Affidavit for Correction Sanitary Sewer Easement with Sundance Investments Limited Partnership for T-Mobile Project
ADA COUNTY RECORDER J. DAVID NAVARRO 3
i BOISE IDAHO 06/24/04 03:06 PM
, DEPUTY NEAVA HANEY
~i~~~~~E~n~i~~~r~EST OF "I 'I" 111111111111 II I II 1111111111111
AMOUNT 9.00 11341379946
AFFIDAVIT FOR CORRECTION
SANITARY SEWER EASEMENT
The intent of this Affidavit is to correct a portion ofthat certain Sanitary Sewer Easement
Agreement between Sundance Investments Limited Partnership, shown as the Grantor,
and the City of Meridian, Ada County, Idaho, shown as the Grantee for said Sanitary
Sewer Easement, recorded March 19, 2002, as Instrument Number 102032101.
The existing agreement reads as follows:
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that the Grantee, in making future repairs, will expediently replace and restore the
premises to a condition comparable to that existent prior to undertaking such repairs and
replacement. However, the Grantee will not be responsible for repairing, replacing or
restoring any permanent structures, large trees or brush placed within the area described
in this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be
placed any permanent structures, large trees or brush within the area described for this
easement, which would interfere with the use of said easement, for the purposes stated
herein.
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.
The agreement should have read, and hereafter shall read, as follows:
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that the Grantee, in making future repairs, will expediently replace and restore, at
Grantee's sole cost and expense, the premises to that condition existent prior to
undertaking such repairs and replacement. However, the Grantee will not be responsible
for repairing, replacing or restoring any permanent structures (other than pavement, curbs
and gutters), large trees or brush (other than landscaping) placed within the area
described in this easement.
. THE GRANTORS hereby covenant and agree that they will not place or allow to be
placed any pennanent structures (other than pavement, curbs and gutters), large trees or
brush (other than landscaping) within the area described for this easement, which would
interfere with the use of said easement, for the purposes stated herein.
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
AO 1113989.3
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
by, through or under Grantors, but not otherwise.
I, John R. Holder, being the sole member of HP Boise, LLC, a Georgia limited liability
company and successor in title to Sundance Investments Limited Partnership, do hereby
submit this Affidavit for Correction to be duly recorded.
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Acknowledged and agreed to:
CITY OF MERIDIAN, IDAHO
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AO 1113989.3
State of Georgia
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On this L day of dA-w' , in the year of 2004, before me, the undersigned, a
Notary Public in and for t~f Georgia, personally appeared John R. Holder,
known or identified to me to be the person whose name is subscribed to the within
instrument, and acknowledged to me that he executed the same.
In witness whereof, I have hereunto set my hand and
day and year first written above. ---
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State ofIdaho )
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County of Ada )
On thi~ day of f\, \ "^ ~ in the year of 2004, before me, the u?dersigned, a
Notary Public in and for t~fIdaho, personally appeared U.h..\>> \AxIl ~(\'\u.
known or identified to me to be the person whose name is subscribed to the within \
instrument, and acknowledged to me that he executed the same.
In witness whereof, I have hereunto set my hand and affixed my official seal the
day and year first written above. )6f\. ~ ,\\ 1\ "f'\ ~
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AO 1113989.3