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Sanitary Sewer and Water Main Easement with Volante Investments, LLP for Seyam SubdivisionADA COUNTY RECORDER Christopher D. Rich 2014-105208 BOISE IDAHO Pgs=6 LISA BATT 12/31/2014 12:05 PM MERIDIAN CITY NO FEE II I II I I II I II 00063462201401062080060063 I63462014010IIII1IIIII III II II III SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this W day of December, 2014 between Volante Investments LLLP, 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; 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, 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 and water 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-wayunto 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, performing maintenance, replacements or subsequent connections to the sanitary sewer and water mains, GRANTEE shall restore the area of the easement and adjacent property to that existentpriorto undertaking suchprocedures. 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 11-15-13.doc 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 withinthe 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. 'e MIN116771 Partner 3084 E. Lanark Street Meridian, ID 83642 STATE OF IDAHO ) : ss. County of Ada ) On this � day of December'2014 ' 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared Ronald W. Van Auker, known or identified to me to be the General Partner of Volante Investments LLLP that executed the within instrument, and acknowledged to me that Volante Investments LLLP executed the same. and yeA NOTA_*.t. Mik.L, ,n pb941G • F OF 10�' Sanitary Sewer and Wateram E , I have hereunto set my hand and affixed my official seal the day • •�� .� D • CommissionResiding at: EASMT S&W 11-15-13.doe Tammy de Weer , ayor J (ilv of Attest by4aycee L. Holman, City Clerk C;/'/ "t/% �V>l Approved By City Council On: STATE OF IDAHO, ss County of Ada ) On this day of e em beY 20 l 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. • LCA J()** (SEAL3yw�TA�4��'�: N PUB R AHO Residing at: U x, d k c' -n 1 1� Commission Expires: ck K:� q C7 d SATE OF �9�0 Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doe EXHIBIT A WAITE land surveying, 11C 315 E. Danskln Drive, Boise, Idaho 83716 208.794.6622 Tele. 208.426.8319 Fax P.N. 2435 November 29, 2011 MERIDIAN CITY WATER AND SEWER EASEMENTS SEYAM SUBDIVISION Two parcels of land located in the Southwest 1/4 of Section 9, T.3N., R.IE., B.M., Ada County, Idaho, and being more particularly described as follows: Commencing at the Southwest comer of said Section 9, thence N 89°11'46" E along the South boundary of said Section 9, fora distance of 2706.25 feet to the South %, corner of said Section 9; thence leaving said boundary N 69°52' 15" W for a distance of 960.92 feet to the REAL POINT OF BEGINNING OF PARCEL l; thence N 09°11'46" E for a distance of 38.98 feet; thence S 79°30'52" E for a distance of 60.97 feet; thence S 09°11'46" W for a distance of 37.61 feet; thence N 80'48'14" W for a distance of 60.95 feet to the REAL POINT OF BEGINNING, containing 2334 square feet of land, more or less. thence N 88°46'49" W for a distance of 65.64 feet to the REAL POINT OF BEGINNING OF PARCEL 2; thence N 79°30'52" W for a distance of 42.26 feet; thence N 09° 11'46" E for a distance of 40.39 feet; ZdProjeclslSeyamSub (2435)1DocumentslWATER&SEWERease.doc-I 'i a tc i e6 --t. thence S 80°48' 14" E for a distance of 42.25 feet; thence S 09°11'46" W for a distance of 41.34 feet to the REAL POINT OF BEGINNING, containing 1726 square feel of land, more or less. 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