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Sanitary Sewer and Water Main Easement with Russell, Mark for Troy Place ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 5 BOISE IDAHO 09/23/05 01:37 PM ~~~~~ÒE~i:k~:61~~ST OF 111111/111111111 1111111/11111/1111111 Meridian City 105139576 " -'-'-'--""-.- ----,--- - --- ---- SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this 13th day of September, 2005 between Mark Russell, 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 A TT ACHED 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 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 091305 Page 1 C046350 P~UlA \ nf ~ 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. ldi~~ STATE OF IDAHO) ) ss ) On this /(5h day of Sp~ ,20 Ò5, before me, the undersigned, a Notary Public in anä for said State, personally appeared known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. County of Ada IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ..-'0110106801,1 "f¡,'ðt 1 -'7I"~'" 110'" $ ~. ~"II1I1:" """ ".;....'lið,4yY .1i"..""."V~ ,øø~ III ~..:.y .f) .. "'^ <Pc :: ':"<0' . ,TÇ.;" '" : {,J I ~()TAIl r ;P \ <co "-0 . ';P':" .. :::2" ....- . Z :: : . t.: i ':0 Þ{rB"\"):'"' co -. fP,- r'J:) ¡ \",~" -~,.' "'",1:-/1 OF \ ~ ,,'Ii "II" - ..~ ""'UII" Sanitary Sewer and Water Main Easement EASMT.S&W 091305 Page 2 C046350 Page c9 pQ CITY OF MERIDIAN - Approved by Council on : ... ... "I ~5 STATE OF IDAHO, ) : ss. County of Ada, ) On this ~day of ~+eJl1.6er ,2005, before me, the undersigned, a Notary Public in and for the State of daho, personally 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 first above written. ....".. """"ff .."" B L f~#. SEALè,." ~\C . 8-4,: '.. , , ~ ........... '.;~, ", .. .. -r..;..- " .. T ..V" " , ¡ ~O A~y. \ ~" "i -.- i * : \ \ ÞlrBL\:¿ Ë ~ú-" ~ ~ .l> -.. 0 , ".. "1 » ....... ~§ #.. :Ii OF \U"', #'ff ...~ ,.,."..., page.3 n~ EXHIBIT "'A" WATER AND SEWER MAIN EASEMENT FOR TROY PLACE SUBDIVISION A water and sewer main easement over, under and across a parcel of land being a portion of the SE1/4 of the NW1I4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a 5/8 inch rebar marking the centerline intersection of E. Carlton Avenue and E. 2 1/2 Street, thence along the centerline of said E. 2 112 Street NOoo06'50"W a distance of 637.04 feet to a point, from which a brass cap marking the centerline of said E.2 112 Street bears NOOO06'50"W a distance of374.37 feet; thence leaving said centerline N90o00'00"E a distance of30.00 feet to a point on the proposed new East right-of-way line of said E. 2-1/2 Street being the POINT OF BEGINNING; Thence along said proposed East right-of-way line NOoo06'50"W a distance of20.00 feet to a point; Thence leaving said proposed East right-of-way line S90o00'00"E a distance of 110.00 to a point; Thence NOoo06'50"W a distance of 5.27 to a point on the South line of MILTON SUBDIVISION, as shown on the official Plat recorded in Book 51 of Plats at pages 4261 and 4262, records of Ada County, Idaho; Thence along said South line N88°23'38"E a distance of20.01 to a point; Thence leaving said South line SOOO06'50"E a distance of 12.92 to a point; Thence N89°53'10"E a distance of77.57 to a point; Thence S45°O2' 47"E a distance of 44.94 to a point; Thence SOl °33 '16"E a distance of 16.76 to a point; Thence S88°20' 42"W a distance of 11.65 to a point; Thence N45°02'47"W a distance of36.76 to a point; Thence S88°16'05"W a distance of72.15 to a point; Thence SOoo06'50"E a distance of 59.09 to a point; Thence S88°20'42"W a distance of20.01 to a point; Thence NOoo06'50"W a distance of71.66 to a point; Thence N90000'00"W a distance of 110.00 to the POINT OF BEGINNING. CO46350- wtr sewer_easement_Iegal 040705hwe.doc pageLf 5 I t. ~I JO.OO r-:I =1- . 0 0" ~:!! 01 ~~ I::! I :g - i TCA~l Ã VENUE E-< r::¡ -:... r::¡ ~ ~ ~ is''' E-< ..:.;; U'1 ~ ... p:~ C\I ¡o,' ......... 0 :5 .-I tI> io -0 C\I ::.J 15 .p:z r::¡ ~ (1"m I I~ '" I I EXHIBIT "B" WATER AND SEWER MAIN EASEMENT FOR TROY PLACE SUBDIVISION LOCATED IN THE SE1/4 OF THE NWl/4 OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN ADA COUNTY, IDAHO 2005 ---- LEGEND BOUNDARY LINE ROAD CENTERLINE EASEMENT LINE PROPOSED RIGHT -OF -WAY LINE FOUND 5/B" REBAR FOUND BRASS CAP CAlCULATED POINT POINT OF BEGINNING --- @ ~ MILTON 5UBDM51DN BOOK 51 OF PLATS, PAGES 4261-4262 Scale: 1 "=60' u III U.L N~"23'38"E 325,65' =- -N;';;:;;;:;-~ ~ ~ ~7J-¡-'" - - - - - - - - - - - ¡ " no" 00 LN89'SJ'fO't 77.57' ~ -=- ----.-!!90'OO'OO"W IfO.OO' - - ~ l!1 P.""B. - - - 1 588'f6'OS"W 72. fS' v,,~:è;o~< i i-. ~ r - - ~v ". '" I ~ ~ '" <3'. «> l¡g ~ vq'~~ "' : ~" ~ <>'- ~ '" . ~ >{ I(§ L6 [(¡I ..... UNPLATTED I" "1 :1)1 ;; '"' '" -1b ~ ~ 0 -----___.l~7L----------- III S8S"ZO'4Z"W 325.51' UNPLATTED LINE TABLE NUMBER LENGTH BEARING L1 20.00 NOO'06'SO"W L2 5.27 NOO'06'SO"W L3 20.01 NB8'23'38"E L4 12,92 SOO'06'SO"E LS 16.76 501'33'16"E L6 11.65 588'20'42"W L7 20.01 S88'20'42"W ., í..... ì . {¡ ~ () ~ , ì Q; ~ ~.g U ~ Z Z ¡-.....j ~ >- m w z ~ ~ I « et:: 0 :>-: m 0 W :.::: m OW wet:: I 0 <ri ~ ~ 0 [] ~ ~ ¡.. ":~,!. ~ èi;;¡:¡J IJ.) ~ OJ ,,- 0 ....:; '" ~ u ~ '... ~ b1)w Q~ ~~ C"> ~ :::'3 ~ j :J3 E :x 21 w= 2<--> «9= z= w::q ...J ~ Z ~ ¡:;: §. Q I ...J ---' I--..,¡- -2;' «0 « <-->1 W I-- <: et:: ~ ~ u ~ ~