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Sanitary Sewer Main Easement with Diamond View Assisted Living, LLC for Diamond View Assisted LivingADA COUNTY RECORDER J. DAVID NAVARAO AMOUNT .00 E BOISE IDAHO 04/29110 12:17 PM DEPUTY Lisa Batt RECORDED-REQUEST OF II I I (I I II II I () I II I I~ I I~ I ~ II II (I') II~ Meridian City i 10039 10 SANITARY SEWER MAIN EASEMENT /~`~~ 1 L , 20,~between THIS INDENTURE, m e this ~ ~ day of ~iA>n~.~ ~~t~a~~,s~s~sl ~ivin~C~~ Lt,L ,the parties of the first part, and 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 main right-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 construct~l 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 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 sanitary sewer main at the convenience of the Grantee 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 main and its allied facilities, together with maintenance, repair, replacement and subsequent connection thereto of salutary sewer mains 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 performing other maintenance or making subsequent connection to the sanitary sewer main, 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. City of Meridian, Idaho Sewer Main Easement EASMT.SEW 1-29-09 t- 29-09.doc 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 possessai 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 fast herein above written. GRAN' ti '~ -President - M A-L7 Gam' C~ MEm6s€~. Secretary STATE OF IDAHO ) ss County of Ada ) On this ~~ day of ~ f t ~ , 20 \ ~ before me, the undersigned, a Notary Public in and for said State, personally appeazed S'e o7r- ~.7F~K/~1 S and known or identified to me to be the ~ A ~~~ ~ ~ espectively, of the corporation that executed the within instrument, and ae~now~'ecrgec`~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 fist above written. ,: ~- _: 41''J'y~'.~ O Ciry of Meridian, Idaf~i~~ ~,°'s.,op..~...-~''~f Q' mow: 29 09 dMain Easement ~'~~~.q ~E,O; ; a~~ NOTARY PUBLIC OR AHO Residing at: Commission Expires: ~ a EASMT.SEW 1-24-09 1- GRANTEE: CITY OF MERIDIAN ~~ 17~v~d ZaYe~nnbo., Ac+~~y Mayn/ by~~cee L. Holman, City Clerk Approved By City Council STATE OF IDAHO ) ss County of Ada ) ,, ~ -9,L c GC '~O~O ~~ \~ ~: 9Q ~T iS~ ~, ~p ~;, -9 P ,\. On this ~_ day of~Fy~,_ , 20 l O , before me, the undersigned, a Notary Public in and for said State, personally appeared and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respecttve~fy, o t`f ~ity 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. •+""•• .•~lCA J~1~r• '~ (SEAL) `,~ ~ ~ ~ • ~ ~ ~ • ~ ~ • ~` G ' Oi • •••; %'E OF ~:•• •...... Commission Expires:, City of Meridian, Idaho Sewer Main Easement EASMT.SEW 1-29-091- 29-09.doc COMMENCING at a 5/8-inch iron pin marking the southwest corner of said SW1/4 of the SW 1/4, said point referenced in C.P.&F. Instrument No. 1663000966, on file in the Office of the Recorder, Ada County; thence along the south boundary of said SW 1 /4 of the S W 1 /4, A) 5.89°17'05"E., 1476.27 feet to a point on the easterly boundary of a parcel described in Instrument No. 108038540, on file in the Office of the Recorder, Ada County; thence along said easterly boundary, 1) N.21 °47'34"W., 327.34 feet to the POINT OF BEGINNING; thence, 2) 5.82°12'06"W., 26.58 feet; thence, 3) S.00°42'05"W., 56.90 feet; thence, 4) N.89°17'55"W., 20.00 feet; thence, 5) N.00°42'05"E., 74.13 feet; thence, 6) N.82°12'06"E., 38.83 feet to a point on said easterly boundary; thence along said easterly boundary, 7) 5.21 °47'34"E., 20.61 feet to the POINT OF BEGINNING. CONTAINING 1,964 square feet, more or less. L:\Project Files\C08051\Survey\Descriptions\Exhibit A 20' Gravity Sewer Esmt.doc This easement is situated in a portion of the S W 1 /4 of the S W 1 /4 and the SE 1 /4 of the S W 1 /4 of Section 28, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho and is more particularly described as follows: EXHIBIT "B" FOR 20.00-FOOT GRAVITY SEWER EASEMENT i~ N82' 12'06"E ` 38.83 ' I 521'47'34"E ..+ ' ~r ~i 20.61 ~ POINT OF I I ~ BEGINNING ~ I ~582'12'06"W ~ ~ \ 26.58' ~' ~ O~^ ZI N~ N O! \ O 'l S~ ~" " ~ \ ~ I p N I \Y ~ V~ i~ ,i 20' I \ ~p~{~Cjv 20' 10' 0 20' 40' LLL7"-" \ GG OS I / • ' ~ \ ~~ ~~ scuE: , a 4a Nas•t7's5'w 20 00• ~ \ So~~G° 4 . \ I \ ~ ~~ l I \ \ 5 ~ j y \ 2 \ LEGEND ~ A o~ \ - - - - - EXHIBIT LINE °W \ ~ cs ~ \ o \ - - - - BOUNDARY LINE - SECTION LINE - \ q ~/ ~ LINE NOT TO I \\ SCALE c"> FOUND 5/8" I IRON ROD \ r '~ G \ ~ CALCULATED P NOT SET ~ ~ OINT, ~ ,~ `1 a1 \ y~ ~ \ { ~0~~~ ~ ~' \ ~ ~ \ °~ ~ \ w! \ ~ I \ ~ POINT OF COMMENCEMENT \ w ~ \ V] CP&F INST. ~t663000966 \ 2s ;., 28 __ E. AMITY ROAD w~ /~ s :. n----------~5----------------------~-- 32 33 ~ S89't7'05"E 1476.27' Pfto~ECr No. DIAMOND VIEW ASSISTED LIVING C08051 °"` 4 ~o EXHIBIT ')$» ~~ ~ - e!swNa~rrrn DIIAIM 8f: -~- ~: "vi :ir'~ »wox ~wwr„ «e m.. SHEET `~~h~, ~.~ of ~ SEWER & WATER EASEMENT By; ~•C. CAR?ENTER PE --•~-~~,-•~ AOA COUNTY t0AH0 FRITZ BROWNELL PlS