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Sanitary Sewer Easement with New Oaks, LLC for The Oaks Pressure Sewer Easement 1ADA COUNTY RECORDER Christopher D. Rich 2014-095966 BOISE IDAHO Pgs=6 BONNIE 11/26/201410:26 AM MERIDIAN CITY NO FEE 11111111111111111IIIIIIII111111111111111111 VIII I III 00043603201400969660060067 SANITARY SEWER EASEMENT THIS INDENTURE, made this -2F day of 1��� , 2014 between New Oaks 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 main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to 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 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 mains and their allied facilities, together with their maintenance, repair, replacement and subsequent connection 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, performing maintenance, replacements or subsequent connections to the sanitary sewer mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. 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 Oaks Pressure Sewer Easement A 1 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 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: New Oaks LLC Thomas M. Coleman, Manager STATE OF IDAHO J ss. County ofAda (I ) On this � day of 2014, before me the undersigned, a Notary Public in and for said state, personally ap ared Thomas M. Coleman, Jr., known or identified to me to be the President of Coleman Communities, Inc., a Delaware Corporation; the Manager of Coleman Homes LLC, an Idaho limited liability company; and the Manager of New Oaks LLC, an Idaho limited liability company, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set and and affixed my official seal the day and year first above written., ,% " se% 07 (SEA rlp�-%OT:1 + IC p `� y NO �RY PUBLODAHO Residing at: (Cf Jr4 Ab 3 LNC' a Commission Expires. O OF The Oaks GRANTEE: CITY OF MERIDIAN Mayor L. Holman, City Clerk Approved By City Council On: STATE OF IDAHO ) :x: County of Ada ) City of SERI. _�yfFp °/ Abe TRF RSUR�,Py On this �� day of Nove-yyl 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared 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. Residing at: "e4-jCj 1 ctrl I Commission Expires: n The Oaks Pressure Sewer Easement 3 EXHIBIT A CJ•U-B J -U -B COMPANIES ®I TIN ®I max "Naa INC J•U•B ENGINEERS, INC. The Oaks Pressure Sewer New Oaks, LLC Permanent Easement Boundary Description Project Number 10-12-042 August 13, 2014 An easement situated in the north half of Section 33, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the northeast corner of Section 33, Township 4 North, Range 1 West, Boise Meridian; Thence 500'27'22"W, 2631.60 feet along the east line of the northeast quarter of Section 33 to the east quarter -section corner of Section 33; Thence N89"18'39"W, 1318.42 feet along the mid-section line to the center -east sixteenth -section corner; Thence N00"28'22"E, 995.69 feet along the east line of the southwest quarter of the northeast quarter to the POINT OF BEGINNING: Thence S87005'54"W, 41.41 feet; Thence N47°54'06"W, 22.15 feet; Thence NO2"06'31"W, 48.58 feet; Thence N47006'31"W, 30.57 feet; Thence S65°23'29"W, 163.41 feet; Thence S87"53'29"W, 1024.22 feet; Thence N76"42'31"W, 65.95 feet to the east line of the southeast quarter of the northwest quarter; Thence continuing N76°42'31"W, 808.65 feet; Thence N65027'20"W, 321.89 feet; Thence N76"42'20"W, 241.74 feet to the west line of the northeast quarter of the northwest quarter; Thence N00°30'58"E, 20.51 feet along the west line of the northeast quarter of the northwest quarter; Thence S76°42'20"E, 248.24 feet; /2Tlr , Thence S65°27'20"E, 321.89 feet; TH1334 Page 1 of 2 rwa.Y1J671 OF (J- J•U•B ENGINEERS, INC. Permanent Easement continued... J -U -B COMPANIES THE ®I n"au°v°N �' I NC. xo Thence S76°42'31"E, 802.14 feet to the west line of the southwest quarter of the northeast quarter; Thence continuing S76"42'31"E, 67.79 feet; Thence N87°53'29"E, 1017.54 feet; Thence N65"23'29"E, 172.80 feet; Thence S47006'31"E, 52.22 feet; Thence SO2°06'31"E, 48.42 feet; Thence S47054'06"E, 5.42 feet; Thence N87°05'54"E, 34.30 feet to the east line of the southwest quarter of the northeast quarter; Thence S00"28'22"W, 20.03 feet along the east line of the southwest quarter of the northeast quarter to the POINT OF BEGINNING. The above-described easement contains 1.27 acres, more or less. Aj, Page 2 of 2 `hg4t a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 O 208-376-7330 f 208-323-9336 w www.lub.com EXHIBIT B I,, �4- m ry e F, N M N 2 2 2 � N ro 2 o Z .o !%1 Pn 2 o °OO N� o� Ir N ”' R 2 o y i ,09'1£9Z M„ZZ,LZ.00S �..1 co N M M M J rn N M I: a �0 f J J J m 0 M J 0 Z a ,69'566 J 3„ZZ,BZ.00N S O �\� M N VOR S ii• Q W 00 N r M O 11 N W G olio fii� Q`�Q U o -a C a rn11mNN mM (V 00 Cm �I1� �.p� �Ilh m� mm (n ru co ZIIN Z -0 h om N z II 0 0 w w II 3 m r mrn 0 I I Cn c U]E C cc o ii N (Dca « II w ro c o o colic, IZ W m 0 3 0 If O C 0 cis N c Z ^ll D E n Ili FL- d /L O eF�IM z� Z o IN 3 aly l w yIb t Z n 112 w It Z 11 �� e4 N ' ZR 9 /% N // O. N �� SCh /// /% (o tu p N Ll O N pp N't Q N Q n Zo r ills N / Z 9 m ry e F, N 2 2 2 � N ro 2 o Z .o !%1 Pn 2 o °OO N� o� Ir N ”' R 2 o y i