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Sagewood Subdivision Sanitary Sewer and Water Main EasementADA COUNTY RECORDER Christopher D. Rich 2017-099210 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 10/18/2017 03:31 PM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER AND WATER MAIN EASEMENT. THIS INDENTURE, made. this � l � day of OCiCtLC , 2017, between Russell D. Hunemiller and Dirk Marcum, the parties of the first pant, 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 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, its successors and assigns forever. Sagewood Offices Sewer .& Water Main Easement 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 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. Sagewood Offices Sewer & Water Main Easement 2 IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTORS: f Russell D. Hunemiller Dirk Marcum 3307 W. Davis Lane Meridian, ID 83642 STATE OF IDAHO ) ss. County of &c`. ) 1735 S. Millennium Way Meridian, ID 83642 On this day of UcA-Dy" , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared Russell D. Hunemiller, known or identified to me to be person that executed the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ••,��� r u u rU4h •• � M. ST 'a .�wti •,,...°°,,apo••,,, NO ARY PUBLIC FOR IDAHO z Residing at: `moo sk •'. 'PUBLIC .' My Commission Expires: ,,••y�rOFo sill„9P •••. Sagewood Offices Sewer & Water Main Easement STATE OF IDAHO ) 6" County of - AA&-- ) On this day of , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared Dirk Marcum, known or identified to me to be person that executed the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. EAL�'j• ® NO ARY PUBLIC FOR IDAHO AU C •O •. Z Residing at: B Lt �'•., J'••••.••���..�P,2..•` My Commission Expires: co D;7 Sagewood Offices Sewer & Water Main Easement 4 GRANTEE: CITY OF MERIDIAN Jay Coles, City Clerk Approved by City Council on:I C o / l -71 -�O/ 7 STATE OF IDAHO j ss. County of Ada AUG'/ O� IDIAN W \-ti SEAL )' On this n,,,, day of O.� , 2017,, before me, the undersigned, a Notary �ju�blic�, n i for said State; personally appeared and C. Jay Coles, known to i� 6+h ( bOLX0 1 friePto deet-e-MaM and City Cleric, 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. (s rp NOTARY PUBLIC FOR MAO Residing at: `n .4J A664 1 • My Commission Expires: %1 Sagewood Offices Sewer & Water Main Easement 14 13 BASIS OF BEARING _ _ _S 89'07'22" E 2655.69' W. OVERLAND ROAD 23 24��— .. — — —— Z �I SCALE 1 "=100' s zg EASEMENT A" PORTION OF EXISTING CITY OF MERIDIAN SEWER & WATER EASEMENT INSTRUMENT NO. 2016-028668 W. FLOWER GARDEN ST. 13 1/4 24 0 SOOD SUBDNISION LINE BEARING IN TABLE UNE POINT OF MUNN/NG S 89'00'00" E L3}/f�� AJ L7 i L5 — — I�rL� N 01'00'00" E r L8 ——Jrrr1719 SF S 89'00'00" E L11 o�CL7 L9 L4 S 01'00'00" W L9 L10 LOT 1 CD (BLOCK 2 Q L6 0 0 26.00' SOOD SUBDNISION LINE BEARING LINE DISTANCE TABLE UNE L1 S 89'00'00" E 57.05' L7 L2 N 01'00'00" E 28.33' L8 L3 S 89'00'00" E 24.77' L9 L4 S 01'00'00" W 28.33' L10 L5 S 89'00'00" E 13.18' Lll L6 S 01'00'00" W 26.00' L12 DWG.DATE 10/05/17 PROJ. NO. 160805 SHEET 1 OF 1 MERIDIAN CITY SANITARY SEWER NCINEERING AND WATER EASEMENT E LOT 1, BLOCK 2 50LUTIONS SAGEWOOD SUBDIVISION LOCATED IN THE NW 1/4 OF SECTION 24 1029 N. ROSARIO ST., STE. 100 T.3N., R.1W., B.M. MERIDIAN, IDAHO 83642 MERIDIAN, ADA COUNTY, IDAHO Phone (208) 938-0980 Fax (208) 938-0941 LA AfD `ONp,L y ,AL C 51ST£ BEARING DISTANCE N 89'00'00" W 17.95' O S 01'00'00" W 28.33' a 1 1 1 18 N 89'00'00"20.00' " W N 01'00'00 E 28.33' N O ►blU1 r1 �� _ � N 89'00'00" W 57.05' 9 P OF tirON N 01'00'00" E 26.00' W . NQ�� MERIDIAN CITY SANITARY SEWER NCINEERING AND WATER EASEMENT E LOT 1, BLOCK 2 50LUTIONS SAGEWOOD SUBDIVISION LOCATED IN THE NW 1/4 OF SECTION 24 1029 N. ROSARIO ST., STE. 100 T.3N., R.1W., B.M. MERIDIAN, IDAHO 83642 MERIDIAN, ADA COUNTY, IDAHO Phone (208) 938-0980 Fax (208) 938-0941 EXHIBIT B October 5, 2017 DESCRIPTION FOR MERIDIAN CITY SANITARY SEWER & WATER EASEMENT LOT 1, BLOCK 2, SAGEWOOD SUBDIVISION An easement located in the NW 1/4 of Section 24, T. 3 N., R 1 W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the NW corner of said Section 24, from which the N 1/4 corner of said section bears South 89°07'22" East, 2655.69 feet; thence South 83°03'46" East, 1747.19 feet to the northeast corner of that portion described as "Easement A" of an existing Meridian City Sanitary Sewer and Water easement recorded as Instrument No. 2016-028668, records of Ada County, Idaho, said point being the POINT OF BEGINNING; Thence South 89°00'00" East, 57.05 feet; Thence North 01°00'00" East, 28.33 feet; Thence South 89°00'00" East, 24.77 feet; Thence South 01°00'00" West, 28.33 feet; Thence South 89°00'00" East, 13.18 feet; Thence South 01°00'00" West, 26.00 feet; Thence North 89°00'00" West, 17.95 feet; Thence South 01°00'00" West, 28.33 feet; Thence North 89°00'00" West, 20.00 feet; Thence North 01°00'00" East, 28.33 feet; Thence North 89°00'00" West, 57.05 feet; Thence North 01'00'00" East, 26.00 feet to the POINT OF BEGINNING. Containing 3,739 SF, more or less. \o XNL LA /V S \ S T R GAG 11118 X �A i o (oS(l 1 s _ OF ALT 0IV W NPS 160805-meridease.docx