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Sanitary Sewer Easement with Cutting Edge, LC for Razzberry Crossing ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 6 BOISE IDAHO 09/23/05 01 :37 PM ~~~~~bE~i:k~:J1~~ST OF 1111111111111111111111111111111111111 Meridian City 105139574 -------"-----"",, ""--" '-_/ SANITARY SEWER EASEM~ THIS INDENTURE, made this 15 day of September, 2005 between Cutt~ Edge. LC , the party 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 desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline fÌ'om tùne 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 rightaof-way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE A TT ACHED EXffiBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and repJacement at the convenience of the Grantee, with the :tree 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 Sewer Main Easement RazzEASMT .8WR.doc Page ( nŒ- 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: By: - Bonnie A. Reitennan, Member ,/" Carl 1. Reitètfuän, Member STATE OF IDAHO) ) ss County of Ada ) On this ~5 day of S\:,~,'\",~-r- ,20:15. before me, the undersigned, a Notary Public in and for said State, personally appeared Carl J. Reitennan and Bonnie A. Reitennan, known or identified to me to be members of the limited liability company that executed the within instrument, or the persons who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company 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) a & DENICE B. THORNTON NOTARY PUBLIC STATE OF IDAHO DM~¿~J J 6 n: vk / NO!~Y PUBLIC FOR IDAH~esldingin:Meridian.1daho ResIding at: r,nmmi"<;Înn E,<pir:('>' oe.03.2010 Commission Expires: ~ ~ Sewer Main Easement RazzEASMT .SWR.doc Page ~ nLiJL GRANTEE: CITY OF MERIDIAN SEAL = .. ::;"Y. §.:= Attest by William G. Her , Ci Clerk \/ "'ð - ., 151 . '" iJ j ~~ . Approved By City Council On: ~~ , 1/," III :'1\\ \ ~ STATE OF IDAHO, ) : SS. County of Ada ) On this ;"O-+tdayof Ser+etkb €(' ,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. ~~". "II.'",,~ ".., :\,Cß L. S";"'. ,:"" '-~ .."".... '/,. '\ or ...y..- .. ";"'. ~ ~ ~~ ~". f ¡ ~OTAJ(y"\ '\ s * i _._~: * i ~ .. ~CJBL\C i "'- .ft . .. .... v:;. .. 0 .t ... ..¡ :r.....". t.~ /t.4i .."" 'Ii 0 F \1> .....", '..........,." (SEAL) NØt Y PUBLIC FOR IDAHO. Resid. g at: ¡l}t'Y I'd J f/ t1 .:J4q /u; Co . sion Expires: Dt¡/zo /0 7 . I I "',-../' Sewer Main Easement RazzEASMT .SWR.doc PUR ?J nJ.¿,: EXHmIT "A" claiborn... waite consulting, lie engineers & surveyors 120 N. Curtis Rd. Boise, Idaho 83706 (208) 376-8555 Fax (208) 429-9862 P.N.2162 September 15,2004 PROPOSED RAZZBERRY CROSSING SEWER EASEMENT A strip of land being a portion of Lot 10, of Crestwood Subdivision No.1, as filed in Book 28 of Plats at page 1757, Records of Ada County, and located in the Northeast ~ of Section 31, T. 4 N., R. 1 E., B.M., Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at a brass cap monument marking the Northeast comer of said Section 31, from which the East y.. comer of said Section 31 bears S 00033'41"W, 2659.03 feet; thence along said East boundary line, S 00°33'41" W, for a distance of 1329.42 feet; thence leaving said East boundary line, N 89°46'30" W, for a distance of 33.00 feet to the Northeast comer of said Lot 10; thence continuing N 89°46'30" W along the North boundary of said Lot 10, for a distance of248.71 feet; thence S 00°33'41" W, for a distance of 158.25 feet to the REAL POINT OF BEGINNING; thence N 89°48'46" W for a distance of 146.03 feet; Razzberry Crossing Sewer Easement -1 pag&oJL thence S 32°59' 17"W for a distance of 20.30 feet; thence easterly along a curve to the right for an arc distance of20.46 feet, said curve having a radius of325.92 feet, a central angle of 3°35'45", and a long chord which bears S 69°04'46" E for a distance of20.45 feet; thence N 32°59'17" E for a distance of5.12 feet; thence S 89°48'46" E, for a distance of 135.00 feet; thence N 00°33'41" E, for a distance of20.00 feet to the REAL POINT OF BEGINNING; containing 3064 square feet, more or less. Prepared by: Todd R. Waite P.L.S. Razzbeny Crossing Sewer Easement -2 Page 5 oLli N EXHIBIT 'B' NE CORN BRASS CAP SEC 31 T. 4N., R. 1 E., 8.M. 3: CURVE c- 1 CHORD BEARING S 69'04'4 .. E ~N '<t;- ~ m f'~ 8- (/) N $9'46'30" W 248.71' 33.0.0' -I w C) U.I Z ~ « -'in :t"NI- ::i cri I 0 ~ '-' 0 - z f5 JL l[, ... 10.00 N 89'48'46" W ~f-- ------146.0Y---------- ~"y~ I ~~ L- t? C 1 -- - - - - - - -- 2 .!9.48'46":" L - - - -- -- -- - - --.i"-N 00'~3'41" E f <v 135.00' 20.00 1\ .... . r- ~ ~ '. S' Æl (r;J' ì41?~ Dfi>/L C Vê (3 0::: Z c( 5 æ ~ -z. Z REAL POINT OF BEGINNING :i E. US TICK ROAD VICINITY MAP -NTS- LEGEND (i) ... IS,IIO- SECTION CORNER FOUND CALCULA lED POINT PROPOSED SANITARY SEWER UNE WI MANHOLE EASEMENT UNE " ------------ 90 3.75 15 60 , 0 7.5 30 ---SCALE: 1" =30' E R claiborn... waite consulting, Uc 1<161 S, TE/lAEfM., MERlDIIIN.IÞAHO83ð42 PtI. (1081 æe.869~ . Ç;\PIøl¡d8\R£11ER(2162)\OrnInOl\p77 ""--€NT.*, 8/8/2004 3:»:» PM MDT P8&&tlL