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Sanitary Sewer and Water Main Easement with Corey Barton Homes, Inc. dba CBH Homes for Crossfield Apartments Crossfield Sub #4ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 11 BOISE IDAHO 03121!12 12:49 PM DEPUTY Gail Garrett II' IIII�II'll'IIII"f (I�II'IIII �I I'll RECORDED -REQUEST OF 112025434 Meridian City SANITARY SEWER AND WATER MAIN EASEMENT �20 IS INDENTURE made thisday of r , 2012, between TH. BartonHomes ba CBH Homes, the parties of the first part, and hereinafter called the Corey Inc.,, Grantors, and nd the Cit 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 remises and property hereinafter particularly bounded and described; and p p p 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 otherg ood 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. 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 p 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 laced within the area described in this easement that was placed there in violation yt g p of this easement. Crossfield Apartments Sanitary Sewer and Water Main Easement EASMT Sandal THE GRANTORS hereby covenant and agree that the will not lace or allow to be 1 Y p paced 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, the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should an art of the Yp right-of-way and easement hereby granted shall becomep art 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. p Y 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 a good ood 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. GRANTORS: COREY BARTON Corey arton, PreN 1977 E. Overland Road Meridian, ID 83642 Adair Koltes, Secretary Crossfield. Apartments Sanitary Sewer and Water Main Easement EASMT SandW STATE OF IDAHO ss County of Ada On this day of �rb � L'ka Y�A 2012, before me, the undersigned, a Notary Public in and for said State, -P&sonally appeared Corey H. Barton and Adair Koltes, known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have here and year fist above written. NLA 0 0 IN -� 0 oTAR y lee 0 (SEAL)` PUBLIC 00 000 0 0 0 0 set my hand and affixed my official seal the day GARY P�JBLlt'FOR IDAH siding at: MVMAr-bin, ( a Commission Expires: iQ % �',q•••••�p 7E CE ®, GRANTEE: CITY OF MERIDIAN Vl D A 0 Tamm de eerd, Mayor City of E IDIAN IDAHO AV AV Nl-- SEAL Atte4# Ja c e\J- Holm , it '�'� ���� y Clerk T R I h Approved By City Council On: qqV-rA ') 0 ') 0 1 a Crossfield Apartments Sanitary Sewer and Water Main Easement EASMT SandW STATE OF IDAHO ) ss. County of Ada ) On this Z o day of ffNqrc�� , 2012, before me, the undersigned, a Notary Public in and for said State,p ersonall a eared Tammy de Weerd and Taug,2%a T u a, 44tni jares known to me to be the Mayor and City C rk, respectively, of the City of Meridian, Idaho, 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. •0$00•.00! .• g1 \ • SEAL '<I s NOTARY PUBLIC FOR IDAHO Residing at: AJA e,. , -Z. Q Commission Expires: i - 2.. - Crossfield Apartments Sanitary Sewer and Water Main Easement EASMT SandW /I February .2.) 2012 CROSSFIELD SUBDIVISION NO. 4 SEW'E.R AN'D'WA rl -`E IR EASEMENT FOR 0"I"Y OF M'ERIDIAN Easement for City of Meridian sewer and water factlitles, located in Lot 5, Block, 4, Crossfield Subdivision No. 4, lying iii Governn-ient. [.,ot 3, Section I., "I".3N., R. I W., B.M., City of Meridian, Ada County, Idaho, more particularly described as fo a , I , Rows: Con-mi.encina at the North 1/i corner of Section. L -from which the northwest cortler of said Section 1, bears North 88"42'3)2"West. 2662.1 6 fieet; ]'hence North 88'42"Y" West., 20.00 feet along the north line of Section I to the northeast corner ofCrossfield Subdivision No. 4,, filed in Book 104 of f-1-lats, at Ilao-e 14054, records of Ada County, da o— "hence along the east boundary of saidCrossfieldSubdivision No.4, South. 00'07'34" West, 2.08.40 f�ect to a point on the east 1.1ne ol.*'f..,ot "'. 131ock 4, Crossfiield Subdivision NoA, the POINT OF BEGINNING of this easenient description; C Thence continuing alono' s"Aid, east line, South 00'07'34" West, 26.00 feet to a point* Thence leaving said east line,, North 89'52'25)" West, 7.45 feet to a point of curvature, Thence along a Curve to the right 74.97 ['eet, said CUrve having a rad.i us of 5 13 5.00 feet. a central an<yl.e of 08".2225 ", and a long chord which. bears N orth 85)'41'1.2" West, 74.91 feet to a point of tan gency,- 4'hence North 8 1 0)0100" West 5 8.13 -.f et to a point * Thence South 08'30'00" West, 1.01.228 feet to a point of curvature-, Thence along a curve to theleft 24.2)7,feet., said curve having a radius, of 137.00 feet, a central angle of 10'09'05"',, and a long Chord which bears SOLIth.. x:.)'25'28" West 2424 J`eet to a potnt: 'I"hence North 78)51'44" East, 1.84.6e.et to a 1 --mint, Thence South 11'08'16" East. 0.00,6eet to a point.: Thence South 78'5 1'44" West, 33.69 feet to C-1 point on a Curve; Thence along a curve to the left 2.58 feet. said CUrve having a radius of 137.00 feet, a central angle of 01'04'44", and a long chord wh.1ch bears South 10'-35)'5)4" East. ',).,.58 feet to a pol.r.1t I of tangency; Pmx I of') 1"hence South 1.1 00816" F'4"ast. 41.4-5 feet to a point of curvature; ]_'hence along a CUrve to the rialit 32.04 feet, said cur vel-mvino, a radius of 1.6 3.00 feet, a central ano-le of 1.P 1 , 0 ", and a Iono chord which bears SOLIth. 05)' 30'21 " East., 31.99 feet to a point of tangencyl,; Thence South 00'07'.' )4 " West, 11.06 1`eet to a point". Thence South 89'5)4'2 8" East, 17.3 )2 6eet to a i)oint:1 Thence South 00'05'3)2"" West, I 5.39 t`eet to a ponit on the south boundary of said Lot 5 Thence North 89'5_T2_'1')" West, 4.33 feet aloe said South boundary to a point - Thence North 00'07'3 )4" East, 1. 1L.95 'feet aloncy said South boundary to a point: Thence'Nor th89"14'3 36" Wes -L, 3 ) 9.00 'feet C,11.om,) said south boundary to a point - Thence leaving the southboundary of saidl.,ot 5, North 00'07'34" East, 13 ).06 feet to a point of curvature; Thence along a curve to the left 26.93) t'eet. said curve having a radius of 137.00 -feet., a central. angle of 11 '15'50"., alld Ci lwi.� chord which beat -s North 05' 3 50'21 " West. 26.89 feet to a point, of tan(Tency- Thence North 11 008'16" West, 41.45) 1."Cet to a point of curvature; Thence alon(T a curve to the rioht _55).87 feet. said curve having a radius of 163.00 feet, a central ancyle of 19'38'16". and a to chord whtch. bears North 01' 19'0 "" West 5.-) feet to a point of tan-cyency- Ln 17hence North 08'30'00" East, 1. 0 E'2_8 t.`eel 'to a I)Olnt.* ]"hence North 8 1'30'00" West, 74.00 feet to a point of ct.-Irvatut-e- "I'hence along a curve to the left 1. 7.60 feet* said curve having a radius of .1. 87.00 feet, a central angle of 05 )'23'33 ", and a to chord which bears North 849 V47" West. 17.59 -feet to a point*, Thence South 072813" West, 29_30 fieet -to ;i I)oint; "F hence North 82031'47" West, 20.00 `eet to a point; Thence North 07,218'13 ) " East, '2.6.68 feet to a point on a curve:, I M ER ]DI A N1­SEWER.1_1WA'F1__RJASE doc Thence along a curve to the left 4D .45 1,eet., said Curve having a radius of 1. 87.00 -feet, a central ande of 13)'5_'5`_)7", a (a long chord Nvhich. bears South. 79'5744" West, 45.33 I`eet to a point of tame 4=acv; Thence South 73'00'00" West. 44.46 -fect to a point of curvature: Thence alon,(�y a curve to the -lei! 71.67 -feet said ctirve havino a radius of 87.00 -feet, a central aI1()'leof47`I_T00" Linda long cliord which bears South 49'24'00" 'West. 69.66 feet to a point C> 1� I of tangency; Thence South 25'48'00" West., 67.1.6 -feet to a point: Thence South 64'12' 0 " Ealst, 3 3 ).00 feet to a Point. 1.0. 00 -,Feet to a pon-it; Thence South 2)5)'48'00" West', Thence North 64'1.2'00" West, 33.00 feet to a potrit, `fhenceSouth.25 )'48'00" West,, 61.141'ect to a point Of Curvature* 71"hence along a curve to the teft 38.03) 1,eet, said curve having a radius of 87.00 1:'eet, a, central ancy-le of 25'02'36". and a ono chord which bears Sotith. 1.3"1642" West, 37,72) sect to a t) C� point of tan-�ency. "I"hence South 00045124" West, feet to a point; 'I"hen-ce South 89'14'_36" East., 29.82) I"eet to a Point; Thence South 00'4524" West, 4.98 f`eet to <a point on. the South. boundary of said of 5-, Thence Nortli 89'14'36" West, 55).821eet;.M.on4 said south botindary to a point, 'Thence leaving the south boundary of saidI..,(.-)t _'),'North 00'Z/15'24" East, 8.25 teet to a point 0.1., curvature.*, `rhence along a curve to the ri aht 49.3 ) 9 I'Cet, said curve havincy a radius of 1. 13 ).00 feet, a central angle of 25'02'36", and a to chord whicli bear s'North 13'164.2" East, 49.00 -feet to a point of tangency; Thence North. 2_5'48'00" East,, 2) 3 ) .210 ilea to a Pon.11; Thence North, 64'12'00" West. _"V3.00 feet to t,l 0111L I -P I Thence North. 25'48'00" East., 2-0.00 -f et toa j)OIIAt.* Thence South 64'12.,'00" East, 3.3.00,beet to a Point, a,--, e .3' o M FIR I D I A [", W A'11.11' Rj A S E. doc Thence 1i-th 25 )'48'00" East, 105 Al 1: et to a, ponit of curvature. Thence alono a curve to the right"),'5 feet. said ctirve havincy a radius, of 1 3 ).00 feet, a cc n t R aI e o -11' 0 1 ' I 1' 4 an.d. a. I o n o' C ho.rct wliich bears North M">47" Ea,st, 2.35 feet. to a. Point', "I'lience North 88'59','2_O" West, 194.51 !"ect to a Point (-,)n d-te west boundary of said Lot 5), Thence North 01 '1 728" East, 3.35 fleet along said, West I)OLIndary to a point*, '17he.n.ce South 88'42'3)2" East, 98.8 1. feet alono solid west bOUndary to a point* Thence North O1 nIT28" East, 4.9."-) -6eet alont) said west boundary to a point of curvatu.re: Thence alorio- said west boundary and almig a curve to the rialit 112 3 ) feet, said curve havill" a ratans of 86.00 -feet, a central ancyle of., 08'09* 03". and a ]on -d wh*ch 'bears North 05'22'00" East. z:l - g choi I � II)") feet to a pointy TI'lence leaving the west bOL'Indary of said f_,ot South 88"'59'20" East, 107.22) 'feet to a, on.it 11 0a� CLII'Ve* `f hence along a curve to the right 8.04 Iyet,, said curve haviti.cy a rachus of I 1 .00 -feet., a central anale cif 04'04'30", Mid a lon L), chord which bears North 41.'x. 0 1" East. 8.04 feet to a P01,1111; I'limce North 40'00'16 " 'West, .12.04 teet to a point, "Hiet'ice North 490,5944" E"ast, 20.00 'Ie et to z -I point; C1 `9 reet. to �-.i point on a curve, J, her.1ce SOLIth 40'001. 6 11 E'- st, I I _3 TealnL-0 LI-i-vetothe ritght 39.0-4 eet, sai d CUrVllc'l\ing a radiLIS Of 1 1100 icet, a _3 central angle o1' 19'47," ". and a Iong a point of tan,encv: chor wbci bears North6306'051'asI," 8.85 I'eet to t) Theiice North 73'00'00" East, 30.72 test to a point*. Thence North 1.7'00'00" West,, 3 x.00 feet to a Po i- n't "ri-ictice North 73'00'00" East, 20.00 feet to Ca POHIL., TIICIICe SOLII-h. 17'00'00" East, _3'31.09 I'm to ta. Poflit on a curve; MF-.'RIF)IAN SFIM."R. WAT'E"R EAS.[:.,doc Thence along a Curve to the right. 88.54 :(eek:, sc-lid curve having a radius of 2 1. 3 .00 feet, a. central angle of 23'48'58 ", and, a long chord which bears North. 86'3 5' -' )1 East, 87.90 fieet to a point of tancTency- b "I'hence South 8 1 x'00" East, 94.72 feet to a point: The.nce North. 07'27'00" East, 9.15 yet to a PoInt; Thence South 82'-")-')'00" East, 20..'36 �feet to a point; eet to a poiiit: The-nce North 07".17'00" East, 233. 330 1' Thence South82'-' )-' )'00" East, 20.00 -6eet to a point,* Thence South 7°2T " West, 31 3 .1 tee -t to a po of ii t; 'I"'hence South 8 1 0-3 0'00" East, 2-3. 04 1`bet to ci. poi nt w )'I:'CUIA/atu.re; Thence along a curve to the le -11 71.17 1'eet,, said curve having a radius of 487.00 feet, a central angle of 08'22*12)", titid a long chord which bears South 85'41'1,?-'* East, 71.11 feet to a point of tangen.cy,- Thence SOLIth 89'5"2-'2)5" East, 7.4.) 'feet to the POIN` " 0.1" BEGINNING of this easement description. Said easement contains 30,041 SF.... more or less. I- LA A16 - 'A' x 0 11118 tiT0V 0 F �O A/ w \A 'i 'pag , C' (A'5 '. STCK ROAD 8 *4 '32" W 2662,16' (BASIS OFBEARING) '14 3 6 00 -- N 88.42'32" gn,nnt ()A ' ... ....... .__._............ ...... . .......cp I POINT F BEGINNING OF y SEWER & WAS EASEME� � ' 2-1 L52 L-54 / r C7 Lia L21 Ll 9 cl L45 L5o L2 py vo L -00 I L15 1-10 L1 w 44j L13 L1 --M Ll tr-1. G E N 1 - SEE SHEET 2 OF 2 FOR CURVE AND UNE TABLE DATA. 2. SEWER AND WATER EASEMENT CONTAINS