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Sewer Easement for TimbergroveADA COUNTY RECORDER Christopher D. Rich 2015-074610 BOISE IDAHO Pgs=6 LISA BATT 08114/201509: 35 AM MERIDIAN CITY NO FEE IIIIIIiIII l llllllllllllll 1111 1111111 1111111 111 111 00133524201500746100060060 SANITARY SEWER EASEMENT THIS INDENTURE, made this �— day of a -q , 201 between BLUE MARLIN INVESTMENTS, LLC, an Idaho limited liability company, 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 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: BLUE MARLIN INVESTMENTS, LLC By'Jeff W. Moore, Managing Member 820( P.O. Box,8022r, Boise, Idaho 83707 Address STATE OF IDAHO ) : ss. County of Ada ) On this lV'-_ day of �,' y(t A)\ , 206 ,before me, the undersigned, a Notary Public in and for said State, persons lly appeared Jeff W. Moore, known or identified to me to be the Managing Member of the limited liability company that executed the within instrument, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and vear.frt9f1b6&` writtcn. O, ojOTAR�y Vy ayseo � 6Z �o u J W TA � � ��, � NOTARY PUBIC FORIDAHO PUBLIC r Residing at: Commission Expires: k - l3 - I[) � Sewer Main Easement EASMT SEW 11-15-13.doe GRANTEE: CITY OF MERIDIAN _. (� 1. s,•� GOh�OSiATE�A(/CLsrr c .,y est aycee L. Holman, City Clerk E IDIAN�-- IOAHO Approved By City Council On: Ps �, SEAL ��RAe iRE S�Pf STATE OF IDAHO, ) : ss County of Ada ) On this --LL day of )q 20 �, 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. (SEAL) ' C_3 v NOT�IRI� PUBLI IDAHO Residing at:" �2� J 1 A Q Commission Expires: Sewer Main Easement EASMT SEW 1 I-15-13.doc May 7, 2015 EXHIBIT "A" Sanitary Sewer Easements Description For CITY OF MERIDIAN Portions of Block 1, Centrepointe Subdivision as same if filed in Book 97 of Plats at Pages 12330-12331, records of Ada County, Idaho, located within a portion of the Southeast 1/4 of the Southeast 1/4 of Section 32, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho being more particularly described as follows: SEWER EASEMENT A Commencing at the Southeast corner of said Section 32 from which the South 1/4 corner of said Section 32 bears North 89°44'39" West, 2656.46 feet; Thence North 78°31'12" West, 1192.96 feet to the West right-of-way line of North Centrepoint Way, said point being the REAL POINT OF BEGINNING; Thence leaving said right-of-way line South 89026'41" West, 58.51 feet; Thence North 00°15'21" East, 163.76 feet; Thence South 89044'39" East, 20.00 feet; Thence South 00°15'21" West, 143.48 feet; Thence North 89°26'41" East, 38.50 feet; Thence South 00°15'21" West, 20.00 feet to the REAL POINT OF BEGINNING. - Containing an area of 4,042 square feet, more or less. AND ALSO: SEWER EASEMENT B Commencing at the Southeast corner of said Section 32 from which the South 1/4 corner of said Section 32 bears North 89044'39" West, 2656.46 feet; Thence North 65°03'04" West, 1287.90 feet to the West right-of-way line of North Centrepoint Way, said point being the REAL POINT OF BEGINNING; Thence leaving said right-of-way line South 89002'46" West, 59.00 feet; Thence North 00029'45" East, 748.20 feet; Thence South 89030'15" East, 20.00 feet; Thence South 00029'45" West, 727.69 feet; Thence North 89002146" East, 38.91 feet; Thence South 00°1621" West, 20.00 feet to the REAL POINT OF BEGINNING. Containing an area of 15,737 square feet, more or less. END OF DESCRIPTION N UNPLATTEO 13 J L Ls t4 I I 12 (� z �11 � s p d w } V� 6 I z 10 Y� U NYAg 17 yYnN—� Z 9 nYd^ I 25 100 400 Y4 18 1 0 50 200 1 8 �^ 9 SCALE: 1" = 200' 7 20 �0 0 m I Vz��N 21 Kj NQ tit Y'I 6 O N p 5 Yn of a• 7729 (4 L9 J CID SIiOIIS �O r 4 L71 F C� 9TF \�`T Q- V RPOB 0 OR G. C EASE. "B" P 3 61 W } 13lif Z 2 (4 W Z (4� U (4 G J Z �S o 1 I J -vs `vo: L Lam. RPOB I N8 EASE. "A" rys2/i2.. I E.I USTICK RD. v .v 1/4 32 328.23' T..4N. R.1 E. _ 1328.23' 32 33 V T..3N. R.1E. 5 °' •,. N 89°44'39" W 2656.46' 5 4 BASIS OF BEARING' 5:\ISG 0.ol11,s\D11be,g,ove Sub 15—D4D\d19\TG Sub sxvre, - E%B.awg 5/6/3015 4:01'43 FM MOT IDAHO SEWER EASEMENTS EXHIBIT "B" DRAWING FOR JOB NO. 46 SUITE 130 CITY OF MERIDIAN SHEET N 1450 E. WATERTOWER ST. SURVEY MERIDIAN, IDAHO 83642 SHEET N0. (203) 346-8570 TIMBERGROVE SUBDIVISION 1 OF 1 GROUP, P.C. LOCATED IN THE SE 1/4 OF SECTION 32, T.W. R.1E., B.M., DWG. GATE MERIDIAN, ADA COUNTY, IDAHO 02-07-15 LINE TABLE LINE BEARING LENGTH Lt S 89°26'41" W 58.51' L2 N 00°15'21" E 163.76' L3 S 89°44'39" E 20.00' L4 S 00°15'21" W 143.48' L5 N 89°2641" E 38.50' L6 S 00°15'21" W 20.00' L7 S 89°0246" W 59.00' LB S 89°30'15" E 20.00' L9 N 89°02'46" E 38.91' L10 S 00°15'21" W 20.00'