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Sanitary Sewer and Water Main Easement with Thomas L. and Joanne Q. Pfost for Sagewood SubdivisionADA COUNTY RECORDER Chrlstopher D. Rich 2014-095964 BOISE IDAHO Pgs=S BONNIE 111261201410:26 AM MERIDIAN CITY NO FEE IIIIIIII III I IIIIIIIIIIIIIII I' II II I IIIIIIII II I I III 00043601201400969640060067 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this a5day of J\1 OV , 2014, between Thomas L. and Joanne Q. Pfost, husband and wife, 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 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 EXHIBIT A) 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, its 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. Sagewood Subdivision Off -Site Sewer & Water Easement —Pfost 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: \ Thomas L. Most STATE OF IDAHO 6 L C") o oann Q. Pfost ) ss. COUNTY OF ADA.g ) 4 On this I � day of 2014, before me, the undersigned, a Notary Public in and for said State, pirsohUy appeared Thomas L. and Joann Q. Pfost, husband and wife, known or identified to me to be the owners of the property and the persons that executed the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. (SEAL) fop ARY PUBLIC F R I AHO _ C 8 Res ing at: $? J, p[181.% Commission Expires: Tg oP Sagewood Subdivision Off -Site Sewer & Water Easement —Pfost GRANTEE: CITY OF MERIDIAN /IVY/sem/ ssnT';n n uc�s� Tammy de erd, Mayor city 0r EI1R� TAN*- �io_nxo- ttest b ycee L. Holman, City Clerk S>iAL f p ?ee"'he TPF rSw'E Approved By City Council On: ��'o? STATE OF IDAHO ) ss. County of Ada On this - S day of t ov 6e,,,- 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. i •51CAJ() 00 • (SEAL) • y' Y PUBLI AHO Residing at: ►. i P Xl r� 1 q Commission Expires: �Aan L4, Sagewood Subdivision Off -Site Sewer & Water Easement —Pfost June 27, 2014 DESCRIPTION FOR OFF SITE MERIDIAN CITY SANITARY SEWER EASEMENT PROPOSED SAGEWOOD SUBDIVISION An easement located in the NW % of the NW '/< of Section 24, T. 3 N., R 1 W., B.M., Ada County, Idaho, covering a strip of land 20.00 feet in width, right of and adjacent to the following described easement line: Commencing at the NW corner of said Section 24, from which the N '/o corner of said section bears South 89107'22" East, 2655.69 feet; thence along the north boundary of the NW '/< of said section South 89°07'22" East, 1327.90 feet to the NE comer of the NW '/ of said NW '/<; thence along the east boundary of said NW % of the NW % South 00°28'27" West, 264.85 feet to the BEGINNING POINT of said easement line; Thence leaving said boundary North 75°41'46" West, 144.75 feet; Thence North 60°59'28" West, 71.69 feet; Thence North 56'24'19" West, 246.86 feet; Thence North 00149'50" East, 16.00 feet to a point on the southerly right-of-way of W. Overland Road, the ENDING POINT of said easement line. Said easement encompassing 9,251 SF, more or less. 120726-offsitess. docx BASIS OF BEARING SCALE 1 "=100' DWG.DATE 06/27/14 PROJ. No. 120726 SHEET 1 OF 1 MERIDIAN CITY OFF-SITE SANITARY SEWER EASEMENT PROPOSED SAGEWOOD SUBDIVISION LOCATED IN THE NW 1/4 OF THE NW 1/4, SECTION 24, T.3N., RAW., B.M. MERIDIAN, ADA COUNTY, IDAHO ENGINEERING SOLUTIONS 1029 N. ROSARIO ST., STE. 100 MERIDIAN, IDAHO 83642 Phone (209) 930-0980 Fox (209) 938-0941