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Oxygen Subdivision Sanitary Sewer EasementADA COUNTY RECORDER Christopher D. Rich 2018-034524 BOISE IDAHO Pgs=5 VICTORIA BAILEY 04/18/2018 11:53 AM CITY OF MERIDIAN, IDAHO NO FEE .1 J,DI tf THIS INDENTURE, made this � day of �Ilk 120.ffi V —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; kylivilval WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across thepremises 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 casement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A and 13) The casement 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 casement 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 thatwas 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 N\19 M described for this casement, which would interfere with the use of said casement, for the purposes stated herein, THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and casement hereby granted shall become part of, or he 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. Pr—esi ent Address Secretary STATE OF IDAHO ) ) ss County of Ada /- I- c On this day of 204tf�,, before me, he under7igned, a Notary Public in and for said State, personally appeared JA i /�V and 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 and year fist above written. NOTARY PUBUC FOR ID 0 Residing at:, /3 P la, Commission Expires: REV. 08/15/16 GRANTEE: Coles, City Clerk Approved By City Council On. 1-/ / I � / '�O/ kI STATE OF IDAHO ) ) 88 County of Ada I on this - IL 9 4V) day of pd�Ki 20 before me, the undersigned, a Notary Public in and for said State, personally appearedand CJAY COLES, V e, 6or+on known to me to be respectively, inId of the City of Meridian, Idaho, and who executed the wit i�ninstrumen nien,ah acknowledged tome 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. I)i i Pbv I iLa-)� NOTARY P L C FOR JDAHO Residing at: M. e nLOUDAk) Commission Expires:-,3�a 3 AQ9 Sewer Main Basement REV. 08/15/16 March 9'h, 2018 Project No. 116091 EXHIBIT 'V CITY OF MERIDIAN SEWER EASEMENT DESCRIPTION An easement located in the Southwest Quarter of the Southwest Quarter of Section 16, Township 3 North, Range I East, Boise Meridian, City of Meridian, Ada County, Idaho, particularly described as follows: Commencing at the Southwest Corner of said Section 16, from which the South Quarter comer of said Section 16 bears South 89014'17" East, 2665.07 feet; Thence North 11029'12" East, 1042.03 feet to POINT OF BEGINNING, Thence North 11*15'05" East, a distance of 20.00 feet; Thence South 78*44'55" East, a distance of 752.83 feet; Thence South 11*15'05" West, a distance of 20.00 feet; Thence North 78*44'55" West, a distance of 752.83 feet to the point of beginning. The above described containing 0.35 acres 115056.6 square feet, more or less. PREPARED BY: THE LAND GROUP, INC. James R. Washburn I a#drrapeArrbihrlrrm a Site Planning CUIEWUredW ® Golf Cefirfe IN9441&DIgImmig vG,p htc 462 E. Shore Drive, Ste, 100, Eagle, Idaho 83616 9 P 208.939,4041 F 208,939.4445 THE LAND GROUP, INC. EXHIBIT 'V CITY OF MERIDIAN SEWER EASEMENT DESCRIPTION An easement located in the Southwest Quarter of the Southwest Quarter of Section 16, Township 3 North, Range I East, Boise Meridian, City of Meridian, Ada County, Idaho, particularly described as follows: Commencing at the Southwest Corner of said Section 16, from which the South Quarter comer of said Section 16 bears South 89014'17" East, 2665.07 feet; Thence North 11029'12" East, 1042.03 feet to POINT OF BEGINNING, Thence North 11*15'05" East, a distance of 20.00 feet; Thence South 78*44'55" East, a distance of 752.83 feet; Thence South 11*15'05" West, a distance of 20.00 feet; Thence North 78*44'55" West, a distance of 752.83 feet to the point of beginning. The above described containing 0.35 acres 115056.6 square feet, more or less. PREPARED BY: THE LAND GROUP, INC. James R. Washburn I a#drrapeArrbihrlrrm a Site Planning CUIEWUredW ® Golf Cefirfe IN9441&DIgImmig vG,p htc 462 E. Shore Drive, Ste, 100, Eagle, Idaho 83616 9 P 208.939,4041 F 208,939.4445 tutPkOtdOYdrnttoas (n co CD N00040'46'W 2653.90'rn SOUTH EAGLE ROAD C4 C" rn --i C) cn Ni 1,29112 rn i� 1042.j3—, :-q CD to m q 0 m :z rn C." co = I m m 2t rn m m 0 COD -n rn w cl, :d C) C) < m 0 JIV -co ce 4ILL c"l C2 cn CLI c) m CIO_ C2C=) C) C-,) m rrf c) ct) PR W CA) m P."s C.) cn 4t. �1, -4 00 t" M P� Owl Ram: Exhibit 11811 11' CITY OF MERIDIAN SEWER EASEMENT eft a! Mu ldlan Ada Cu*i Idaho