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Sanitary Sewer Easement with Bews, E.L. and Shirley G. for Lochsa Falls Offsite 103058972ADA COUNTY RECORDER J. DAVID NAVARRO 5 BOISE IDAHO 04!09!03 11:21 AM DEPUTY Bonnie Oberbillig III IIIIIIIIIIIII'IIIIIII'IIIIIIIIIIII RECORDED-REQUEST OF Meridian City 1 ~~~~$~-~~ AMOUNT .00 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this ~ day of~~20 °3 between E.L. Bews & Shirley G. Bews , the parties ofthe first part, and hereinafter called the Grantors, and the City ofMeridian, 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) 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. Sanitary Sewer and Water Main Easement Page 1 EASMT.SW 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 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: Y E.L. Bews ,~/ , ~~~~ Shirley .Bews STATE OF IDAHO ) ss County of Ada ) On this ,~.~t.~ day of ~~Z~`'`'~'`" , 20 ° 3, before me, the undersigned, a Notary Public in and for said State, personally appeared ~~~p.u1~ and ~L~l u u ~~ ;; ,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 WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fi~I~a~btrc~~~tten. f.`' ~ ,.nnAn n., ~,A m A ~ ~~.[~ , !+~ d~ i ~. gy 4, ~ o t~~ v C': ~`~ ~i ~ ~ h~ ~~, e NOTARY PUBLIC FOR IDAHO ~~ ~ 5 ~ ~ c ~ e F~ ~ ~~ ~ e ; ~ ~ /~' Residing . ~ ~;~ _' ~ ' Y~ ~ : ; - Commission Expires: ~/~~1~- ., •: : ,. ,~~ ,Y VV Sanitary Sewer and`Water lvtam~~nent Page 2 EASMT.SW GRANTEE: CITY OF MERIDIAN o rt D. Corrie, Mayor 1`~.~`~G`,~~1 O~~~rO/-9,y'~.' ' \~o ~TFO ~~`'~- - REAL Attest by William G. Berg, City Clerk ~G o`~ ~f ~ -=~'- cwt ~~ , ~ P~O.`~~` Approved By City Council On: Sanitary Sewer and Water Main Easement Page 3 EASMT.SW DESCRIPTION FOR SANITARY SEWER EASEMENT PROPOSED BRIDGETOWER NORTH SUBDIVISION December 23, 2002 An easement for City of Meridian sanitary sewer, located in the SW % of Section 26, Township 4 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being a strip of land 50.00 feet in width, centered about the following described centerline: Commencing at the northwest corner of the SW'/4 (W % corner) of Section 26, T.4N., R.1W., B.M., thence S 00°20'43" W 173.09 feet along the west line of said SW'/4 to a point; thence S 89°39'17" E 25.00 feet to a point on the east right-of-way of N. Ten Mile Road, the REAL POINT OF BEGINNING of this easement centerline description; Thence continuing S 89°39'17" E 155.00 feet to a point of curvature; Thence along a curve to the right 85.13 feet, said curve having a radius of 300.00 feet, a delta angle of 16°15'28", tangents of 42.85 feet, and a long chord bearing S 81°31'33" E 84.84 feet to a point of reverse curvature; Thence along a curve to the left 148.66 feet, said curve having a radius of 600.00 feet, a delta angle of 14°11'44", tangents of 74.71 feet, and a long chord bearing S 80°29'41" E 148.28 feet to a point of tangency; Thence S 87°35'33" E 165.82 feet to a point of curvature; Thence along a curve to the right 139.71 feet, said curve having a radius of 200.00 feet, a delta angle of 40°01'28", tangents of 72.84 feet, and a long chord bearing S 67°34'49" E 136.89 feet to a point of tangency; Thence S 47°34'05" E 29.81 feet to a point on a curve; Thence along a curve to the right 318.77 feet, said curve having a radius of 380.00 feet, a delta angle of 48°03'49", tangents of 169.44 feet, and a long chord bearing N 66°27'49" E 309.50 feet to a point of tangency; Thence S 89°30' 16" E 274.82 feet to a point; Thence N 00°29'44" E 150.16 feet to a point on the north line of said SW'/., the ENDING POINT of this easement centerline description. _. . 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