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Sanitary Sewer Easement for Johnson Family Trust Heritage Grove No 3ADA COUNTY RECORDER Christopher D. Rich 2015_ 025$ BOISE IDAHO Pgs=5 VICTORIA BAILEY 12/03/2015 02:44 PM MERIDIAN CITY NO FEE IIIIIIIillllllllliillillllllllll11111111IIIIIIIII 00171434201601102680060066 SANITARY SEWER EASEMENT THIS INDENTURE, made this day of Qsteber, 20 /6'-betweenLeon and LaRue Johnson Family Trust, 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. j i 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-I5-13.doc i i 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: ce Trustee - C. Leon Job on Trustee Rue, Johnson AddressA q63 6' 11A e STATE OF IDAHO ) ss. County of Ada ) On thisAda of y 20 � , before me, the undersigned, a Notary Public in and for said State, personally appeared C. Leon Johnson and E. LaRue Johnson, known or identified tome to be the persons whose names are subscribed to the within instrument, as trustees of the Leon` and LaRue Johnson. Family Trust dated February 13, 2003, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ROBERT T. SMITH (S AL) NOTARY PUBLIC N TARY PUBLIC FOR IDAHO STATE OF IDAHO Residing at: Commission Expires: l/ Sewer Main Easement EASMT SEW 11-15-13.doc GRANTEE: CITY OF MERIDIAN Tammy de rd, ayor .m t,�LD AIDC CiS!":., v city of ttest by yeee L. Holman,City Clerk� Ali � i'�1t �Ajyj Approved By City Council On: � 1'A1 s STATE OF IDAHO, ) ss County of Ada ) On this l dayof Pte, 20, before me, the undersigned, a Notaiy Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, known to me to be the Mayor and City Cleric, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and aclalowledged 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) .•••••.. NOTARY UBLIC FO DAHO ®• JN JO ® Residing at: ® 0" O ® Commission Expires: Ca ce n q 0 •'fit .� • ii w Sewer Main Easement EASMT SEW 11-15-11doc EXHIBIT A SANITARY SEWER EASEMENT DESCRIPTION FOR GREEN VILLAGE DEVELOPMENT INC. An easement located in the. SE 1/4 of the SE 1/4 of Section 31, Township 4 North; Range1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southeasterly corner of said SE 1/4 of the SE '/4, from which an aluminum cap monument marking the northeasterly corner of the SE I/4 of said Section 31 bears N 0°31' 11" E a distance of 2659.05 feet; Thence N 0'31'11" E along the easterly boundary of said SE 1/4 of the SE 1/4 a distance of 1329.52 feet to the northeasterly corner of said SE 1/4 of the SE 1/a; Thence leaving said easterly boundary N 89'46'17" W along the northerly boundary of said SE 1/4 of the SE 1/4 a distance of 7.51.39 feet to the POINT OF BEGINNING; Thence continuing N 89°46'17" W a distance of 20.05 feet to a point; Thence leaving said northerly boundary S 3°38'57" E a distance of 85.67 feet to a point; Thence S 43°1723" W a distance of 43.84 feet to a point; Thence N 89'46'17" W a distance of 24.27 feet to a point; Thence S 0'34'10" W a distance of 224.50 feet to a point; Thence S 89046' 17" E a distance of 20.00 feet to a point; Thence N 0'34'10" E a distance of 194.50 feet to a point; Thence N 45°23'56" E a distance of 14.18 feet to a point; Thence S 89'46'17" E a distance of 47.89 feet to a point; Thence N 3°38'57" W a distance of 137.82 feet to the POINT OF BEGINNING. This parcel contains 8,553 square feet (0.196- acres) acres and is subject to any other easements existing or in use. PR Prepared by: Glenn K. Bennett, PLS _ Civil Survey Consultants, Incorporated p: 5.08 August 24, 2015 1� 114 �t QUENZER COMWONS R' t SUBDIVISION N0. 6 N 89'46'17" W 751.39' J _...-------- -- (20.05 q I ---_.POINT OF BEGINNING V (�p co a � LQ N 89'46'17" W �, � � I < h 24.27' S 8946'17Lid," E �., I 47.89' �N 45°2356" E 6 5 14.18' `, C OR hi SCALE.- l'-50' tt? V, Q) _ Oma � (o (� U co 0" of" 20, 00} O co S 89'46'17" E u> : N HFNJTACE ,RL�i/F 50801111S1Q1V N0, 3 PROPOStD1 C