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Home My WebLink AboutMaverik at Main and Franklin Sanitary Sewer Easement No. 2ADA COUNTY RECORDER Christopher D. Rich 2017-044128 BOISE IDAHO Pgs=5 VICTORIA BAILEY 05/17/2017 12:10 PM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER EASEMENT 140. Z THIS INDENTURE, made this 16thday of Feb. , 20 17 between 97 Main, 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 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 will be necessary to maintain and service 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 sewer line 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 line 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. 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 Sewer Main Easement REV. 08/15/16 described for this casement, which would interfere with the use of said casement, 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 -or -way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become nUlI 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 orthe first part (nave hereunto subscribed their signatures the day and year First herein above written. GRANTOR: 97 Main, LLC P4:Osid"t Michael N. Fery, Manager 350 N. 9th Street, Ste, 200, Boise, ID 83702 Address Secretary STATE OF IDAHO ) ) ss County of Ada ) On this I (D clay or February , 20 17, before me, the undersigned, a Notary Public in and for said State, personally appeared Michael N. Fery and , known or identified to me to be the 124:csid"I-.-and. Manager Seejetar);-+espee4ively, of the sorpGmlhmi *that executed the within instrument, and acknowledged to nne that such eo>poMl I41executed the same. limited liability company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal tine day and year fist above written. (SEAffS�TAT TrANYMAI.ESPIN OTARY PUBUc; E OF IDAHO Sewer Main Easement NOTA P IC h R IDAHO Res ling atr j3 Cot mission Expires: C51 0�D REV, 08/15/16 GRANTEE: CITY OF MERIDIAN Mayor p,UGUST\ ,1900\ z� o ��►o pN i , of Coles, City Clerk Approved By City Council On: Z4 STATE OF IDAHO ) ss County of Ada ) On this 1(D day of Maq , 20 Il, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and C.J'AY COLES 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. RLE�� M 1 . r , 1 M 1 � • ♦ � (LCAT � • '9?, LIC ♦♦�.. U�' IDA��.••• ��Jlw4by= NOTARY PUBLIC FOR ibAHO Residing at: Commission Expires: 3 - A 2- 5Z 6- 2 Sewer Main Easement REV. 08/15/16 4-12-17 EXHIBIT A Reeve & .Associates, Inc. SEWER EASEMENT NO.2 MERIDIAN, IDAHO A I S FOOT SEWER EASEMENT FOR THE PURPOSE OF INSTALLATION AND MAINTENANCE BEING 7.5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: PART OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE I EAST, BOISE MERIDIAN, U.S, SURVEY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF FRANKLIN ROAD, SAID POINT BEING N89° 19'47"E ALONG THE SECTION LINE, 322.17 FEET AND S00°40' 13"E 5S.97 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 18; THENCE S00°47'07"W 9.37 FEET; THENCE S44°19'51"W 95.94 FEET; THENCE S14°45'13"W 36.88 FEET; THENCE N83°35'30"W 2.63 FEET TO THE POINT OF TERMINUS. SIDES OF SAID EASEMENT TERMINATE AT OR EX'T'END TO GRANTOR'S PROPERTY, Solutions You Can Build On'T" Civil Engineering. Land Planning . Structural Engineering -Landscape Architecture . Land Surveying. Construction Surveying 5160 S 1500 W . Riverdale, Utah 84405 .'rel: 801-621-3100 . Fax: 801-621-2666 ogden@reeve-assoc.com . reeve-assoc.com EXHIBIT B EXHIBIT MAP TO ACCOMPANY LEGAL DESCRIPTION SEWER EASEMENT NO. 2 FOUND BRASS CAP FOUND 3.5" ALUMINUM MERIDIAN, IDAHO MONUMENT AT THE NORTH CAP MONUMENT AT THE NORTHWEST CORNER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CP&F #112077571 322.17' 5111823255 N89'19'47"E 2401.62' FRANKUN ROAD QUARTER CORNER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CP&F #104161986 Reeve & Associates, Inc. s 15W w uM rtMed • ax erama uM wAtYOM • wmo eia®u fiBG1Mq. eR�� • INOIm M:1�R1 pmq Mauerik, !no. Franklin Road & Main Street Meridian, ID ISSUE: 4-12-1i SCALE 1"=60' PROJECT NO: 5799-431 CAD DWG FILE: