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Sanitary Sewer Easement with New Oaks, LLC for The Oaks Pressure Sewer Easement 2ADA COUNTY RECORDER Christopher D. Rich 2014-095965 BOISE IDAHO Pgs=S BONNIE 1112612014 10:26 AM MERIDIAN CITY NO FEE IIIIIIII III I IIIIIIIIIIIIIII II II III IIIIIIIIIIII III 00043602201400969660060063 SANITARY SEWER EASEMENT THIS INDENTURE, made this qday of Ido / , 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 Permanent Sewer Easementl a 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 tie 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 L\ LC Thomas M. Coleman, Manager STATE OF IDAHO ss. County of Ada ) On this day of 2014, before me the undersigned, allotary Public in and for said state, personally appe red 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 ofNew Oaks LLC, an Idaho limited liability company, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set y hand and affixed my official seal the day and first above written. �CA L4� L (SEA OTA};,u NO ARY PUBLIC R J,DAHO ve S Resi ing at: LC pUBL�G •s Commission Expires: 4 y� '•a OF 19�'0o The Oaks Permanent Sewer Easement GRANTEE: CITY OF MERIDIAN Tanury de Mayo�ot�" n .r City of Attest by(J�aycee L. Holman, City Cl SEAL Approved By City Council On: o? STATE OF IDAHO ) ss County of Ada On this c day of NO\/e "v C/ 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. •G •• l p. JON •. (SEAQ); 1 AIJBtiSG `bo. The Oaks Permanent Sewer EasementI 4�kl � N T PUBLIC FOR IDAHO Resi ing at: "Cn lA r Commission Expires: \�q vi L� act DC7 J•U.R ENGINEERS, INC. EXHIBIT A 1 -U -B COMPANIES The Oaks Pressure Sewer New Oaks, LLC ®WE � a�tcw�v uxunoN R�.p� NAPPING GROUP i�iii%% M. Permanent Easement Boundary Description Project Number 10-12-042 August 13, 2014 An easement situated in the northwest quarter of the northwest quarter 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 S00°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, 2636.85 feet along the mid-section line to the center quarter -section corner; Thence N89018'03"W, 1318.84 feet along the mid-section line to the center -west sixteenth section corner Thence N00030'58"E, 1316.64 feet along the west line of the southeast quarter of the northwest quarter to the northwest sixteenth -section corner; Thence N00°30'58"E, 13.87 feet along the east line of the northwest quarter of the northwest quarter to the POINTOF BEGINNING: Thence N76°42'20"W, 1166.32 feet; Thence N00"32'39"E, 151.70 feet; Thence S89°27'21"E, 20.00 feet; Thence S00°32'39"W, 135.72 feet; Thence S76°42'20"E, 1145.80 feet to the east line of the northwest quarter of the northwest quarter; Thence 500'30'58"W, 20.51 feet along the east line of the northwest quarter of the northwest quarter to the POINT OF BEGINNING. 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