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Successor Grantee from Meridian Heights Dissolution - Water and Sewer Easement Agreement for 395 W BloomingtonRECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: ADA COUNTY RECORDER Christopher D. Rich 2015-097493 BOISE IDAHO Pgs=5 NIKOLA OLSON 10/21/2015 03:00 PM MERIDIAN CITY _ - NO FEE I'1I'I'II11'II 1I "'1 I I1' 00157950201500974930050059 (Space Above For Recorder's Use) NOTICE OF SUCCESSOR GRANTEE CITY OF MERIDIAN WATER AND WASTEWATER PUBLIC UTILITY EASEMENT AGREEMENT 395 W. BLOOMINGTON WHEREAS, on the 2nd day of December, 2014, the Meridian Heights Water and Sewer District (MHWSD) was granted a Utility Easement Agreement by the owner of the real property legally described in the first recital of the attached Exhibit A, recorded as Ada County Instrument Number 2014-100181; and, WHEREAS, said Easement was granted to MHWSD and its heirs, successors, and assigns; and, WHEREAS, on the 11th day of December, 2014, MHWSD was granted an Order of Dissolution pursuant to Idaho Code 42-3239, Ada County Instrument Number 2014-101376; and, WHEREAS, the Order of Dissolution included approval of the transfer of District Assets to the City of Meridian; and, WHEREAS, Pursuant to Idaho Code 42-3239, MHWSD adopted Resolution 14-3 transferring the District's assets to the City of Meridian, and the City of Meridian adopted Resolution 14- 996A accepting the assets of the District. NOW, THEREFORE, in consideration of the premises, the Grantor of the Utility Easement Agreement described herein is hereby notified that the City of Meridian is the rightful Successor Grantee of said Easement Agreement, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference. IN WITNESS WHEREOF, the City Council of the City of Meridian at its regularly scheduled meeting on the 20th day of October 2015 has approved this Notice and directed the Mayor to sign. SUCCESSOR GRANTEE CITY OF MERIDIAN By' Mayor TammC de eerd STATE OF IDAHO ) ss. County of Ada ) f City of CM El TITIAN F SEAL. ti rFR Ihe TAE Attest: On this @0 day of , 2015, before me t'3 C)Y\e--S,, personally appeared Tammy de Weerd and Jaycee Holman, known or identified to me to be the Mayor and City Clerk of the municipal corporation who executed and attested, respectively ,the instrument on behalf of said municipal corporation, and acknowledged to me that such municipal corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NA j�o NOTARY PUBLIC -FOR IDAHO Residing at l 6 a 1� My Commission Expires Ll . •"N I C ,- ••?�' •.a.ad. 2 EXHIBIT A ADA COUNTY RECORDER Christopher D. Rich 2014-100181 BOISE IDAHO Pgsa3 VICTORIA BAILEY 12/1212014 08:32 AM MERIDIAN HEIGHTS WATER & SEWER NO FEE 00040071201401001010030032 UTILITY EASEMENT AGREEMENT THIS UTILITY EASEMENT AND AGREEMENT ("Agreement") is made and entered into as of this ,9\ day of &&,W 2014, by and between KELLY STULTZ, an individual ("Grantor"), and the MERIDIAN HEIGHTS WATER AND SEWER DISTRICT, a duly organized and existing political subdivision of the State of Idaho, whose mailing address is P.O. Box 472, Meridian, Idaho 83680 ("Grantee"). RECITALS WHEREAS Grantor owns certain real property located within the Meridian Heights Water and Sewer District boundaries with a street address of 395 W. Bloomington St., Meridian, Idaho 83642 and more particularly described as Lot 11 Block 4 Meridian Heights #3, Ada County, Idaho, according to the official plat recorded in the office of the Ada. County Recorder at Boob 62, Page 6274 ("Grantor's Property"); and WHEREAS, Grantee requires access to Grantor's Property for the purpose of maintaining a utility line owned by the Grantee; and WHEREAS Grantor has agreed to grant and convey to Grantee a perpetual non-exclusive utility easement through a portion of Grantor's Property, subject to the terms and conditions of this Agreement. GRANT OF EASEMENT AND AGREEMENT NOW, THEREFORE, in consideration of the mutual promises herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by both parties, the parties agree as follows: 1. Grant. Grantor hereby grants and conveys without warranty unto Grantee, its heirs, successors and assigns and any person who the Grantee permits to use said Easement, subject to the terms and conditions herein contained, a perpetual non-exclusive utility easement across a fifteen foot (15') wide corridor along the northern property line of Grantor's Property, for the maintenance of utility lines, 2. Use of Easement. Grantee, its agents or transferees, shall have the'right to perform any maintenance they may deem necessary or wish to exercise in connection with the Easement, including but not restricted thereto, the right to make necessary repairs, alterations, removals or replacements thereof, together with the right and privilege of ingress and egress to and from said property for said purposes. Grantee shall have the full and free right and authority to install, construct, operate, maintain, repair, replace and reconstruct public utilities for water and wastewater purposes and for any other utility purposes that the Grantee may deem necessary over, across, through, in and under that certain parcel of land described as Grantor's Property provided that Grantee does not interfere with or restrict Grantor's use and enjoyment of Grantor's Property. UTILITY EASEMENT AGREEMENT (STULTZ)) - 1 3. Indemnity. Grantee shall, to the fullest extent permitted by law, indemnify, defend -and save Grantor, her agents, successors and assigns, harmless from any and all claims, liabilities, losses, costs, charges or expenses, (including without limitation, reasonable attorney's fees) which Grantor may incur as a result of any negligent or intentional act or omission of either of Grantee or it's respective agents, contractors, tenants, licensees and invitees, in the use, repair or maintenance of the Easement granted hereunder. If any action, claim or demand is made upon Grantor for any negligent or intentional act or omission of either of Grantee or it's respective agents, contractors, tenants, licensees or invitees, Grantee agrees to pay all costs, charges, attorney's fees, settlements, judgments or other expenses incurred by or obtained against Grantor as a consequence of any such action, claim or demand. 4. Binding Effect. The Easement granted hereunder shall run with the land and shall be binding upon all persons having or acquiring any right, title or interest therein or any portion . thereof and upon their respective heirs, successors and assigns. 5. Authority. Grantor and Grantee represent and warrant as of the date of this Agreement tliat each of them, and the persons executing this Agreement on their behalf, have the power and authority to execute this Agreement and to perform their respective obligations hereunder. 6. Interpretation, In the event of a dispute involving the interpretation of this Agreement, the parties agree that any ambiguities that may be found to exist which may affect the rights or obligations of either party shall not be construed against the drafter of this Agreement. As used in this Agreement, the terms "herein," "hereby" and "hereunder" shall have reference to the entire contents of this Agreement and not only the paragraph in which such terms appear. IN WITNESS WHEREOF the parties have executed this Agreement as of the date first written above. GRANTOR: Felly Stultz GRANTEE: Meridian Heights Water & Sewer t' Gor n Hamilton Its: airman UTILITY EASEMENT AGREEMENT (STULTZ)) - 2 STATE OF IDAHO ) )ss. County of Ada ) On this ;?— day of T;&, , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared Kelly Stultz, known or identified to me to be the person who executed the foregoing instrument and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate, first written above. STATE OF IDAHO ) )ss. County of Ada ) eu'(� Notary Public for daho Residing at (!W"., .Z% $3665" My commission expires: tl /?Vls On this day of Oean�(2014, before me, the undersigned, a Notary Public in and for said State, personally appeared Gordon Hamilton, known or satisfactorily identified to me to be the Chairman of the Board of the Meridian Heights Water & Sewer District, the person who executed this instrument on behalf of said entity, and acknowledged to me that said entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first written above. , I 1 11 GINA M HARRIS NOTARY PUBLIC STATE OF IDAHO UTQdTY EASEMENT AGREEMENT (STULTZ)) - 3 Residing at - My commission