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Easement with Lynx Investments for Director St.ADA COUNTY RECORDER Christopher D. Rich 2016-013035 BOISE IDAHO pgs=S CHE FOWLER 02!1712016 10:30 M CITY OF MERIDIAN 00194339201600`130360060063 I�I"'II"'I' SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this �day ofd , 20110 between L�, ' f L. F1, 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 and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipelines 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 EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains 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 and water 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. Sanitary Sewer and Water Main Easement EASMT S&W 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 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: President Secretary 712 /J Address STATE OF IDAHO ) . ss. County of Ada ) On this �7_ day of 1,13—, 20 16 , before me, the undersigned, a Notary Public in and for said State, personally appeared J o c I -I , 4 c and 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 WITNE$,S. WHEREOF, I have hereunto set my hand and affixed my official seal the day an4k u stq�� e written. ��,0� (YU4 JY'mac U _ E L' � L�'I`AR , BLIC FOR IDAHO RRsiding at: Commission Expires: I i 5-17 Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc GRANTEE: CITY OF MERIDIAN Tad; Mayor °4p'TrogU�, � LS? l City of ULDIANk Attest by ycee L. Holman, City Clerk r '� tI""° SEAL Approved By City Council On: y� fes, STATE OF IDAHO, ) : ss County of Ada ) On this 164` day of Ve,6nt �, 20 1 (, , 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. 0_QM.Q,� L' A U-� NOTARY PUBI,,�C � ID Residing at: C' -�� Commission Expires: 01- a a -1 Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc I 1515 S. Shoshone St., Boise, ID 83705 Lew IS, Office (208)342-7957 Fax (208)342-7437 WEST DIRECTOR STREET UTILITY EASEMENT DESCRIPTION WITHIN A PORTION OF THE NORTHEAST'/a OF THE NORTHWEST '/a OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, THE CITY OF MERIDIAN, ADA COUNTY, IDAHO The intent of this description is to describe a parcel of land adjoining the west end of West Director Street for Utility Easement purposes: located within a portion of the Northeast % of Northwest % of Section 25, Township 4 North, Range 1 West, Boise Meridian, the City of Meridian, Ada County, Idaho more particularly described as follows: Commencing at a found Brass Cap Monument marking the Section Corner common to Sections 23, 24, 25 and 26, from which a found 5/8" rebar marking the % Corner common to Sections 24 and 25 bears South 89022'30" East, a distance of 2669.54 feet; thence along the westerly boundary of Section 25, South 00°55'10" West, a distance of 1328.81 feet to the North 1/16 Corner common to said Sections 25 and 26; thence along the North 1/161h line of Section 25 South 89°25'01" East, a distance of 2678.47 feet to the Center of Section line; thence along said Center of Section line North 00032'03" East, a distance of 250.99 feet to the intersection with the southerly right-of-way of West Director Street and the POINT OF BEGINNING; A. thence along the westerly projection of said southerly right-of-way North 89027'06" West, a distance of 50.00 feet to a point; B. thence along aline parallel with and 50.00 feet west of the said Center of Section line, North 00032'03" East, a distance of 52.00 feet to the intersection with the westerly projection of the northerly right-of-way of West Director Street; C. thence along the projection of said northerly right-of-way South 89027'06" East a distance of 50.00 feet to the Center of Section line; D. thence along said Center of Section line South 00032'03" West, a distance of 52.00 feet to the POINT OF BEGINNING. Subject to existing easements and rights-of-way as any may exist, of record or not of record. Containing 2,600 square feet, 0.059 acres, more or less. Refer to the attached sketch labeled "Director Street Utility Easement Exhibit". " "N Any modification of this description shall render it void. Prepared by: Fox Land Surveys, Inc. `' ^ Timothy J. Fox, President, PLS 7612 ��+,/ - Zz- END OF DESCRIPTION TJF:rmh� +�• W:\PROJECTS\2015\15108 CSHQA-LNDR-CHNDN.PR.1\PR0J\FLSI DOCS\DESCRIPTIONS\DIRECTOR AVE UTIL ESN1T 2016-01-22.DOC 0 co _c m N fD 0 I i I I S00°55'10'W 1328.81'_ N. LANDER ROAD d I cr I � Z 0 �zci y C, to00 A Do I I I``-4 { r I I 0 m ►C m m I I I zZ 0 co m I I I zA cn 40 C�j POI I I �� Ntd� i o9M N501 Z l i l i Z N00° 32'03"E A .00' CC x Im N O O N I I 4 O o- I 0 C I I � �N00°32'03"E � m � 250.99.'V -f52'.00, r' o S00° 32' 03"W 171 s I y W N< O \ CA 44 TNN ma y. 0 yo 80