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Temporary Construction Easement with DBSI Tanana Valley, LLC for Black Cat Sewer Line CavanaughADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 R' 801SE IDAHO 06!23!10 03:24 PM DEPUTY Lisa Batt RECORDED-REQUEST OF 110~S7~f~7 Meridian City TEMPORARY CONSTRUCTION EASEMENT day of .~ JY~2, 20 I ~ between DBSI TANANA made this ~ THIS INDENTURE o Z _ , VALLEY LLC, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, o . ~ Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; a - ~ ~~ -~ WITNESSETH: o ~ ~ the Grantors desire to provide a sanitary sewer right-of--way across the WHEREAS ~ d 4 , premises and property hereinafter particularly bounded and described; and z ~ ~ 4 Q D as the sanitary sewer is to be provided for through an underground pipeline to WHEREAS ~ Q °'.L ~. c: , be constructed by others and or Grantee; and o =o ~ ~ ° d i~ ~ W ~ d \\ NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and } c = oc other good and valuable consideration, the Grantors do hereby give, grant and convey ~ o °° W unto the Grantee the right-of--way for an easement for the construction of a sewer line 4 N ~ o over and across the following described property: °c °m o ~ ~ (SEE ATTTACHED EXHIBIT A and B) The temporary construction easement is for the purpose of the construction of a sanitary sewer line and relate incidental work and storage of materials related to the construction process. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, its successors and assigns shall be temporary. The termination of this easement shall expire 30 days after the installation and acceptance of said sewer line by the Grantee. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after installing and accepting said sewer line, 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 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 1 of 3 ~E - r~ccrd - ~xh~~~+s (~ an~\ ~ c,~e.~-~ r,©-~. ~dE~,~- ~~t ec~ 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. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: DBSITANAN By: Conrad ~rs, Authorized epresentative of the Chapter 11 Trustee for DB Inc., Sole member of DBSI Tan a Valley LLC STATE OF Oar ) (~~ ss County of W (ll On this day of ~ Y w , 20 t ~ ,before me, the undersigned, a Notary Public in and for said State personally appeared r ~S known or identified to me to be the u rC- r n~ "v of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. OFFICIAL SEAL NATHANAEL P WEIKEL NO AR PUBLIC FOR t ~ NOTARY PUEtUC-OREOOW - COMMISSION NO. A427897 Commission Expires: t 12' MY COMMISSION EXPIRES APRIL 9, 2012 2 of 3 GRANTEE: CITY OF MERIDIAN ~~~~ ~ ' a,c fi,7 ~ ER~0~9'''~, F o .. SEAL _= Attest by Jaycee L. Holman, City Clerk: y "~ 9 r ~~ ~` '~, q ~~ ~. Approved By City Council On: ~ - ~~~CO~~Y ~ ,~~`~\` ~irrii~~~~~~~ STATE OF IDAHO ) ss County of Ada ) On this day of J yr~2___ , 20 Its, before me, the undersigned, a Notary Public in and~f r~s~aid State, personally appeared„~~~d ~e+~tia_- and JAYCEE L. HOLMAN, known 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. •...... •1GA Jp1V.•. GjJ ~'TAjQ~'C'~; TARY PUBLIC OR i '~%~ ~~ : Residing at: ~1VnA 1 ~ • `~, ;(SEAL) ~ ; Commission Expires: `;0.n ~ ~ ~Ip I `~ ; ~ • ~ 1~' ,¢ • •'~`~ 1'E OF ~ •• •..~,..• 3 of 3 EXHIBIT A ' , ...~rr''"~ .. - J-U-~3.ENGINEERS,1itc, ~!~. ~„ ~ ~ ~GINicERS + SURVEI~ORS • PLANNERS Regional Office 115 NorihstarAvenue . Twin Fads, ID 831 . 208-733-2414 Fax: 208-733.9455 . wu+Rw.iubsorrr Pro}ect: 90-1Q~O20 ~ ' Date: • Aprjt 42, 2010 , PARCEL DESGRiPT1ON for CITY of MERt01AN, • ~ _ TEMPORARYCONSTRtlCTi~?N EASEMETIT` • That potion of the N©rth Y4 of Section 30, Tawnshjp 3,Notth, .Range 1 East, poise Meridian, Ada CounEy, tdaio, and Being:more part~tulariy.destribed as'fo[lov~rst . Comrri~ricing at t1?e Nortiiwest.corner df Sec'tfon 30, froth which the North Y4 corner of said ~ ~ . 5ectfon bears Nardi 84°42'09" East, ~,!i50.83 #eet; ~ ~ ' . TFiEfdCE along the Northerly bounc(ar"y;of said.5ectign, North 89°42'09" East,; 70.0't feet; THENCE South Op`75`45"''~/est; ~GS.OO feet to the point of intersection of the Southerly eight-of-way of Victory Road, and the Easterly right-of-way of ~Aericitan Road .arid Fieing the POINT OE SEGIMNING;. THENCE.'aEong the•Sautherly right-of-way of Vfctory Road ttie following; courses and distances.: ' 1. North 6T1;1'22" East, b5.30: feet;. , 2. North 85'58'45" East, $9:71. feet;: ~ . • - 3. .t~torfiFi 89~°24'51"East, 430.98 feet; • 4.. North 00"'1.7'51" West, 7:00 feet; 5: NortF~ 84'd2'Q9""East, "~,020,9b°feet; ' ' ~ . :. -. ' ' , THENCE leaving said right•of-way, South Doti 17'51" East; 100.00 feet,- . THENCE South 89'4Y0.9" SlUest, 2;020,46 feet;. . • THENCE South 00' ~ 7'51" Fist, 7.00 feet; THENCE South 89°~4'S'I° ~iYest, .4.27,4$ feet; THENCE Sairth.85i8$'45" 1Nest, 14,66 feet; ~ _ . ' .. THENCE South, 00'00'00" West, 25:15 feet;. THENCE North'90'00'00" West, 139.78 feet to the Easterly right=of=way of titeridian Road; THENCE along said right-af-way, North ~°25'45" East, a distance Qf ~4,54.feet. to! ckie P01NT pF ~ • BEG1ALNiNG_ . • The.,above described parcel contains 6.02 acres, more or less. F:tP~ajectsUU6110.10-02o AAeridian Black tat Tnatk Easementtl0-t0-020-Tem~Ease:d~x • i __ EXHIBIT B 5 S 5 S S -/ I 4 V a; ,~ M "ci ~~ .1,. w 1 m 0 ' N ~: ~~ 2 r (r a~ w~ v~ fV st OD Z vai ~'f ;~ 1 bi t 7 !. i ® ~ ~ a 0 ~ Q ~ _ ~' I: ~'~ l ~~ ~Q ~~i° s o: o a ~ Q W . iU as ~~ O m ~. ~4 ~r .oo-oo t P/~ 3„ 15,L, LAOS ~ uS ~ io rn. o <r Q r= ~ U._-- W ~ ¢ ~ iv ci ~ t°C z ~d K N ry O ~ ~ r U ~ ~ ~ -'~ a c }- Q z W N N h M ~ n O C1 ~~ I Z. ~~ ~ a~ p1 ' yr ~ fi i , r W~ 10O.QO' i~11 rq'? ~ ~: '"' ~ ~ ~ O a $~ I ~~~ or ~ N m .r c tt N r ~+ N r a rr (V ` ~'~o ~~ W hM VI ~ ~ ~. 2 io O. ~, r~ ~ ~ ~ rn:~ `~ ~ ~ Z. ~. r. ~ W ~9 ,b5`b6 ' ~b ~ 3„S4;SI.O0N C~. ~ ~ Z ~, ~ ~~~ - ' ~., -- ,~~ ~, ~,3 ~: r. k '~ C