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Matthew Lebaron Sanitary Sewer and Water Main EasementADA COUNTY RECORDER Christopher D. Rich 2015-116569 BOISE IDAHO Pgs=S DAWN TRIVOLIS 12/23/2015 10:25 AM MERIDIAN CITY IIIINO FEE 00178081201501165690050051 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this 0a day of c . rn r , 201, between Matthew Lebaron , 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 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, service and subsequently connect to 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 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, replacement and subsequent connection 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, performing maintenance, replacements or subsequent connections to the sanitary sewer and water mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. 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. Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc 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 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. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: President Secretary Address / STATE OF IDAHO ) : ss. County of Ada ) On this .28 day of \JU, 20 15- , before me, theder igned, a Notary Public in and for said State, per nally appeared 0.7 a 'f4* u °4and known or identified to me to be the President .and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day ryr and yes��i7�;vritten. (SE -•- z' NOTARY PUBLIC FOR IDAHO . U B L I C.a` Residing at: Q' .1 ��� Commission Expires: `Z �. y' OF ISO Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc GRANTEE: CITY OF MERIDIAN Tammy de W(f ayor WA w iii Attest $y Jaycee L. Holman, City Clerk Approved By City Council On: STATE OF IDAHO, ) ss County of Ada ) TED Ali G� S?, I �9 W City of kJDIAN� IDAHO m SEAL, n � 2rf� o yP f�he TRE ASURO On this QQ day of 1pPce_ m )ce, 20 1!� , before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, 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. —am •6;ion Sanitary Sewer and Water Main Easement NOTARY P BL AHO Residing at: Commission Expires: 1 1 Q� EASMT S&W 11-15-13.doc EXHIBIT A UTILITY EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO PARCEL 30 — MATTHEW LeBARON An easement for utility purposes located in the SE 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southwesterly corner of said SE 1/4 from which a brass cap monument marking the southeasterly corner of said SE 1/4 bears S 89°15'24" E a distance of 2640.81 feet; Thence S 89°15'24" E along the southerly boundary of said SE 1/4 a distance of 369.33 feet to a point; Thence leaving said southerly boundary N 0°44'36" E a distance of 33.88 feet to the POINT OF BEGINNING; Thence continuing N 0°44'36" E a distance of 20.00 feet to a point; Thence S 89°15'24" E a distance of 32.00 feet to a point; Thence S 0°44'36" W a distance of 20.00 feet to a point on the northerly right-of-way of Franklin Road; Thence N 89°15'24" W along said northerly right-of-way a distance of 32.00 feet to the POINT OF BEGINNING. This parcel contains 640 square feet (0.015 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated el PAMay 8, 2015 SUR 1/4 EXHIBIT B SKETCH TO ACCOMPANY EASEMENT DESCRIPTION LOCATED IN THE SE 1/4 OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO. �I o i o �o O N POINT OF BEGINNING wl �I � ,00 d- � 0 zl 369 L LAIyO i T E� 5982 0 c�F rE OF �QP� K. BES SCALE: 1 "=20' 30 MATTHEW LeBARON S 89°15'24" E 32.00' UTILITY o EASEMENT o 'q - C -4 N 71- O 32.00' 1 N N 89'15'24" W 2271.48' 10 1 1 S 89'15'24" E 2640.81' 15 14 FRANKLIN ROAD CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312