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Water Main Easement with Three Corners Land Development, LLC for Three Corners Subdivision Easements~~E IDI~ IAN;- ~J Internal Memo To: Becky Licari Frortx Steve O'Brien CC: File Date: 9/28!09 Re: Three Comers Sutxlivision No. 2 Water and Sewer Easements Mayor Tammy de Weerd City Council Memberz: Keith Bird Brad Hoaglun Charles Rountree David Zaremba Please forward the attached memo, sewer, and water easement to the City Clerk's office for City Courxil approval and signatures. See attached memo to the City Clerk's office for additional details. Thanks From the desk of... Steve O'&im Devebpnrent Analyst Merld"ran Pudic Wader ~epadment 680 E. WateAowfv Lane. Sole Z00 Meridian, Idaho 83842 (208)887-2271 fax: (208) 887-1297 • Page 1 ~~~ ID~y1i Internal Memo Ttx Jaycee Holman tFe'otne Steve O'Brien N:~ Fite, Scott 5tedcline Datse 9J13109 Re: Proposed Agenda Item for Next Available City Council Meetirg Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba The Development Services Division of the Public Works Department respedfulry requests the foNtnving item be placed on Me Nerd AvaNal>le City Courroi CanserN Agenda farCaurwA's rxwrsideraRton: Recommended CouneN Action: The Dsvebpmerrt Services Divislon of tlts Publk Woks i)puAmerk rracorrrrrerrds Hutt City Corardl approve ttMs walW and sewel• easement with Throe Comers Subdivision No. 2. Thank you for your corrstderadon. Please cwntaa me shorid you have arty questions or concerns regarding this item. From tint ddf M.., srw. rrtar.n o«+bvm.r+awra MerWen FvgBc WorNS oev.rur,enc 880 E. VVaateNar law, SW 200 Merlam, ItlMro 8'9612 (2os1e67-2211 Fat: (206)887-1297 • Page 1 ._, ~_y 4 TIbeN CcN . ', ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 11 9018E IDAH010114109 12:66 PM DEPUTY Lisa 9afl RECORDED-REQUEST of III IIIIIIIIIIIIIIIIIIIIIIIIIIIII II II city of Meridian 10~ i 171 ~6 WATER MAIN EASEMENT THIS INDENTURE, made thisoZ~-l day of S~ , 2009 between Three Corners Land Development, LLC, David J. Dean, Member hereinafter called th~antor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantor desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline 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 right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, 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 construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, 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 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 Water Main Easement easmt wtr main Phase 2 Meridian effect and shall be completely relinquished. THF, URAN'fORS do hereby covenant with the Grantee that they are lawfally seized a»d possessed of the aforementioned and described tract of land, and that they have a good and lavvfuf 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. [N W 1TNL• SS WI'iEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein shave written. GRAN'I~R: ~ 1` fMr~'. I` Three C rners L' d Development, LLC David J, can. M tber SPATE OF 1DAH0 ) ) SS County of Ada ) On this ~ day of '~f~~ , 2009, before me; the undersibmed, a Notary Public in and for said State, personally appeared David J. Dean, known or identified to me to be the Member of the Limited Liability Company that executed the above instrument or the person who executed the instrument on hehal f of said Limited liability Company and acknawledged to me that such Limited Liability Company executed the same. IN WITNESS W HL•REOF, [have hereunto seamy hand and affixed my'official sea] the day and year fist above written. ~i- ibK~Ah NO ARY PI1RJr1C FOR IDAHj) ~r'b'C Residingat~ ~ t_'aa.~-F _ '^ O~ARy Commission Expires: s p/,~ _-_ 2 pU9`'~G ....~''•~4e.~ ~~'•. SPATE 0~;.•` Water Main I"sasement Phase 2 Meridian easmf wlr main GRANTEE: CITY OF MERIDIAN Tammy A City Clerk \\\\\\11 n ~~... ~~ C~' pt~PORq TF '~ ~2~' O SEAL ~ ~`~ - /,'//COI l t 11 t 1111111`~v``~`` Approved By City Council On: ~ ~ ~ ~o ' Zy0°I STATE OF IDAHO, . ss. County of Ada On this ~_day of Oc~}obex , 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, 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. ~~....~ (SEAL) P •g r'A Jg •'• •;~1,O;Tq~~~~~~ N Y PUBLIC IDAHO w„~ . ~ ~ Residing at:~/,yna; ~[~ahd • ~~ ~ ; Commission Expires:~g,,r~ y ~~i ~ i • T' ~ ~ ~ • • ~~ i ~• • . • •'•...••' 1, Mayor Water Main Easement Phase 2 Meridian easmt wtr main T-O ENGINEERS CONSULTING ENGINEERS. SURVEYORS AND PLANNERS 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2003 208-323-2238 . FAX 206-323-2399 Project No: 07121 Date: Revised March 23, 2009 Page: 1 of 5 F.XHIBiT "A" WATER F.ASEMF.NT iVO. 2 A 20-foot wide strip of land situated in the. NW '/, of the NW Y of Sectwt 29, Township 4 North, Range I Fast, Boise Meridian; City of Meridian, Ada County, Jdaho, being a portionof a parcel of land described irrthat certain Warranty Deed, filed as instrument No. 980195534, Reeards of Ada Cotutty ldaho; described as follows: COMMENCING at the corner connnmt to Sections 19, 20, Z9 and 30, "Township 4 North, 12ange 1 last, Boise Meridian., firm which the quarter corner common to said Sections 29 and 30, bears 5.00°37'24"1U., 2656.54 feet; thence, along section line common to said Sections 29 and 3Q, A) S.00°37'24"W., 436.98 feet; thence, leaving said section line, B) S.R9°22'36"1?., 299.06 feet to the POINT OF BEGINNING; thence, 17)N.42°46'32"E., 20:00. feet; thence, 18) S:47°13'28"E., 10.76 fectto the beginning of a Hoff-tangent curve; thence, 19) Southwesterly along said curve to the right, having a radius 160.00 feet, an arc length of 20.02 feet, thrtiugh a central angle of 07° 10'04", and a long chord which bears 5.43°46'51 "VV., 20:OD feet; thence, non-tangent from said curve, 20) N.47°13'28"W., 10:41 feet to the POINT OF BEGINNING. CONTAINING: 216 square feet. more or less. SpB,IECT TO: All Rights, Rights-of--.Way and Easements of Record. Together with the folloe~ing; WA'T'ER EASEMENT N0.3 A 2U-foot wide strip of land situated in the N W '/. of the N W '/< of Section 29, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being a portion of a ROISE_• COL'UR d'ALI:NE ~ CALDW)LL Project No: 07121 Date: Revised March 23, 2009 Page: 2 of 5 parcel of land described in that certain Warranty Deed, filed as Instrument No. 980195534, Records of Ada County Idaho, described as follows: COMMENCING atYhe corner conunon to Sections 19, 20,.29 and 30, Township 4 North, Range 1 East, Boise Meridian, ftont which the quaver contcrcommun to said Sections 29 and 30, bears 5.00°3724"VJ., 2656.54 feet; thence, along section line common to said Sections 29 and 30, C} S.00°37'24"W., 34534 feet; thence, leaving said section line, I)) 5.89°22'36"E., 373.44 feet to the POINT OF BEGINNING; thence, 2l) N.42°58'07"E., 20.00 feet; thence, 22) 5:47°0]'53"E.; 9.93 feet to the beginning ofavon-tangent curve; thence, 23}Southwesterly along said curve°to the right, having a radius of 3.37.00 feet, an arc. length of 15.83 feet, through a cenh~al angle of 02°41'30", and a long chord which bears 5.40°28'17"W., 15.83 feet; thence, tangent from said curve, 24) 5.39°07'32"W., 4.19 feet; thence, 25) N.4?°01'53"W., 1090 feet to the POINT OF BEGINNINC. CONTAINING: 206 square feet, more or less. SUBJECT TO: All Rights, Rights-of--Way and Easements of Record. 'Together with the following: WR'I'ER EASEMENT' N0.4 A 20-foot wide strip of land situated inthc NW'/e of the N W 'l4 of Section 29, "Township 4 North, Range 1 lsast, Boise Meridian, City of Meridian, Ada County, Idaho, being a portion of a parcel of land described in that certain Warranty Deed, tiled as hrstrumeni No. 980195534, Records of Ada Cowriy Idaho, described as follows: COMMENCING at the comer common to Sections 19, 20, 29 and 30, Township 4 North, Range 1 Fast, Boise Meridian, from which the quarter corner cotnnron to said Sections 29 artd 30, bears 5.00°37'24"W., 2656:54 feet; thence, along section Line common to said Sections 29 and 30, F) S.00°37'24"W., 27fl.49 feet; thence, leaving said section line,. F) S.89°22'36"L'., 449:57 feet to the POINT OF BEGINNING; thence, IIOISE • COIitJR d'ALENI • f:Ai,DWFi:I. Project No: 07121 Date: Revised March 23, 2009 Page: 3 of 5 26)N.,59°31'S4"E., 20.00 feet; thence, 27) S.30°28'06"E., 12.62 feel to the beginning of anon-tangent curve; thence, 28) Southwesterly along said curve to the left, having a rndius of 337.00 feet, an arc length of 20.01 feet, through a central angle of 03°24'09", attd long chord which bears S.57°42'46"W., 20.01 feet; thence, non-tangent from said curve, 29) N.30°28'06"W., 13.25 feet to the POINT OF BEGINNING. CONTAINING: 257 square feet, more or less. SUBJECT "I'O: All Rights, Rights-of--Way and Easements of Record. Together with the following: WATER EASEMENT NO. S A 20-foot wide strip of land situated in the NW %. of the NW '/. of Section 29, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being a portion of a parcel of land described in that certain Warranty Deed, filed as Instrwnent No. 980195534, Rcroords of Ada County Idaho, described as follows: COMMENCING at the cw•ner common to Sections 19, 2Q, 29 and 3Q "i'ownshil> 4 North, Range 1 East, Boise Meridian, from which the quarter corner common to said Scctions 29 and 30, hears 5.00°3T24"W., 2656.54 feet; thence, along section line common to said Sections 29 and 30, G) SAO"37'24"W., 559.30 feet; thence, leaving said section line, H) S.R9°22'36"E., 251.84 feet to the beginning of anon-tangent curve and the POINT OF BEGINNING; thence, 30) Northeasterly along said curve to the lest, having a radius of 270.00 feet, an arc length of 20.43 feet, through a central angle of 04°20` 11 ", and a long chord which bears N.? 1 ° 12'44"F.., 20.43 feet; thence, non-tangent from said curve, 31) 5.30°33'20"E., 6.63 feet to the beginning of a non-tangcnt curvc; thence, 32) Southwesterly along said curve to the right, having a radius of 24G.00 feet, au arc length of 20.68 feet, through a central angle of 04°49'02", and a long chord which hears S.74°OR' I R"W., 20.68 feet; thence, non-tangent from said curve, 33)N.30°33'20"W., 5.55 feet to the POINT OF BEGINNING. GUISE • CUEUR d'AI,ENF, • CALDWEI,1, Project No: 07] 21 Date: Revised March 23, 2009 .Page: 4 of 5 CONTAINING: 122 s<luare feel, more or less. SUBJECT TO: Alf Rights, Rights-of--Way and Easements of Record. Together n~ith the following: WATF,R EASEMENT NO. G A 20-foot wide. strip of land situated in the NW '/, of the N W %< of Section 29, Township 4 North, Range 1 Fast, Boise Meridian, City of Meridian, Ada County, Fdaho, being a portion ~f a parceE of land described in that certain Wattauty Decd, filed as lnstrumcnt No. 9801 95534, Records of Ada County Idaho, described as follows: COMMENCING at the corner common to Sections 19, 20, 29 and 30, Township 4 Norttr, Range t East, Boise Meridian, from which the quarter corner common to said Sections 29 and 30, beats S.00°3724"W., 2656.54 feet; thence, along section line common to said Sections 29 and 30, I) 5.00°3724"W., 588.21 feet to the northerly line of a parcel of land described in that certain Corrected Special Warranty Deed, filed as Instrument No.108047818, Records of Ada County, Idaho; thence, along said northerly line, J) 5.89°59'56");., 148.04 feet to the POINT OF RECINNIN(:; thence, leaving said northerly line, 34)N,00°00'00"E., 15.17 feet; thence, 35j 5.89°22'3G"E., 2UA0 feet; thence, 3G) S.00°00'QO"W., 14.95 feet to the northerly line described in said Corrected Special Warranty Dced; thence, along said northerly line, 37) 5:89°59'56"W., 20.00 feet to the IrOINT OT BEGINNING. CONTAINING: 301 square feet, more or less. SURJI?,CT TO:' All Rights, Rights-of--Way and Easements of Reco~•d. "together xti;ith the following: WATER T.ASF,MEN1' NO. 7 A 2(1-foot x~tide snip of land situated in the N W '/< of the N W %a of Section 29, Toxti:nshp 4 North, Range 1 East, Boise Meridiat, City of Meridian, Ada County, Idaho, being a portion of d ROISE • COEUR d'AI,ENE • CALDWELL 4 Project No: 07121 Date: Revised March 23, 2009 Page: 5 of 5 parcel of land described in that certain Wananty llecd, filed as Instrument No. 980195534, Records of Ada County Idaho, described as follows: COMMENCING at the corner common to Sections 19, 20, 29 and 30, Township 4 North, Range ]Fast, Boise Meridian, from which the quarter comer common to said Sections 29 and 30, bears S.00°37'24"W., 2656.54 feet; thence, along section line conunon to said Sections 29 and 3Q, K) SAO°3724"W., 571.43 feet; thence, L) 5.89°22'36"C., 70.00 feel to the POINT OF BEGINNING; thence, continuing 38) S.89°22'36"1;., ZOAO feet; thence, 39) 5.00°37'24"W., 8.39 feet; thence, 40}N.90°00'00"W., 20.00 feet; thence, 41)N.00°3T24"L., 8.61 feet to the POINT OF BF.GiNNING. CONTAINING: 170 square feet, more rn• less. SUB.IECT TO: All Rights, Rights-of-Way and Easements of Record. IIi07121\N'Plilcs\tintvcyll'FIASIi 211'1 l-2 SGWIiIbWA'I'Bk ESMI" DPSCSNixhA-\\'Allik (fsmis.doc BO1SF, • COEUR d'Ai.ANr • CALDWrLL "H"-1PATER EASEMENTS N0.'s 2 & 5 LOCATED ON THE PROPERTY OF DAVID J. DEAN & LUANE I. DEAN WITHIN THE NW 1/4 OF THE NW 1/4 OF SECTION 29, TOWNSHIP 4 NO TH, RANGE 1 EAST, BOISE MERIDIAN ADA COUNN, IDAHO 19 20 30 29 E. CHIIQDEN BOULEVARD ro o, M I < I w la CURVE TABLE CURVE LENGTH RADIUS DELTA TANGENT BEARING DISTANCE C33 20.02 160.00 7'10'04" 10.02 S43'46'S1"W 20.00 C34 20.43 270.00 4'20'11" 10.22__ N71'12'44"E 20.43 C35 20.68 246.00 4'49'02" 10.35 S74'OS'18"W 20.68 M O 0 Z ---- o i I M ((~~}} N N 5 N ~~+ W N .` I N 3 lJ ' 1~ e H I M N TIC O "' U z SO "POINT OF BEGINNING" ,'y l~ Ag __S89_22_36"E / 299.06' ---~---- ~hj' `20'-WATER RSV G PROPOSED J THREE CORNERS SUBDIVISION N0. 2 CORNS DWNE E• 'THREE lo~°r°s`dl EASEMENT N0. 2 LINE TABLE LINE BEARING LENGTH L43 N42'46'32"E 20.00 L44 S47' 13'28"E 10.76 L45 N47'13'28"W 10.41 L46 S30'33'20"E 6.63 L47 N30'33'20"W 5.55 I 20'-WATER EASEMENT N0. 5 I z. ~ "POINT OF BEGINNING" 1 S89'22'J6"E G~- ly 2'5t:an'--~-~`~ ~5 ~' PROPOSED '~ G3 THREE CORNERS I SUBDIVISION ~ N0. 2 M D 20 40 80 120 ~I m of ~ := i w ~ - N N r M O io $-FOUND BRASS CAP ® FOUND 5/8" IRON PIN a ANGLE POINT T-O ENGINEERS 30 ~ 29 9777 CIIINDL•N BOULEVARD BOISE. IDAHO 83719-?,OOR P13Uf~'I~U.lN3i 723-22Att TA1:OnRl 373-7.399 E-F4E: H:\01121\FahB-Es~nh-PN 2.DWC MtE 0.1/21/W ,gB:07121-85-IOD EXHIBIT "B"-1~iATER EASEMENTS N0.'s 3 & 4 LOCATED ON THE PROPERTY OF DAVID J. DEAN & LUANE i. DEAN WITHIN THE NW 1/4 OF THE NW 1/4 OF SECTION 29, TOWNSHIP 4 NORRTH, RANGE 1 EAST, BOISE MERIDIAN ADA COUNN, IDAHO 19 20 3029 ~~ CHINDEN BOULEVARD 0 N CURVE TABLE CURVE LENGTH_ RADIUS DELTA TANGENT BEARING DISTANCE C36 :20.01 337.00 3'24'09" 10.01 S5T42'46"4V 20:01 C37 15.63 337.00 2'41'31" 7.92 S40'28'17"W 15:83 - 20'-WATER EASEMENT NO. 4 °POINi OF BEGINNING" ~~ ~R 589'22'36"E A PROPOSED m THREE CORNERS ~ ~ SUBDIVISION Ic a N0. 2 ~ IN ~ o n ( zc ~ o °POINT DF BEGINNING" ~'~ ~' z ~ ~ _--_ 589_22'36"E -_a - -- n ~ 373.44' ~S ~ b U x. s ~~ PROPOSED ~i THREE CORNERS SUBDIVISION I 0 U N C J e- t N O ++ W U NI V V1 N ~Oz 30 29 N0. 2 I- -- { Sp G~yb OORN~S DRNE ~ ~{RtiE tPro4peed~ -WATER EASEMENT NO. 3 LINE TABLE LINE BEARING LENGTH L48 N59'31'S4"E 20.00 L49 S30'28'O6"E 12.62 L50 N30`28'06"W 13,25 L51 N42'58'07"E 20.00 L52 ' S4T01'S3"E 9.93 L53 S39'07'32"W 4.19 L54 N47"01'53"W 10.90 0 20 40 80 120 -~-FOUND BRASS :CAP -,L LANps ® FOUND 5/8" IRDN PIN ~~STFRF Gam` o ANGLE POINT ]~~ ~ ~ ylZ o ~ ~ T-O ENGINEERS ~ y~ ` 9 ~D O D H. -1CP~°~ 13O7SE. HO 8 14- 0 8 1'HO\Zk:U081327-2288 i~AJC: 12 0 81 3 21-23H9 r.u~A E-fllBS H.\OJixt\I'Yh0-Esmis-%1 T.DWi, OAIE 03/23)08 JO&47@i~&4-100 EXHI~T "H"-1PATER EASEMENTS N0.'s 6 & 7 LOCATED ON THE PROPERTY OF DAVID J. DEAN & LUANE I. DEAN WITHIN THE NW 1 4 OF THE NW 1 4 OF SECTION 29, TOWNSHIP 4 NORTH, RANGE 1 T, BOISE MERIDIAN ADA COUNTY, IDAHO 19 20 3029 E. CHINDEN BOUI~VARD n a n 3 a N t ~ ~ o IN ~ N~ I N (/j n n U °O a 'POINT OF PROPOSED THREE CORNERS SUBDIVISION ND. 2 UNE TABLE LINE BEARING LENGTH L35 S89'22'36"E 20.00 L36 S00'37'24"W 8.39 L37 N90'00'00"wr 20.00 L38 N00'37'24"E 8.61 L39 N00'DO'00"E 15.17 L40 N89'22'36"E 20.00 L41 SDO'00'00"W 14.95 L42 S89'59'56"W 20.00 20'-WATER EASEMENT NO. 7 E. THREE CORNERS DRIVE ~ {proposed) S89_22'36_'E _ j LSSf _ J L40 b `O___ N89'S9_56'_E J L37 -~ i ~ - 'tr----------------"----`-`- ~ 1aa.oa' L42 "POINT OF BEGINNING" 2D'-WATER EASEMENT N0. 6 M n v ~p c ~ J O N c 0 V W dI O N N 0 ~~ z 30 29 -~-POUND BRA55 CAP ® FOUND 5/8" IRON PIN o ANGLE POINT T-O ENGINEERS 9'T/'1 CHIND]:N BOULkVARll BOISE, IDAHO 83714-?.008 PHONE: V.ORI 32-7-J2A8 1'AX: 12081 327-2399 e-r3tE~H:~min~er~-[snlrrxz.OwG arcm/27/w ,ro~onzl-as-lao 0 20 40 60 120 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 s BOISE IDAH010114109 12:~ PM III 11IIIlIIIIIIIIIIIIIfIIll~llll II III DEPUTY ilea San RECORDED-REQUEST OF 10g1171~~ city of Meridian SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this~`~l day of 5@6'T, 2009 between Three Corners Land Development, LLC, David J. Dean, Member 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) 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 described for this easement, which would interfere with the use of said easement, for the Sanitary Sewer and Water Main Easement Phase 2 Meridian Water and Sewer Easement purposes stated herein. THE GRANTORS hereby covenant and agree with the: Grantee that should any pari of the right-of--way and easement hereby granted shall become part of, or lia 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 furthereffect and shall be completely relinquished. THE GKAN'fORS do hereby covenant with the Grantee that whey are lawfully seized and possessed of tilae aforementioned and described tract of land, and that they have a good and lawful right to conve;~ said easement, and Atat they will warrant and fnreverdefend the title and quiet possession thereof against the lawful claims. of all persons whomsoever. IN WITNF,S5 VJHF.R}r;OF, the said parties of the first part have hereunto subscribed their signatures the day and year first. herein above written. GRANT R: S"FATE OF 1DAII0 ) ss County of Ada ) 4 Three 'omers d Development, LhC David .i. Derm. Member On this ~~Y~ day of~~o,~i..~/ , 2UU4, before me; the undersigned, a Notary Public in and for said State, personally appeared David J. Dean, known or identified to me to be [he Member of the Limited Liability (:ontpany that executed the above instrument orthe person who executed the instrument on behalf of said Limited Liabifiry Company: and acknowledged tome. that such Limitetl Liability- Company executed the same. IN W ITN)wSS WI IEREOF, i have hereunto set my hand and affixed myofficial seal the day and year fist above written. _~ ~ ~+'~~~a 8J'Y'~ NO' AKY PUBLIC FOR ?~ 0t]d Tt Residing at:~.~~F ~ O ~~'~~ ~ g Commission F,xpires:,~ .tn~y° ~~ •., .Nbpt~I3 . Sanitary Sewer and Water Man'F,asement 'Phase 2 Meridian water and Sewer F.ascment GRANTEE: CITY OF MERIDIAN Tammy de a d, Mayor A est by J cee Holman, City Clerk ,~ ~. - F o = S~AI~ ~ ~ ~~ Approved By City Council On: ~ Q~(A - aZ,~) STATE OF IDAHO, ) ss. County of Ada ) On this~_day of pc n be,,i , 20~ before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, 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. ,...... (SE~)~ 9~ `~: . ~ ~ .~ ~CIJ, ;y. • ,~ • • ~., ~. ,; i I~'' i ~~ 1D ~ ~• •,~AH ~~ TARY P LIC FOR IDAHO Residing at: ~.~, ~•, a ~ ~~ Commission Expires: ~,r,T ~ 4 Sanitary Sewer and Water Main Easement Phase 2 Meridian Water and Sewer Easement T-0 ENGINEERS CONSULTING ENGINEERS,. SURVEYORS ANOPLANNERS 9777 CHINDEN BOULEVARD BOISE, IDAHO 837142008 208-323-2288 • FAX 208.323-2399 Protect No: D712 L llate: Revised March 23, 2009 Page: I of 2 EXHIBIT "A" Sewer/Water Easement A variable width strip of land situated in the NW Y, of the NW'/ of Section 29, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County; Idaho, being a portion ofa parcel ofland described in that certain Warranty Deed, filed as,lnstrument No. 980195534, Records of Ada County Idaho, described. as Follows: COMMENCING at the corner c~mmonto Sections 19, 20, 29 and 30, Township 4 North; Range 1 Fast, Boise Meridian, from which the quarter corner common to said Sections 29 and 30, bears 5.00°37'24"W.; 2656.54 feet; thence, along section line common to said Sections 29 and 30, A) 5.00°3724"W., 254.96 feet; thence, leaving said sc;ction line, Bl S.89°22'36"E., 168.46 feet to the POINT OF BEGINNING; thence, 1) N.70°52'S4''E., 20,00 feet; thence, 2} 5..19°UT06"E., 43.63 feet; Uxenee, 3) N.72°12'09"E., 1I.18feet;thence, 4) 5. l7°4T S 1 "E., 20.00 feet; thence, 5) 5.72°12'U9"W, 11.16 feet; thence, 6) S.16°34'42"E., 110.78 feet to the beginning of a tangent curve; thence, 7) Southeasterly along said curve to the letl, having a radius of 215.00 feet, an arc length of 52.45 feet, through a central angle of 13°.58'38" of which the long chord bears 5.23°34'Ul"E., 52.32.. feet; thence, tangent from said'curve, 8) S.30°33'20"F.., 10.60 feet to the beginning ofaoon-tangent curve; thence, 9) Southwesterly along said curve to right, having a radius of 160.00 feet, an arc length of 39.80 feet, through a central angle of 14°15'09", of which the long chord bears S.71 °26' 18"W., 39.70 feet to a point of compound curvature; thence, BO1SE • CUEUR d'ALENE . CALDWELL Project No: 07121 Date: February ] 0, 2009 Yage: 2 of 2 10) N.48°3 )'S0"W., 20.99fcet; thence, LI) N.14°38'22"W., 24.73 feet; thence, 12)5.70°56'31"W., 30.53 feet; thence, 13) N.19°03'29"W, 20.00 lect; thence, 14)N.70°56'31"li., 32.07 feet; thence, 5) N.14°38'22"\V., 120.47 feet; thence, 16) N.14°03'04"W., 9.95 feet; thence, 17)N.75°21'38"R., 15.50 feet; thence, 18)N.19°07'06"W., 44.73 feet to the POINT OF BEGINNING. CONTAiNINC: 0.22 acres, more or less. SUBJECT TO: All Rights, Rights-oC-Way and Easemcuts of Record. I I X07 t2nNTlilalSurveNPH.gSE 2~PH-2 SF.WFR-WATER GS:vfT DF.SCS1fxhASf.WER-WA'fGR L•smB.doc BOISE • COEUR d'ALENE • CAL.DWELL 19 30 EXHIBIT "B"-SEIPER/1PATER EASEMENT LOCATED ON THE PROPERTY OF DAVID J. DEAN & LUANE I. DEAN WITHIN THE NW 1/4 OF THE NW 1/4 OF SECTION 29, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN 20 ADA COUNTY, IDAHO F29 E. CHINDEN BOULEVARD w <~, N ~ ~ J: M ~ N CURVE TABLE CURVE LENGTH RADIUS DELTA TANGENT BEARING DISTANCE C4 39.80 160.00 14'15'09" 20.00 S71'26'18"W 39.70 C11 52.45 215.00 13'58'38" 26.36 S23'34'O1"E 52.32 "POINT OF BEGINNING" ____589'7.2'36"E --~'---- 168.46' ~Q ;, W I NO N ~] N r o U ~~IN .I° z N " l I W ~O~ ~ N GNOPOSED 11W ,(0: 0 n z 0 ~I v o~ PROPOSED THREE CORNERS SUBDIVISION N>~. 2 0 20 40 80 120 S t'~ ~ X16 ~~ LINE TA LE LINE BEARING LENGTH L4 N75'21'38"E 15.50 _ L5 L7 N.19'07'06"W_ N70'52'S4°E 44.73 20.00 L8 N48'39'50"W 20.99 L9 N 14'38'22"W 24.73 E11D dk/E S70'S6'31 "W 30.53 L13 N70'S6'31 "E 32.07 L14 L15 __ N14'03'04°W N19'07'06"W ...._ 9.95 43.63 _.. L16 N72'12'09"E _ _. 11.17 L17 S1T47'51"E 20.00 L18 S72'12'09"W 11.16 L27 530'33'20"E 10.60 L55 N19'03'29"W 20.00 PROPOSED THREE CORNERS SUBDIVISION N0. 2 J~ O~ T-O ENGINEERS ~_ 30 ?29 9777 CIII\DEN 1301Ji..EVARD BOIS[. IL)AFiO 83714-20 08 J ~ PI IONL. 12UR7 323-22RR IN)Ce 20R~ 323-?a99 E-FIE: H:\07121\&nB-EEml6-PH 2.OWG DATC: RrA3/71/09 JOB:O7RI-BS 100 FOUND BRASS CAP 1-\$ ® SOUND 5/8" IRON PIN o ANGLE. POINT T-O ENGINEEFIS CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714.2008 208-3232288 • FAX 208-323-2399 Project No: 07121 Date: Revised March 23, 2009 1'agc: 1 of 2 EXHIBIT' "A" Sewer/Water)asement A variable width strip of land situated in the N W `h of the N\N '/a of Section 29, Township 4 North, Range 1 Bast, Boise Meridian, City of Meridia~t, Ada County, Idaho, being a portion of a parcel oCland described in that certain Warranty Deed, filed as Instlvment No. 980195534, Records of Ada County Idaho, described as follows: COMMF.NCiNG at the corner common to Sections 19, 20, 29 and 30, Township 4 North, Range 1 Gast, Boise Meridian, (turn which the quarter corner common to said Sections 29 and 30, bears S.00°3724"W., 2656.54 feet; thence, along section line common to said Sections 29 and 30, A) S.00°37'24"W., 254.96 feet; thence, leaving said section line, R) S.89°22'36"F.., ] 68.46 feet to the POINT OF BF,GINNINC,; thence, 1) N.70°52'54"L., 20.00 feet; thence, 2) 5.19°0706"L'., 43.63 feet; thence, 3) N.72° 12'09"F,., 1 I . I R feet; thence, 4) S.t7°4TSl"B.,2QOOtect;thencc, 5) 5.72°12'09"W., 11.16 feet; thence, 6) S.16°34'42"T., 110.78 feet to the beginning of a tangent curve; thence, 7) Southeasterly along said cwve to the leli, having a radius of 215.00 feet, an arc length of 52.45 feet, tlu•ough a central angle of 13°58'38", of which the long chard bears S.23°34'0] "F.., 52.32 feet; thence, tangent from said curve, 8) S.30°33'20"G., 10.60 legit to the beginniug of anon-tangent cnn~e; thence, 9) Southw~eslerly along said curve to right, having a radius of ] 60.00 feet, an arc length of 39.80 feet, through a centrnl angle of 14°15'09", of which the long chord bears S.71 °26' 1 R"W., 39.70 feet to a point of compound curvature; thence. ROISii • COIUR d'Al,f?NG • CALDWELL 1'rojcct No: 07121 Date: February 10, 2009 Page: 2 of 2 ]0)N.48°39'50"W., 20.99feet; thence, 1 I) N.14°38'22"W., 24.73 feet; thence, 12) 5.70°56' 3 I "W., 30.53 feet; thence, l3) N.19°03'29"W., 20.00 feet; thence, 14)N.70°SC,'31"E., 32.07 feet; thence, 15) N.14°38'22"W., 120.47 feet; thence, 16) N.14°03'04"V1`., 9.95 feet; (hence, I7) N.75°2 ]'38"E., 15.50 feet; thence, 18) N.19°07'06"W., 44.73 feet to the POINT Or BEGINNING. CONTAINING: 0.22 acres, more or less. SUBJECT 1'O: All Rights, Rights-of--Way and Easements of Record. II:\07121\WPfllcs\Snn'q'~pil.\Sli zWH-2 SG\l9'K-\YA'I'b:H LSMI" DI?tiCS\IahA-SI'.\l'lilt-\tl.1'I'IiK [>ma.Mx: BO]SE • COEUR d'ALENE • CALUWF.LT, 19 30 EXHIBIT "B"-SEWER/WATER EASEMENT LOCATED ON THE PROPERTY OF DAVID J. DEAN & IUANE I. DEAN WITHIN THE NW 1/4 OF THE NW 1/4 OF SECTION 29, TOWNSHIP 4 NORTH, RANGE 1 EAST, 8015E MERIDIAN 20 ADA COUNTY, IDAHO F29 E. CHINDEN BOULEVARD CURVE TABLE CURVE LENGTH RADIUS DELTA TANGENT SEARING DISTANCE C4 39.80 160.00 14'15'09" 20..00 571'26'18"W 39.70 C 1 1 52.45 215.00 13'58'38" 26.36 S23'34'01 "E 52.32 L ~„ V~ N~ ^a :~ N QN "POINT OF 6EGINNING'~ _,._________589_22'36'"E___, 168.46' ~-~~~~-- ~ I a ~ ~ ~ O u~ N W 3 < F ~'~ ~~ ~~ I~ .a l o z ~ I:w a N v F ~I 0 ~I ~I PROPOSED THREE CORNERS SUBDIVIS{ON NO. 2 LINE TABLE LINE_ BEARING LENGTH L4 L5 L7_ _ N75 21 38' E N 19 07 06"y./ N70 52 64' E 15 50 44.73 20 00 LS N48'39'S0"W 20.99 L9 N1_4'38'22"W 24.73 L12 S70'56'31"W 30.53 L13 N70°56'31 "E 32.07 L14 N14'03'04"W 9.95 1.15 N19'07'06"yd 43.63 L16 N72'12'09"E 11.17 L.Y7 S1T47'51°E _ 20.00 L18 S72'12'09"W 11.16 L27 S30'33'20"E 10.60 LS5 N19'03'29"W 20.00 I 30 29 0 2D 40 80 120 R~~~ 0 ENGINEERS <~~7z c.111w I ~1s~, 1st 31 ILEtit4lu> rc11s1~:. 11)~11at1 a:3~1~+-~oo~s -FIEC H:~07111~fxhB-FsmIs-PIi 2DYYfi DAiErRe,4d~73/09JOd': DFI21-$i-100 .FOUND BRASS CAP ® FOUND 5/8" IRON PiN a ANGLE POINT PROPOSED THREE CORNERS SUBDIVISION N0. 2 '.b , ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 E BOISE IDAH010I14109 12:66 PM DEPUTY Lisa Batt ~~~ (~~~~~~~~~~~~~~~~~~I~~~~~~~~~ ~~ I~~ RECORDED-REQUEST OF 1~91171~4 oiry of Meridian SANITARY SEWER EASEMENT THIS INDENTURE, made this ~ day of Se~~ , 2009 between Three Corners Land Development, LLC, David J. Dean, Member 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 sewerright-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline 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 a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line 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 Sewer Main Easement easmt sewer main Phase 2 Meridian any permanent structures, trees, brush, or perennial sluubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE (IRAN"FORS 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 bot»tdary 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 com~cy 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 WI-IERI30F, the said parties of the Grst part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR ---~=1 Three Cgrners nd Development, LLC David J. Dean. ember S'1"ATE OF IDAHO ) ss County of Ada ) Un this ~ day of ~p1r~.6.- , 20p~ before me, the undersigned, a Notary Public in and for said State, personally appeared David J. Dean, known or identified to me to be the A4cmber of the Limilcd liability Company that executed the ahovc instrument or the person who executed the instrument on behalf of said Limited Liability Company and acknowledged to me that such Limited Liability Company executed the same. IN WITNESS Wl IEREOP, I have hereunto set my hand and affixed my official seal the day and year fist above written. Sr.•g.~~,CKMq~, ~ ~ ~ _ __ ~r ~gA~tY NO 'ARY PCIAl. C POR IDAHO ~ .•~ G Residing at: A Ca. pUg ~ Commission Expires: o V ^'t,~ .` Sewer Main F.asemem "'•"""""~ Phase 2 Meridian casmt sewer main GRANTEE: CITY OF MERIDIAN "~~ , ~~" ~, ,.~`;~.~ OF ~~1p~ '~% ~~ ~' ~~ Tammy de rd, Mayor =_ s~~~ ~a~ '~'%~~GCGSTIS~•~ ~~ Attest b aycee Holman, City Clerk .9 e`~ ,,,,,,, cow oo ``,,,, Approved By City Council On: ~~ ~ fd `.' < <~ ~~~ STATE OF IDAHO, ) . ss. County of Ada ) On this~day of ~ ~ , 20 efore me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY E WEERD and JAYCEE HOLMAN, 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 off cial seal the day and year first above written. ~~ pV94{~ J QF ID Sewer Main Easement easmt sewer main NOTARY P I Residing at: Commission Expires:_ IDAHO Phase 2 Meridian T-O ENGINEERS OONSULTING ENGINEERS, SURVEYORS AND: PLANNERS 9777 CHINDEN BOULEVARb 801SE, IDAHO 637142008 206323-2288 • FAX 208323-2399 Project No: 07121 Date: Revised Maz•ch 23, 2009 Page:. 1 of 3 EXHIBIT "A" .Sewer Easement No. 2 A 20-foot wide strip of Land situated in the N W '/. of the NW '/. of Section 29, Township 4 North, Range 1 Easl, Boise Meridian, City of Meridian, Ada. County, Idaho, being a portion. of a parcel of land described in that certain Warranty llccd, filed as Instrument No. 980] 95534, Records of Ada County Idaho, described as follows: COMMENCING at the corner common to Sections 19, 20, 29 and 30, Township 4 North,: Range 1 East, Boise Meridian, lrom which the quarter comer coimrton to saitf Sections 29 and 30, bwrs 5,00°37'24"W., 2656.54 fee[-, thence, along sectiou line common to said Sections 29 and 30, A) S.00°3724"W., 473.15 feet; thence, leaving said section line, B) S.R9°22'36"F..., 380.17 feet to the beginning of anon-tangent curve and the POINT QF BI~GINNING; thence, I) Northeasterly along said curve to the left, having a radius of 270.00 feet, an arc length of 4.67 feet; through a central angle of 0°59'29", and a long chord thatbears N.39°37'16"E., 4.67 feet; thence, tangent from said curve, 2) N.39°0732"E., 15.33 feet thence, 6) 3) 5.50°O8'OI"E., 158.27, feet to the beginning of anon-tangent curve; thence, 4) Southwesterly along said curve to the left, having a radius of 121.00 feet, an arc length of 23.31 feet, through a central angle of 11 °02'03", and a long chord which bears 5,06°04'26"W., 23,28 feet; thence, tangent. from said curve, 5) S.00°33' 15"W., 0.85 feet; thence, N.50°OR'Ol "VV., 171..53 feet to the POINT OF BEGINNING. CONTAINING: 0.08 acres, more or less. SUBJECT TO: All Rights, Rights-of--Way and Easements of Record. 11:10712i1WPflcs\Survcy\PIIA.A: ?lPl I-Z SGWC2-14ATBR [SMi bGSC51EehASEWfR Gsims+d°c BOISE+COEUR d'ALENE. CALDWSLL EXHIBIT "B"-SEWER EASEMENT N0. 2 LOCATED ON THE PROPERTY OF DAVID J. DEAN & LUANE I. DEAN WITHIN THE NW 1/4 OF THE NW 1/4 OF SECTION 29, TOWNSHIP 4 NORRTH, RANGE 1 EAST, BOISE MERIDIAN ADA COUNTY, IDAHO 1s 2a 30 29 E' N I ~; I~ C}iTNDBN BOULI~'VfiIiD CURVE TABLE. CURVE LENGTH RADIUS DELTA TANGENT BEARING DISTANCE C31 4.67 270.00 0'59'29" 2.34 N39'3T16"f 4.67 C32 23.31 121.00 11'02'23" 11.69 S06'04'26"W 23.28 w ~~ QQ n O Q- z ` GO O ~~ LINE TABLE LINE BEARING LENGTH L25 N39'07'32"E 15.33. L26 500`33'15"W 0.85 >x ~~~ ~ti h N PG '~ . --S 380? 76,E ~----- ~~ R 3 SEE DETAIL °A` /[O~~ I' SS N t/] I "POINT OF BEGINNING' /~(//~S,(~T~~/~~0~, S p I PROPOSED .y".~(/FAQ ~1. F N a ~ THREE CORNERS so._d!~ ~`:.~A. Z _ SUBDIVISION m N0. 2 M ~ ro -.FOUND BkASS CAP ~' ® FOUND 5/8" IRON PIN w o ANGLE POINT a N R O Z ~~ C O U J) N 30 phi G~~ DETAIL "A" 001 LD SCOIBI PROPOSED THREE CORNERS SUBDIVISION N0. 2 ~~ I ti~r~ rl •~~~~~ CV ~M ~ f~ U ~ M J ~ Iv ~.~~ SEE DETAIL "B" DETAIL "B" ~ffD•. SD BDDIl~ 20 40 80 120 T-O ENGINEERS 9n7 cxrrlnaly souliv,~xp BCJISE, IDAHn 83714-7008 PHnNE° i208t"323-2288 FAX: [208 323-2399 [-~: x;~anzl~F,ne-Eamta-rx z.owc waeal/v/cy ~oaozizi-es-ioo