNER) OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN; THENCE N 00°13'01" W 628.33 FEET ALONG THE WEST LINE OF THE NE % OF SAID SECTION 16 TO A POINT; THENCE N 90°00'00" E 641.04 FEET TO THE BEGINNING POINT OF THIS EASEMENT; , THENCE N 54°43'39" W 60.92 FEET TO A POINT; THENCE N 35°16'21" E 33.00 FEET TO A POINT; THENCE S 54°43'39" E 60.92 FEET TO A POINT; THENCE S 35°16'21" W 33.00 FEET TO THE BEGINNING POINT OF THIS EASEMENT. EASEMENT NO.4 COMMENCING AT THE SOUTHWEST CORNER OF THE NE 1/4 (C 1/4 CORNER) OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN; THENCE N 00"13'01" W 674.65 FEET ALONG THE WEST LINE OF THE NE % OF SAID SECTION 16 TO A POINT; THENCE S 90°00'00" W 277.91 FEET TO THE BEGINNING POINT OF THIS EASEMENT; THENCE S 90"00'00" W 20.00 FEET TO A POINT; THENCE N 00"00'00" E 5.00 FEET TO A POINT; THENCE S 90"00'00" W 8.65 FEET TO A POINT; THENCE N 00"00'00" E 31.54 FEET TO A POINT; THENCE N 90°00'00" E 35.62 FEET TO A POINT; 40207 sswatease.doc p ageÏoLla. THENCE S 00°00'00" E 31.54 FEET TO A POINT; THENCE N 90"00'00" W 6.97 FEET TO A POINT; THENCE S 00"00'00" W 5.00 FEET TO THE BEGINNING POINT OF THIS EASEMENT. EASEMENT NO.5 COMMENCING AT THE SOUTHWEST CORNER OF THE NE 1/4 (C 1/4 CORNER) OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN; THENCE N 00°13'01" W 914.79 FEET ALONG THE WEST LINE OF THE NE;4 OF SAID SECTION 16 TO A POINT; THENCE S 90"00'00" W 155.45 FEET TO THE BEGINNING POINT OF THIS EASEMENT; THENCE N 55"14'42" W 114.61 FEET TO A POINT; THENCE N 63"13'10" W 24.30 FEET TO A POINT; THENCE N 26"46'50" E 20.00 FEET TO A POINT; THENCE S 63"13'10" E 25.70 FEET TO A POINT; THENCE S 55"14'42" E 116.01 FEET TO A POINT; THENCE S 34"45'18" W 20.00 FEET TO THE BEGINNING POINT OF THIS EASEMENT. EASEMENT NO.6 COMMENCING AT THE SOUTHWEST CORNER OF THE NE 1/4 (C 1/4 CORNER) OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN; THENCE N 00"13'01" W 980.10 FEET ALONG THE WEST LINE OF THE NE % OF SAID SECTION 16 TO A POINT; THENCE N 90"00'00" E 23.20 FEET TO THE BEGINNING POINT OF THIS EASEMENT; THENCE N 00"24'54" E 93.68 FEET TO A POINT; THENCE N 10"50'06" W 1.67 FEET TO A POINT; THENCE S 79"09'54" W 9.00 FEET TO A POINT; THENCE N 10"50'06" W 52.05 FEET TO A POINT; THENCE N 79"09'54" E 29.00 FEET TO A POINT; THENCE S 10"50'06" E 55.70 FEET TO A POINT; THENCE S 00"24'54" W 75.65 FEET TO A POINT; THENCE S 89"35'06" E 28.64 FEET TO A POINT; THENCE S 00"24'54" W 20.00 FEET TO A POINT; 40207 sswatease.doc pag~f.J,¿L THENCE N 89°35'06" W 48.64 FEET TO THE BEGINNING POINT OF THIS EASEMENT. EASEMENT NO.7 COMMENCING AT THE SOUTHWEST CORNER OF THE NE 1/4 (C 1/4 CORNER) OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN; THENCE N 00°13'01" W 989.43 FEET ALONG THE WEST LINE OF THE NE % OF SAID SECTION 16 TO A POINT; THENCE N 90°00'00" E 260.85 FEET TO THE BEGINNING POINT OF THIS EASEMENT; THENCE N 05°31'17" W 24.85 FEET TO A POINT; THENCE N 84°28'43" E 9.85 FEET TO A POINT; THENCE N 05°31'17" W 184.49 FEET TO A POINT; THENCE N 84°28'43" E 34.00 FEET TO A POINT; THENCE S 05°31 '17" E 51.11 FEET TO A POINT; THENCE S 84°28'43" W 14.00 FEET TO A POINT; THENCE S 05°31'17" E 158.23 FEET TO A POINT; THENCE S 84°28'43" W 29.85 FEET TO THE BEGINNING POINT OF THIS EASEMENT. WAYNE K. BARBER, P.L.S.8444 40207 sswatease.doc íJ agel.ö.-oLliL REVISION, SHEET: 2 OF 2 EXH \40207-Util-Ease.dwg EXHIBIT liB II EASEMENT LINE TABLE NUMBER DIRECTION DISTANCE Ll N 90'OO'00"E 44.48' L2 S 00'00'00" E 10.00' L3 N 90'00'00" E 20.00' L4 N 00'00'00" E 37.10' L5 N 90'00'00" W 4.62' L6 N 00'00'00" W 31.00' L7 S 90'00'00" W 4.62' L8 N 00'00'00" W 16.39' L9 N 90'00'00" W 6.97' LlO N 00'00'00" E 5.00' Lll S 00'00'00" W 5.00' L 12 S 90'00'00" W 20.00' L 13 N 26'57'49" W 22.04' L14 N 28'02'47" E 62.67' L15 N 61'57'13" W 5.23' L16 N 28'02'47" E 12.28' L17 N 71'58'50" E 20.00' L 18 N 06'16'45" E 44.06' L 19 N 18'01'10" W 47.89' L20 S 18'01'10" E 52.19' L21 S 06'16'45" W 52.21' L22 S 28'02'47" W 66.63' L23 N 40'00'00" E 17.37' L24 N 50'00'00" W 35.18' L25 N 40'00'00" E 20.00' L26 S 50'00'00" E 35.18' L27 N 40'00'00" E 10.00' L28 N 50'00'00" W 49.48' L29 N 19'33'24" E 56.95' L30 S 40'52'17" W 21.77' L31 S 80'15'46" E 28.39' L32 N 09'44'14" E 12.91' L33 S 09'44'14" W 12.91' L34 S 80'15'46" E 20.00' L35 N 80'15'46" W 20.00' L36 S 24'54'20" E 20.00' L37 N 80'15'46" W 34.63' L38 N 09'44'14" E 44.35' L39 S 09'44'14" W 44.35' L40 S 65'05'40" W 62.02' L41 N 61'36'57" W 17.73' L42 S 28'23'03" W 13.33' L43 S 73'23'03" W 6.69' L44 S 28'34'37" W 13.65' L45 S 61'25'23" E 8.83' L46 S 28'34'37" W 20.00' 8Y, NUMBER DIRECTION DISTANCE L47 N 61'25'23" W 8.83' L48 S 28'34'37" W 5.00' L49 N 61'25'23" W 20.00' L50 N 28'34'37" E 44.40' L51 S 61'36'57" E 28.84' L52 N 63'02'11" E 20.00' L53 S 26'57'49" E 15.80' L54 N 55'59'06" W 67.16' L55 N 65'05'40" E 55.79' L56 S 50'00'00" E 72.43' L57 N 90'00'00" E 71.87' L58 S 90'00'00" W 33.48' L59 S 00'00'00" E 20.00' L60 S 00'00'00" E 22.49' L61 S 50'00'00" E 20.00' L62 S 40'00'00" W 71. 72' L63 S 19'33'24" W 43.74' L64 S 16'02'54" E 64.60' L65 S 37" 1'23" W 20.00' L66 N 52'48'37" W 17.61' L67 N 35'16'21" E 33.00' L68 N 54'43'39" W 60.92' L69 S 35'16'21" W 33.00' L70 S 54'43'39" E 60.92' L71 S 90'00'00" W 8.65' L72 N 00'00'00" E 31.54' L73 N 90'00'00" E 35.62' L74 S 00'00'00" E 31.54' L75 N 26'46'50" E 20.00' L76 N 63'13'10" W 24.30' L77 S 63'13'10" E 25.70' L78 N 10'50'06" W 1.67' L79 S 79'09'54" W 9.00' L80 N 10'50'06" W 52.05' L81 N 79'09'54" E 29.00' L82 S 10'50'06" E 55.70' L83 S 00'24'54" W 20.00' L84 S 89'35'06" E 28.64' L85 N 89'35'06" W 48.64' L86 S 84'28'43" W 14.00' L87 S 05'31'17" E 51.11' L88 N 84'28'43" E 34.00' L89 N 84'28'43" E 9.85' L90 N 05'31'17" W 24.85' L91 S 84'28'43" W 29.85' L92 S 34'45'18" W 20.00' MEADOW LAKE VILLAGE GRAND LODGE - EASEMENTS BRIGGS ENGINEERING, INC. ~ ~ BRIGGS ) CITY OF MERIDIAN SEWER AND WATER EASEMENTS ENGINEERS PLANNERS SURVEYORS 1800 W. OVERLAND ROAD' BOISE, IDAHO 83705 . (208)344-9700 DWG DATE: 06/01/05 DPM Dwe NO. 40207 SCALE: These drawings, or any portion thereof, shall not be used an any Project Dr extensions Df this Project except by written agreement fram Briggs E"gin.dog, Inc. Pag NTS EXHIBIT "B " N. TOUCHMARK LIVING CENTER SUBDIVISION NO.1 J[, lL' CENTER 1/4 CORNER INTERST ATE 84 .EV1510N , BY. MEADOW LAKE VILLAGE GRAND LODGE - EASEMENTS BRIGGS ENGINEERING, INC. ~ '""" , OF 2 EXH CITY OF' MERIOIAN SEWER ANO WATER EASEMENTS ENO'N".> PLANNERS SURVEYORS ""'" w. ovEIWo """ . 6O15E, IDAH" "705 . ("')"<-0700 40207 '=E, '"-120' Th,.. '"w'"" " '" po"'" th""f. ,holl 00' b, ",,' '" '" P"¡,,t " "too,i,", 0' thi, P"¡,,t ",opt b, .",,'" o,~'m,"' '"m "'go, E""""". '00. 40207-U[iI-Eooo.d. ""0 OA]E. 06/02/05 OI'M OWO NO. P age.Aotla...