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Sanitary Sewer an Water Main Easement between City of Meridian and TTS Idaho LLC wthin Third Street Sqaure SubADA COUNTY RECORDER Christopher D. Rich 2016-079047 BOISE IDAHO Pgs=8 DAWN TRIVOLIS 08/25/2016 09:49 AM CITY OF MERIDIAN, IDAHO $31.00 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this 12th day of August , 2016_ between TTS Idaho 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, 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 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. GRANTOR: President 3072 Wildflower Drive Encinitas CA 92024 Address STATE OF CALIFORNIA ) : ss. County of San Diego ) On this /--'7 day of AGOG— , 20 l 6 , before me, the undersigned, a Notary Public in and for said State, personally appeared Ti?ENTOV W and , known or identified to me to be the President 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. /--/ � ---7 (SEAL) .,.� RON J. SEGAL Commission # 2098015 Notary Public - California Z San Diego County D My Comm. Expires Feb 21, 2019 NOTARY CALIFORNIA Residing at: Si}/V O4e-6- / Commission Expires: Z — Z / —/ 7 Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc -ter\ Wiry of �w Mayor SEAL f { r Attest by J,4'e" an,, City Clerk Approved By City Council On. 7 � ,'F y STATE OF IDAHO, ) : ss County of Ada 22 ) On this 3 day of S— '20 k( , before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and known to me to be the Mayor and City Clerk, respectively, of the City of Muni, Md oo,, (�2n 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. NOTARY PUBLIC FOR IDAHO Residing at: fQq_, 1)� Commission Exp es: Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doe Exhibit A-1 Sewer & Water Main Easement Description An easement for sewer and water main installation and maintenance over the proposed Third Street Square Subdivision located in the Southeast Quarter of the Southwest Quarter of Section 7, Township 3 North, Range 1 East of the Boise Meridian, Meridian City, Ada County, Idaho being more particularly described as follows: Commencing at the found aluminum cap monument representing the position of the corner common to Sections 12 and 13, T3N, R1W and Sections 7 and 18, T3N, R1E as perpetuated by document 98117248, Records of Ada County; thence N 89° 19' 28" E along the line common to said Sections 7 and 18 for a distance of 1282.95 feet to a found 5/81h inch diameter iron pin at the intersection with East Third Street; thence N 000 24' 27" E along said East Third Street for a distance of 575.49 feet; thence S 90100' 00" E for a distance of 40.00 feet; thence N 000 24' 27" E for a distance of 110.00 feet to the REAL POINT OF BEGINNING; Thence N 00° 24' 27" E for a distance of 29.08 feet; Thence S 89134' 48" E for a distance of 248.80 feet; Thence N 000 25' 12" E for a distance of 25.66 feet; Thence S 890 27' 41" E for a distance of 10.00 feet; Thence S 000 25' 12" W for a distance of 25.63 feet; Thence S 890 34' 48" E for a distance of 5.80 feet; Thence N 000 25' 12" E for a distance of 21.04 feet; Thence S 890 27' 41" E for a distance of 15.87 feet; Thence N 000 32' 19" E for a distance of 60.05 feet; Thence S 890 36' 22" E for a distance of 20.00 feet; Thence S 00° 32' 19" W for a distance of 58.04 feet; (CONTINUED ON NEXT PAGE) 1602 W. Hays St., Suite 306 - Boise, ID 83702 ® Phone: 208-48874227 www. accuratesurveyors.com Exhibit A-2 n=4" c3a"eV4nf 9 GRITy to - n Thence S 89127' 41" E for a distance of 42.08 feet; Thence S 00° 00' 00" E for a distance of 19.92 feet; Thence N 89127'41" W for a distance of 29.26 feet; Thence S 000 32' 19" W for a distance of 51.75 feet; Thence S 890'27' 41" E fora distance of 34.51 feet; Thence S 00132' 19" W for a distance of 10.00 feet; Thence N 89127' 41" W for a distance of 34.51 feet; Thence S 000 32' 19" W for a distance of 48.61 feet; Thence S 89° 27' 41" E for a distance of 29.50 feet; Thence S 000 32' 19" W for a distance of 18.72 feet; Thence N 890 27' 41" W for a distance of 29.50 feet; Thence S 000 32' 19" W for a distance of 49.65 feet; Thence S 890 27' 41" E for a distance of 30.88 feet; Thence S 000 32' 19" W for a distance of 10.00 feet; Thence N 890 27'41" W for a distance of 30.88 feet; Thence S 000 32' 19" W for a distance of 63.11 feet; Thence N 89° 38' 10" W for a distance of 20.00 feet; Thence N 00132' 19" E for a distance of 25.92 feet; Thence N 890 25' 58" W for a distance of 13.00 feet; Thence N 000 32' 19" E for a distance of 58.76 feet; (CONTINUED ON NEXT PAGE) 2 1602 W. Hays St., Suite 306 ® Boise, ID 83702 w Phone: 208-863-4198 www.accuratesurveyors.com Exhibit A-3 Thence N 00° 32' 19" E for a distance of 20.00 feet; Thence S 890 27' 41" E for a distance of 12.28 feet; Thence N 000 32' 19" E for a distance of 113.07 feet; Thence N 89134' 48" W for a distance of 55.58 feet; Thence S 000 25' 12" W for a distance of 31.41 feet; Thence N 890 27' 41" W for a distance of 10.00 feet; Thence N 000 25' 12" E for a distance of 31.39 feet; Thence N 890 3448" W for a distance of 25.15 feet; Thence S 000 25' 12" W for a distance of 33.43 feet; Thence N 89133' 23" W for a distance of 10.00 feet; Thence N 00125' 12" E for a distance of 33.43 feet; Thence N 89134' 48" W for a distance of 4.12 feet; Thence N 000 24' 27" E for a distance of 2.03 feet; Thence N 890 36' 58" W for a distance of 175.50 feet to the REAL POINT OF BEGINNING. Easement contains 0.484 acres, or 21,409 square feet, more or less. 3 1602 W. 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