Maverik at Main and Franklin Sanitary Sewer Easement No. 1ADA COUNTY RECORDER Christopher D. Rich 2017-044127
BOISE IDAHO Pgs=5 VICTORIA BAILEY 05/17/2017 12:09 PM
CITY OF MERIDIAN, IDAHO NO FEE
SANITARY SEWER EASEMENT N® •
THIS INDENTURE, made this 16thday of Feb. , 20 17 between 97 Main, 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 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 service said 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 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
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 casement, 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 -or -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 larvvful 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.
97 Main, LLC
P4*4sid t Michael N. Fery, Manager
350 N. 9th Street, Ste, 200, Boise, ID 83702
Address
Secretary
STATE OF IDAHO )
) ss
County of Ada )
On this 1 Le day of February 2017 . before me, the undersigned, a Notary
Public in and far said State, personally appeared Michael N. Fery and
, known or identified to me to be the Prc sideut-.qnd Manager
SeEretnry;- speetively, of the oarpa�aticn that executed the within instru►nent, and
acknowledged to me that such e-ovpoi;ationlexecuted the same.
*limited liability company
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fist above written.
(SEA eRn-rANYMAt.88PIN
NOTARY PUBIJ
STATF, OF IDAHO
Server Main Easement
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NOTA l
Res' ing at: ICP IDAHO
_
Cot mission Expires. Q . ,?,() ,2
REV. 08/1 S1 16
MERIDIAN
Tammy de)#ee/d, Mayor
Attes y CV Coles, City Clerk
Approved By City Council On:, '�/
STATE OF IDAHO )
) ss
County of Ada )
On this day of H aq 20 before me, the undersigned, a Notary
Public in and for said State, personally appeared TAMMY DE WEERD and C,JA'Y 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,
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NOTARY PUBLIC FOR ID4HO
Residing at: ` M D 1 1U) ZD
Commission Expires:, 3 • a$ 'A0 a.),
Sewer Main Easement REV. 08/15/16
4,12-17
EXHIBIT A
Reeve
& Associates, Inc.
SEWER EASEMENT NO. 1
MERIDIAN, IDAHO
A 15 FOOT SEWER EASEMENT FOR THE PURPOSE OF INSTALLATION AND MAINTENANCE
BEING 7.5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
PART OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE I
EAST, BOISE MERIDIAN, U.S. SURVEY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT, SAID POINT BEING N89°19'47"E ALONG THE SECTION LINE, 165.40
FEET AND S00040'13"E 380.92 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 18;
THENCE S89° 19'22"E 301.85 FEET TO TIIE WESTERLY RIGHT OF WAY LINE OF MAIN
STREET AND ALSO THEPOINT OF TERMINUS. SIDES OF SAID EASEMENT TERMINATE AT
OR EXTEND TO GRANTOR'S PROPER'T'Y.
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Civil Engineering, Land Planning. Structural Engineering. Landscape Architecture . Land Surveying. Construction Surveying
5160 S 1500 W • Riverdale, Utah 84405 . Tel: 801-621-3100 . Fax: 801-621-2666
ogden(alreeve-assoo.cons . reeve-assoc.com
EXHIBIT B
EXHIBIT MAP TO ACCOMPANY LEGAL
SEWER EASEMENT NO.
MERIDIAN, IDAHO
FOUND 3.5" ALUMINUM
CAP MONUMENT AT THE
NORTHWEST CORNER OF
SECTION 18, TOWNSHIP 3
NORTH, RANGE 1 EAST,
BOISE MERIDIAN, CP&F
#112077571
165.40' u ^^
1 -
DESCRIPTION
1
N89'19'47"E 2401.62'
— 2236.22' — —
FRANKUN ROAD
FOUND BRASS CAP
MONUMENT AT THE NORTH
QUARTER CORNER OF
SECTION 18, TOWNSHIP 3
NORTH, RANGE 1 EAST,
BOISE MERIDIAN, CP&F
#104161986
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SCALE 1"=80'
4 ®j Reeve
Associates, Inc.
5160 S 1500 w
PoVmm-F, UGH 64105
TEL 801 821-3100
FAX: BOt 621-2666
wwreeeo—asaoc.com
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Mauerik, inc.
Franklin Road &
Main Street
Meridian, ID