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Sanitary Sewer and Water Main Easement with Hayden Homes Idaho, LLC for Villas at Lochsa Falls 2ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 I BOISE IDAHO 07124113 12:35 PM DEPUTY Vicky Bailey III I III I IIIIIII II I I II III IIIIII II II III RECORDED-REQUEST OF Meridian City 113~~3~~F1 SANITARY SEWER AND WATER MAIN EASEMENT THIS IlVDENTURE, made this .~~ day of \J~`~.I , 20~_between Hayden Homes Idaho , LLC ,the parties o 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. TT 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 I-29-09 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. GRANTOR: Presid t Secretary STATE OF~~E~~ pascho~leg) ss County of Ada ) On this ~~ day of 5~rle , 20 `3 ,before me, the undersigned, a Notary Public in and for said State, personally appeared ~:71Gc~r i'?s C~1uRP1n azrelr . _ known or identified to me to be the ('At~~ , of the se~pei 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 affixed my official seal the day and year fist above written. ~~ OFFICIAL SEAL ~ • ~~¢, KIMBERLY D GUTHRIE >,~• NOTARY PUBLIC-OREGON NOTARY PUBLIC FOR ~4H9 04i~Ghan .~'" '=' C ON NO. 458862 Residin at: Qe`csC.t1J-4GS C.OIXI~ MY Cc~MMiSS~~~~~ES JULY 18 2015 g Commission Expires: '1.1 ~ • o~ 1.~ City of Meridian, Idaho Sanitary Sewer and Water Main Easement EASMT.S&W I-29-09 GRANTEE: CITY OF MERIDIAN ~~a~ ~ Tammy~~`~erd, Mayor , ,~`~~S ~n ~ ` "~s> I rs n ~w 1 ~..// 1 ~r~ n ,. rs ,, cs~y at Attest by ycee L. Holman, City Clerk -:. a ~ aN w SEAL "~ rF8 °~ the TREaS~, 0.F Approved By City Council On: ~Q/ 3 STATE OF IDAHO County of Ada ss On this rd o~ 3 - day of ~ , 20~_, before me, the undersigned, a Notary Public in and for said State, personally appeare 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 _ .Q • '`~9 ~~'• e+ ~'\;~~i (SAL) ; . • ~' ~ ~F IDP-~:~~ '~...... City of Meridian, Idaho Sanitary Sewer and Water Main Easement N ARY PUB IC FO O Residing at: ~w-,~,~o~~, , i n Commission Expires: moo,,-~ ~ aol EASMT.S&W I-29-09 Leal Descri tp ion The Villas at Lochsa Falls Subdivision -Phase 2 Sewer and Water Easement -Exhibit A An easement located in NE '/4 of the SE '/4 of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the southeast corner of the SE '/. of said Section 26, from which a 518 inch diameter iron pin marking the northeast corner of said SE '/4 bears N 0°24'42" E a distance of 2637.57 feet; Thence N 0°24'42" E along the easterly boundary of said SE '/e a distance of 1892.43 feet to a point; Thence leaving said easterly boundary N 89°35'18" W a distance of 45.00 feet to a 5/8 inch diameter iron pin on the westerly right-of-way of N. Linder Road; Thence N 0°24'42" E along said westerly right-of-way a distance of 360.91 feet to the POINT OF BEGINNING; Thence N 89°35'18" W a distance of 134.07 feet to a point Thence a distance of 33.02 feet along the arc of a 25.5 foot radius non-tangent curve left, said curve having a central angle of 74°11'48" and a long chord bearing N 13°11'39" E a distance of 30.76 feet to a point; Thence S 89°35'18" E a distance of 102.26 feet to a point; Thence N 0°24'42" E a distance of 29.30 feet to a point; Thence S 89°35'18" E a distance of 25.00 feet to a point on said westerly right-of-way; Thence S 0°24'42" W along said westerly right-of-way a distance of 59.30 feet to the POINT OF BEGINNING. This parcel contains 4544 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC June 6, 2013 \~NPt LAN S a 11118 c, ~ G /o~ /~3 ~° _ !~ 9TF o F ~pP ~~ 'LTO N W NPR ~'!~ t911.J~1t~19~ ~~" Lana Surveying an° Conwlting The Villas at Lochsa Falls Subdivision -Phase 2 Job No. 12-35 THE VILLAS AT LOCHSA FALLS SUBDIVISION - PHS Z SEWER AND WATER EASEMENT -EXHIBIT B LOQ15A FM15 9UBOINSION NO. 1 1 ~4 26 25 ~~ NST. NO. 103178914 45' © 1 NpL LA NO s QF.G~'S f ~ . ^ 1 ~ (/1~.~ /1ff 8 77 P ., ~~~TTFOF~~~S~ a ON W . NP s ~i ® ~ I ~ ® 102.26' S 89'35'18' E ."' © J 1 s1 ~ N 89'3_5'18'_ _ 1 ~-~~ ~ 134.07' I I 1~ ~` POINT Of © I ® BEGINNING M m o a m © I ® 1 a I I ~ `~, Q 1 z1 1 I ® 1~ © ~ ~nl 19 UY Y p t ~ 1 m 1~ ~ 2 14 I ~ I I 1B I 13 ~ N89'35'18'W I 45.00' 0 12 ~ 1s m ~ 15 1 1 W 11 I I Y{~ 1 0 0 10 N) 01 0 50 100 200 00 O O 7 O 1 46' ~ ~~ ~~ 28 25 ~~ INST. ~~ FY I C 9JBOIV451~011 ~ 3 ~ ~ N0. 1 031 7 891 3 0~~®O~ Land Surveying and Consulting 231 E. 5TH ST., STE. A MERIDIAN, ID 53642 Izosl zsa-zoao Izosl zss-zss~ raX www.landsol utions. biz