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Sanitary Sewer and Water Main Easement with Touchmark of the Treasure Valley, LLC for Meadow Lake VillageADA COUNTY RECORDER Chrisbpher D. Rich AMOUNT .00 10 BOISE IDAHO 08125111 02:13 PM DEPT ~c~ Allen III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII RECORDED-REQUEST OF 111068991 City of Meridian SANITARY SEWER MAIN EASEMENT THIS INDENTURE, made this 12 day of August, 2011 between Touchmark of the Treasure i s of the first art and hereinafter called the Grantors, and the City of Valley, LLC, the part e p , Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: w'HEREAS, 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 constructed by others; and WHEREAS, it wi11 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 sanitary 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 1-29-09129-09.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 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. GR OR: President ~1 ~ ~ -~-~ Treasurer STATE OF OREGON ) ss County of Washington ) On this ~~- day of , 20~, before me, the undersigned, a Notary Public in and for said State, personally appeared ~ ~n0~;~ S ~ M~ ~ and "~ ~- l.~ ~ known or identified to me to be the President and Treasurer, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. TN WITNESS ~4'T~EREOF, I have hereunto set my hand and affix d my official seal the day and year fist above written. -~~ ~~~ ~, 0 F F! C i A t S E A l NOTARY PUBLIC FOR OR GON ~~~ ~ CHRlSTENA ADRlANNE KRIE6ER ..... . ,~ '~~..,,~,. NOtARY ~I~REGON Reslding at. Tu,SC~~~, ~~- • COMMISSION NO,Aa~a268 Commission Ex Tres: `' MY COMMISSION EXPIRES DECEMBER 16, 2011 p ~~ ~ ~~--- City of Meridian, Idaho Sanity Sewer and Water Main Easement EASMT.S&W 1-29-00 n GRANTEE: CITY OF MERIDIAN .:~ F ~ ~~///jJ ~ } 7 V ` ~ ` ~~ Tammy de W er ,Mayor ~ ~°~ ~~~ ~ ~ ~ ;. f `5 s~ ' ~. ~. r r,~ / r ~"'y, ,~ ~Ls ~ ~. Attest b Ja e L. Holman Cit Clerk ~~~, ~ ~ ~ ~~ ' ~~~' ; ~ , Approve~y City Council On: STATE OF IDAHO ) ss County of Ada ) On this ~~~ day of ,20 II ,before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE L. 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. r •~"~•~s• ~ ~~r . •• ~ ~ 'J ~N !•. ~,~rfiAR '~\~' . ~,~ ~ ~ N ARY PUBL C FOR IDAHO ~?~~EAL) '; Residing at: i ~~~ ' i . ~, ~ Commission Expires: ~ le~..y~ ~ , ~~ 1 • t Q. T_ .,s~~,rE o~ ;. /'~''~ City of Meridian, Idaho Sewer Main Easement EASMT.SEW 1-29-09129-09.doc DESCRIPTION FOR TOUCHMARK, MERIDIAN, IDAHO 2011 SEWER/WATER EASEMENT AUGUST 9, 2011 AN EASEMENT LYING IN THE NW 1/4 OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID NW 1/4 SECTION 16, THENCE N 89°23'35" W 625.37 FEET ALONG THE SOUTH LINE OF THE NW 1/4 OF SAID SECTION 16 TO A POINT; THENCE LEAVING SAID SOUTH LINEN 85°44'30" W 25.58 FEET ALONG THE NORTH RIGHT-OF-WAY LINE OF FEDERAL INTERSTATE 84 TO A POINT, THENCE N 00°00'00" E 246.53 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 00°00'00" W 65.85 FEET TO A POINT; THENCE S 89°23'35" E 167.67 FEET TO A POINT; THENCE N 23°10'23" E 31.68 FEET TO A POINT; THENCE S 89°23'35" E 86.46 FEET TO A POINT; THENCE N 23°10'23" E 222.5$ FEET TO A POINT ON A CURVE; THENCE ALONG A CURVE TO THE LEFT 35.01 FEET, SAID CURVE HAVING A RADIUS OF 203.5 FEET, A CENTRAL ANGLE OF 09°51'23", TANGENTS OF 17.55 FEET AND A CHORD WHICH BEARS S 43°03'53" E 34.96 FEET TO A POINT; THENCE S 23°10'23" W 270.74 FEET TO A POINT; THENCE S 89°56'34" W 242.50 FEET TO A POINT; THENCE S 00°00'00" E 22.23 FEET TO A POINT; THENCE N 90°00'00" W 29.00 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; BEARINGS HEREIN USED ARE BASED ON THE SOUTH LINE OF SAID NW 1/4 OF SECTION 16, BEARING N 89°23'35" W. ~-~ DEAN W. BRIGGS '` P.L.S. 3619 ~U~ti'~ ~~~1.~ ....~IJ~4B~~ ': ~~~.TA ~1~5 W~'~~iN ~iA1~G~:l~~~ ~~3R~ ~H~~ k~i~Li, ~~~~~r~U~~ ~. . ,,. 1 ~. ~ N~•4.~'~~,1~ ~ E ~ 1.11 .~! f ~4 5" E S ~9'~ ~'~ 86.4' n ~~ ~ ~~4 3~tf~.3~ ~ L~~,~~~ l~ J ~7~~~f«J~~ 1~ ~'3~:~~t r---f~..~._..-..,. .. ~s3 t rr~~ 1 . ~. 1 `i ~ r1~ 1-~~ I N\. ~~ ~'~" ~ f ~ <. 'Ir, ~~ ~ '' .. f ~.. kt i } ! ~:~~~ 7 ~ ~ ~ J1 ( I j ' ~ ""~ , 3 ' <~,: i 3 r~ >': j" c~. ~r } , ..~ - ~ s ,;r~. .~. ~~ { y~ ~ ~ ~,,. ... i. ! 1 ,.,,....,, ....,.,_ ..,..,..,,,.,._. ~t~~l~ ti~.j ..., b t i{~ } fi ,~ _ .,,. .. , ~'' ~yp ... ... ..... • .. r., :~'~W~-R ~'S~ ~ jj ~ ` s: a.^y+..,.E ~I~~~ ~~ ~ ~ ~f'1~J~ 1F~~~ ~~/~J~~i,M,~Y ~ ...__ _..---. 1 ~i~i~ti ~ ~~LIt~4 ~~I,d !~ ~' :~ ~ `~t~ ~ ~ x ~ t. *f ~.. , ;~ ~'~ '~ ;:<: _ I '„~., .... ~ ~ . jN,; F ~~~ 1~?3~5~~?1 ~ iN~'f: r1~C rt~ZG6 ~%8F . , rt ` . ,~ ~~ ~~ ~~ ~~~ i 2~~ ~~~ .~ .~~ ~ ~~ ~ i 'M .LJL ~..-~ .f. ~ ~ LJ~..~ mow" ~..5' ` _ 1 ~~~~ ~ ~~ ~~ ~'VA~~~~~R ~ 5~~~~ EA~~MEN~" r J ~Ie ~r L..3 :.i ~w y~y li ~j ~ ^. i a `... .. >'.~. 1 .. ... ADA COUN?Y RECORDER Christopher D. Rich AMOUNT .00 5 BOISE IQAHO 08130111 02:58 PM DEPUTY Lisa Batt III II~IIIIIIIII~I'I'llllllll'I'lll ~II RECORDED-REQUEST OF 111079312 Meridian City SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this 12~' day of Au ust 2011 between Touchmark of the Treasure Valley LLC, 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 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, replacement and additional connection thereto of water or sanitary 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 connections to the sanitary sewer or water 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. City of Meridian, Idaho Sanitary Sewer and Water Main Easement EASMT.S&W 1-29-09 ANTORS hereb covenant and agree that they will not place or allow to be THE GR y . n ermanent structures, trees, brush, or perennial shrubs or flowers within the placed a y p ribed for this easement, which would interfere with the use of said easement, for area desc the purposes stated herein. THE GRANTORS hereb covenant and agree with the Grantee that should any part of the y ri ht-of-wa and easement hereby granted sha11 become part of, or l1e w~th~n the g y boundaries of an ublic street, then, to such extent, such right-of way and easement yp hereb ranted which lies within such boundary thereof or which is a part thereof, sha11 yg 1 cease and become null and void and of no further effect and shall be complete y relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and assessed of the aforementioned and described tract of land, and that they have a good p and lawful ri ht to convey said easement, and that they w111 warrant and forever defend g 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. GRAN R: t President ~~ ey,,..~..-- Treasurer STATE OF OREGON County of Washington ss On this i?~ day of ~ ~5 , 20~.., before me, the undersigned, a Notary Public in and for ' na11 a eared `~ o S~ fro and T ~oma ~'~ ~~ known or said State, rcrs• y pp ~, identified to me to be the President and Treasurer, 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 affixe official seal the day and ~_ ear fist~~~'~t'~,~,en. ~~t= ~~~ ': ~ CHRISTENA AORIANNE KRIEGER ~~~:~~~~ NOTARY PU6lIC-OREGON ~~~ 'COMMISSION N0. A424268 NOTARY PUBLIC FOR 0 GON MY COMMISSION EXPIRES DECEMBER 16, 201 EAL) . Residing at:1~~`~~~ar~ ~~~(~~ Commission Expires: 1~11~ ~ ~~ City of Meridian, Idaho Sanitary Sewer and Water Main Easement EASMT.S&W 1-29-09 GRANTEE: CITY OF MERIDIAN e 0 i / f l <, Y1 ~. ~ ~ • W ti~ r~ ` ,,k. ~'T ,9 4C JE ,L{~t,t~~f^ ; ~A .~' M y~~ ~ `~ ~' ¢ ~. Tammy de Weerd, y ~ ~ ,. ~ ~ ~ ~~ :, °~` ~ d i s S y~ ~. ~ ..n. 4 fvk y ..., ~''>~ ~ '~~,•'+;'~ .. ~.R` x few mow, ~~~ "~• y ~~ + .yam, •~ a~ ~h A A M YµV'Zt r. m,mw+' t R T:'' t r~'^s A st by cee L. Holman City Clerk ° i ~ ~ °~ ;~ p ~ , a .. ~~~~ ~ ~ 4 •~ r r~' 'S 1 L j.;tS~~c 1~3 ~; A roved B Cit Council 0 • ~°"~ ~ ~ pp y y STATE OF IDAHO ) ss County of Ada ~ On this. day of ,201~before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE L. 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 V4'HEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,, ~..... .~ A ~. •• ~?~ ~ '~~`~`~ ~ P B IC FO AHO • ~,, o ,~ ,~ ~ TAR U Residing at. ~o~in i Commission Expires: ~~ ~ ~.. . ~ ~ • ~ r i ~ ~ • ~~ ~I ``+w -- rJ ~~..... City of Meridian, Idaho Sanitary Sewer and Water Main Easement EASMT.S~W 1-29-09 DESCRIPTION FOR TOUCHMARK, MERIDIAN, IDAHO 2011 Sewer Easement AUGUST 9, 2011 AN EASEMENT LYING IN THE NW 1/4 OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NW 1/4 SECTION 16, THENCE N 89°28'47" W 571.78 FEET ALONG THE NORTH LINE OF THE SAID NW 1/4 TO A POINT; THENCE LEAVING SAID. NORTH LINES 00°31'13" W 60.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF E. FRANKLIN ROAD, ALSO SAID POINT BEING THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 89°28'47" E 20.00 FEET ALONG SAID NORTH RIGHT-OF-WAY TO A POINT; THENCE LEAVING THE SAID NORTH RIGHT-OF-WAYS 00°31'13" W 65.00 FEET TO A POINT; THENCE N 89°28'47" W 20.00 FEET TO A POINT; THENCE N 00°31'13" E 65.00 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; BEARINGS HEREIN USED ARE BASED ON THE NORTH LINE OF SAID NW 1/4 OF SECTION 16, BEARING N 89°28'47" W. ~~1 DEAN W. BRIGGS ~', ~~ P.L.S. 3619 LEGEND Found Brass Cap o Found 5/8"x30" Rebar - - - - Boundary Line - - - Existing Property Line Section Line ------------------------------------ Survey Tie Line ------------------ Proposed Easement Line ss - - - - -~ Existing Sewer Main S DO°31' 13" W N 89°28'47" W 571.78' 60.00' FRANKLIN RDAD ___-_ss ' N 1 4 CORNER POINT OF S 89'28'47n E 20.00' FouN BRASS CAP C.P.&F. N0. 830998 BEGINNING ' ICI ICI III I b I ~ ~ ~ N 00'31' 13" E ~ ~ S 00 31 13 W 65.00 65.00' N 89'28'47 W 20.00' N. .] L ~~ 100 50 0 100 200 300 SCALE IN FEET REVISION BY: TOUCHMARK L.L. C. - MEAD OW .LAKE VILLAGE sHEET : 1 OF 1 SEWER EASEMENT ~~ ~ DWG DATE: DWG N0. SCALE: ADDITIONAL EASEMENT.DWG 08/08/11 JTA 110602 1 "= 100' BRIGGS ENGINEERING, INC. ~~ BRIGGS ENGINEERS PLANNERS SURVEYORS 1800 W. OVERLAND ROAD ~ BOISE, IDAHO 83705 ~ (208)344-9700 These drawings, or any portion thereof, shall not be used on any Project or extensions of this Project except by written agreement from Briggs Engineering, Inc.