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Chesterfield Subdivision No. 4 Sewer & Water EasementADA COUNTY RECORDER Christopher D. Rich 2017-051915 BOISE IDAHO Pgs=5 LISA BATT 06/08/2017 12:51 PM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this (� day of20between �i%J60,Qjt.lhe parties of the first part, and hereinafter called the Grantors, and the City of N1 ridian, 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 fi•om time to time by the Grantee; NOW, TI-IEREFORE, 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 snaking 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 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 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 WITN SHEREOF, the said parties of the first part have hereunto subscribed their sign,afu-114the,lary and year first herein above written. President gg39 5�e til io��t � B oa Address eAj `)eve10Cr b,+, LhC -Secretary STATE OF IDAHO ) ss County of Ada ) On this ` day of (V) , 201 , before me, the undersigned, a Notary Public in and for said State, personal y appeared T An 4 L4, h. a , known or identified to me to be the President and, cretaW 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 fist above written. t407.4 m Sanitary Sewer and,'t�eP9t�a4As IDA .. CD -/,// � NOTARY PUBLIC FOR IDAHO Residing at: B 01 ,P. T Commission Expires:% / t R REV. 08/15/16 GO�poRAT�4q �� Gc GRANTEE: CI Y OF MERIDIAN ,l � w P�` rha rR�ASURE�P���-� -Atte y C,(j Coles, City Clerk Approved By City Council On: Z 64 ` STATE OF IDAHO, ) ss. County of Ada ) On this �0+11 day of ��( j�� , 201, before me, the undersigned, a Notary Public in and for said State, personally appeared 4at�e4and C.Jay Coles, known to X131 J C00AI � me to be the-M*y-E -and City Cleric, respectively, of the City of Meridian, Idaho, and who f31 i 0'10W 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. (SEAL) '*A -V- •. r '.,z • • • •••� STA'PE �.•• NOTARYMaL&" OR I AHO Residing at: i Commission Expires:3 A8'.)da2. Sanitary Sewer and Water Main Easement REV. 08/15/16 Legal Description Chesterfield Subdivision No. 4 - City of Meridian Sewer & Water Easement An easement parcel located in the SE Y4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows; Commencing at a brass cap monument marking the northeast corner of said SE %, from which a 5/8 inch rebar marking the northwest corner of said SE % bears N 89°31'47" W a distance of 2655.37 feet; Thence N 89°31'47" W along the northerly boundary of said SE % a distance of 1801.65 feet to a point; Thence leaving said northerly boundary S 9°53'14" E a distance of 791.48 feet to the POINT OF BEGINNING; Thence S 88047'15" E a distance of 30.00 feet to a point; Thence S 1012'45" W a distance of 100.00 feet to a point; Thence N 88047'15" W a distance of 30.00 feet to a point; Thence N 1°12'45" E a distance of 100.00 feet to the POINT OF BEGINNING; This parcel contains 3,000 square feet (0.069 acres) and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC March 30, 2017 Land Surveying and Consulting \QNP� LANDS 1 118 0 A 3b1to-Z'�� / F0F� 5 tiToN W NPS Chesterfield Subdivision No. 4 Job No. 17-13 CHESTERFIELD SUBDIVISION NO. A CITY OF MERIDIAN SEWER AND WATER EASEMENT- EXHII C 1/4 BASIS OF BEARING 2655.37' W. PINE AVE. N 89'31'47" W 1/4 ----------------------- 1801.610aii i r •t n LINE TABLE LINE # LENGTH DIRECTION Lt 30.00' S88'47'15"E L2 100.00' S112'45"W L3 30.00' N88'47'15"W L4 100.00' N1'12'45"E \O�px LA Nis %S T G'A o 11118 0 U) 13o�(-7 s� z n�/��r� O F 0 60 120 240 0/V W. N w'. m L1 cli L3 i a ELa:n Land Surveying and Consulting 231 E. STH ST., STE, A MERIDIAN, ID 83642 1208128&2040 1208128&2557 FaX www, I a n ds 01 u 60n s, blz 0