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Sanitary Sewer and Water Main Easement with Moore, W.H. for Centerpointe 4 ADA CDUNTY RECORDER J. DAVID NAVARRO AMOUNT 18.00 80lSE IDAHO 05/05/06 01 :57 PM DEPUTY Vicki Allen 1111111111111111111111111111111111111 RECORDED-REQUEST OF Quadrant Consulting 106070932 6 -.." .,.-/ SANIT ARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made thidE> day of\. ()~ Q, 2~ between t(J \:\ ffim,t) , the parties of the first part, and hereinafter cali~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 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. 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 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: Secretary STATE OF IDAHO) ) ss County of Ada ) On this LP~ day of -Af"; \ \ , 20 Ole>, before me, the undersigned, a Notary Public in and for said State, personally appeared -\(\ \\r\ o;Th'" \-\:. ~ t)t)'C{.. and , known or identified to me to be the President and ¡J 2A"'.s ot'\ gcerctary, f@¡;pecti\'@ly, gf the corporation that executed the within instrument, and acknowledged to me that 6tlch C6f¡JOratiea executed the same. Vu- IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year t1<::t,above written. ~\\,¡mn 111,,1. ~~~'~\~ L. GI81Q~III"" ~ "'" ~oooO"OOooo ~ ~ fit 000 °o~. "" 0 00 ~ § l ~OTA.Rl'.. ;; - . . - æ*: .... :*E \ \ PUBLIC l ¡ ~ .. .. ~ ~.. ..;::; ~ .0. .... ~ Sanitary sewé'f;4JR!!7fåf~~<>ioIi.~asement 111111 II II """"".... NOTARY PUBLIC FOR IDAHO Residing at_'&>\ ß~- \d.aV\{') Commission Expires: \ D l - \ ~ . 2.b \1- EASMT SW.doc GRANTEE: CITY OF MERIDIAN --t/~~~ Tammy de Weeff. Mayor \ Approved By City Council On: 4- :?Ç-~(J6 ,\\,\\"\I,,\~ ¡~I,;,;;~",',~,,:'-'/'!/, ,\ ~I Of ."-L_"""', "/" ",,~,\ -.---..,""""/,,'-'>,, / c} J:;r,\!c)ì~":ì ;~:~<':i' '-\ ;;:-,~ <>"¡ '\ -::- ,,;:,' '~,-::. ,:' \ -::. ~' [~-~:-,.'._~"J J ~ ::: ,,';::' ¡ ,~ C"i"ï, ;::- .. ~ r' ~".... ~/ ,,0 .::; -;.~' '1")1,,/,,,(,,-, -;. 'if -~ At" ,~ ' """'" ß... -~rrV 'y "'~ 'It~VCJ'.J' l' .,. 1111' ",.'" flil¡/j 10'J\\\' ' STATE OF IDAHO, ) : ss. County of Ada ) ~h ~ On this !t lj day of , 200~ 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) .~.$QN~....... .~+OT~,1. ... .~ . . , , . I I . . I I . . I , . . \ , . . \ I . .~'~~.. ".,,~. f1I to.. ..... 2hMm~~ NOTARY PUBLIC FOR IDAHO Residing at: }I1t"uÎ bú.. Jd Commission Expires: la-f) - ( ( Sanitary Sewer and Water Main Easement EASMT SW.doc April 14,2006 Page 1 of 3 '__I .. Quadrant Consulting, Inc. EXHIBIT "A" SEWER AND WATER MAIN EASEMENT REVISED APRIL 14, 2006 An eaSement for the construction and maint~nance of a sewer main and water main across a portion of the Southeast !j,¡ 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 476.88 feet; thence leaving said South line North 00°15'21" East 41.74 feet to the North Right-Of- Way line of said East Ustick Road being the POINT OF BEGINNING; thence North 00°00'00" East 52.28 feet; thence North 90°00'00" West 206.03 feet; thence North 00°00'00" East 70.80 feet; thence South 90°00'00" East 20.00 feet; thence South 00°00'00" West 50.80 feet; thence South 90°00'00" East 186.03 feet; thence North 00°00'00" East 13.00 feet; thence South 9.0000'00" East 204.29 feet; thence North 00°00'00" East 118.22 feet; thence North 90°00'00" West 11.48 feet; thence North 00°00'00" East 20.00 feet; thence South 90°00'00" East 11.48 feet; thence North 00°00'00" East 251.71 feet; thence North 00°45'09" West 143.79 feet; thence North 90°00'00" West 10.00 feet; thence North 00°45'09" West 20.00 feet; thence South 90°00'00" East 10,00 feet; thence North 00°45'09" West 236.24 feet; thence North 00°00'00" East 126.87 feet; thence North 90°00'00" West 13.57 feet; thence North 00°00'00" East 20.00 feet; thence South 90°00'00" East 13.57 feet; thence North 00°00'00" East 294.09 feet; thence North 90°00'00" West 421.63 feet; thence South 00°00'00" West 52.62 feet; thence North 90°00'00" West 20.00 feet; thence North 00°00'00" East 52.62 feet; thence North 90°00'00" West 344.79 feet; thence North 00°15'21" East 20.00 feet; thence South 90°00'00" East 1051.06 feet to the West Right-Of-Way line of North Eagle Road; thence along said West Right-Of-Way line ,1904 W. Overland 0 Boise,lD 83705 0 Phone (208) 342-0091 . Fax (208) 342-0092 0 Email: quadrant@quadrant.cc Civil Engineering 0 Surveying. Construction Management April 14, 2006 Page 2 of3 '..1 .. Quadrant Consulting, Inc. South 00°30'19" West 20.00 feet; thence leaving said West Right-Of-Way line North 90°00'00" West 231.56 feet; thence South 00°00'00" West 440.74 feet; thence South 00°45'09" East 400.03 feet; thence South 00°00'00" West 423.16 feet; thence North 90°00'00" West 199.99 feet; thence South 00°00'00" West 51.83 feet to said North Right-Of-Way line of said East Usitck Road; thence along said North Right-Of-Way line South 89°18'14" West 37.30 feet to the POINT OF BEGINNING. Said easement contains 78,303 square feet or 1.80 acres more or less. .1904 W. Overland. Boise, 1083705 0 Phone (208) 342-0091 0 Fax (208) 342-0092 0 Email: quadrant@quadrant.cc Civil Engineering 0 Surveying 0 Construction Management M 1::1 i~ ~~:~ ~r:~ .,' ''It :" ~t~ Zoo I .[<:1 00:> ~ .,' IOU) ,. . i iii ~ 1:::1 !.i L42 1. 'I = ~ I ~L29~ $~~~~ a:J z'" .liII5 . .. s:: ! :g j .~1 ~~ g~g t\ !'>z 8 g ,'1 it C) Ii rot ~ 1<\ . ~ 8.1 ¡ I ~~j ~n1 a ~ ~.,,* t1'i L28~. Ù2. .t;!.:j8 » -~" . VI .. ~ " 8 -; ..z L I -f. ..: c 1 Q;: J. ,,~õ ~ ..~ Q~gl L: ~ R ~ ~~I ~~g- ;:0 I 1It t--f'j t~ 0 . ii~'~OO'oo~ r t-~ ð .. .. ~-~2.~ ~ NOOOO'OO"E 2~~ ~NQQ:!5~..,.,jÆ ~'W'~~~~~OO'OO"E :i1i - ~00'OO~94.09~~\ L \è "'.~~~~~ ~~~'¥~~:"'~~~~~~~~ ~~~~~'\i:~~'~~., ..~ ~ I 500"00'00"'/1 42.J.16' SOO'~'O9"W 400.03' 5OO'00'00'W 441D4' . " 1 I ~t.~ L- ~~ I ~ ~~:.l - U1~- - ~ --- - ~ =- -- -. ~ - - - . ~.u . , >. tj NORTH EAGl.£ ROAD NOO'3O'19"£ lJV,7.r - - - - ~ - - ~- ~OO~.I9"E . (IDAHO STATE HIGHWAY 55) . ~~ 1326.5". "01 .... n ~ I~ ,., If' ::0 .V( I I I I ,="'"B "!:: Z NOT TO SCALE APRIL 1 Jb 2006 PAGE:3 F:3 ""IJ 0 z -; 0 " ID 1"'1 !ù :z z Z C) ORIGINAL PARCEL WD ¡JiO1028704 ~ ("On -0~ tj\d EXHIBIT B SEWER MAIN & WATER M,å.IN EASEMENT LOCATED IN THE S£ 1/4 OF SECTION 32, T.4N.. RolE.. B.M. ClT\" Of MERIDIAN, ADA COUNTY. IDAHO REVISED ARPIL 13, 2006 [ß] .. Quadrant ConsultIng, Inc. rOO4 .... """'..,.. ....ò -_.~ :~~=.,~~ I: