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Sanitary Sewer and Water Main Easement with RAMI, LLC and The Regency at River Valley, LLC for Regency at River Valley Meridian Town CenterADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 1 BOISE IDAH011110111 11:58 AM DEPUTY Vlckl Allen RECORDED -REQUEST OF (I ~ I I II I II I II II ~ II I ~ II'I I' II II I II'll Meridian City 111092~~E1 Project Name: Regency/Utility easement (water and sewer lines) Project Number: RNV Parcel Number: Township/Range/Section: T.3N., R.1 E.. Section 4 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this ~~day of 2011 between RAMI, LLC, a Utah limited liability company and THE REGENCY AT RIVER VALLEY, LLC, a Utah limited liability company, 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 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, its successors and assigns forever. Sanitary Sewer and Water Main Easement 1295023-5 TI' IS E~I'RESSLY UNDERSTDt7D 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, ar 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; except for a parking lot and sidewalk reflected on the site plan approved by tlae Grantee in connection with the development ofthe surrounding area owned by Grantor. 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 tlaereaf, shall cease and become -- ~- null and void and of no further effect and shall be completely relinquished. THE GRANTERS do hereby covenant with floe Grantee that they are lawfully seized and possessed of the aforementioned anal described tract of land, and that they have a gaud 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 persaYas whomsoever. 1N t~VITNESS WI-IEREOE, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTORS: RAMI, LLC, a Utah limited liability company TI-IE REGENCY AT RIVER VALLEY, LLC, a Utah limited liability By: Bach hav ents, LL its Manager B. Gre e R.indlisbacher, Manager Address: l 1650 South State Street, Suite 300 Draper, Utah 84020 Sanitary Sower and Water Main basement 1295023-5 By: Bach Investments, LLC, its Manager By: Greg _ Ri dlisbacher, onager Address: 11650 SoutIa State Street, Suite 300 Draper, Utah 84020 STATE OF UTAI.1 55 County of. Salt Lake ) S+ ~~_~, On this day of_~.~~.p~~-, 2a7i 1, before me, the undersigned, aNotary Public in anal for said State, personally appeared Greg Dale Rindlisbacher, known or identified to me to be an authorized representative of RANII, L,LC, a Utah limited liability company, the company that executed the within instr€~rnent, and acknowledged to me that such company executed the same. IN WITNESS WI-IEREOF, l have hereunto set my hand and affixed my oi~icial seal the day and year list abq e ~ ritten. 1 ~~ Canm~ean #811803 NOT Y P ~ Niy Commfysion Et~lrea Q7(Q112015 Residing at: U ~'t ,. v ~D~~' Commission Expires:_'7 ! ~ l STATE OF 'UTAH ~ ss County of Salt Lake On this ~ ~ day of ~~~;~.~..~ e i( , gal 1,, before me, the undersigned, a Notary Public in and for said State, personally appeared Greg Dale Rindlisbacher, known or identified to me to be an authorized representative of THE REGENCY AT RIVER VALLEY, LLC, a Utah limited liability company, the company that executed the within instrument, and acknowledged to me that such company executed the same. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist abov,~r ritten. ,~ NOTARY Pl Residing at:_ Commission --- -- --- NaSryPublic Amia CFanmis~on ~ 811803 My Ct~nis~an Er~lres 07IC-1~L015 55103dUtah Sanitary Sewer and Water Main I~.asement 1245023-5 GRANTEE: CITY OF MERIDIAN Tammy de~ ~El, Mayor Al'test b~Jaycee L. Holman, City qED AUGUST !,~ G '°Q, ~ city of ~E IDIAN. IOASU w ~ C~ e' ~a J.a.aa a++ r ~TB®0<<he YYEA9~~'b, Approved By City Council On: I ynyP rri P ,,r ~ ~C71 f STATE OF IDAHO, ) ss. County of Ada ) On this_~_day of "~ ~U~' l,V`(~~%~ , 20~, before me, t under ' ed, a Notary Public in and for said State, personally appeared Tammy de Weerd and `L` ~ `'~ 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. ~L ~~ . NOTARY PUB IC FOR IDAH Residing Commission Expires: ~ - 5 ,~Q T - ~,• • • ~ ~' ~.~. ~ ~-, ~. • ,~ ~•• GF~ I[~A;i.. Sanitary Sewer and Water Main Easement 1295023-5 EXHTBI"I` A Legal description of easement QCt0~1er 2Q, 2f}tk T]FE LANA GFt4UP, FTC. Project No.11ID48 tenterGet PropeRies Regenty ai RivQr Valtey^ 31,489 Square Feet FatF•i16tT xQa Permanent Sttwcr~nd +~atcr Easemossir Aneasement being situat~t~ in a portion gf the Southwest Clna Ct~aarter o~ ti7e Narthwast Oi1e Quarter of Section A, Township 3 North, Range 1 East, Raise Meridian, City of Meridian, Ada County, Idaho, described ax foNaws: Commenting at a brass cap, whitl~ manumpnrs thQ bVest one Quarter Corner of said Section 4, thence #ralfawing tF.e westerly line Qf said Section 4, North D`12'25" East a distasc~ a1543.86 feet to a paint; Thence leaving said westerly iit~EV, South 89°4785" East a distance of 70.4!7 Feet to a point an the easterly right•of•tuay ofNarth Eagle tiaad and being the POINT dF BEGINNING; Thence leaving said easterly right-of-wey Gne, South 89 4~'~46" Easi a d~tatrce vi 37.3~t feet to a p~r(nt; 1lnante South t71'~3`29" £ast a distance of 17.59 feat tr, a pairs!; TiFertce NnrtY+ &9`37'{?4" fast a distance ~o-f 255.46 feet to a paint; '[i'sersce South 40`22'56" East 8 diSta>tce Of 31z•75'1•~t C4 d paint; Thence South 22'52`55" East a distance of41,42 feet to a point, ThErSte South 44`ZP'S1" East a distance eF it}t)_63 feet to a poirkt; Thence North 89'5186x` East a distance of 23t3.2B feeC to a palrsC; Thence 5nuth ~d5'D9'1{Y' East a distance of 39.27 Feet to a paint; Theryce North 89°51`35" East a distance of 31,36 >feet to a pa int; Ttsenee South QQ`7S'A~' East a distance oF48,f5 desk tq a point t}ry the southerly line of said Southwest p~ne R+sarter as the Northwest Qne Quarter; Thence f411owing sari spud}erly line, South B9`Si'01" West 8 dlstanrc ~sF 2{i•pb feat ~ d pair}!; Tl,pmc+~ having said snutyverly line, North pD 25'49" sNest a d15Cancx of 28.7.5 feet t4 a point;. T'h~ence South 89`5i`95" shlesta distance of 7.9.7~t feet to a paint; Ttsence.Nvrth -05`f19'10" Wesi: a distance of 39.27 feet to a paint; Thence South 89`S7'36" West a distance of 169.83 Feet to a paint, (continued) Sanitary Sewer and Water Main Easement 1295©23-5 EXHIBIT A Legal description of easement (continued} t5cla45er ~8,16~.1 germane nt Sewer ae,¢ Vda#er E asemetu# Page 1 4t Z Theroce South 4D't1i'S7" East a distance of 55.95 feet to a pQitat atu ttte sautherly>'ine oaf said Southvrest one Quarter of the Northkvest t?ne Quarter; Thence 4t~lloiuir-gsaid soutlterty line, 5dutft 89°SS'Ol° West 3 distance of 20AOfeet to d ptsint Thence leaving said soutRterly lint, North W"07'57" ~~+est a distance of 43,96 feet to a piafnt; Thersce South 89`19'26" West a distance of 74.29 feet to 8 paint; Thence h3arth 04l"12'14" East a. distance of 32,02 feet zo a point; Thence lvorth 89°51'3&" C•asca distance of 1.9+t feet to a poi€~t; Ther+ce North OO'22'Sfi" West a d~istarrce 4f 94.13 beet to a point; Thence ldorth 22°52'SC" Welt a dlstenc+a of 2.48 feel to a point; Tftence 1V~rth x'12'14" £ast a dfstattce or 7.57 feet to a paint; T:ter~Ce South 13y°5D'42" West a distance flf 3.2z feet to a point; Thtn[e Cdnrth 22'S2'S6A' >rJesc a distance trF 17.fx0 fQet iU a point; Thence hlnrth Oft"Z7'21." West a distance n6 2,Bfl,2A feet #a a pa'mt; Thence Sot;th 89°37'04" West a d'dstance aF?Gfi.BA feeC to a ;pglnt nn said easterly right-bf-way of IVorthEagle itoati; Thence following said easterly righk-of-vra~, North OO°12`25" East a distance bf 50,63 feel to the- P~41hlTS}F ~C~INNIN~~ The above-described easerne~# wontans ~~,~99 s~tuare fee#, trlvr~e gr less, sutrje~ct to a!! existing ca scn~cnts and rights of v,~ay. Atta~ried herPtc~ is Exhibit & and by this reference i;, mane a part herQOf. l~reP2red liy: ThtE LAND GROUP, q~lt", 462 t. SHQii£ DE;VVf, StlITE 206 n~~,L t`'x~y~ EAGLE, IDAN~D $3fii6 `~~' cE 206.939-441 "~3'- 2D6.939~db5 ~FAKj a 1 ~~1 (contitaued~ Sanitary Sewer and Water Main Easement 1295023-5 3 32 33 5 4 ~ ~ x~ ~ ; ~I ,f ~n ' N _: NIPOB N. r --s,~ z ~~ Situated in the SW 1/4 of the NW 114 of Section 4, Township 3 North, Range 1 East, BM, City of Meridian, Ada County, Idaho LAIy~ 7o.oa' 35"E 14216 ~~ N89'37'04"E 255.46' J '- - ..~_ .~.._ S89'37'04°W 266.84' ____ ~ i ~, RJR r~ V Ll.l E ~ `'~^ { ~ ~ ~ E E <. i i I 70.00' N89'51'01"E W 1 /4 C4R. SEC. 4 •~t ~F ~'r ~ ~A~ x. ~^' s{- ~ . ~ ~ M N W ~~~. ~ tf7 CV ~( I N ~ ' '~ (' CI ~I \~(t~ L20 L19 L18 NO'22'S6"W ~'t_ 7 __ ( ~SO'22'51"E 9413 ~I 10fl.63' L16 ~ N89'S1 `36"E 238, 28' ~ _ - ~(~. '. o - L5 L14 ~ i ~ S89'S1'36"W 168.83' o L~ _, `~ ~ 279.89' -,. ~' °~ '74.54 `' L12 L7 E. RIVER VALLEY ST. ,~ Permanent Easement ~ ~-- rxr.mwru scut r - iao' 8~ ~ z~rm GR°~ s~°.r ras oetd er x~e~ ro-; r~ s ® rri® a txcot~oear~ Sanitar Sewer & Water ~eY . . ,~~ -~~ C-F !e i0G y ~ ~~ i JJ :C c r 9ieM Hm 1t ' 3 5 Easement r ~3 ,. <.9 9.444 ' r°<<M.°° ® ~~ Regency at River Valle E3 E ~ ,. a4•y, y ~~... ~. u. %. ~..., °:rrr ~ y Meridian Idaho X Situated in the SW 114 ofi the NW 114 of Section 4, Township 3 North, Range 1 East, BM, City of Meridian, Ada County, Idaho Line Table SEGMENT LENGTH BEARING L1 37.34' S89'47'46°E L2 17.69' St'33'29"E L3 41.42' S22'S2'Sfi"E L4 39.2T S45'09'10"E L5 31.36' N89'S1'35"E t_6 48.15' SD'25'49"E L7 20.00' 569'51`01"W L8 28.15' NO'25'49"W L9 19.74' 589'51'35"W L10 39.2T N45'D9'10"W 1.11 55.95' 50'07'57"E L12 20.00' 589'51'01"W L13 43,9$' NO'D7'S7"W L14 74.29' S89'49'26"W L15 32,D2' NO'12'14"E L16 1.94' N89'St'36"E L17 2.48' N22'S2'S6"W L18 7.57' NO`I2'14"E L19 3,22' S89'50'42"W L2D 17.60' N22'52'S6"W L21 50.0T ND92'25"E ~~ ~ ~ = ~ ~ ~R°~' ~f°! f~c Daly e! F~umcc ID-2Cr2611 11~ IN Sanitary Sewer & Water °~~bY rn t e ~~ °'~ X62 fusi c~;;~e Grlve, ~:r~l@ IGO ° `'° ~ « . ~~' "` ~ e Easement 5.934.< a5 ~ 4 ,~ . "~.~°,,,,-..,~".. ~._.,,.~~..~~< °~~° ° ` ' Regency at River Valley ~~ ~~ ~"~ ' " ' "°' ""~''~°' Meridian Idaho