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Water Sewer easement by Hope-Ponderosa Oregon LTDADA COUNTY RECORDER Christopher D. Rich 2017-084867 BOISE IDAHO Pgs=3 HEATHER LUTHER 09/08/2017 04:22 PM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this Jr- day of, .2017 between Hope -Ponderosa Oregon LTD ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires 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 infrastructure in existence on the property consists of underground pipelines owned and operated by Grantee; and WHEREAS; it will be necessary to maintain tend setwice said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Granton, 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 existing sanitary sewer and water mains over and across the following described property: Parcel 51213110287, in the northeast quarter of the northeast quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, located in the City of Meridian, Ada County, Idaho.. The easement hereby granted is for the purpose of operation of existing 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. Further, Grantor hereby grants to Grantee a temporary construction easement for the purpose of connecting adjacent properties to the existing. water and sewer infrastructure including incidental work and storage of materials reasonably related to the construction process: 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 perfortning 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 Sanitaty Sewer and Water Main Easement REV. 09/08/16 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 for this easement, which would interfere with the vise 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 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 - Howard Liebreich, General Partner STATE OF OREGON ) ss County of Multnomah ) On this Cit `I 1�h day of Auft4t, , 20 1-4, before me, the undersigned, a Notary Public in and for said State, pers pally appeared Howard Liebreich, known or identified to me to be a General Partner of the limited partnership that executed the instrument on behalf of said limited partnership and acknowledged to me that said limited partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day OFFICIAL STAMP ELISE KRISTINE RINGER NOTARY PUBLIC -OREGON 9 COMMISSION NO. 956409 MYCOMMISSION EXPIRES NOVEMBER 08, 2020 TARY PUBLIC FOR OREGON Keslding at: Commission Expires: Sanitary Sewer and Water Main Easement REV. 09/08/16 GRANTEE: CITY OF MERIDIAN eo (icy of Tammy de Weerd, ayor ���NTER of the Atteby C.J Coles, City Clerk Approved By City Council On: _ U STATE OF IDAHO, S& County of Ada ) On this 5 day of Cl MUA , , 200, 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. rrrrrrr� (SE I . I I r I M A10(10 1.t NOTARY PUBLICFOA IDAHO Residing at: �� i Lb Commission Expires:- ag �}a Sanitary Sewer and Water Main Easement REV. 09%08/16