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Sanitary Sewer and Water Main Easement with Strada Bellissima, LLC for Strada Bellissima Subdivision -, ADA COUNTY RECORDER J, DAVID NAVARRO AMOUNT .00 7 BOISE IDAHO 08/18/05 01:13 PM ~~~~~ÒE~:a~~~~~~f OF 1111111111111111111111111111111111111 M 'd' C'W 105117214 en Ian I '---.---- ---- ..---..-- ------_.-.---~ SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this JæSay of July, 2005 between Strada Bellissima, LLC" 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 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 EXPRESSL Y UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, Sanitary Sewer and Water Main Easement EASMT.S&W 072105 Page 1 C046123 PagP. \ n( 'Î which would interfere with the use of said easement, for the purposes stated herein. 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. Strada Bellissima, L.L.C. By: Evans Construction Management Company, its member By: Richard D. Evans, its president &:¿ Ä President Evans Construction Management Company STATE OF IDAHO) ) ss County of Ada ) On this f1~J day of July, 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Richard D. Evans, known or identified to me to be the President of Evans Construction Management Company, one of the members of Strada Bellissima, L.L.C., and the member or one of the members who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of said Evans Construction Management Company, and that such corporation executed the same in said limited liability company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. Sanitary Sewer and Water Main Easement EASMT.S&W 072105 Page 2 C046123 paga þ} of'Î - CITY OF MERIDIAN Approved by Council on : STATE OF IDAHO, ) : ss. County of Ada, ) On this 1~ay of L<- . t.<.5 J--.- ,2005, before me, the undersigned, a Notary Public in and for the State of Idaho, ersonally appeared Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to 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 fITst above written. SEAL .",.. """", ~" ~CB L. a....,:, !t-r-..'?;jo. ".,-T;", Il" ....~-:. : -iOTA . ~ : ~ '"'-k I. ~ : -* .r. - : ¡ -.- .. * : .. .. - = \.þ .--:: , e UB L 1>..:- : ~ (/'. e. c': ~. .,r'.- ..~ .-_-' --;(~ ..~ .. "'l j-- ~"......c~-- --" .':" +.. .I:!' Vi-' f' I' ".." .." .).--' - ...,., ........~.,. page ~ of 'Î .~¡; EXHIBIT" A" SEWER MAIN AND WATER LINE EASEMENT FOR STRADA BELLIS SIMA SUBDIVISION A sewer main and water line easement over, under and across a parcel of land being a portion ofthe SEl/4 ofthe SEl/4 ofSectiqn 24, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at an aluminum cap monument marking the SE Corner of said Section 24, thence along the South line of said Section 24, N89°20'52"W a distance of 326.92 feet to a point, from which an aluminum cap monument marking the SW Corner of the SEl/4 of the SEl/4 of said Section 24 bears N89°20'52"W a distance of 993.18 feet, thence leaving said South line NOo039'08"E a distance of 74.29 feet to a point on the North right-of-way line of W. Victory Road being the POINT OF BEGINNING of the following described sewer main and water line easement; Thence along said North right-of-way line and along the arc of a curve to the right having a radius of318.31 feet, an arc length of20.16 feet, a central angle of 3°37' 41", and a chord which bears N60044'58"W a distance of 20,15 feet to a point; Thence leaving said North right-of-way line N36°18' 14"E a distance of 49.84 feet to a point; Thence N45°39'10"E a distance of 116.05 feet to a point; Thence NOo039'1Ü"E a distance of84.77 feet to a point; Thence N27°21 '38"W a distance of38.32 feet to a point; Thence NOo039' 1 O"E a distance of 49.97 feet to a point; Thence N89°21 '50"W a distance of 18.50 feet to a point; Thence NOo039'10"E a distance of20.00 feet to a point; Thence S89°21 '50"E a distance of 18.50 feet to a point; Thence NOoo39'10"E a distance of207.71 feet to a point; Thence N28°39'57"E a distance of 38.32 feet to a point; Thence NOo039' 10"E a distance of 115.23 feet to a point; Thence N89°20'50"W a distance of 10.88 feet to a point; Thence NOo039'10"E a distance of20.00 feet to a point; Thence S89°20' 50"E a distance of 8.90 feet to a point; Thence NOooOO'OO"E a distance of 17.89 feet to a point; Thence S90000'00"E a distance of20.93 feet to a point; Thence N64°37'13"E a distance of 70.40 feet to a point; Thence NOo03 9' 10"E a distance of 66.72 feet to a point; Thence N89°20'50"W a distance of28.96 feet to a point; Thence NOo039'10"E a distance of 10.00 feet to a point; Thence S89°20'50"E a distance of28,96 feet to a point; Thence NOo039'10"E a distance of70.00 feet to a point; Thence N89°20'50"W a distance of28.96 feet to a point; Thence NOo039'10"E a distance of 17.50 feet to a point; Thence S89°20'50"E a distance of28.96 feet to a point; CO46123 _sewer-water - easemenUegal- OS230Shwe-doc 1 L I - 1l,..,,~'fJ' F~- Thence NOo039'10"E a distance of66.75 feet to a point; Thence N63°18'53"W a distance of 91.26 feet to a point; Thence NOo039'10"E a distance òf199.82 feet to a point; Thence N84°05'14"E a distance of9.36 feet to a point; Thence along the arc of a curve to the right having a radius of 153.00 feet, an arc length I of 17.35 feet, a central angle of 6°29'52", and a chord which bears N87°21 , 10"E a distance of 17.34 feet to a point; Thence S89°24' 54"E a distance of 5.39 feet to a point; Thence SOo039'10"W a distance of 7.71 feet to a point; Thence S89°20'50"E a distance of9.54 feet to a point; Thence SOo039' IO"W a distance of20.00 feet to a point; Thence N89°20'50"W a distance of 9.54 feet to a point; Thence SOo039' 10"W a distance of 66.96 feet to a point; Thence S89°20'50"E a distance of26.46 feet to a point; Thence SOo039' 10"W a distance of 17.50 feet to a point; Thence N89°20'50"W a distance of26.46 feet to a point; Thence SOo039' lO"W a distance of 69,74 feet to a point; Thence S63°18'53"E a distance of 91.26 feet to a point; Thence SOo039' 10"W a distance of 77.10 feet to a point; Thence S89°20'50"E a distance of 8.22 feet to a point; Thence SOo039'10"W a distance of20,OO feet to a point; Thence N89°20'50"W a distance of 8.22 feet to a point; Thence SOo039'10"W a distance of 173.92 feet to a point; Thence S65°08'49"W a distance of90.85 feet to a point; Thence SOo039'10"W a distance of70.56 feet to a point; Thence S89°20'50"E a distance of 26.46 feet to a point; Thence SOo039'10"W a distance of 17.52 feet to a point; Thence N89°20'50"W a distance of26.46 feet to a point; Thence SOo039'10"W a distance of58.19 feet to a point; Thence S45°39'10"W a distance of25.46 feet to a point; Thence SOo039'1O"W a distance of36.29 feet to a point; Thence S89°20'50"E a distance of26.44 feet to a point; Thence SOo039'10"W a distance of 10.00 feet to a point; Thence N89°20'50"W a distance of26.44 feet to a point; Thence SOO039'10"W a distance of 70.49 feet to a point; Thence S89°20' 50"E a distance of 26.44 feet to a point; Thence SOo039'10"W a distance of 10.00 feet to a point; Thence N89°20'50"W a distance of 26.44 feet to a point; Thence SOo039' 10"W a distance of 42.42 feet to a point; Thence S89°20'50"E a distance of 10.00 feet to a point; Thence SOo039'10"W a distance of20,OO feet to a point; Thence N89°20' 50"W a distance of 1 0.00 feet to a point; Thence SOo039'10"W a distance of77.73 feet to a point; Thence S44°20'50"E a distance of 14.24 feet to a point; Thence S90000'00"E a distance of 16.92 feet to a point; CO46123 _sewer-water - easemenUegal- OS230Shwe.doc 2 Page S nt!l- Thence SOooOO'OO"W a distance of 10.00 feet to a point; Thence N90o00'00"W a distance of9.10 feet to a point; Thence SOoo39' 10"W a distance of 49 .17 feet to a point; Thence S54°20'50"E a distance of32.31 feet to a point; Thence SOoo24'18"W a distance of 19.77 feet to a point; Thence N54°20' 50"W a distance of 32.42 feet to a point; Thence SOOo39' 1 O"W a distance of 31.41 feet to a point; Thence S45°3 9' 10"W a distance of 64.3 0 feet to a point; Thence S44°20'50"E a distance of36.89 feet to a point; Thence S45°39' 10"W a distance of 20.00 feet to a point; Thence N44°20'50"W a distance of26.88 feet to a point; Thence S45°39' 1 O"W a distance of 14.27 feet to a point; Thence N44°20'50"W a distance of 10.01 feet to a point; Thence S45°39'10"W a distance of 41.10 feet to a point; Thence S36°18'14"W a distance of 45.73 feet to the POINT OF BEGINNING. Said easement contains approximately 46,998 square feet or 1.08 acres, more or less and is subject to all existing easements and rights-of-ways of record or in use. CO46123 _sewer-water - easemenUegal- 052305hwe.doc Page 3 (0 "n( f) a d ~ ~ i.- ,.:) L2]1;¿ L2(26 EXH I BIT" B " L27 SEWER MAIN AND ~I CJ L¡fa WATER LINE EASEMENT ~ ~~J! FO R ~l...J1 LJ2 STRADA BELLISSIMA ~ ~ LJJ SUBDIVISION ~ :J s~J' LOCATED IN THE ~ ~~~~~ SE1/4 OF THE SE1/4 OF l ~. <f' SECTION 24, TOWNSHIP 3 NORTH, ~~J/~ ì RANGE 1 WEST, BOISE MERIDIAN, .9-,,:~~-:J:.r ~ CITY OF MERIDIAN, ~ ':J¡rLJ6 ADA COUNTY, IDAHO - " ---l221 1--LJ7 NORTH RIGHT-OF-WAY UNE~/¡(1Jl r ~, . W. VICTORY ROAD Y' . \.. ~ VL70 SW CORNER C', P.O.Ð. SE1/4, SE1/4 NOO"J9'O8"E ~ i L72 L7! SECTION 24 74.29'" Q) V' 993. 18' - -1 - 326.92' N89°20'S2"W 1320.10' LINE TABL[ NUMBER LENGTH BEARING 11 49.84 N36' 8'14"[ l2 38.32 N27'21'38'W l3 49.97 NOO'39'10"[ l4 18.50 NB9'21'SO"W l5 20.00 NOO'39' 10"[ L6 18.50 589' 21 'SO"[ l7 38.32 N28'39'S7"[ L8 115.23 NOO'39'10"[ 19 10.8a N89' 20'SO"W lIO 20.00 NOO'39' 10"£ lI1 6.90 589'20'SO"[ l12 17.89 NOO'OO'OO"[ lI3 20.93 590'00'00"[ 1I4 70.40 N64'37'1 3"E US 66.72 NO0'39'10"[ Ll6 28.96 NB9'20'SO'W l17 10.00 NOO'39'10"£ LIB 28.96 589'20'50"[ lI9 70.00 NOO'39'10"E . -- -- -- - -. - -.- I.oU/'{ve. lADLe. NUMBER LENGTH RADIUS D£lTA TANGENT CHORD CHORD BRG CI 20.16 318.31 3'37'41" 10.0S 20.15 N60'44'SS'W C2 17.3S IS3.00 6'29'52" 6.69 17.34 NB7'21'10"E SE CORNER -SECTION 24 GÐ \ DETAIL FILENAME: PINNACLE DRAWN BY: P:\A_CIVIL \CO46123\dwg\cO46123_sewer-woter_exhibit.dwg HWE CREATION DATE: Engineers, Inc. CHECKED BY; 12552 W. E~ecutõ". Or., Suite 8, 80ioe, Idaho 05-23-05 83713 REB (208) 887- 7760 " -,