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Volterra Heights Subdivsion No. 3 Sanitary Sewer EasementADA COUNTY RECORDER Christopher D. Rich 2017-099215 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 10/18/2017 03:37 PM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER EASEMENT THIS INDENTURE, made this 0 day of 20/7 between 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 X 41 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 farther 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. GRANTOR: anagen 398 E. Copper Ridge St. Meridian, ID 83646 STATE OF IDAHO ) ) ss County of Ada On the: 11A day oAt6cr , 200 before me, the undersigned, a notary public in and for said state personally appeared known or identified to me to be the —of the Limited Liability Company that executed the instrument or the person who executed tde in who behalf of said Limited Liability Company and acknowledged to me that such Limited Liability Company executed the same. In witness whereof, Ibavvfiewunfi written. 'tkT B R 0 T • 4P, % OF I'D Sewer Main Easement set my hand and seal the day and year in this certificate first above iY NO'fARY4PUBLIC FOR IDAHO 4W Residing at:' h7e.,1A,,P CommissionExpires 1,uj( REV. 08/15/16 ED AUGUST GRANTEE: CITY OF MERIDIAN City of w E IDIAN IAMMO T., Zx7oia«Cil TlA'nrcrnw+ . 1(eit% 13l / &v4 -6t '� SEAL.: �i1TCLII11,' U V , (7 y orfho TRF- AM6 by ay Coles, City Clerk By City Approved B Ci Council On: STATE OF IDAHO ), ss County of Ada On this 1 day of obQ.(, 20 -1 before me, the undersigned, allotary Public in and for said State; personally appeared and C.JAY COLES Ke'�h lam. i moo,, �Dun6 ,�&, known to ne to be the Mayr and City Clerk, respectively, of the City of Meridian, Idaho, and e5► 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. rrrrrrrr,* ��•�-E elm- a., NOTARY PUBLIC FQR IPAHO COT � (VAL) Residing at: cuC7 n • Commission Expires:,;3, 22 D a,2 PR 'OFr rrrrra�rrrr�� 7 Sewer Main Easement, REV. G115116 Exhibit PARCEL DESCRIPTION Date: October 10, 2017° CITY OF MIERIDIAN SANITARY SEWER EASEMENT A parcel of land being a portion of the N1/2 NE1/4 of Section 34, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMNIENCING at the Nl1l 6 corner common to Sections 34 and 35, monumented by a 5/8" rebar, from which the northeast comer of said Section 34, monumented by a 5/8" rebar (Comer Record No. 108122909), bears North 00'5246" East, a distance of 1315.57 feet; Thence North 89'06'34" West, coincident with the south line of the N1/2 NE1/4 of said Section 34, a distance of 2018.49 feet; Thence North 00'52'09" East, a distance of 170.29 feet to the POINT OF BEGINNING; Thence North 89°07'51" West, a distance of 2.61 feet; Thence North 00'52'09" East, a distance of 535.00 feet-, Thence North 89°07'51" West, a distance of 10.00 feet, Thence North 00'52'09" East, a distance of 20.00 feet; Thence South 89'07'51" East, a distance of 114.72; Thence South 00'52'09" West, a distance of 20.00 feet; Thence North 89°07'51" West, a distance of 84.72 feet; Thence South 00'52'09" West, a distance of 535.00 feet; Thence North 89°07'51" West, a distance of 17.39 feet to the POINT OF BEGINNING. The above described parcel contains 12,994 square feet or 0.298 acres, more or less. Together with and subject to covenants, easements, and restrictions of record. The basis of bearings for this parcel is North 00'52'46" East between the NI /16 comer common to Sections 34 and 35 and the northeast comer of Section 34. End of Description o�t 660!."' 110/1-7 SKETCH FOR LEGAL EXHIBIT B CITY OF MERIDIAN SANITARY SEWER EASEMENT` A PARCEL OF LAND BEING A PORTION OF THE NJ 12 NE114 OF SECTION 34, T. 4 N., R. 1 W., BOISEMERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2017 PROPOSED NE CORNER VOLTERRA HEIGHTS` SECTION 34 SUBDIVISION NO. 2 S89'07'51 "E SO'52'09"W' N0'52''09"E' 114.72' 20.00' 20.00'` N 89'07'51 "W 10.00' N89'07'51"W 84.72' o' o c: o LO ori `n ±0.298 Ac. 12,994 s.f. o 0) N u7 tf) Q_' O p J 20' w z 1 ui f✓ CV u3 POINT OF z Z BEGINNING N89'07'51 "W N89'07'51 "W` 2.61' 17.39' w m 0) PROPOSED �' `� VOLTERRA HEIGHTS POINT OF P SUBDIVISION NO. 3 COMMENCEMENT o_r N1II S CORNER z N89'06'34"W 2018.49' SEC770NS �34& 35 SND '� \ S T f p 0561 0 N PTclfic- /m WH .. Bo�P - 2141 W Airport Way, Ste <1041 Boise, ID 88705 208-342-5400 Fax 208-342-M3 353 NOT TO SCALE www.whpacfic.com LS.P.CS., GRID NORTH