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Golden Grove Sub Heartland Townhomes Property Management, LLC Sewer EasementADA COUNTY RECORDER Christopher D. Rich 2017-016479 BOISE IDAHO Pgs=6 LISA BATT 02/24/2017 08:03 AM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER EASEMENT p{' itar3l.d Ta w„oM1 Sc THIS INDENTURE, made this 4 day of P6 , 2017 between I L , 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 herefnafter 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 and servicesaid 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 for the operation and maintenance of a sewer line 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 sanitary sewer line 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 malting 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 any permanent structures, trees, brush, or perennial shrubs or flowers within the area Sewer Main Easement REV, 08/15/16 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 WITNE OF, the said parties of the first pant have hereunto subscribed their signatuy s the da and year first herein above written. GRANTO t4lrla1w. ti cS PN ' , L 44osWent- YV\AM81f )Oh l A— LwAdt sir, Address Secretary STATE OF IDAHO ) ss County of Ada ) On this - day of _e fkt-q'j 2011 before ire, t e undersigned, allotary Public to and for said State, persona II/appeared 506) Atow'e 6/ artdr known or identified to me to be the f4esident-acrd- mq h Ay r oc, etaq, respectively, of the c"pe that executed the within instrument, and 0 acknowledged to me that surpm ali e outed the same. oI11 1 IN WITNESS WHEREOF, I i4av"ereunto set my hand and affixed my official seal the day and year fist above written, 9R , i NOTARY PUBLIC FOR IDAHO Residing at: v,''i2 X17 Ati11I,IG Commission Expires: o'z0) j lsy4A .' O `` REV. 08/15116 GRANTEE: CITY OF MERIDIAN Tammy dgAyeerd, Mayor by Way Coles, City Clerk Approved By City Council On: STATE OF IDAHO ss County of Ada eOrV uG T Iiy Or W EIDIANNt- IOAHO SEAL ) On this A 15" day of VJ , 20 before me, the undersigned, a Notary Public in and for said State, personally peared 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. w•rrll • g,L s , t. r LIC, ' OF ID Alagoas*•'• 0--hdwyty 0-0-tk NOTARY PUBL R IDAHO Residing at: j — , JAWS Commission Expires:_ A U a 2' Sewer Main Easement REV. 08/15/16 Y t6 A A.Sawtooth Land 5urveying, LLC SOOT P: (208) 398-8104 F: (208) 398-8105 Lo Suvry iq LLG 2030 S. Wa5hmgton Ave., Emmett, ID 83617 February 2, 2017 Golden Grove Subdivision City of Meridian Sewer Legal Description BASIS OF BEARINGS for this description is North 0137'07" East, between the aluminum cap marking the southwest corner of Section 28 and the aluminum cap marking the S1/16 corner common to Sections 28 and 29, both in T. 3 N., R. 1 E., B.M. A parcel of land located in the SWI/4 of the SWI/4 of Section 28, T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows; COMMENCING at a found aluminum cap marking the southwest corner of Section 28; Thence North 0037'07" East, coincident with the westerly boundary of said SWI/4 of the SW1/4 of Section 28, a distance of 235.00 feet; Thence South 89115'17" East, 59.21 feet to a 5/8" rebar PLS 5082 on the easterly right of way of S. Eagle Road; Thence North 4053'08" West, coincident with said easterly right of way of S. Eagle Road, 12.76 feet to a 5/8" rebar PLS 5082; Thence North 0037'07" East, coincident with said easterly right of way of S. Eagle Road, 47.22 feet to a 5/8" rebar PLS 5082; Thence North 3147'14" West, coincident with said easterly right of way of S. Eagle Road, 130.50 feet to a 5/8" rebar PLS 14221; Thence North 0037'07" East, coincident with said easterly right of way of S. Eagle Road, 81.49 feet to the POINT OF BEGINNING; Thence continuing North 0137'07" East, coincident with said easterly right of way of S. Eagle Road, 20.08 feet; Thence South 84015'59" East, 185.26 feet to the beginning of a non -tangent curve; Thence 28.34 feet along the arc of said curve to the left, with a central angle of 22114'29", a radius of 73.00 feet, subtended by a chord bearing South 50128'43" West, 28.16 feet; Thence North 84015'59" West, 163.65 feet to the POINT OF BEGINNING. P:\2016\16213 -BAILEY ENGINEERING-GOLDENGROVE\Survey\Drawings\Descriptions\CITY OF MERIDIAN SEWER EASEMENT.docx Page 11 The above described parcel contains 0.08 acres more or less. P:12016\16213 -BAILEY ENGINEERING-GOLD ENG ROVE\Survey\Drawings\Descriptions\CITY OF MERIDIAN SEWER EASEMENT.docx Page 12 w6i 5 N w Q oda Ui Oami °moo o Q LtILLI Q O a; i gheV M R P N o a w y z Wsrzt M.e+ats.YN BB3Ix 3.LaLC dN 66'IB .3.LOLC dN eudz $r,a OS'dCt M.il.[Y.CN 3tY N w WZ NW y 4woc d0'SCC WOH 310Y3'S 3'10.[C.ON 8 W (1) U wzwco LL 0 F3oU n. y Yor? o b CMWOtt Ud