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Sanitary Sewer and Water Main Easement With Meridian Auto Mall for Meridian Auto MallADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 ~ BOISE IDAHO 01/16/14 03:39 PM RECORDEDSREQUESTOF III II~IIIII~~~~~~~~~~IIIIIIIIIIIIIIII Meridian Cily i 14004223 SANITARY SEWER AND WATER MAIN EASEMENT -fin ~o t 1 THIS INDENTURE, made this ~ day of ~y ~n , ''z&13 between Meridian Auto Mall, LLC, the parties of the first part, and hereinafter called t 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 miderground 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, it's 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 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. Sanitary Sewer and Water Main Easement EASMT.S&W 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~~ c David Blewett, anager STATE OF IDAHO ) ss County of Ada ) On this I( day of 1 \1 cS~l C~~YV~1QJ, 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared David Blewett, known or identified to me to be the Manager, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. TRESSA SHUTTLEWORTH Notary Public State olldaho I~TOTARY PUBLIC FOR IDAH~ Residing at ,SDD IAA v~C.(LYt, ~t 4 Commission Expires: Sanitary Sewer and Water Main Easement EASMT.S&W GRANTEE: CITY OF MERIDIAN Gty of ~, At~~st 1~laydee~Halmarl', City rk SEAL ~fq~//de TPE AE~pe pe Approved By City Council On: ~ , awl STATE OF IDAHO, ) ss County of Ada ~{' On this ~ day of .1 Ga,l~1 LLw~`f , 20 ~, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and 3~~,Jac,~,oheS 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. ,...... UGC ~~-t-~- ~- -~-~~-e-2 (SEAL) ; ~~!T'-LE L •••. NOTARY PUB~,IC FOR IDAHO G,',~OTA'R,F•,~ ~; Residing at: ~ Q.~G~ l,~-~~~ -~-~ •,~- ~ -a .-i e Commission Expires: ^ ~ . `,~ '°t1BL1G . dp, :j9O ••• 9~' OF 1Oe' •• Water Main Easement EASMT WAT 11-15-13.doc November 25, 2013 Page ] of 1. EXIIIBIT ".A." Sanitary Sewer MIain Easement ^^i ^^ Quadrant Consulting, Inc. ?, easement being o1~er a portion of Parcels A thru I) as show on Record of Survey No. 9589, . recorded as Instrument No. 113126599; Ada County Records; said easement being situated in a portion of Crovernment Lot 4 of the Southwest'rb of Section 18, Township 3 North, Range 1 East, Paoise Meridian, City of Meridian, Ada County, Idaho being more particularly described as follows: Commencing at the Southwest corner. of said Section 18, thence North 89°43'32" East 632.28'feet along the South lirie of said Section 18; thence leaving said South line of said Section 18 North 0°16'28" West 45.00 feet to a pointonthe North Right-of--Way line of East Clverland Road; thence North 39°35' 14" East .15,96 feet to a point on the West 1Zight-of-Way line of South Country Terrace Place, thence along said. West Right-of--Way line Norlh 0°45' 10" East 368:65 feet to the Northeast Corner of said Parcel A, thence along the North line of said parcel A South 89°28'41" West 441.49 feet to the POINT OF BEGINNING, thence leaving said North line South 37° 23' 44" East 7.54 feel, thence South 10° 09' 45" F.,ast 179.04 feet to a point on the Soulh line of said Parcel A, thence North R9° 43' 32" East 293.22 feet, thence South OC° QO' 00" West 20.00 feet, thence South 89° 43' 32" West 309.94 feet, thence North 10° 09' 45" West 191.02 feet, thence North 37° 23' 44" West iZ.70 feet to a point on the Nortlr line of said Parcel A, thence along said North line North 89° 28' 41 "East 25.00 feet to the POINT OF BEGINNING; Said easement contains approximately 9,986 square feet or 0.229 acres more or less. 1904 W. Overland Boise, ID 83705 Phone (208J 342-0091 Fax (208) 342-0092 www.quadrant.cc Civil Engineering Surveying N' TJN Rt w B.M. > `" _ _ _ _ S MERIDIANRD. T3N R1E B.M. io m I ~_ __i I I W z V Z O W I A N // n ~ I ~~ I m \ /// -v n /\ m m V O No II I ~ J I p./ ~~ W O I p ~ O ~/ N~ I ~, w~\4 ~ I z I N10'09'45" z ~~\ u a ~~ Y. \ \5~.45.E 179.04 ~ o om I lam- W m A R A u m I m ~ Im I m J ~ N p W IU n ~ N O D - _ b 00 ZI (o A A W ~_ tO I W N w n Z Z A W p Z D W N AI ~ R1 'O .p N I ~l1 ~ N '~j f/l b. W p /~ mI H O W ~~ ~ ~. Z y V! N 00 D ~.I i ~ N xa b IP. yA Z Z p ~y A SO ~ N.I CD U ~ Imo.. ~I D O~ ~ p ~ 0 3j I y`~ p ~. n m -G , s ~ 1° Zv m z CD I w n' Li a z ~ X ~ 'm^ -~ O mo 31 m I °o, o O ~ ~ I m ~ .~ ~o~m I C I N ~ I '~~yl o m D R] I n. I ~~ o I ~+ m oc m g s ° o , , 'cm" o~~ I ~ °o h o n ~ m `m' ~; N W ~ N-' o o ~ b ~'17B.ai o zµ, _ - _ Z o ~ I o N00'45'10"E. 3fi8:65 T Z i ~ I w S COUNTRYTERRACE PL. Oy I N O Z 1 A d l> m _ e ~ I ~m m ~ I I ~ I I ~ I ~ I I I fl n ~ I m _ o ~~ ~ rtrt11 €£~€c 1V ~ DD x m mn ~ y~y5~ ~ ~ fTl mD Z O ym 3yY ~'~ ~- ~ IDi1Kn r K &7 g-~ ~~n a z ~ q ~ m R ~ y- ~m~ym i m z v m ~ H November 25, 2i1 i 3 Page 1 of I EXIiIBi'T "~~'~ Water Nlain Easement ^^i ^^ Quadrant Consulting, Inc. a easement b~iug over a portion of Parcels A, C and D as show on Record of Survey No. 9589, recorded as bstrument No. 113126549, Ada County Records; said easement being situated in a pcrtion of Govermrtent Lot 4 of the Southwest %a of Section 18, To:unship 3 North, Range 1 East; Boise Tvleridian, City of 1vTeridian, Ada County, Idaho being more particularly described as follows: Commencing at the. Southw%asYcorner of said Section i 8, thence North 89°43'32." Fast 632.28 feet along the South ling of said Section 18, thence leaving said South line of said Section 18 North 0°16'28" West 45.00 foot to a point on the North Right-of--Way line of Fast Overland Road, thence Ncrth 39°35'i4" Fast 15.96 feet to a point omthe West Right-of-Way line of South Country Terrace Place, thence along said \Vest Right-nf-Way line Plorth 0°45' 10" East 178.81 feet to the POINT OF BEGINNING, thence leaving said \Vest Right-of-W:~y line South 89° 43' 32" West 182.39 feet, thence South 00° 16' 28" Easl 25.49 feet, thence South 89° 43`x2" West 20.00 feet, thence Kurth 00° 16' 28" West 25.49 feet, thence South 89° 43' 32" West 30.60 feet, thence South 00° ] 6' 28" East 11.1.10 feet, thence North 90° 00' 00" East 84.07 feet, thence Sou.1:h 00° 16' 2E" East 75.16 feet to a point. on the I~xorllr Right.of--Way line of said East Overland Road also being the South line of said Parcel C, thence contummg along said North Right-of--Way line North 83° 12' 37" West 20,15 feet, thence leaving said North Right-of--Way line North 00° 16' 2.8" West 52.78 feet, thence Norlh 90° 00' 00" West 84.15 feet t.o the West line of said Parcel C. also being the East line of said Parcel B, thence continuing along said West line and its northerly extension North 00° 16' 28" Wrst 151.00 feet, thence Nord! 89° 4"s' 32" East 303.43 feet to said West Right-of-Vr'ay line of South Country'ferrace Place.. thence continuing along said West Right-of--Way hue South 00° 45' 10" Nest 20.00 feet to the POINT C)F BEGINNING; Said easement contains approximately 11,967 square feet or 0.275 cores more 1904 W. Overland Boise, ID 83705 Phone (208) 342-0091 Fax (208) 342-0092 www.quadrant.cc Civil Engineering Surveying »-o-~z o n y !7' m o II 0 °o u ' °n n -I m O O 2 D v~ O A Z ~ A 2 O >o A" D m '^ A ` r~ ~Z y ~ mo Z~ O ~ IAA m D ~O ~ W m~ °'^ m D to ~ O c of n~ oy Z ^~ ~o om i~ O y Z d g o ~~ 4 ~~ IA ^• N ,~ $ «c m ~~e~~ ~ ~ ~ Iv d ~~ ~~ Q J e n ~ o C rsN R7 w e. M. ~ m _ _ _ _ S MERIDIANRD. T3N R1E B.M. I I - ~ ~ ~ I N I I I ~> I ~~ ~~ I ~m u I m Im N O IN O ~ ~ (y O1 z N00'i6'28' I.i ~p - Z N J N W m O ~ O~~ w:I ' ~ ~ 0 50076'28"E I N m v `~ z N ~ o I N I o N j ~ o~ A O N O O ~ m Qn O I A$ ~ u~ I I j O N pIJ N I I z o ~ m m a o I m nl ' I^ I ~1 I N ~ ~ I A Q n ~I 00 ~O m 178.87 ~I I z n I 1 l A to > ~ N b ~ I m 717.10 m 0 fn N 0 m I N I~ a N o.'D ~p OW yn W N a~ ~ Z ~ m', e O ti °z I I 0"E '388.65 S COOIVTRYTERRACEPL. ~~~++ "C h s A N g A v i O °o n A z D m m z y I I I I I I m I m y ~ ~ z C Z C m z m