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Movado Subdivision No. 1 Sewer and Water EasementADA COUNTY RECORDER Christopher D. Rich 2017-079320 BOISE IDAHO Pgs=5 VICTORIA BAILEY 08/24/2017 09:49 AM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER AND WATER MAIN EASEMENT ND • --L THIS INDENTURE, made this a Lday of Aug• , 20 17 between Movado Development LLQ, 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 might 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 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 of 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. Member1 dd- tea i` SBICko Secretary STATE OF IDAHO ss County of Ada ) On this 4"L day of 14 wJ , 20 11 , before me, the undersigned, a Notary Public in and for said State, personally appeared • I%W'- Co e,r and 6e__._- , Imown or identified to me to be the PresiAent and lAev,b2r Seeret-arr, respectively, of the corporation that executed the within instrument, and aclaiowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day andYtearfistabovew }} 1F tp 9 F X00 V". . ) N `+a . r aoT AR), 1 0 1' U V i Pktlii. tld Y1''' Gb NOTARY PUBLIC FOR IDAHO Residing at: '(Bow— Commission Expires: Sanitary Sewer and Water Main Easement REV. 08/15/16 GRANTEIj' CITY OF MERIDIAN IMR° 1;1W, Coul\la , Fvall Atte by C,:. y Coles, City Clerk Approved By City Council On:. I S Tz e q/ STATE OF IDAHQ, ) ss. County of Ada ) W ojb(W S 4 qLNO on this asnd day of , 2017, before me, the undersigned, allotary L) Public in and for said State, pei pally appcar-ed-T-affl# eAVeef a.nd-C.Jay Coles, .known to. I r me to be tlieer=.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 WHEREQF, I have hereunto set ray hand and affixed ray official seal. the day, and ym fist above written. rrrrrrr• gLE1 r,••• S 0T4 ,ly,•; OF 0600 r,hn Po A.1 Wv4' NOTARY PJ7BLIC k OR 11SAHO Residing at; `ern- () A dU ) --rD Corximission Expires; , a ,3 -,anD Da Sauttary SeWet and WOW Main Easmoiit REV. 08/15/1 5 Adek Sawtooth Land Surveying, LLC C P: (208) 398-8104 F: (208) 398-8105 GGG 2030 5. Wa5hm6jton Ave., Fmmett, ID 836 17 t;6i' August 11, 2017 Movado Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 1 Legal Description BASIS OF BEARINGS for this description is South 89013'35" East between the brass cap marking the N1/4 corner of Section 21 and the aluminum cap marking the northeast corner of Section 21, both in T. 3 N., R. 1 E., B.M., Ada County, Idaho. A parcel of land located in the NE1/4 of Section 21, T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows; COMMENCING at a brass cap marking the N1/4 corner of said Section 21; Thence South 0°11'04" West, coincident with the west line of said NE1/4 of Section 21, a distance of 1946.24 feet; Thence South 89048'56" East, 334.00 feet; Thence North 0°11'04" East, parallel with said west line of the NEI/4 of Section 21, a distance of 144.00 feet; Thence South 8904856" East, 10.00 feet to the POINT OF BEGINNING; Thence North 0°11'04" East, parallel with said west line of the NEI/4 of Section 21, a distance of 190.40 feet; Thence South 89048'56" East, 30.00 feet; Thence South 0°11'04" West, parallel with said west line of the NE1/4 of Section 21, a distance of 190.40 feet; Thence North 89048'56" West, 30.00 feet to the POINT OF BEGINNING. The above described parcel contains 0.13 acres more or less. End Description OF VD P0, P:\2017\17002 -CMG MOVADO 1\Survey\Drawings\Descriptions\MOVADO SUB NO 1 SEWER AND WATER EASEMENT NO 1.docx Page 11 E A e d m C"n q