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
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Sewer N gment y i,
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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?
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Sewer Main Easement REV. 08/15/16
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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
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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.
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