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Mark Choi Sanitary Sewer and Water Main EasementADA COUNTY RECORDER Christopher D. Rich 2015-116559 BOISE IDAHO Fgs=5 BONNIE 12f23f201510:19 AM MERIDIAN CITY NO FEE 11111111111111111111111111111 HE 111111111111111 00179070201601166590050065 SANITARY SEWER AND NATER MAIN EASEMENT THIS INDENTURE, made this Oa day of p, 20between Marls Choi , 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 l 1-15-13.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: Secretary Address STATE OF IeAtt6' ) /. it s 4-2— ss. County of AA& SAeV 19Y On this day of 20 0, before me, the undersigned, a Notary Public in and for said State, personally appeared 7�) 4. R.< Ch a r —and — pli —�— 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 first above written. V ST TE (SIAL) ' NOTARY PUBLIC FOR 19M 9-Tekw ESS C"E_ TENNESSEE Residing at: 1G A NOTARY tpy:p[J8L�C Commission Expires: a Z / 13Y 0 Sanitary Sewer and Water Main Easement EASMT S&W 1 t-15-13.dac 4 �'" A,. GRANTEE: CITY OF MERIDIAN Tammy de Veqi,Mayor G��e0gpTEi� eU�' ACL.A.-A.& .Attest Q Jaycee L. Holman, City Clerk Qty E1DIA,iNt- Approved By City Council On: 101ai -SEAL � � ltde 7QElWatt STATE OF IDAHO, ) ss County of Ada } On this � day of McC e mbe-Y , 20 lam- , 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 w'4%q.. (SEAL) NOTXRYIPUBLRICIIDAHO Residing at: ,�-� i e i {?n__ Commission Expires: _ t� Sanitary Sewer and Water Main Easement EA,SMT S&W 11-15-13.doc EXHIBIT A UTILITY EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO PARCEL 7 — MARK CHOI An easement for utility purposes located in the NE %4 of Section 15, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the northeasterly corner of said NE '14 from which a 5I8 inch diameter iron pin marring the northwesterly corner of said NE '04 bears N 89124'26" W a distance of 2641.52 feet, Thence N 89°24'26" W along the northerly boundary of said NE'!4 a distance of 719.75 feet to a point; Thence leaving said northerly boundary S 0°35'34" W a distance of 62.84 feet to the POINT OF BEGINNING; Thence continuing S 0°35'34" W a distance of 29.22 feet to a point; Thence S 89°24'26" E a distance of 30.35 feet to a point; Thence N 0°35'34" E a distance of 27.87 feet to a point on the southerly right-of-way of Franklin Road; Thence N 86451'45" W along said southerly right-of-way a distance of 34.38 feet to the POINT OF BEGINNING. This parcel contains 866 square feet (0.420 acres) and is subject to any other easements existing or in use. Prepared by. Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated May 8, 2015 EXHIBIT B SKETCH TO ACCOMPANY EASEMENT DESCRIPTION LOCATED IN THE NE 1/4 OF SECTION 15, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO. SCALE: 1 "=20' N 89'24'26" W 2641.52'10 1/4 4 1921.77' 719.75" 16 15 FRANKLIN ROAD POINT OF BEGINNING v- -- N 86'51'45" W 30.38' `V UTILITY Ln EASEMENT a: p.L �Aly�y� N4 �G G. to z 30.35' a 0 2 5 89'24'25" Es - oz MARK CHOI F TF or K. 8 CIVIL SURVEY CONSULTANTS. IMC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312