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Sanitary Sewer and Water Main Easement for Normany Subdivision - Barletta Way ADA COUNTY RECORDER Christopher D. Rich 2016-023741 BOISE IDAHO Pgs=5 VICTORIA BAILEY 03/23/2016 10:57 AM MERIDIAN CITY NO FEE 1111111111111111111111111111 111111111111111th III 00206079201600237410060050 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this 4 day oOWS2016 between JAMES D. PATTERSON,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 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: Jajs D. Patterson C\ U d ,� ,'�C -1 A i• Address y, , C STATE OF IDAHO, ) ^ ^A SS. County of /� ) On this \ day o 2016, befor th dersi ed, a Notary Public in and for said tate,personally appe � t1 EiSpl known or identified to me to be the person that executed e ith instrument,and acknowledged to me that the person executed the same. IN WITNESS WHEREOF,I have hereunto set my hand . . , : ` • ;Ts • 4 fficial seal the day and ye Skist abgve written. Mach[,,) 2, 1,• - NOTARY PUBL C FOR IDAHO tit, 7 'v • G •e �'� • ; Residing at: f a �'� d' Commission Ex fires: 4- ►I 1 'c c fd O % •.,, AH .�. Sanitary Sewer and Water Main Easement GRANTEE: CITY OF MERIDIAN Tammy de lid,Mayor Attest b J ycee L. Holman, City Clerk " L . : Approved By City Council On: 3/ .-/c? i L STATE OF IDAHO, ) : ss County of Ada ) On this Pa day of 1,--ka ,20 Ito ,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) *4 k : NOTAR P :LIC i P AHO • t •y • • Residing at: �e_or;cl 1 00, (9 • Commission Expires: 1 - • p- -;-....45# ; **SSU..• Sanitary Sewer and Water Main Easement February 10, 2016 Exhibit"A" Description For TEMPORARY UTILITY EASEMENT NORMANDY SUBDIVISION NO. 1 South Barletta Way A portion of the North 1/2 of the Southeast 1/4 of Section 30, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho being more particularly described as follows: Commencing at the Southeast corner of said Section 30 from which the East 1/4 corner of said Section 30 bears North 00°30'10"West, 2651.92 feet; Thence North 27°21'49"West, 2644.46 feet to the REAL POINT OF BEGINNING; Thence North 45°58'33"West, 20.00 feet; Thence North 44°01'27" East, 45.00 feet; Thence South 45°58'33" East, 20.00 feet; Thence South 44°01'27"West, 45.00 feet to the REAL POINT OF BEGINNING. 15 4:• o,.4&Ito, J. WI BLOCK 6 Q 1/41 N O 25' I 25' 30 29 O O O �- Ei in 1 E. ARGENCE ST. N NI - in N N 1 1 10 LP 0 ,' 1 8/OCK5 ,/ \ -7.13(,A, / 1 cD N \ --F-, `•\ 7 / a) O N Z N,91- ` I-- 1 m 11t1/� �O 1 O L, 7C 11 I1IIIIIIII OJ a ♦1111111♦�_3 �Qi!IlliwEn °° , < 4 II I z lO A 1 /RPOB-- / I ?s,�r4 25 100 s4 4s" !q, 1- I 05 50 SCALE: 1 " = 50' . ''30 29 31 32 f\*pa.OLANG 4's....... s 7x15 LINE TABLE N���(o����o LINE BEARING LENGTH f"9j• "9TF \1 • 4/ L10 N 45'58'33" W 20.00' ..p./ OF L11 N 44'01'27" E 45.00' Ck J. S C`r�� L12 S 45'58'33" E 20.00' L13 S 44'01'27" W 45.00' 5:\ISG Projects\NORMANDY SUBDIVISION 15-052\d.g\MardianUtAoz_E0B.d.g 2/10/2016 4:35:30 PM MST IDAHO EXHIBIT "B" DRAWING FOR CITY OF MERIDIAN NO. 15-052 1450 E.0ATERTowE ST.SUITE NORMANDY SUB., TEMPORARY UTILITY EASEMENT SHEET No. SURVEY MERIDIAN,IDAHO 83642 S. BARLETTA WAY 4 GROUPP.C. ` ' '0 , PORTION OF THEN 1/2 OF THE SE 1/4 OF SECTION 30, D . DATE ` T.3N., R.1E., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 02-10-16