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Sanitary Sewer and Water Main Easement Decatur No. 2ADA COUNTY RECORDER Christopher D. Rich 2016-097986 BOISE IDAHO Pgs=5 DAWN TRIVOLIS 10/12/2016 03:00 PM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this -�— day of�, 20 between 4345 Linder Road 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 and service 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 for the operation and maintenance of sanitary sewer and water mains 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 and replacement 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 or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. 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 Sanitary Sewer and Water Main Easement REV. 08/15/16 any perriianent 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 fie withinthe 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. GRAN er Road Todd Amyx, Manag 13967 W. Wainwright Dr., Suite 102 Address Boise, Idaho 83713 STATE OF IDAHO ) ) ss County of Ada On this,-ont— Public in and for s before me, the undersigned, a Notary known or identified to me to be the Manager of the Limited Liability Company that executed the within instrument, and acknowledged to me that such Limited Liablity Company executed the same. I have hereunto set my hand and affixed my official seal the day NOfARY PUBLIC FOR IDAHO Residing at: :50 !<'e' Commission Expircs:___Z I (o I Sanitaty Sewer and Water Main Easement REV. 08/15/16 GRANTEE: CITY OF MERIDIAN Tammy de AttestYy C. Jay Coles, City Clerk C' V of o. PIAN �OANO SEAL Approved By City Council On: �)D[ 6 STATE OF IDAHO, ) SS. County of Ada On this__LL_day of nC'-,-�p 20 l before me, the undersigned, a Notary Public in and for said State, personally appeared Tanury de Weerd and C. Jay Coles, 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. CH • (SEAL) �� N p�,�'t 7 ,�• rd9$o •.•• 4� NOTARY P IC FOR IDAHO Residing at: Commission Expires:_ Sanitary Sewer and Water Main Easement REV. 08/15/16 Exhihi� A September 21, 2016 DESCRIPTION FOR MERIDIAN TTY` OFF-SITE SANITARY SEWER AND WATER EASEMENT PROPOSED DECATUR ESTATES SUBDIVISION NO. 2 An easement located in the NE %of Section 35, TAN., R.1 W., 'B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northeast corner of said Section 35, from which the East % comer of said Section bears South 00014'39" West, 2634.70 feet; thence South 29001'41"West, 2291.09 feet to the POINT OF BEGINNING; Thence South 27"03'11" West, 73.16 feet-, Thence South 13'42'04' West, 50.72 feet; Thence South 00*20'56" West, 90.52 feet; Thence North 89"39'04' West, 19.00 feet; Thence South 00020'56" West, 268.63 feet; Thence South 89'11'37" East, 272.71 feet, Thence South 63'30'20" East, 250,08 feet; Thence South 00"48'29" West, 33.10 feet to a point on the southerly boundary of said NE Y4 of Section 35; Thence along said southerly boundary North 89'11'37" West, 20.00 feet; Thence leaving said southerly boundary North 00'48'29' East, 20.53 feet; Thence North 63030'20" West, 232.94 feet; Thence North 89011'37' West, 287.99 feet; Thence North 00'20'56' East, 326.87 feet-, Thence North 07'33'43' East, 97,40 feet; Thence North 27003''11" East, 96.83 feet; I L L A /Vj) L A N" C ST� Thence South 59'18'03" East, 32.27 feet to the POINT OF BEGINNING, Said easement containing 24,282 SF, more or less, 11118 W 160405-ss&wate as e, d o cx Exv-� .1 b I -f 1) W. wamiLEAN RD.' 26 AL1&'910S1041 /1/0 ' ' N J ) I �,� 2011^ ,' SSE` �.1 s POINT YfAN/NG C)zE rn N 89.39'04" W 906 � �p,t. L.A JVD SCD C6 C�Q�° 272.71.'` PRCY'0.5f`0 ,Er ZWFjNT � � 11 1 18 � o 24,282 Sf 511'37� S 5 s ?6_? 0&o � ��, N aD•48'29 I N 89.11'37" w_ 35 1/ 2D.53' 20.00'1 36 SCALE 1"=200' MERIDIAN OITY OFF-SITE SANITARY EVINEERING DwG.DATE 09/21/16 SEWED & WATER EASEMENT 11 PRU Na. 160405 PROPOSED DECATUR ESTATES SURD, NO.2 SOLUTIONS SHEET 1 OF 1 LOCATED IN THE NE 1/4 OF SECTION 35 1029 N. ROSARIO ST., STE, 100 T.4N.> R.1W., B.M. MERIDIAN, IDAHO 83542 3ffi4(15-SSArwAfFAS�.[]wG bk MERIDIAN. ADA COUNTY, IDAHO Phone (208) 938—M80 Fox (208) 938.0941 ,F _;_ AL1&'910S1041 /1/0 ' ' N J ) I �,� 2011^ ,' SSE` �.1 s POINT YfAN/NG C)zE rn N 89.39'04" W 906 � �p,t. L.A JVD SCD C6 C�Q�° 272.71.'` PRCY'0.5f`0 ,Er ZWFjNT � � 11 1 18 � o 24,282 Sf 511'37� S 5 s ?6_? 0&o � ��, N aD•48'29 I N 89.11'37" w_ 35 1/ 2D.53' 20.00'1 36 SCALE 1"=200' MERIDIAN OITY OFF-SITE SANITARY EVINEERING DwG.DATE 09/21/16 SEWED & WATER EASEMENT 11 PRU Na. 160405 PROPOSED DECATUR ESTATES SURD, NO.2 SOLUTIONS SHEET 1 OF 1 LOCATED IN THE NE 1/4 OF SECTION 35 1029 N. ROSARIO ST., STE, 100 T.4N.> R.1W., B.M. MERIDIAN, IDAHO 83542 3ffi4(15-SSArwAfFAS�.[]wG bk MERIDIAN. ADA COUNTY, IDAHO Phone (208) 938—M80 Fox (208) 938.0941