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Sanitary Sewer and Water Main Easement with Meridian Medical Plaza, LLC for Gardner Ahlquist~, 'i .. ADA COUNTY'RECORDER J. DAVID NAVARRO AMOUNT 48.00 i6 BOISE IDAHO 01/15/08 02:10 PM DEPUTY Bonnie Oberbillig ILI I LII IL'LLI (I LILII LI I II II IIILLII III RECORDED-REQUEST OF 108005207 Timberline Suveying SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this day of ~_, 20~between ~~17d1~/~i{a~jl~~G~Q2~ ~~ ,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 ATTACHED EXHIBITS A and B) Q~ C,tMbc~~`F 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. 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 Sanitary Sewer and Water Main Easement easmt.s&w~m~ain.dloc - ~"°`~~~ 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: i ent Secretary STATE OF IDAHO ss County of Ada ) On this / ~`/k day of 17P,A.ef12'~A.~ , 20 07, before me, the unde si ned, a Notary Public in and for said State, personally appeared s~ ~f/ld~~' l~i/g~s~~ 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 ~f~;,~iisye hereunto set my hand and affixed my official seal the day and year fist ~- i e . p~'•. ,~~ QT AR ,Y ~~~ .~ i pu~y~G NO A Y PUB IC FOR IDAHO J, •t~ Residing at: ,~fBj h . ~r ~ D~~~ 83~i~ ~•! pa np ~a~ Commission Expires: i/ D~ Zoa GRANTEE: CITY OF MERIDIAN Sanitary Sewer and Water Main Easement easmt.s&w main.doc page`~o* i~_~v___ Tammy de W ~'/~ Attest by William G. Approved By City Council On: STATE OF IDAHO, ) ss. County of Ada ) \\`11(11~111111111//////`/ .~ ~+" ~~/ i~ ~~ ~ ~ ~ ,~~ TF~ ~~~~, - 9 ~~ Clei~,'~p~ t tg~ .~ ~ `1~0 0 On this $~ day of ~Qfl uD-h-~,~- , 20~~, 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. • ~ Cs~E11~ ••. .•' ~ ~---~~ (SEAL) ~~;~p,g y '-, •~ NOTARY PUBLIC FOR IDAHO : ,, ~~ ~ ~, Residing at: (~d,~,r~~,~ , l6~ ~H ~ z '; ~ Commission Expires: iU-11-I 1 p . ,~. • 1 , 1 V ~ ti • Q: ~. 3~O~J~- Sanitary Sewer and Water Main Easement easmt.s&w main.doc ~~//~ yy t~ Cri+ ~ 4r+ W ~++ N ~i ~ ~++ O ~ O ~ OD ~V V ~ O~ ~ CJI ~i .P {V W ~ .~i ~ ~ O ~ cp ~ GD ~ V ~ Of ~ Cn ~ a- ~ W ~ N ~ ~ ~ O r ~D rr W r V r or r CT r ~ rr W rr N r ~' C m N V W ~ W O~ -+ O W O~ V (r N O V C/~ -• W tp -- ~ W 41 N 0 W W CII ~I W W N O UI N OD 00 V ~ O~ V CD N C OD N OO N O N D O C)I N Ut N O C1~ ~ ~ O Z C IZ*1 W W W O, W ~ O ~ OOD V ~ O~i O CW11 O W O N ON7 ~ OND ~ O ~ ~ O pp . 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NAPofPA LEGAL DESCRIPTION FOR WATER AND SEWER EASEMENT "A" A Easement located in the Northwest 1/4 of Section 16, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho. Being further described as follows: BASIS OF BEARINGS: The West line of the Northwest 1 /4 of Section 16, Township 3 North, Range 1 East, Boise Meridian, taken as North 00°20'34" West and distance between monuments found to be 2653.01 feet. Begiruling at a point from which the Northwest Section corner of said Section 16 bears North 55 29'47" West a distance of 310.50 feet. thence South 74°23'34" East a distance of 20.06 feet; thence South 11 ° 16'40" West a distance of 24.34 feet; thence South 00°01'40" West a distance of 1.16 feet; thence South 89°58'20" East a distance of 15.68 feet; thence South 00°01'40" West a distance of 20.00 feet; thence North 89°58'20" West a distance of 15.68 feet; thence South 00°01'40" West a distance of 52.38 feet; thence South 89°59'50" East a distance of 28.43 feet; thence South 00°00'10" West a distance of 20.00 feet; thence North 89°59'50" West a distance of 28.44 feet; thence South 00°01'40" West a distance of 124.49 feet; thence South 89°58'20" East a distance of 18.61 feet; thence South 00°01'40" West a distance of 20.00 feet; thence North 89°58'20" West a distance of 18.61 feet; thence South 00°01'40" West a distance of 67.28 feet; thence South 22°28'20" East a distance of 74.43 feet; thence South 89°59'50" East a distance of 88.28 feet; thence South 00°00'10" West a distance of 52.92 feet; thence South 89°41'07" West a distance of 20.00 feet; thence North 00°00'10" East a distance of 33.03 feet; thence North 89°59'50" West a distance of 57.30 feet; thence South 00°20'23" East a distance of 33.35 feet; thence South 89°41'07" West a distance of 20.00 feet; thence North 00°20'23" West a distance of 33.46 feet; thence North 89°59'50" West a distance of 4.34 feet; thence North 22°28'20" West a distance of 91.77 feet; thence North 00°01'40" East a distance of 13.68 feet; thence North 89°58'20" West a distance of 75.24 feet; thence North 00°01'40" East a distance of 20.00 feet; thence South 89°58'20" East a distance of 75.24 feet; -1- U:\TS-SUBS\Gardner Ahlquist Meridian Gateway\Correspondence\Deeds, Legals, & Exhibits\Legals & Exhibits\Water Easement Legals 092507mjc\LEGAL DESCRIPTION FOR A.doc thence North 00°01'40" East a distance of 232.65 feet; thence North 89°58'20" West a distance of 36.03 feet; thence North 00°01'40" East a distance of 10.00 feet; thence South 89°58'20" East a distance of 36.03 feet; thence North 00°01'40" East a distance of 34.93 feet; thence North 11 ° 16'40" East a distance of 27.83 feet; to the POINT OF BEGINNING. Said Parcel containing 14,691 square feet or 0.34 acres, more or less and is subject to all existing easements and rights-of--ways of record or implied. END OF DESCRIPTION Kenneth H. Cook, P.L.S. 9895 Timberline Surveying 847 Park Centre Way, Suite 1 Nampa, Idaho 83651 (208) 465-5687 -2- U:\TS-SUBS\Gardner Ahlquist Meridian Gateway\Correspondence\Deeds, Legals, & Exhibits\Legals & Exhibits\Water Easement Legals 092507mjc\LEGAL DESCRIPTION FOR A.doc ~~, r „ 0 ~ ~„ r- (.,•l 00 ~ W ~! r- C,J O r- W C.Tt N N CJl 00 O O N ~ O O ~I ~ O O ~ O z cn c~ cn 0 0 00 00 O O co co o ~ a o 0 o cn cn 0 o co co ~ ~ v~ v~ 0 0 0 0 rT-i ~ r-r-i r-r- OWNER/DEVP10PFli: L38 z ,- I ~I D ~Ir~r C~ Ui~~IW ~I VI I~ ~I ~ ~V -P ~ /~ w W) ~ ~~ ~_ ~r ~ ~rn L~ L37 z ~ . 0D o~ N ~ ~O ~i C.3~ N O ~I (~.I ~~ ~~~~~~~ n ao cn .~ N n n ~o ~N ~a~ o~ .o N (J1 O W I~ ~. TDvIBERLINE SURVEYING 847 PARK @lTRP WAY SUICE 7. NAMPA LEGAL DESCRIPTION FOR WATER AND SEWER EASEMENT "B" A Easement located in the Northwest 1/4 of Section 16, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho. Being further described as follows: BASIS OF BEARINGS: The West line of the Northwest 1/4 of Section 16, Township 3 North, Range 1 East, Boise Meridian, taken as North 00°20'34" West and distance between monuments found to be 2653.01 feet. Beginning at a point from which the Northwest Section corner of said Section 16 bears North 55°24'30" West a distance of 310.70 feet. thence North 11 ° 16'40" East a distance of 0.52 feet; thence South 74°23'34" East a distance of 59.42 feet; thence North 00°20'34" West a distance of 15.47 feet; . thence South 89°59'50" East a distance of 52.74 feet; thence South 00°00'10" West a distance of 20.00 feet; thence North 89°59'50" West a distance of 194.38 feet; thence North 00°00' 10" East a distance of 20.00 feet; thence South 89°59'50" East a distance of 84.40 feet to the POINT OF BEGINNING. Said Parcel containing 3,460 square feet or 0.08 acres, more or less and is subject to all existing easements and rights-of--ways of record or implied. END OF DESCRIPTION Kenneth H. Cook, P.L.S. 9895 Timberline Surveying 847 Park Centre Way, Suite 3 Nampa, Idaho 83651 (208) 465-5687 -1- U:\TS-SUBS\Gardner Ahlquist Meridian Gateway\Correspondence\Deeds, Legals, & Exhibits\Legals & Exhibits\Water Easement Legals 092507mjc\LEGAL DESCRIPTION FOR B.doc Page~o n ~/~~~~ ~ i~~ a m Am N R' ~ n ~~ U .C Iw 120' I 119.56' ~ "~ N00'41'28°E - 236.15' O L1°0, Z ~ ~ ~ ~ 'vii ° I I,i I ~~ 'cNa ~ z v V 0 ~ I C I ~~ w .p o ci ~ I -I t°n co ~/ vNiy r ~ ~ N ~, ca ~~ ~ ti ~~ ~~r~ ~' ~P O CA '': ~ ~ N ~ ~ ~ `p R'1 ~ ~ ,y . ~ ~" r'7' ~ ~ ~. ~ '~:. j O ~ Vi v ~~ co .p . .. Q'' ~ ' m ~~~///, ~ ~,~, ' :;W O J I o ~ ~7 ' ~ 5 a ~ ao~~ ~ co 00 w N I'Tl I o_ v~ WA'~'~~ ~S~]E' /~~j~~ ]~E/A~S]ElV~N~' OWNkR/DEVFI.OPFA: ~~S1L ~1-1 JL~ lYJLC~IL ~~.vF, TIIvIBERLINE [`~~~~'~~]][7'~~]'~~~ JOO N1,\IYFI4 GOFtlE .J{J~"~ j jjy~ nFSC~EO uw.ww rNFCe:Fn oFirv¢nv 847 PARK CENTRP WAY SUITE 7. NAMPA. are erg m'~ UAIh mAHO &16A 208-465-5667 ~~ ~ LEGAL DESCRIITION FOR Water and Sewer Easement "C" A Easement located in the Northwest 1/4 of Section 1/16, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho. Being further described as follows: BASIS OF BEARINGS: The West line of the Northwest 1/4 of Section 16, Township 3 North, Range 1 East, Boise Meridian, taken as North 00 20' 34" West and a distance between monuments found to be 2653.01 Beginning at a point from which the Northwest Section corner of said Section 16 bears North 83°23'25" West a distance of 679.85 feet. thence South 89'21'32" East a distance of 112.97 feet; thence North 45°39'49" East a distance of 14.05 feet; thence South 89'19'30" East a distance of 24.14 feet; thence South 00'41' 19" West a distance of 9.80 feet; thence South 45°39'49" West a distance of 14.29 feet; thence South 440'11" East a distance of 37.43 feet; thence South 4~41'S2" West a distance of 20.00 feet; thence North 44°20' 11" West a distance of 43.27 feet; thence North 89'20'11" West a distance of 118.67 feet; thence North 00'41'28" East a distance of 19.93 feet to the POINT OF BEGINNING. Said Parcel containing 3,788 square feet or 0.09 acres, more or less and is subject to all existing easements and rights-of--ways of record or implied. END OF DESCRIPTION Kenneth H. Cook, P.L.S. 9895 Timberline Surveying 847 Park Centre Way, Suite 3 Nampa, Idaho 83651 (208) 465-5687 Page IV 0 W N WNW 2 c~ o rn m NON O ~ OD ~ OD W N W _. ~p .. R1 1'~7 x v, /~~, r i n ~~ (/ a Cri'9 ~ MM W r m D ~ ~~~ ~~~ o ~~ tip. .,~~,. WATER EASEMENT L53 ~~ ~I I N 20' 119.56' N00°41.'28"E - 236.15' ~.~ r/r r»~'~I ~~c, 9 `~'o ~ o ~ FG'~ ~9 °oo~o~ ~~ ___. `! '~ /~ n O ~~ ~ .o C.J~ 0 w I° ~Tl~'~']E~ ~ ~]E~~ ~A~]Eli~N'~' ~,T, TIIvIBERLINE c]~(~~7 IOP. VAIFEW CAD FIIX SU~V1.111VG LEGAL DESCRIPTION FOR WATER AND SEWER "D" A Easement located in the Northwest 1/4 of Section 16, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho. Being further described as follows: BASIS OF BEARINGS: The West line of the Northwest 1/4 of Section 16, Township 3 North, Range 1 East, Boise Meridian, taken as North 00°20'34" West and distance between monuments found to be 2653.01 feet. Beginning at a point from which the Northwest Section corner of said Section 16 bears North 71 ° 52' S2" West a distance of 647.97 feet. thence South 00°41'28" West a distance of 20.00 feet; thence North 89°18'31" West a distance of 36.62 feet; thence North 00°41'29" East a distance of 20.00 feet; thence South 89°18'31" East a distance of 36.62 feet to the POINT OF BEGINNING. Said Parcel containing 732 square feet or 0.02 acres, more or less and is subject to all existing easements and rights-of--ways of record or implied. END OF DESCRIPTION Kenneth H. Cook, P.L.S. 9895 Timberline Surveying 847 Park Centre Way, Suite 3 Nampa, Idaho 83651 (208) 465-5687 U:\TS-SUBS\Gardner Ahlquist Meridian Gateway\Correspondence\Deeds, Legals, & Exhibits\Legals & Exhibits\Water Easement Legals 092507mjc\LEGAL DESCRIPTION FORD .doc - I - ~~e~o z 0 n Z o ~o ~ ~~ J O I N W '~ ~ ~ 0 N W O~\ N N rn ~ o N 00 ~ N O D -, ~ v z r 0 0 ~.m ~ ~ . ~ . . r ~~ m ~ O n ~ • ~ ~~ C'1 _ ~ w ~ o ~~ ~ o y 0 N W C.T1 ~~ W N 00°20'45" W - 197.40' -_ ~ N22° " ' ' ' 46 08h \F X2 45 E S00 20 - 193.61 1 c~',a o Qo /~'~ OWNER/D[\'II.OPIIi: ':. ,;, ;:;: ~11~~']E~ ~ ~]E~]E~ IEA~]El~[]El°~' ~~~]~L1~~ ~~ ~7-~~~ ~ 111vi1~I:i~L11 V is SURVEYING 847 PAAK GENTAE WAY SU 3. NAMP m..,,. ~,«. Pas~e® LEGAL DESCRIPTION FOR Water and Sewer Easement "E" A Easement located in the Northwest 1/4 of Section 1/16, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho. Being further described as follows: BASIS OF BEARINGS: The West line of the Northwest 1/4 of Section 16, Township 3 North, Range 1 East, Boise Meridian, taken as North 00 20' 34" West and a distance between monuments found to be 2653.01 Beginning at a point from which the Northwest Section corner of said Section 16 bears North 453' 14" West a distance of 998.54 feet. thence South 246'08" West a distance of 120.43 feet; thence South 0(P20'45" East a distance of 193.61 feet; thence North 89'28'29" West a distance of 20.00 feet; thence North 00'20'45" West a distance of 197.40 feet; thence North 246'08" East a distance of 121.07 feet; thence along a non tangent curve from a tangent which bears South 8CP52'43" East, along a curve to the right with a radius of 151.00 feet and a central angle of OT42'25" an arc length of 20.31 feet (with a chord bearing of South 77'01'31" East, and a chord distance of 20.30 feet) to the. POINT OF BEGINNING. Said Parcel containing 6,329 square feet or 0.15 acres, more or less and is subject to all existing easements and rights-of ways of record or implied. END OF DESCRIPTION Kenneth H. Cook, P.L.S. 9895 Timberline Surveying 847 Park Centre Way, Suite 3 Nampa, Idaho 83651 (208) 465-5687 Page I~ ~ Cn o ~ ° ~ ? V ~ c~ ~ cn ~ W N ~ O ~ Z m V ~ V W N N ~'~ O O V ~ Z N N Z m t°i~ rn rn . ° ~ ~ rn . ~ N ~ V w °o w ~ v°Di ~ -~ r m Z o Z po Z O V1 pp Z o N 0 Z 0D Cn 0 uI 00 ~ o Z 0D N 0 Z 00 CZ d tO, W CZ NO fO X O, 0 C 0 tC, ~ O, N O t0 W d O N O t0 W tG O N O fD CT N N N N ~ N W N W N O Z W7 z O ~ W ~ tC f*'I t0 ~ t0 R1 t0 Z W Rl V Z W Rl V 1~1 W RI Oi I'*1 G7 ~ L47 0 co - - ~ N N 00 O ( W - ~ m L46 I I I i ,- I ~ I ~ I °° ~D~ C7 ~ ~~ , u ~ /~~ ~ ~ - W ~'I ~"~~'~ "r t _:~ ~ ~ OWNER/DEVFI.OPER: I ~ I L51 I r~ ~ ~ L49 ~ L44 ~ _ 42 ;~~ r e~~~t ~,~ ~~ c~ WA'~'IEIE~ ~ ~]E~]E~ lEl-~~~11~N~' Y~~S~]L~1~' l~][~ n N ~ ~~ o ~ .O ~ .O N /V ~~ 0 o ~V v w ~ ~~ TIIvIBERLINE V SURVEYII~TG 847 PAAK ~fAE WAY SULIE 7. NAMPA. LEGAL DESCRIPTION FOR WATER AND SEWER EASEMENT "F" A Easement located in the Northwest 1/4 of Section 16, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho. Being further described as follows: BASIS OF BEARINGS: The West line of the Northwest 1/4 of Section 16, Township 3 North, Range 1 East, Boise Meridian, taken as North 00°20'34" West and distance between monuments found to be 2653.01 feet. Beginning at a point on from which the Northwest Section corner of said Section 16 bears North 28° 17' 13" West a distance of 783.85 feet. thence North 89°41'06" East a distance of 41.85 feet; thence South 00°20'23" East a distance of 7.59 feet; thence North 89°39'37" East a distance of 12.83 feet; thence South 00°20'23" East a distance of 20.00 feet; thence South 89°39'37" West a distance of 12.83 feet; thence South 00°20'23" East a distance of 108.17 feet; thence North 89°58'19" West a distance of 136.12 feet; thence South 00°01'29" East a distance of 32.26 feet; thence North 89°28'35" West a distance of 20.00 feet; thence North 00°01'29" West a distance of 52.09 feet; thence South 89°58'19" East a distance of 136.01 feet; thence North 00°20'23" West a distance of 87.86 feet; thence North 89°58'20" West a distance of 21.86 feet; thence North 00°18'53" West a distance of 27.65 feet to the POINT OF BEGINNING. Said Parcel containing 6,941 square feet or 0.16 acres, more or less and is subject to all existing easements and rights-of--ways of record or implied. END OF DESCRIPTION Kenneth H. Cook, P.L.S. 9895 Timberline Surveying 847 Park Centre Way, Suite 3 Nampa, Idaho 83651 (208) 465-5687 -I- U:\TS-SUBS\Gardner Ahlquist Meridian Gateway\Correspondence\Deeds, Legals, & Exhibits\Legals & Exhibits\Water Easement Legals 092507mjc\LEGAL DESCRIPTION FOR F .doc