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Sanitary Sewer and Water Main Easement with Kenai Partners, LLC for Resolution Subdivision;~A C(~~1R~TY f?~Ct?~~EfZ ,1 D."~,Vl~ °~~E'A~tt~ ~,,~.-, „ , ?_; . ,, 2001 FE 2 2 ~ ~~ I ~ 3 ~+ RECORDED- R~.'~~~T ~" AI{ERIDt~1N ~~ ~~;~-ia~oi~~9~ SANITARY SEWER LINE AND WATER MAIN EASEMENT THIS INDENTURE, made this Zy~day of ~ , 2001 ,between Kenai Partners LLC, the party of the first part, and hereinafter called the antor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantor desires to provide sanitary sewer line and water main rights-of--way across the premises and property hereinafter particularly bounded and described; and WI~REAS, the sanitary sewer line and water main aze to be provided 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 Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the rights-of--way for an easement for the operation and maintenance of sanitary sewer line and water main over and across the following described property: The easement hereby granted is for the purpose of construction and operation of sanitary sewer lines and water main 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 rights-of--way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees, or brush placed within the azea described in this easement. THE GRANTOR hereby covenants and agrees that he will not place or allow to be placed any permanent structures, large trees, or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR does hereby covenant with the Grantee that he is lawfully seized and possessed of the aforementioned and described tract of land, and that he has a good and lawful right to 0101/C3roves Temporary Sanitary Sewer and Water F,asements.doc convey said easement, and that he will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. That said easement shall be discontinued and ordinary use shall revert back to the underlying owner, in the event that the described property is properly constructed and completed in accordance with Ada County Highway District Standard Specifications and accepted as a public street through recordation of a final plat. IN WITNESS WI~REOF, the said party of the first part has hereunto subscribed his signature the day and year first hereinabove written. ~~~~~ Craig oves, Managing Partner Kenai Partners LLC 6223 North Discovery Way, Suite 100 Boise, Idaho 83713 ACKNOWLEGMENT: STATE OF IDAHO ) ss. County of Ada ) ~:F. .. i~~ ~~ ~, ,.~ ~. • i - ~ ci ,,, .~,~~,. On this ~ day of , 20 0 1 ,before me, the undersigned, a Notary Public in and for said State, personally appeared Craig Groves. Managing Partner of Kenai Partners LLC, known or identified to me to be the person who executed the within instrument, and acknowledged to me that said limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. State of Idaho Residing at: My Commi: 0101/Groves Temporary Sanitary Sewer and Water Fasements.doc CITY OF MERIDIAN ACCEPTANCE: Robert D. Corrie, Mayor ~; ~~ YiYJe~ ,~;'~ ~~ `~~ ~~ - vb -~v ~ f ~r dCP~i'.dQ'FS- Attest By William G. Berg, ity Clerk Date Approved by City Council 0101/groves Temporary Sanitary Sewer and Water Easements.doc EXHIBIT A A temporary sewer and water easement located in a portion of the NE '/. of Section 20, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows and as shown on Exhibit "B": Line "A" Commencing at the northwest corner of the NE'/< (North'/a Corner) of Section 20, T.3N., R lE., B.M., thence S 00°24'16" W 25.00 feet along the west line of said NE '/< to a point on the southerly right-of--way line of E. Overland Road, the BEGINNING POINT of this description of Line "A"; Thence S 00°24' 16" W 23.00 feet to an angle point; Thence S 89°52' 19" E 25.00 feet to an angle point; Thence N 00°24' 16" E 23.00 feet to an angle point on said southerly right-of--way line; Thence N 89°52' 19" W 25.00 feet along said southerly right-of--way line to the END POINT of Line "A". Line "B" Commencing at the northwest corner of the NE'/a (North'/4 Corner) of Section 20, T.3N., R. lE., B.M., thence S 00°24'16" W 409.52 feet along the west line of said NE '/a, also being the easterly boundary line of Resolution Subdivision No. 1, the BEGINNING POINT of this description of Line "B"; Thence S 89°35'44" E 15.00 feet to an angle point; Thence S 00°24' 16" W 15.00 feet to an angle point; Thence N 89°35'44" W 15.00 feet to an angle point on said easterly boundary line; Thence N 00°24' 16" E 15.00 feet along said easterly boundary line to the END POINT of Line "B". Line "C" Commencing at the northwest corner of the NE'/4 (North'/4 Corner) of Section 20, T.3N., R lE., B.M., thence S 00°24'16" W 394.52 feet along the west line of said NE '/a, also being the easterly boundary line of Resolution Subdivision No. 1, the BEGINNING POINT of this description of Line "C"; 0101/EXHIBIT A.doc Thence S 89°35'44" E 15.00 feet to an angle point; Thence S 00°24' 16" W 15.00 feet to an angle point; Thence N 89°35'44" W 15.00 feet to an angle point on said easterly boundary line; Thence N 00°24' 16" E 15.00 feet along said easterly boundary line to the END POINT of Line «C~, Michael E. Marks, P.L.S. No. 4998 0101/EXHIBPr A.doc ~ IR~W /lonwnd-t~ ro Te% Risei _ _~ - _ _=_ _=_ =~i~7v=~ - - - __=~=_ _ _=~zw_ _= = =_ ------------- -w Exist. EP ---1--------- 20• found S~Pm W. ONERI.AND RQAD ~- ~ - ------------------------------- \~- r ----oHP---- ---OHP--------.~------ -'--~P~=FCC--_ ---FOC--- -~r~r ~r ewe -~-..r - la'ss ~-LINE "A" ~:;~ ~~ s 4"PIRR LOT i e~oac s I I I I I I I I i qHy ~ I WW ~ ~ I ~•O ~~ I I I 0 w g a z LINE "C" LINE "B" E GALA STREET LOT 1 ikOCK 1 REVISION SHEET ~ OF 1 aY: RESOLUTION SUBDIVISION N0. i OFF-SITE SANITARY SEWER LINE ANO WATER MAIN EASEMENTS IN THE NE 1 /4 OF SECTION 20. TOWNSHIP 3 NORTH. RANGE 1 EAST EXHIBIT B DWG DATE: DWG N0. SCALE: EXHIBIT9.dw mnm G1~26~~1 ~~ O~O~ '•-~• ~~ ~ r=YY BRIGGS ENGINEERING, INC. BRIGS ENGINEERS PUWNERS SURVEYr7RS 1800 W. OYEPoJiNO ROAD • 801SE, IDIWO 83705 • (208)344-9700 TFteu drowinga, or any portion tMaraof, sholl not be used on any Project or eztenaions of this Project ezeept by written ogreement from Briggs Engineering, Ine.