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Bedford Place HOA Utility LineADA COUNTY RECORDER Christopher D. Rich 2017-008397 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 01/27/2017 01:08 PM CITY OF MERIDIAN, IDAHO NO FEE Re -Recording to Correct Notary ADA COUNTY RECORDER Christopher D. Rich BOISE IDAHO Pgs=5 LISA BATT 01/17/2017 02:50 PM CITY OF MERIDIAN, IDAHO NO FEE UTILITY LINE EASEMENT (Corporate Form) THIS Easement Agreement, made this / 7 day o#`�huc, 201-�—between BEDFORD PLACE HOME OWNERS ASSOCIATION, ("Grantor"), and the Cit of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a utility line right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the utility lines are to be provided for through underground conduits to be constructed by others; and WHEREAS, it will be necessary to maintain and service said conduits from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of utility lines 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 Pressure Reducing Vault utility lines 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 GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described Sanitary Sewer and Water Main Easement REV. 09/08/16 [corporate form] for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees 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 apart thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Robert Kobza, Pt&sideht of B 415 East Edgar, Meridian Id, 83646 STATE OF IDAHO ) ss County of Ada ) Place Owners Association, INC On this day f J� , 20, before me, the dersigned, allotary Public in and for said St ,persona ly appeared cert then and osition title of the officer , known or identi to me to be the President, or v' e -president, or secretary or assistant secretary of the corp ation that executed the strlunent or the person who executed the instrument on behal f said corporation d acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto my hand and affixed my official seal the day and year fist above written. NOTARY P Residing at: t Commission Expires: Sanitary Sewer and Water [corporate form] I• It � • E Y �� •ff %N Norg9 1. N= '0800 i 09108%T',•.. ••,.•'O `.; �OF�IDP�� for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees 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 farther effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: T -:- aljo '11 o T. Robert Ko President of B ord Place Owners Association, INC 415 East Edgar, Meridian Id, 83646 STATE OF IDAHO ) ) ss County of Ada ) On this nl"\ day of d IA Y V 1 , 201 , before me, the undersigned, a Notary Public in and for said State, personally ap-peared Robert J. Kobza, President . , known or identified to me to be the President, or vice-president, or secretary or assistant secretary of the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, 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 fist above written. AGUF NOTARY PUBLIC FOP, IDAHO `��`�PM.,��'' Residing at: i tib` •' Commission Expires: 12 dl �-d ` Q =gs 2"o c' •0; Puev r Sanitary Sewer and Water Main Easement REV. 09/08AP, [corporate form] EL) of o Tammy eerd, Mayor E Ij�AN � m- �o P �rhB TREASv��d Attitst by C. ay Coles, City Clerk Approved By City Council On: W /3/ '�Vl6 STATE OF IDAHO, ) ss, County of Ada ) On this 'Vn day of ZP-00-nA e.y— , 20 ((4 before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy 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. •4„000004•0 ♦ E W,,•. •,x,, •. (SEA - p , , r 1z o Easement �'hoAduu 6jo-ti, NOTARY PUBLIC FOR kDAHO Residing at:�(Ojai&daj, J&ILD Commission Expires: 3,9$ -aoao, EXHIBIT A EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO PRV 14 An easement located in the Government Lot 3 of Section 6, Township 3 North, Range 1 East, Boise Meridian, and being a part of Lot 1 of Block 2 of BE'DF'ORD PLACE SUBDIVISION as shown in Book 70 of Plats at Page 7162 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the northeasterly corner of said Government Lot 3, from which a brass cap monument marking the northwesterly corner of said Section 6 bears N 89°34'45" W a distance of 2406,70 feet; Thence N 89°34'45" W along the northerly boundary of said Government Lot 3 a distance of 814.88 feet to a point; Thence leaving said northerly boundary S 0"23'50" W a distance of 45,00 feet to the POINT OF BEGINNING; ` Thence continuing S 0°23'50" W a distance of 39.95 feet to a point; Thence S 89°36'10" E a distance of 10,00 feet to a point; Thence N 0°23'50" E a distance of 14.02 feet to a point; Thence N 22°53'50" E a distance of 17.96 feet to a point; Thence a distance of 20,12 feet along the arc of a 20.00 foot radius non -tangent curve left, said curve having a radius point bearing S 58°10'45" W, a central angle of 57°38`45" and a long chord bearing N 60°38'37" W a distance of 19.28 feet to the POINT OF BEGINNING, This parcel contains 474 square feet (0,011 acres) and is subject to any other easements existing or in use, son Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated 5082 October 12, 2016 t o/a/1b EXHIBIT B SKETCH TO ACCOMPANY EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN LOCATED IN GOVERNMENT LOT 3 OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO USTICK ROAD 1�4 36 L31 N 89'34'45" W 2406, i0' , 1 �'6 1591.82' L.r SCALE; 1'=20' kp,v- LAND 5082 OF 1N K. 8�NN CIVIL SURVEY CONSULTANTS, INC. 2893 SOUTH MERIDIAN ROAD MERIDIAN, IDAHO 03842 (208)888.4312 � I^ ho 0 ol� POINT OF I BEGINNING I b� o� FOUND PLS 4431 M �" IRON PIN v FOUND PLS 4431 o IRON PIN BEDFORD PLACE SUBDIVISION of N N o v o 2 c-1 WI 1 h N BLOCK 2 FOUND PLS 4431 IRON PIN i )ATA FOUND 4431 N niCTAKiPc IRON PIN L.r SCALE; 1'=20' kp,v- LAND 5082 OF 1N K. 8�NN CIVIL SURVEY CONSULTANTS, INC. 2893 SOUTH MERIDIAN ROAD MERIDIAN, IDAHO 03842 (208)888.4312