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Sanitary Sewer Easement for Franklin Rd, Black Cat to Ten Mile with Jerry and Carol Trana ADA COUNTY RECORDER Christopher D.Rich 2015-116562 BOISE IDAHO Pgs=5 BONNIE 12/23/2015 10:19 AM MERIDIAN CITY NO FEE III IIIIIIIIII 111311111131 111111 111111 III II I III 00178073201601166620060066 SANITARY SEWER EASEMENT THIS INDENTURE, made this ? day of De cetvtber, 20 kcibetween Jerry and Carol Trana, 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: -VEL'L1-/' Presi t i��/ r✓'/. /' et S•• - • `,;' l ori rlGtt 1< L yeti ^G:4t Address STATE OF IDAHO ) : ss. County of Ada ) On this " day of kV h51 ,20 l 5 , before me,the undersigned,a Notary Public in and for said State, personally appeared 'rra ie cc and Gare Ttaa , known or identified to me to be the President and Secretary, respectively, 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 first above written. ••4,4:1 11,14. fi4// • (SEAL) `U0;S � '�► 0 NOTARY PUBLIC FOR IDAHO • • 0: Residing at: /9,6‘ li d ,' Commission Expires: V3/, Sewer Main Easementyj �,O ; EASMT SEW 11-15-13.doc GRANTEE: CITY OF MERIDIAN T. y de 110frd, Mayor v„fLDALC,, 146),--ct ot Attest b ycee L. Holman, City Clerk L._ /M EI ID ,A,NAS PUAHp y Approved By City Council On: a/ate//S .FYT SEAL the T R,15i�`� STATE OF IDAHO, ) : ss County of Ada ) On this wD day of -Des ems ,20 AS ,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. •��••*••� ems_ psi ,�r�• (S 0� 4 % NOTARY PUBLIC FOR IDAHO :'v% Residing at: \--kirm crirTh l� • J ;• Commission Expires: 1 / y / .)C>a .s'i TF nF v.• Sewer Main Easement EASMT SEW 1 1-15-13.doc UTILITY EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO PARCEL 9 — JERRY TRARIA An easement for utility purposes located in the SE 1/4 of Section 9, Township 3 North, Range 1 West, 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 from which a brass cap monument marking the northeasterly corner of said SE 1/4 bears N 0°38'55" E a distance of 2653.11 feet; Thence N 0°38'55" E along the easterly boundary of said SE 1/4 a distance of 360.68 feet to a point; Thence leaving said northerly boundary N 89°21'05" W a distance of 87.00 feet to the POINT OF BEGINNING; Thence N 89'34'15" W a distance of 37.03 feet to a point; Thence N 0°25'45" E a distance of 20.00 feet to a point; Thence S 89'34'15" E a distance of 37.11 feet to a point on the westerly right-of-way of Black Cat Road; Thence S 0°38'55" W along said westerly right-of-way a distance of 20.00 feet to the POINT OF BEGINNING. This parcel contains 741 square feet (0.017 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated May 8, 2015 n @ ",�'+�"Fe i` EXHIBIT SKETCH TO ACCOMPANY EASEMENT DESCRIPTION LOCATED IN THE SE 1/4 OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN; ADA COUNTY, IDAHO. SCALE: 1 "=20' 1/4 1 I 0 O 1 I cy— JERRY TRANA U N N S 89°34' 15" E r,) co w 37.11' o UTILITY 0 �n w N o N EASEMENT old N Lo O z O 37.03' N 89°21'05" W 87.00' 00o N7 o N 89°34'15" W z POINT OF BEGINNING coI 0 r pNL LAN® `o,, `STPR G� G 0 -c 0- 5p52 C CIVIL SURVEY CONSULTANTS, INC. 9 2893 S. MERIDIAN ROAD 10 E� �N K. 8ENS MERIDIAN, IDAHO 83642 1 6 15 (208)888-4312