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Sanitary Sewer and Water Easement for Isola Creek Subdivision No 3ADA COUNTY RECORDER Christopher D. Rich 2016-028673 BOISE IDAHO Pgs=5 DAWN TRIVOLIS 04/06/2016 03:02 PM MERIDIAN CITY NO FEE 111111111111111111111111111111111111111111111111111111 111 00211431201600286730060063 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this 5 - day of -Aj�y-,\, 2016, between Isola Creek LLC, 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, its 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. 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 Isola Creek Subdivision No. 3 Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc 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: ISOLA CREEK LLC Thomas M. Coleman, President Coleman Homes LLC Manager of Isola Creek LLC 3103 W. Sheryl Drive, Suite 100, Meridian, ID 83642 Address STATE OF IDAHO ) ss. County of Ada ) On this day ofq4, 2016, before me, the undersigned, a Notary Public in and for said State, personally` ppeared Thomas M. Coleman, Jr., known or identified tome to be the President of Coleman Homes LLC, Manager Isola Creek LLC, the limited liability company that executed the within instrument, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have and year first above written. ,, } `V Isola Creek SubN-Vision. lo.�4� rani set my hand and affixed my official seal the day N` G\TARY PUBLI FO IDA Residing at: Commission Expires: zy 1� Sewer and Water Main Easement EASMT S&W 11-15-13.doe GRANTEE: CITY OF MERIDIAN Tammy de e d, Mayor f t rty of I /� .Qm :Gsn,rso Attest b ycee L. Holman, City Clerk � `�:;, S_ 1L g Approved By City Council On: STATE OF IDAHO, ) ss County of Ada ) On this ��� day of 7 r, , 2016, 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. 0088... .• �ZCA Jp. oTA,p��,�tn ® , (SE�LNOTARY PUBLIC FOR IDAHO t ® ! Residing at: Lr ® `.� .• Commission Expires: 1 ' y d 2CD Isola Creek Subdivision No. 3 Sanitary Sewer and Water Main Easement EASMT S&W I 1-15-13.doc EXHIBIT A February 8, 2016 DESCRIPTION FOR MERIDIAN CITY OFF-SITE SANITARY SEWER & WATER EASEMENT PROPOSED ISOLA CREEK SUBDIVISION NO.3 An easement located in the southwest'/4 of Section 35, T. 4 N., R 1 W., B.M., City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the W'/4 corner of said Section 35, from which the SW corner of said Section 35 bears South 00°53'07" West, 2643.59 feet; thence South 36°18'42" East, 1590.72 feet to the POINT OF BEGINNING; Thence North 52°10'29" East, 54.31 feet; Thence South 37°49'31" East, 42.00 feet; Thence South 52°10'29" West, 54.31 feet; Thence North 37°49'31" West, 42.00 feet to the POINT OF BEGINNING. Said easement containing 2,281 s.f., more or less. L LANos �S HSTF CL 11118 ;0 �LTON 140228-ofssease.docx EXHIBIT B 1 34 35-�--. _ _ _ _ S 89'11'20' E 1967.21 ._.—....... ...... •—•—•...... —. /4.1 WESTERLY BOUNDARY INTERIOR ANGLE POINT BRIDGETOWER CROSSING SUBDIVISION NO. 3 or� \ Q. ► I I I I I \ I �� ►II \ \ ► z' ►L"—T--r-- �—�--�-- Z I ►�N zi ;o Lq y W. TEANO DR. mLo o I j I PROPOSED Z t I o ► 5ti1��� W. TUBAC DR. ISOLA CREEK SUED. NO. 3 S 1/16 Nti• 1 SEWER WA7ER y( N9 tov. , EASEMENT - - - - - - - - - - 1 2,281 SF � II II BRIDGETOWER SUBD. NO. 1 I I Np L LA /vo ESTE s G 34 35 TM, R1W + $ o 3 2 W. USTICK ROAD A O VA 1l ► _ �j qTF OF 'LT0N W NP' SCALE 1"=200' MERIDIAN CITY OFF-SITE SANITARY ENGINEERING DWG.DATE 02/08/15 SEWER & WATER EASEMENT PROJ. NO. 140228 PROPOSED ISOLA CREEK SUBD. NO. 3 SOLUTIONS SHEET 1 OF 1 LOCATED IN THE SW 1/4 OF SECTION 35 1029 N. ROSARIO ST., STE. 100 T.4N., R.1W., B.M. MERIDIAN, IDAHO 83642 MERIDIAN, ADA COUNTY, IDAHO Phone (208) 938-0980 Fox (208) 938-0941