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Sanitary Sewer & Water Easement with Twelve Oaks for Twelve Oaks SubADA COUNTY RECORDER Christopher D. Rich 2016.032991 BOISE IDAHO Pgs=6 CHE FOWLER 04/20/2016 11:08 AM MERIDIAN CITY NO FEE 1111111111111111111111111111111"'11III11111 1111' III 00216167201600329910060061 SANITARY SEWER AND WATER MAIN EASEMENT ' q 4-1, THIS INDENTURE, made this day of z , 20 between a C4 r LL C 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, set -vice 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 adj acent 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. 9 Address STATE OF IDAHO ) : ss. County of Ada ) On this / day of B Cs , 20 , before me, the undersigned, a Notary Public in and for said State, personally appeared JA -and and «------- , known or identified to me to be the P Yd WW&W 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 myhand and affixed my official seal the day and vear¢&W" w -written. e m c' tj W O 41 Sanitary Sewer ant1W4'fM®'frEasement NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: i f� EASMT S&W 11-15-13.doe GRANTEE: CITY OF MERIDIAN Tammy de e ,Mayor roV�UCUSTI,f M Ja ,c jo-rw Approved By City Council On STATE OF IDAHO, ) : ss County of Ada ) Clerk k I lvDAHO I AHO SEAL y� P Hl�R 0�f4e TP.E �SU��, On this 19 day of Q .n r , 20(D , before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and ,Jac. So 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) N O?'�„�: �e IAS , , L -A NOTARY PUBLX FOR IDAHO Residing at: J ---D Commission Expires: — / 8 - Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doe awtooth Land 5nrveyincj, LLC P (208) 39,5-8 1 04 F (20(5) 396-6 1 05 2030 5. �A/ashmgton Ave.. bnmetA- ID 83(--,l 7 April 8, 2016 EXHIBIT A Twelve Oaks Centre Subdivision Water and Sewer Easement Description BASIS OF BEARINGS for this legal description is North 89'13'17" West, between the brass cap marking the northeast corner of Section 14, and the aluminum cap marking the N1/4 corner of Section 14. A parcel of land located in Lots 1 and 2, Block 1, Twelve Oaks Subdivision, as shown on file in Book 108 of Plats, at Page 15179, Ada County Records, and located in the NEI/4 of Section 14, T. 3 N., R. 1 W., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at a brass cap marking the northeast corner of Section 14; Thence North 89°13' 17" West, coincident with the north line of the NEI/4 of said Section 14, a distance of 664.47 feet; Thence South 0°33'43" West, 45.59 feet to the northeast corner of Twelve Oaks Subdivision and the southerly right of way of W. Franklin Road; Thence South 89°30'20" West, coincident with said southerly right of way of W. Franklin Road, 50.29 feet to the POINT OF BEGINNING; Thence South 0°00'00" East, 59.68 feet; Thence South 67°35'37" East, 13.54 feet; Thence South 22°24'23" West, 150.20 feet; Thence South 89'13'17" East, parallel with said north line of the NEIA of Section 14, a distance of 17.41 feet; Thence South 0°46'43" West, 20.00 feet; Thence North 89'13'17" West, parallel with said north line of the NE1/4 of Section 14, a distance of 77.67 feet; Thence South 0°46'43" West, 23.12 feet; Thence North 90°00'00" West, 27.85 feet; Thence North 0°00'00" West, 23.50 feet; P:\2015\15054 -TWELVE OAKS 2\Drawings\Descriptions\15054-WATER AND SEWER EASEMENT.docx Frage 11 Thence North 89'13'17" West, parallel with said north line of the NEI/4 of Section 14, a distance of 50.32 feet to the westerly boundary of said Lot 1, Block 1 of Twelve Oaks Subdivision; Thence North 0°46'43" East, coincident with said westerly boundary of Lot 1, Block 1 of Twelve Oaks Subdivision, 32.00 feet; Thence South 89'13'14" East, 109.08 feet; Thence North 22°24'23" East, 70.34 feet; Thence North 67°35'37" West, 5.00 feet; Thence North 22024'23" East, 5.00 feet; Thence South 67°35'37" East, 5.00 feet; Thence North 22024'23" East, 66.96 feet; Thence North 0°00'00" West, 59.57 feet to said southerly right of way of W. Franklin Road; Thence North 89030'20" East, coincident with said southerly right of way of W. Franklin Road, 20.00 feet to the POINT OF BEGINNING. The above described parcel contains 0.26 acres more or less. ONppt- LA GCN S ® .®-- End Description 0;7'7�' .0 OF 1O c�RC P:\2015\15054 -TWELVE OAKS 20rawings0escriptions\15054-WATER AND SEWER EASEMENT.docx (-1age 12 PR l!Ohs C. II--rrrrrrrrrrrrrrrrrrrrr N'•_.�� WN� - C- C. cflNV�UiA -�O �Z � W y r oNrn NrnN0000wwocoowoaoNrno T 1 T n -TiO C � O oNVNVNyyyyco c0000coo�NVo oriw NwNCCCC��oo��+�-�NwoA o W m -+ OA(lIACn A(n (n (n (nWW00�WOJWA(nOz S O r NooNw�viN Wv_wNmo2M-M_ni cySoo0 m m �000 �mmm�m :UNmgmm G7 cnrnvASAW-4 cnNNN N-.-.-.cn0 O S°O�0000 oow�w�ovcnwco, m cn co 0 0 o is m vrn �A oo tv_ocnNVo-. 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