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Grant of Easement with Max A. Boesiger, Inc. for Vineyards Sub. No. 5GRANT OF EASEMENT FOR VALUE RECEIVED, MAx A BOESIGER INC ,GRANTOR, hereby grants, bargains, sells, conveys, and transfers unto CITY OF MERIDIAN, a municipal corporation, GRANTEE, ks successors and assigns, a permanent easement and right-of-way for the purpose of locating, establishing, constructing, maintaining, repairing and operating underground sewer lines and mains together with the right to excavate and refill ditches and/or trenches for the location of said sewer lines or mains, the right to remove bushes, trees, undergrowth and other obstructions interfering with the location, construction and maintenance of said sewer lines and mains and the right of ingress and egress in, from, to and over said easement for the purpose of inspecting, maintaining and repairing such sewer mains and lines. In consideration of granting this easement and right-of-way, the GRANTOR has the right to connect to said sewer line when development of GRANTOR'S property occurs. The perpetual easement and right-of-way hereby given, conveyed and transferred for maintaining, repairing and operating underground sewer lines and mains is described in general language as follows: A 20 FOOT WIDE EASEMENT LOCATED IN THE NW 1/4 OFTHE NE 1/4 OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 11, T.3 N., R.1 W., B.M., THENCE S 89°33'47" E 53.00 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 11; THENCE S 00°35'48" W 213.75 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 74°40'00" E 149.63 FEET TO A POINT; THENCE S 89°35'00" E 478.61 FEET TO A POINT; THENCE S 00°30'00" W 160.37 FEET TO A POINT; THENCE S 33°30'00" E 166.85 FEET TO A POINT ON THE WESTERLY BOUNDARY OF PROPOSED VINEYARDS SUBDIVISION NO. 1; THENCE S 47°1 T00" W 20.26 FEET ALONG SAID BOUNDARY TO A POINT; THENCE N 33°30'00" W 176.21 FEET TO A POINT; THENCE N 00°30'00" E 146.45 FEET TO A POINT; THENCE N 89°35'00" W 455.81 FEET TO A POINT; THENCE S 74°40'00" W 152.57 FEET TO A POINT; THENCE N 00°35'48" E 20.80 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. TO HAVE AND TO HOLD the said perpetual easement, right, and rights-of-way to City of Meridian City, its successors and assigns forever, except the GRANTOR reserves the right to occupy, use and cuRivate the surtace of said easement for all purposes not inconsistent with the rights herein granted. Further, the GRANTEE agrees and covenants wkh the GRANTOR to restore the subsurface and surtace of the easemeMS and rights-of-way herein granted and conveyed, to a like condition existing prior to the grant of this easement and right-of-way and to indemnify and save and hold harmless GRANTOR from any and all losses, claims, actions or judgments for damages or injuries to persons or property arising out of or from, or caused by, the construction, operating, maintenance and use of the aforesaid easemeMS and rights-of-way. IN WITNESS WHEREOF day of ~, 1992. _ _ _ _ .~. - .. ~. , 1 4.. E ~) ~ _ the GRANTOR, has caused this instrument to be subscribed this ~~ Grantor: MAX A. BOESIGER, INC. Richard Boesiger, Vice President s~j3/qz 91-1004_ __ _.. ___ _.- - -- _.. STATE OF IDAHO ) ss. COUNTY OF~}cIC~ ) ON THIS ~ day of ,,~~1/~~ 1992, before me a notary public in and for said State, personaly appeared Richam Boesiae~' ,whose signature is written on the above document. IN WITNESS WHEREOF, I have hereunto set my hand and affaed by official seal the day the day and year first above written. ~~~yykr,esi its k-rvo ~~~ ~A,~~''WeeoR'r'~.YFJ . ~ d ~~rUTAFr'°.~ ~-a ~ ~~ Jhhe nJr J~~ ~~~t P a2ask~~L.g // No ary ublic for Idaho My Notary Commission Expires ~~~93 Residing at B<i.T~ ,Idaho 911004 SANITARY SEWER EASEMENT FOR THE VINEYARDS SUBDI IN THE NW 1/4 OF THE NE 1/4 SECTION 11, T.3N., R.1 W. B.M. 1 °150' s N 1/4 ScCTON 1 W J iil z Z ~{?~o~z7 VISION J J. D,1~y, R(%~~~~ RECD":;=,. ~~, ~ ~~ '92 FliFlY 13 AFlI 9 D5 W. C1-FERRY LANE i hI \ I I I ~ ~ _ \ - ~ ~I I ~ .40NO1[A DRIVE / i~ ~ 40 ~ ` ~ I I i$'~.ai ~ I•Q ~' `' 152.5 I ~ I I oln ~°n I °~I I• e ~ ~ I ~/ ~ ~\~~ ~ I ~ / ` w~ `\e?~ I / ~ .~•~ 0 ~0~`% ~/ ~ ~~ ,I ~:G ~'C ,~ ~~ O N 0 m 7 N 0 z N } W z 5~ PREPARED BY BRIGGS ENGR.,INC. 5/1 2/92 April 19, 1994 Easement Holder: City of Meridian Department of Public Works The owners of the property known as The ~! arils #5 Subdivision, Max A i3oesiger, Inc., desire the easement holder to relinq sh their existing sanitary sewer easement, recorded as Instrument Number 9230627, 'thin the proposed Vineyards f15 Subdivision. Utility, drainage, irrigation and all necessary easement rightswill be provided by the owners on the final plat of The ~lneyards #5 Subdivision as required. Said relinquishment shall be efFedive upon the recording of this document. Signature by the easement holders is construed as approval to relinquish existing easements as stated above. ti~~# Gary D. , P. E. ¢`2 /, 94- city Engineer STATE OF IDAHO County of Ada ss. ~~f Meridian Easement Holder On this ZI day of A ril , in the year of 1 ~be~fo,,r~e~ me, theynde~rs,igarned Notary Public in and for said State, personally appean~~s.~X A. ~1"fK known or identified to me, to be the person whose name is subscribed to the foregang instrument, and acknowledged to me that he/she executed the same on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offiaal seal the day aad-near in this certificate first above written. of Idaho Residing at ~, Idaho My corrrnission expires y-?S-qy 931014 n ;i l ,,,,,Hlrp•b~e .. I l .j r r i~ `~~ ~. f l~~C~ ~n CLC ~ ~(~~ Z ~ A Yi ~') n Q ~. ~ a "e ~, REP,^' ~e, ~~ ~ ;" ~bnr, ~;,NN` JAI 1; i-~i. c : _ ?oa (,A~aD~ F,EL ...V ~ SUMMERFIELD Max A. Boesiger, Inc. ~. ~ ~ .~ WESTDIA~LE PARIS General Contractor 19t Developer APR 2 8 1~4 EAGLE POUrTE April 26, 1994 City of Meridian ATT: Bruce Freckleton 33 E. Idaho Street Meridian, ID 83642 Dear Bruce, .;, Enclosed please find the original of the recorded easement relinquishment for the sewer line in The Vineyards #5. We have kept a copy for our files. Sincerely, ,v-~~ Richard D. Boesiger Max A. Boesiger, Inc. raJz l ,VINEYARDS yl EAGLE POINTE 2447 S. VISTA BOISE, ID 83706 (208) 338.2001 FAX (208) 336-2387