Sanitary Sewer Easement with Great Sky, Inc. for Sutherland Farm No. 5
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 6
BOISE IDAHO 12/05/05 03:09 PM
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Meridian City 1051 E:4651
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SANIT AR Y SEWER EASEMENT
THIS INDENTURE, made this 8th day of November ,2005 between Great Sky Inc. , 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 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 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 a sewer
line over and across the following described property:
(SEE ATTACHED EXHIBIT 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 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
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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:
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Trevor C. Roberts, President
STATE OF IDAHO)
) ss
County of Ada )
On this fd day of ~ , 20JL£:before me, the un~rsigned, a Notary
Public in and for said State, personally appeared -r ~ c . ~ 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
and year fist above written. //--
(SEAL)
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GRANTEE: CITY OF MERIDIAN
Tammy de Weerd,
Approved By City Council On:
STATE OF IDAHO, )
: ss.
County of Ada )
D~J ',,' 5
On this '2-1-- day of /ý()1/t/V ¡1.",~"l , 200j, 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, of the 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.
(SEAL)
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NOTARY PUBLIC FOR IDAHO
Residing at: rVL¿{hC( JJc/
Commission Expires: !O-I5'~ {t
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Project:
Date:
10-04-081
November 8, 2005
PARCEL DESCRIPTION
SUTHERLAND FARM SUBDIVISION NO.5
SANITARY SEWER EASEMENT
A parcel of land situated in a portion of the Northeast 1/4 of the Southwest 1/4, of Section 21,
Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, more particularly described as
follows:
Commencing at the Southwest corner of Section 21; thence along the Westerly boundary of Section 21,
North 00'00'17" West, 1,350.08 feet to the South 1/16 corner of said section; thence along the Southerly
boundary of the North 1/2 of the Southwest 1/4 of Section 21, South 89' 21'54" East, 2,233.92 feet to the
Western boundary of Sutherland Farm Subdivision No.5;
thence along said boundary, the following nine (9) courses and distances:
(1) North 00' 14'06" East, 24.64 feet;
(2) North 89'45'54" West, 148.85 feet;
(3) along a non-tangent curve to the left 20.00 feet, having a radius of 325.00 feet, and a long
chord which bears North 01' 43'38" West, 20.00 feet;
(4) South 86'30'36" West, 50.00 feet;
(5) along a non-tangent curve to the left 78.26 feet, having a radius of 275.00 feet, and a long
chord which bears North 11 '38'32" West, 77.99 feet;
(6) North 19' 47'41" West, 27.32 feet;
(7) along a non-tangent curve to the right 55.63 feet, having a radius of 353.86 feet, and a long
chord which bears South 78'57'28" West, 55.58 feet;
(8) North 06023'59" West, 70.02 feet;
(9) North 00' 52'14" East, 502.79 feet to the POINT OF BEGINNING;
thence continuing along said boundary, North 00'52'14" East, 30.00 feet;
thence South 89'07'46" East, 116.41 feet;
thence North 51 '19'02" East, 142.18 feet;
thence North 89' 54'55" East, 84.15 feet;
thence South 43'23'51" East, 142.39 feet;
thence along a non-tangent curve to the left 25.12 feet, having a radius of 225.00 feet, and a long
chord which bears South 25' 54'09" East, 25.11 feet;
thence South 29'06'02" East, 10.29 feet;
thence North 87'26'35" West, 28.64 feet;
thence North 43'23'51" West, 142.77 feet;
thence South 89' 54'55" West, 60.70 feet;
thence South 51 ' 19'02" West, 64.51 feet;
thence South 23'59'03" West, 97.21 feet;
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thence North 65 ° 43'49" West, 30.00 feet;
thence North 32" 34'22" West, 33.38 feet;
thence North 89°07'46" West, 103.22 feet to the POINT OF BEGINNING.
Containing 0.397 acres, more or less.
END OF DESCRIPTION
Prepared by:
J-U-ß ENGINEERS, Inc.
Ronald M. Hodge, P.LS.
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P:\GAL\10'O4-081 - Sutherland Farm No. 5\10-04-081-Admin\10-04-081-SSewEase.doc
Parcel Description
Sutherland Farm Subdivision No.5
November 8, 2005
Page 2
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CURVE TABLE
RADIUS TANGENT DELTA
225.00 12.57 6'23'47"
325.00 10.00 3'31'32"
275.00 39.39 16'18'17"
CURVE
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LENGTH
25.12
20.00
78.26
THISDOCUMENT,ANDTJ<:~~:~~.":'NCOAPORATeDHEREIN, CAD FILE, 1O-64-O81_E'HI "D~
AS AN INSTRUMENT CF PROF..SION"'-SEAII1CE, ISTJ<E PRDPEATYDF PAOJ,', GAL\1O<1«1a' rJ U B
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DESIGN "V, ~.. """")00'0'-"
AEVI I N OE A"'-' N H-
SUTHERLAND FARM NO.5
MERIDIAN ADA COUNTY IDAHO
SEWER EXHIBIT
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260
CHORD
25.11
20.00
77.99
SHEET
OF