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On-Site Sanitary Sewer Easement for Accomodations SubADA COUNTY RECORDER Christopher D. Rich 2015-053635 BOISE IDAHO Pgs=5 NIKOLA OLSON 06/18/2015 12:55 PM MERIDIAN CITY NO FEE 001112282201150005360636350050050 SANITARY SEWER EASEMENT tCv THIS INDENTURE, made this day of, iur , 20 (� between Dave Evans Construction, LLC., the parties of the first part, and hereinafter' aC lled 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, service and subsequently connect to 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 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 sewer line 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, 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 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. Sewer Main Easement EASMT SEW 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 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: Manager, Dave Evans Construction, LLC. �7l�( 0 1ZNep-cid. r,4- She ( 00 Address 0611s , x,17 g s -i 114 STATE OF IDAHO ) : ss. County of Ada ) On this 2 day of JkK 120/5 , before me, the undersigned, a Notary Public in and for said State, personally appeared D, ZG aaA oy't"k S , known or identified to me to be the President anti - of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year ftr%obr@voswyitten. 014DA 4'P (SEA��tsOTk NOTARY PUBLIC FYR IDA ® � x Residing at: �a'H7Se and p5Ax%e® gylC_ �� 0 Commission Expires: S GRANTEE: Sewer Main Easement EASMT SEW 11-15-13.doc Tammy by Mayor City Clerk J1',liL � °�Ide TRF ASUF' .d' Approved By City Council On: t l �)oi'� STATE OF IDAHO, ) : ss County of Ada ) On this 1 G day of , � k,�-n+L , 20 jam_, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and ,.SoreS 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. (SEAL) MICClIoL, L. 4�td NOTARY PU$j IaC_FO� IDAHO � Residing at: LL"" G�f'' Commission Expires: Sewer Main Easement EASMT SEW 11-15-13.doc CJUB0" J-U•B ENGINEERS, INC. J -U -B COMPANIES Accommodations Subdivision On -Site Sewer Easement Boundary Description Project Number 10-14-105 May 15, 2015 TMELANGDGATEWAY US GROUP M,CppiNG An easement situated in Lot 6 of the Amended Plat of Lots 3, 4, 5, 6, and 7, of Golden Eagle Estates (Book 37 of Plats at Pages 3127 and 3128, records of Ada County, Idaho), in the north half of the northwest quarter of Section 28, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the northwest corner of Section 28, Township 3 North, Range 1 East, Boise Meridian; Thence S00°27'50"W, 1321.07 feet along the west line of the north half of the northwest quarter of Section 28 to the southwest corner of the north half of the northwest quarter of Section 28; Thence S89°30'18"E, 455.55 feet along the south line of the north half of the northwest quarter of Section 28 to the southwest corner of Lot 6 of the Amended Plat of Lots 3, 4, 5, 6, and 7, of Golden Eagle Estates; Thence N00°21'32"E, 102.51 feet along the boundary between Lots 5 and 6 of the Amended Plat of Lots 3, 4, 5, 6, and 7, of Golden Eagle Estates to the POINT OF BEGINNING: Thence continuing N00°21'32"E, 20.63 feet; Thence N76°08'28"E, 110.29 feet; Thence 20.20 feet on a non -tangent curve to the left, concave easterly, having a radius of 50.50 feet, a central angle of 22°54'52", a chord bearing of S18°22'39"E, and a chord length of 20.06 feet; Thence S76°08'28"W, 116.93 feet to the POINT OF BEGINNING. The above-described easement contains 0.05 acres, more or less. Page 1 of 1 a 2505. Beechwood Avenue, Suite 201 Boise ID 83709 O 208-376-7330 j 208-323-9336 w www.jub.com J 0 S. Eagle Road Basis of Bearing o g S00'27'50"W 1321_07' No � N N N 0 >y ❑' 3 0 N �m N N00 U1 OW mNd U ap m❑o m um ❑ r V N N N N00'21'32"E o Noo'21'32"E -- 102.51' ml 20.63' - :----------------�--, —� 11 1 1 V, it 1 1 1 1 1 41 1 c� 1 1 1a: mr NI r J I 0 0 O 0 0 O o INO V .r. �;11 \ I m 1,,11N f11 G7d O 3rt Aam �' �❑1 V � O tomm `°❑o mor D 11 11 y N y a C a 1 a3a 1 1 5. O O W 1 C 1 ❑ ❑ ,oa 11 1 1 1 1, 111