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Sanitary Sewer Easement with Twelve Oaks for Twelve Oaks SubADA COUNTY RECORDER Christopher D. Rich 2016_032992 BOISE IDAHO Pgs=6 CHE FOWLER 04/20/2016 11:08 AM MERIDIAN CITY NO FEE 11111111111 III 11111111111 IIIIIilllll Illi III III III 00216168201600329920060068 SANITARY SEWER EASEMENT THIS INDENTURE, made this day of e16, 20 between / 11,e- 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 fi ee 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. Secretary Address STATE OF IDAHO ) : ss. County of Ada ) it On this day of / , 20 , before me, the undersigned, a Notary Public in and for said State, personally appeared JL- p and known or identified to me to be the SO resreeoi , 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,°TOX ) 09 ®®dam Sewerin-N �Po oe 1 00 tpe�m0 ��i NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: 1l6'1 EASMT SEW 11-15-13.doc GRANTEE: CITY OF MERIDIAN Tarrany de Vleg6, Mayor Attest Vy i, Oi 4c� Jovt es Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) 044o��eD AUCUs�l I'90 City of E IDIAM-- ma SEAL ti BR Of �Ae TRE R`'�P On this Ok_ day of 412" \ , 20 t(,o—, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd ande�rr known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idahoo7v 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. L. 4+0 ,Ofyht� NOTARY PU4LIC FC R ID HO Residing at: ( ' DD Commission Expires: E-'� Sewer Main Easement EASMT SEW 11-15-13.doc r 5awt®®th Land Surveying, LLC �f11-✓I c���7 j� P: (208) 398-8104 F: (208) 398-8105 2030 5. Washmgton Ave., Emmett, ID 8361 7 January 26, 2016 EXHIBIT A Twelve Oaks Subdivision Sewer Easement Description BASIS OF BEARINGS for this legal description is North 89°1Yl 7" 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 NE1/4 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; Thence continuing South 0°33'43" West, coincident with the easterly boundary of said Twelve Oaks Subdivision, 181.41 feet; Thence North 89'13'17" West, parallel with said north line of the NEI/4 of Section 14, a distance of 85.02 feet; Thence South 0046'43" West, 24.00 feet to the POINT OF BEGINNING; Thence continuing South 0°46'43" West, 20.00 feet; Thence North 89'13'17" West, parallel with said north line of the NE 1/4 of Section 14, a distance of 157.67 feet; Thence South 41051'53" West, 85.36 feet; Thence South 34°25'01" West, 55.41 feet; Thence South 55°34'59" East, 34.30 feet; Thence South 29°17'28" East, 56.50 feet; Thence South 14°51' 17" East, 92.10 feet; Thence South 75°07'43" West, 324.77 feet; P:\2015\15054 -TWELVE OAKS 2\Drawi ngs\Descriptions\1 5054-S EWER EASEMENT.docx Page 11 Thence South 14'52'17" East, 100.50 feet to the south boundary of said Twelve Oaks Subdivision; Thence South 75°07'43" West, coincident with said south boundary of Twelve Oaks Subdivision, 20.00 feet; Thence North 14'52'17" West, 120.50 feet; Thence North 75°07'43" East, 324.77 feet; Thence North 14°51' 17" West, 69.57 feet; Thence North 29°17'28" West, 49.30 feet; Thence North 55°34'59" West, 49.62 feet; Thence North 34°25'01" East, 76.71 feet; Thence North 41°51'53" East, 95.76 feet; Thence South 89°13' 17" East, parallel with said north line of the NE1/4 of Section 14, a distance of 166.77 feet to the POINT OF BEGINNING. 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