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Easement Agreement with City of Meridian for Ashford Greens No. 1•' ~- a?008`30 ~- ,.,.-, ., __ ,.. ._ ~ ., v ~ J . J 4'.. /,~ ~~%~~~~l~ ~ ' 07 FE8 8 ~~ , 5 EASEMENT AGREEMENT - ~~_ B, . - - ~` zero The undersigned Grantor(s) for and in consideration of Dollars ($ 0.00 )and other good and valuable consideration; the receipt whereof is hereby acknowledged, do hereby grant and convey unto the PUBLIC, hereinafter referred to as "Grantee"> its successors, assigns, lessees, licensees and agents a perpetual easement to construct, reconstruct, modify, change, add to, operate, maintain and remove such public utilities, landscape and irrigation facilities and appurtenances, from time to time as Grantee may. require upon, over, under and across the following described land situated in the County of Ada, State of Idaho, which the Grantor owns or in which the Grantor has any interest, to wit: "SEE EXIIIBIT A, CONSISTING OF TWO (2) EASEMENT LOCATION DRAWII~iGS AND LEGAL DESCRIPTIONS FOR UTILTTY EASEMENTS "A" THROUGH "F", ATTACHED HERTO AND BY THIS REFERENCE MADE A PART HEREOF." Grantor further conveys to Grantee the following incidental rights: (1) A temporary right-of-way to be used during all periods of construction, reconstruction, reinforcement, repair and removal upon a strip of land 10 feet wide on either side of said easement. (2) The right of ingress and egress over and across the lands of Grantor to and from the above- described property and the right to clear and keep cleared all trees and other obstructions as may be necessary for the Grantee's use and enjoyment of the easement area. Grantee shall indemnify Grantor for all damage caused to Grantor as a result of Grantee's negligent exercise of the rights and privileges herein granted. Grantee shall have no responsibility for pre-existing environmental contamination or liabilities. Grantor reserves the right to occupy, use and cultivate said easement for all purposes not inconsistent with the rights herein granted Grantor convents that he/she/they is/are the fee simple owner of said land or in which the Grantor has any interest and will warrant and defend title to the land against all claims. Grantor hereby convenants that no excavation, building, structure or obstruction will. be constructed, erected, built or permitted on said easement area and no change will be made by grading or otherwise to the surface or subsurface of the easement area or to the ground immediately adjacent to the easement area. The rights, conditions and provisions of this easement shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the respective parties hereto. Any claim controversy or dispute arising out of this Agreement shall be settled by arbitration in accordance with the applicable rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in the county where the property is located Dated this 21st day of January . 19 ~ 97 Grantor City of Meridian (Official name of companY~~g~'~~~~ Grantor Grantor (Individual Acknowledgment) STATE OF IDAHO ) ss COUNTY OF ADA ) On this day of 19 _, before me Notary Public, personally appeared ,known or identified to me (or proved to me on oath of ), to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she/they executed the same (SEAL) [ts~ Mayo' Atteste~ approved .~ ~, ~ .Q. ~2,~~ - 1 - 9 7 STATE OF IDAH~1''iyj~~I+r'{r`! uka``~~~```` ) ss COUNTY OF ADA ) On this ~ ~ day of wr , 19 ~, before me, Notary Public, personally appeared "TZ o~b e r-4~ l~ , Co t-r 1 r > known or identified to me (or proved to me on oath of ), to be the ~a ~•-,~ o ~ M er ~ d ~ ~. of the corporation that executed the instrument on behalf of said corporation, and acknowledged to me that such corporatio~~~d the same. ~.~`'G E L . G ~•. ~~P~~pT A Ip Y ~`l+ (.*~~o ~G ~*_ Notary Public My commission expires: My~-' ~pl'~s: 68 0 I i ~ ~~ ~'o Np N~~ N .\ I\ b 1 Q X , W - ~ - -~ao 3Nr~ Noow .~ -~~. ~~ ! ' ~~~ ' °~ ~~~°blF~l JAN-09-1997 14~?3 NUBBLE ENGINEERING 1 208 378.0329 P.02i08 • ~ 7RN-09-1997 14 23 RUBBLE ENGINEERING 1 209 378 0329 P.03~06 ~: HU~gLE ENGINEERING, INC. ` )y 9550 Bethel Court ^ Boise, Idaho 83709 208/322.8992 • Fax 208!378-0329 Project No. 9308201 January 8, 1997 DESCRIPTION FOR UTILITY EASEMENT "A" ASHFORD GREENS A utility easement located in the SW1/4 of the NW1/4 of Section 3. T.3N., R.1W., B.M., Meridian, Ada County Idaho, mare particularly described as follows: Commencing at a brass cap monument marking the W1/4 of said Section 3 from which the NW corner of said Section 3 bears North 00°38'27" East, 2697.49 feet; thence along the West boundary line of said Section 3 North 00°38'27" East, 308.93 feet; thence leaving said West boundary line South 89°21'33" East, 404.91 feet to a point on a curve to the right, said point also being the REAL POINT OF BEGINNING; thence along said curve 46.54 feet, said curve having a radius of 250.00 feet, a central angle of 10°38'x6" and a Long chord of 46.39 feet which bears South 49°22'43" East to the point of tangency; thence South 44°03'20" East, 136.41 feet; thence South 08°18'10" East, 17.11 feet; thence North 44°03'20" West, 150.29 feet to the beginning of a curve to the left; thence along said curve 38.86 feet, said curve having a radius of 240.00 feet, a central angle of 9°16'41" and a long chard of 38.82 feet which bears North 48°41'41" West; thence leaving said curve North 05°39'31" East, 11.58 feet to the Rea! point of Beginning, containing 1860 square feet, more or less. Prepared by: NUBBLE ENGINEEF~iNG, INC. GGC/vw11144.des ~'7~ 29 ' ~+ ~~~rl ~ j9 *° . 9 !~ pf 10 Gregory G. Carter, P.L.S. JaN-09-1997 14 24 RUBBLE ENGINEE.~"'..ING 1 208 378 0329 P.04i08 `~ HU66LE ENGfNEER1NG, INC, y 9550 Bethel Court ^ Boise, Idaho 83709 2081322.8992 ^ Pax 2x81378.0329• Project No. 9308201 DESCRIPTIQN FOR UTILITY EASEMENT "B" ASHFORD GREEN5 January 8, 1997 A util'~ty easement located in the SW1/4 of the NW1/4 of Section 3, T.3N., R.1W., B.M., Meridian, Ada County Idaho, more particularly described as follows: . Commencing at a brass cap monument marking the W1/4 of said Section 3 from which the NW corner of said Section 3 bears North 00°38'27" East, 2697.49 feet; thence along the West boundary line of said Section 3 North 00°38'27" East, 935.92 feet; thence leaving said West boundary line South 89°21'33" East, 923.94 feet #o the REAL PO1NT OF BEGINNING; thence North 51°14'15" East, 10.00 feet; thence South 38°45'45" East, 39.00 feet to the beginning of a curve to the right; thence along said curve 161.46 feet, said curve having a radius of 235.00 feet, a central angle of 39°22'00" and a long chord of 158.31 feet which bears South 19°04'45" East to the point of tangency; thence South OQ°36'15" West, 5.00 feet; #hence North 89°23'45" West, 10.00 feet; thence North 00°36'15" East, 5.00 feet to the beginning of a curve to the left; thence along said curve 154.59 feet, said curve having a radius of 225.00 feet, a central angle of 39°22'00" and a long chord of 151.57 feet which bears North 19°04'45" West to the point of tangency; thence North 38°45'45" West, 39.00 feet to the Real Point of Beginning, containing 2020 square feet, more or less. Prepared by: RUBBLE ENGIp(,~ftRING, INC. X29 9Iq~-~o OF ~p'~ 'G.CP GGC/vw11146.des ,Gregory G. Carter, P.L.S. JRN-09-1997 14 25 NUBBLE ENGINEERING 1 208 378 0329 P.05i08 " "`~ HUB~LE ENGINEERING, INC. ti 8550 Bethel Court ^ Boise, Idaho 83709 208/322~899Z ^ Fax 2081378-0329• Project No. 9308201 January 9, 1997 DESCRIPTION FOR UTILITY EASEMENT "C" ASHFORD GREENS A utility easement located in Government Lot 4 of Section 3, T.3N., R.1W., B.M., Meridian, Ada County Idaho, more particularly described as follows: Commencing of a brass cap monument marking the W1/4 of said Section 3 from which the NW corner of said Section 3 bears North 00°38'27" East, 2697.49 feet; thence along the West boundary line of said Section 3 North 00°38'27" East, 1768.69 feet; thence leaving said West boundary line South 89°23'04" East, 770.73 feet to the REAL POINT OF Bf:Q~INNIN(3; thence continuing South 89°23'04" East, 10.00 feet; thence South 00°3fi'56" West, 30.00 feet; thence North 89°23'04" West, 10.00 feet; thence North 00°36'56" East, 30.00 feet to the Reat Point of Beginning, containing 300 square feet more or Less. Prepared by: NUBBLE EN GGClvw/1147.des NG, INC. Gregory G. Carter, P.L.S. JAN-09-1997 14 25 NUBBLE ENuINEERINu 1 208 378 0329 P.06~08 "' ~`~ NUBBLE ENGINEERING, INC. A 9550 Bethel Court ^ Boise, Idaho 83709 2081322$992 ~ Fax 2081378-0329 Project No. 9308201 DESCRIPTION FOR UTILITY EASEMENT "D" ASHFORD GREENS January 9, 1887 A utility easement located in Government Lat 4 of Section 3, T.3N., R.1W., B.M., Meridian, Ada County Idaho, more particularly described as follows: Commencing at a brass cap monument marking the W114 of said Section 3 from which the NW corner of said Section 3 bears North QO°38'27" East, 2697.49 feot; thence along the West boundary line of said Section 3 North 00°38'27" East, 1768.69 feet; thence ieaving said West boundary line South 89°23'04" East, 685.73 feet to the REAL POINT OF BEGINNING; thence continuing South 89°23'04" East, 10.00 feet; thence South 00°36'56" West, 30.00 feet; thence North 89°23'04" West, 10.00 feet; thence North 00°36'56" East. 30.00 feet to the Real Point of Beginning, containing 300 square feet, more or less. Prepared by: RUBBLE ENGII~E,r[~ING, iNC. -~~~ ay~S Q. GGC/vw11148.des Gregory G. Carter, P.L.S. ,~ ~~- JAN-09-1997 14~2r+ RUBBLE ENGINEERING 1 208 373 0329 P.07i0B ~~' HUB61»E ENGINEERING, INC. Ay 9560 Bethel Court • Boise, Idaho 83709 208!322.8992 ^ Fax 2081378-0328 Project No. 9308201 DESCRIPTION FOR UTILITY EASEMENT "E" asHFORD GREENS January 9, 1997 A utility easement located in Government Lot 4 of Section 3, T,3N., R.1W., B.M., Meridian, Ada County Idaho, more particularly described as follows: Gommencing at a brass cap monument marking the W1l4 of said Section 3 from which the NW comer of said Section 3 bears North 00°38'2T' East, 2697.49 feet; thence along the West boundary line of said Section 3 North 00°38'27" East, 1768.69 feet; thence leaving said West boundary line South 89°23'04" East, 625.73 feet to the REAL POINT OF BEGINNING; thence continuing South $9°23'04" East, 10.00 feet; thence South 00°36'56" West, 30.00 fact; thence North 89°23'04" West, 10.00 feet; thence North 00°36'56" East, 30.00 feet to the Real Point of Beginning, containing 300 square feet, more or less. Prepared by' NUBBLE ENGINEERING, INC. GGC/vw/1149.des Gregory G. Carter, P.L.S. ' JAN-09-1997 14 26 ., ~ ,; RUBBLE ENGINEERING 1 208 378 0329 P.08i0B '~~ `~ RUBBLE ENGINEERING, INC. . l~_ y 95'50 Beihel Court • Boise, Idaho 837Q9 20813228892 ^ Fax 2081378-0329 Project Nv. 930!3201 January 9, 1997 DESCRIPTION FOR UTiUTY EASEMENT "F ASHFORfl GREENS A utility easement located in Government Lot 4 of Section 3, T.3N., R.1W., B.M., Meridian, Ada County Idaho, more particularly described as follows: Commencing at a brass cap monument marking the W1I4 of said Section 3 from which the NW corner of said Section 3 bears North 00°38'27" East, 2ti97.49 feet; feet; thence along the West boundary line of said Section 3 North 00°38'2T' East, 1768.89 thence leaving said West boundary line South t39°23'04" East, 521.31 feet to the REAL POINT OF BEGINNING; thence continuing South 89°23'04" East, 10.00 feet; thence South 00°36'56" West, 30.00 feet; thence North 89°23'04" West, 10.00 fleet; thence North 00°36'56" East, 30.00 feet to the Real Paint of Beginning, containing 300 square feet, more or less. Prepared by' NUBBLE ENGINEERING, INC. GGClvw11150.des Gregory G. Carter, P.L.S. rora~ r~. as