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Sanitary Sewer and Water Main Easement with Moore, W.H. for Centerpointe 2 J ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 15.00 5 BOISE IDAHO 05105106 01:57 PM DEPUTY Vicki Allen 1111111111111111111111111111111111111 RECORDED - REQUEST OF 106070931 Quadrant Consulting -'- SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made thia5- day o~"~ 2cfubetween \}..J~- ~'(t ) , the parties of the first part, and hereinafter caIÎe'd?h":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 ITee right of access to such facilities at any and all times. TO HA VE 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 ofthis easement. Sanitary Sewer and Water Main Easement EASMT SW.doc ¿ 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. 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 year first herein above written. GRANTOR: (~~ Secretary STATE OF IDAHO) ) ss County of Ada ) On this (p~ day of A-pV\ \ , 20Jl!L, b~fore me, the undersigned, a Notary Public in and for said State, personally appeared ~\,^~.lmV\ H.lÁ f)[Y(Ü and , known or identified to me to be the Prcsidønt and Secretary, respectively, .(If the cmporatión that- executed the within instrument, and acknowledged to me that such~rp0ratiou.executed the same. ¡IT ~ ð1-I... IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist abo~(ñ written. \\\\\" III",,/. s:.'~~\~\'t.l. GIBSÓ""" ~ 't-' ~............ * ~ ~.o .. ~ § ... ~OTAR}"" \. ; : ~ : =*: .... :*= ~ : : : ~ ... PUBLIC ... i ~ .... .... § ~.. ...£f' Sanitary Sewer and W'~öi~t ""IIIIII""\~ ~;J ) 'i. JjJ;~ NOTARY PUBLIC FOR IDAHO Residing at: 'tri\ße \da\t\() Commission Expires:~. \~ o2.D\1. EASMT SW.doc GRANTEE: CITY OF MERIDIAN ~ Tammy de erd, Mayor A¿*~ t:t ctclcrk Approved By City Council On: ¡ E~-:..;_~:c::; j 6 "')! 1--- ~ ç- --- t:? \ .f:V/~c~ jj; -::;. 1 , ~:",.,';;/' .if.'" <~~' --",. C-. h . -f;)'f' .,:> 1"'1'11 ,~\JCJNT"l . . \.;,y- 11II . \\\ 111111/1 !P\',\\\ STATE OF IDAHO, ) : ss. County of Ada ) On this ~ \o-lV' day of .~ ' 20~ before me, the undersigned, a Notary Public in and for said State, personal y 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. (SEAL) IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~...äN.~.--. .. .. ..fôj +OT~ .. ., ;.A. . ' . . I I . . I I . . , , . . .. " . ..fA.' ~ I - '..",,"' I . .~,,:.;, ..~.. 'F OF tÐ~.. -...... 211M rnStv(~ ~ NOTARY PUBLIC FOR IDAHO Residing at: ÝY\.Æ. Lk> e-- cß d Commission Expires: 10-- /C(-f( Sanitary Sewer and Water Main Easement EASMT SW.doc April 14,2006 Page I of 2 '..1 .. Quadrant Consulting, Inc. EXHIBIT "A" SEWER MAIN, WATER MAIN, PUBLIC UTILITY AND PRESSURIZED IRRIGATION EASEMENT An easement for the construction and maintenance of a sewer main and water main across a portion of the Southeast Y4 of Section 32, Township 4-North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, said easement being more particularly described as follows: Commencing at the Southeast comer of said Section 32, thence along the South line of said Section being the centerline of East Ustick Road North 89°44'39" West 1118.13 feet; thence leaving said South line North 00°15'21" East 59.96 feet to the North Right- Of-Way line of said East Ustick Road; thence continuing North 00°15'21" East 450.85 feet to the POINT OF BEGINNING; thence North 00°15'21" East 52.39 feet; thence South 89°44'39" East 101.63 feet; thence South 00°03 '02" West 51.93 feet; thence North 90°00'00" West 101.81 feet to the POINT OF BEGINNING. Said easement contains 5,306 square feet or 0.12 acres more or less. .1904 W. Overland. Boise, 1083705 . Phone (208) 342-0091 . Fax (208) 342.0092 . Email: quadrant@quadrant.cc Civil Engineering. Surveying. Construction Management "- (J1 -I> n a ;JJ z '" ;JJ POINT OF BEGINNING NOO'15'21"E ~5'J.85' 2m <XI}> W(j) ~-~ I ""'I ::Ern ",j;¡ m;AJ !J'- ?' z - -I> G) :: ~ I~' I A I ~ I -I I ¿S I }> ~ LINE TABLE LlNEi BEI\Rlr.G LENGTH L19 'r\OO'15'21"E 52.39 L53 S90'OO'OO"W 101.81 L54 SB9'4':'39"E 1 01.63 L56 SCO'O3'O2"W 51.93 c (j) ::::! n ^ I I I -,~ ~T" ~^GLE ROAO ~ (IDAHO STATE HIGHWAY 55) ~ ,~ :: ~¿: MARCH 21, 2006 PAGE 2 OF 2 -NOO'3Q'I~ 1327:74' - - - - - - - -c;II- ~Q'JQ'lg:E 0'-. 1326_54 "'~ . '" "- -I> ",n ",0 ~~ """ ",'" NOT TO SCALE . EXHiBIT B SEWER MAIN, WATER MAIN, PUBLIC UTILI TY, AND PRESSURI ZED IRRI GA TION lOCA TED IN THE SE 1/4 OF SECTlON 32, TAN.. R.1E., 8.M. CITY OF MERIDIAN, ADA COUNTY, IDAHO r;:l .. Quadrant Consulting, Inc, <90f -! O",rlooo Rood &I,~ '."'0 8J705 (208) J_<2-00" P"OIÆ (2M) J<2-0002 PAX ,,'" rn<:INITRiNo--SlIRIDWG-CCWSmuc- M"'GlJ, <HT