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Temporary Sanitary Sewer Easement with Corinthian Communities, Inc. for Sewer Pump Station ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 03108/07 01 :36 PM DEPUTY Patti Thompson RECORDED - REQUEST OF City 01 Meridian AMOUNT .00 7 1111111111111111111111111111111111111 107033599 TEMPORARY SANITARY SEWER EASEMENT \ \ _ ,\)J)> '-\ CD.-', t'\ih i 0. '" COV1\l'f\,^~ ,t', e s L L · THIS INDENTURE, made thi~ day of ~, 2007between ~Ih..' IIvmeS' 391 West State Street Suite E Eagle", Idaho 83616, 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 temporary 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 and pump station to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline and pump station 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 a temporary easement for the operation and maintenance of a sewer pump station and sewer line over and across the following described property: (SEE ATTACHED EXHffiIT A-Legal Description, and B-Drawing) The temporary easement hereby granted is for the purpose of operation of a sanitary sewer pump station and 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 until the sanitary pump station and related lines are no longer required. TO HAVE AND TO HOLD, the said temporary easement and right-of-way unto the said Grantee, its successors and assigns forever, or until the off-peak pumping station is no longer which shall be upon the Black Cat Trunk connecting to the Glacier Springs Diversion Manhole and accepting influent. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the temporary easement will be released back to the Grantor at such time that the Black Cat Trunk connects to the Glacier Springs Diversion Manhole, and is accepting influent. This connection will remove the need to provide the sanitary sewer service through the sanitary pump station and associated pipe lines. Sewer Main Easement rev. doc Temp-EASMT SWR- _ p~ 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 temporary easement, which would interfere with the use of said temporary 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 temporary 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 temporary 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 temporary 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. Sewer Main Easement rev.doc Temp-EASMT SWR- Fait' ~ 0{ f) ~ I ~l GRANTOR: tOVl-I1~h(tU" ~<;teejlebh<-\Y \ PA-J.,C) I L I/(L ~ C b f '. {\ -th,' <\.1'\ CO'Y"l1'l\ \,1.1\ 1.-t~~5 TOG. Secretary STATE OF IDAHO ) ) ss County of Ada ) On this --LL day of ~, 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared ~ tA s.h ~V'\ 131~e;ls.+oCk:... 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 WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above \Vlitten. iri'O \\0 QWHlU Q Ii *it (SEAL) Jf>.~ ~\ ALl..p ~~ ~~ ~~~-~#~~ ~ A0 , ""' .J'~ \ ~~t! \ <-' ! I ~oTA1t'r.~ ~ ... ( t n :: ~e~ i ~ \ ~PlJBL. \.C J J - ~n ~ \ loP). .L~O ~ *~ ~. . .",y .. .4'#-_ :te O.F l"\) ~ ~~.... 'f#, ~~.. '1'# lllftflllHl11 aG.~ ~22p.L-: N~;Sid~ ~~L~ ~~~~~ Commission Expires: {o~ ~ S ., 0 Sewer Main Easement rev.doc Temp-EASMT SWR- ~_ page..3 nf i ~ j GRANTEE: CITY OF MERIDIAN 8Ei\.L - p) -.. ~ :: 7'.. &y .~:: ... ... ;. ,qj ,:':: ~~ 9-%?-.~ ~r 1S1' ' ~~ ~~-. ).:>, ~ :t- Attest by William G. Berg, CIty Clerk ri';>illfi~JNr( , ~" :....--- ft/taBu H . , Approved By City Council On: STATE OF IDAHO, ) ss. County of Ada ) r) (\0\ "YYt t ~ On this ~f-- day of Cv\C '0 , 2007, 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) ....... ...o..t{..s~.... ~. , ~AJl .. . ,~O ~ . . 4IllI::i \ · . , \ . . , . . . . , . . ' , . \ I . · \ ~, ' o. .. '.. IJrYa\ :\.~':~. .b;....y...I.?~d\~. . .q 'ttb dIl \.~ ..!6 u.:... ... 3VLcu\ ~Srv\A---\t 0 NOTARY PUBLIC FOR IDAHO Residing at: '-'Y''('0._ \J()~ I ~) (~ Commission Expires: , C) -~ (~ - , \ Sewer Main Easement rev.doc Temp-EASMJ ~WR- 1\ page...:J:-oL...L..- FOX Land Surveys, Inc. 4696 Overland Rd. STE 162 A Boise Idaho A 83705 A 208-342-7957 il208-342-7437 FAX TEMPORARY SANITARY SEWER PUMP ST A liON DESCRIPTION A PORTION OF THE NORTH % OF THE SOUTHEAST Y4, SECTION 30, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO A portion of the North % of the Southeast %, Section 30, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows; Commencing at a found 5/8 inch rebar with no cap (set a plastic cap stamped "FLSI PLS 7612" marking the South 1/16th Corner common to Sections 29 and 30, from which a found 5/8 inch rebar with plastic cap stamped "BRIGGS PLS 4998" marking the % Corner common to said Sections bears North 00030'07" West, a distance of 1 ,326.13 feet; thence North 75051 '59" West, a distance of 282.38 feet to the beginning of a non-tangent curve to the left, the TRUE POINT OF BEGINNING; thence along said non-tangent curve to the left having a length of 17.36 feet, a radius of 115.00 feet, a central angle of 8039'01", tangents of 8.70 feet, and a long chord which bears South 85010'27" West, a distance of 17.35 feet to a point of tangency; thence South 80050'56" West, a distance of 32.31 feet to the beginning of a curve to the rig ht; thence along said curve to the right having a length of 16.27 feet1 a radius of 85.00 feet, a central angle of 10058'06", tangents of 8.16 feet, and a long chord which bears South 86019'59" West, a distance of 16.25 feet to the beginning of a compound curve; thence along said compound curve to the right having a length of 67.97 feet, a radius of 969.00 feet, a central angle of 4001'08", tangents of 34.00 feet, and a long chord which bears North 8601 0'24" West, a distance of 67.95 feet to a point of tangency; thence North 84009'50" West, a distance of 93.30 feet to the beginning of a curve to the left; thence along said curve to the left having a length of 38.47 feet, a radius of 1,031.00 feet, a central angle of 2008'16", tangents of 19.24 feet, and a long chord which bears North 85013'58" West, a distance of 38.46 feet to a point; thence North 00000'00" East, a distance of 13.20 feet to a point; thence South 90000'00" East, a distance of 63.29 feet to a point; thence North 00000'00" East, a distance of 5.57 feet to a point; thence South 90000'00" East, a distance of 103.66 feet to a point; thence North 00000'00" East, a distance of 5.86 feet to a point; thence South 90000'00" East, a distance of 28.78 feet to a point; p~ thence South 00000'00" West, a distance of 8.78 feet to a point; thence South 90000'00" East, a distance of 12.83 feet to a point; thence South 00000'00" West, a distance of 1.50 feet to a point; thence South 90000'00" East, a distance of 55.77 feet to a point; thence South 00000'00" West, a distance of 23.94 feet to the TRUE POINT OF BEGINNING. Containing 7,212 square feet (0.165 acres), more or less. Refer to the attached "Temporary Sanitary Sewer Pump Station Description" sketch. Fox Land Surveys, Inc. Timothy J. Fox, President, PLS 7612 END OF DESCRIPTION TJF:taj W :\PROJECTS\2005\05-028.PRJ\PROJECT\DESCRIPTIONS\528LIFTDESC.DOC page~ 0) :f~ o ~ ~ VI ""'- I ~ I I€ ~ -9l€ ~ M uLOIO€oOO N ~~ ~~ Z<~ <~Z OO~~ ~S~ ~~~ O~~ ~~ ~~ ~~ ~(/J 8 (\') 8~ ~ ill 0_ o~ S oeo :: flN o o~ Ooom Of'...(f.) pro o o (fJ ill c_ oo::> o........w o' o eo_ aNa 0'> 0 - - <0 U) OOC) o . o lC) o o Z / > \.J h~ / ~~ s a ---- :: S Cl C!> {l]/ Co S ~~ ~ !o/~ o ~P:: I. !f> C'V o " . " .......... 1 ...... g NI' a <:/ if) s (0- ? W?-"'''' "'. N ~ ~ g - 0 1_ "',,~ """1. 0 0 (Y) - 00........ '-~,. co ? ~ g I ": ~''''" "\ Cf) g ol~ ~ ''''", Cf) ~I <::' ~ '''-, ...1..- " " " CD '-, '-', "'-. "'.{) '. ~ " " ......, ,,', ~ ~."'~~'-~ "',I ,,-,~ ", '-"'-, ""."., ". . '<\~>I ~ '",- '" ", '. T"- I'" ~.' ',,,, '1 u '" '",- '",- 1 - r',-. "" '-" ", CD '" ~ ". 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