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Tree Farm Subdivision No 1 Sanitary Sewer Easement No 1ADA COUNTY RECORDER Christopher D. Rich 2017-110936 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 11/20/2017 09:05 AM CITY OF MERIDIAN, IDAHO NO FEE THIS INDENTURE, made this 17 day of October, 2017 between IM3 ID Eggers Treefarm, LLC , the parties of the first pai t, 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 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 witbinthe 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 WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: M3 ID Eggers Treefarm, LLC, an Arizona limited liability company By: M3 Builders, LLC, an Arizona limited liability company Its: Manager By: The M3 Companies, LLC, an Arizona limited liability company Its: Member By: Aillia'm 1. Brownlee Its: Manager STATE OF ARIZONA ss County of Maricopa On this --L, —day of j/ 20LQ-I,- before me, the undersigned, a Notary Public in and for said State, personally appeared William I Brownlee known or identified to me to be the Manager of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto seamy hand and affixed my official seal the day and year fist above written. BECCA A. RIZZO Ica P " _0 0 Sewer N gment y i, 20ifl W4 f4dTARY PU13f1C FOR 7410 Residing at: q= 6 (1,412& aW11 OeM Commission Expires:1 1 d6l q REV. 08/15/16 GRANTEE: CITY OF MERIDIAN Approved By City Council On:- 1// NIZ17 STATE OF IDAHO ss County of Ada On this day of WOVn 20 -L -L, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and CJAY 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. NOT MY PUBLI OORIDAHO Residing at: • Commission Expires: 3-a? OV ease*** Sewer Main Easement REV. 08/15/16 (rJU.8)h J -U-0 ENOINEER5, INC. EXHIBIT A, 1 U 6 [`"7Ni?ANTES Tree Farm Subdivision No.1 Sanitary Sewer Easement No.1 Project Number 10-16-077'' September 20, 2017 : 7NE !'OA7CIYAY' �$ CROUP {.:INCPPINb A parcel of land situated in the West 1/2 of the Southwest 1/4 of Section 22 Township 4 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at an aluminum cap marking the southwest corner of said Section 22 Thence South 89'17'18" Bast, 2,647.24 feet to an aluminum cap marking the southeast corner of the Southwest 1/4 of Section 22; Thence North 36*01'37" West, 2,473.64 feet to the POINT OF BEGINNING; Thence 22.95 feet northwesterly along the arc of a curve to the left having a radius of 63.50' feet, a central angle of 2042'28'; and a long chord which bears North 46°40'36" West, 22.83 feet; Thence North 1403W47" East, 23.31 feet; Thence South 75°29'13" East, 20.00 feet; Thence South 14030'47" West, 34.31 feet to the POINT OF BEGINNING. Said parcel contains 560 square feet, more or less. End of Description. ONpL, i.A1 yp +fro\ tsT�R t 1779 Page 1 of 2 a 250 S Beechwood Avenue, Suite 201, Boise, Ip 83709 p 208-376-7330 f 208.-323-9336 Iv www.jub.com