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Timbergrove Release of Sewer Easement Blue MarlinADA COUNTY RECORDER Christopher D. Rich 2018-036998 BOISE IDAHO Pgs=7 LISA BATT 04/25/2018 01:09 PM CITY OF MERIDIAN, IDAHO NO FEE RELEASE OF EASEMENT TYPE OF EASEMENT BEING RELEASED: SANITARY SEWER GRANTEE: CITY OF MERIDIAN GRANTOR: BLUE MARLIN INVESTMENTS LLC WHEREAS, by easement dated August I 1TH, 2015 and recorded as Instrument Number 2015-074610 in the land records of Ada County, State of Idaho, an easement of the type and nature set forth in the above -captioned title was granted to the City of Meridian, an Idaho Municipal Corporation, over and across the real property legally described therein. WHEREAS, the easement is not valid because it was not executed by the owner of the real property. The easement being released will be replaced in the same location with a grant from the current owner of the real property. NOW, THEREFORE, in consideration of the premises, the City of Meridian does hereby vacate, relinquish, release and abandon said rights and easements as set forth and legally described in Exhibit A, attached hereto and incorporated herein, with the intent that the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this 2A day of 2018. CITY OF U 1, C.ja o es Ity STATE OF IDAHO ss County of Ada Clerk NUGUS77-r On this day o 2018, before me, a Notary Public, personally f_or ' o oe CoC4oesflkn1w identified to me to be the Mayor- and Clerk, 0_OUr (�or+0 n appeared T2mmy-de--W=d and C.Jay respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ry Notary Public aho Residing at: 17 Commission expires: 3 - 9"S - D'o a -d' ADA COUNTY RECORDER Christopher D. Rich 25.Q Q�Q BOISE IDAHO pgs=6 LISA BATT 06114/20 3& AM MERIDIAN CITY - NO FEE { 00'1S3524ff60746100060060 \ j EXHIBIT A TO RELEASE OF EASEMENT SANITARY SEWER EASEMENT THIS INDENTURE, made this _�� day of , 20SL between BLUE MARLIN INVESTMENTS, LLC, an Idaho limited liability co parry, 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 GRAN'T'ORS 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, service and subsequently connect to 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 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 sewer line and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience ofthe GRANTEE, with the free right of access to such facilities at any and all times, TO HAVE AND TO BOLD, 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 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, Sewer Main Easement EASMT. SEW 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 shall 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: BLUE MARLIN INVESTMENTS, LLC B , Jeff W. Moore, Managing Member suD P_0_Box $8 Boise Idaho 83707 Address STATE OF IDAHO ) : ss. County of Ada ) On this 10day of QVYVI a 20 15 , before me, the undersigned, allotary Public in and for said State, perso lly appeared Jeff W. Moore, known or identified to me to be the Managing Member of the limited liability company that executed the within instrument, and acknowledged to me that such limited liability company executedthe same, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year NOTARY PUBLIC * NOTARY PUBLIC FOR IDAHO Residing at: Commission Expire s: 0l �3 111g Sower Main Basement EASMT SEW 11-15-13,doc 1 emberrm GRANTEE: CITY OF MERIDIAN Tammy da Weerd yor �1,renau�u� �o z L. Holman, City Cleric Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) E IDIZ IANC ,.. IPAHO A SEAL Y� 11 Ff IA iRiaS�R� On this _B_ day of j 20 l �, before me, the undersigned, allotary 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. �00ab©04 41 �t ery e An (SEAL) H H �� p} yyy •�I, � �V 4�HnI100 Sewer Main Easement I t vnber ybvb 2 • . PUBLI IDAHO EASMT SEW II-IS-13,doc May 7, 2015 EXHIBIT "A" Sanitary Sewer Easements Description For CITY OF MERIDIAN Portions of Block 1, Centrepointe Subdivision as same if filed in Book 97 of Plats at Pages 12330-12331, records of Ada County, Idaho, located within a portion of the Southeast 114 of the Southeast 114 of Section 32, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho being more particularly described as follows: SEWER EASEMENT Commencing at the Southeast corner of said Section 32 from which the South 114 corner of said Section 32 bears North 89°44'39" West, 2656.46 feet; Thence North 78"31'12" West, 1192.96 feet to the West right-of-way line of North Centrepoint Way, said point being the REAL POiNT OF BEGINNING; Thence leaving said right-of-way line South 89°26'41" West, 58.51 feet; Thence North 00°15'21" East, 163,76 feet; Thence South 89°44'39" East, 20.00 feet; Thence South 00°15'21" West, 143.48 feet; Thence North 89°26'41" East, 38.50 feet; Thence South 00°15121" West, 20.00 feet to the REAL POINT OF BEGINNING. _ Containing an area of 4,042 square feet, more or less, AND ALSO: SEWER EASEMENT B Commencing at the Southeast corner of said Section 32 from which the South 1/4 corner of said Section 32 bears North 89044`39" West, 2656.46 feet; Thence North 65°03'04" West, 1287.90 feet to the West right-of-way line of North Centrepoint Way, said point being the REAL POINT OF BEGINNING; Thence leaving said right-of-way line South 89002`46" West, 59.00 feet; Thence North 00°29145" East, 748,20 feet; Thence South 89°30115" East, 20.00 feet; Thence South 00029'45" West, 727,69 feet; -T wi Av).PJr8m'ce Thence North 89002'46" East, 38.91 feet; Thence South 00°15121" West, 20.00 feet to the REAL POINT OF BEGINNING, Containing an area of 15,737 square feet, more or less. END OF DESCRIPTION '772�� ' �� sl��l(s o . � RY `fir 25 100 400 0 50 200 SCALE: 1 " = 200' UN,0ZATTEO LINE TABLE LINE BEARING LENGTH L1 S 89'26'41° W 58,51' L2 N 00'i5'21" E 163.76' L3 S 89'44'39" E 20,00' L4 S 00'15'21" W 143.48' L5 N 89'26'41" E 38.50' L6 S 00'15'21" W 20.00' L7 S 89'02'46" W 59.00' L8 S 89'30'15' E 20.00' L9 N 89-02'46" E 38,91' L10 S 00'15'21" W 1 20.00' UN,0ZATTEO 6 13 I L8 14 1 I 72 E lo Irl 15 i Ld 7- 1i V)76 I I Y� NiD Ld 17 I U I rgi NN I!,I 1 I(Iz 18 I I r I 8 7V-� I s � I 4 V IRPOR v N O +SGS\ 7 729 5I(01 �s .o Glp�cOR y Q G I i �) r5 I •'�o, k L1 J RPOB Nie EASE. "A" I . I E.I USTICK RD. U , �4 •32 1328.23'-, 1.4N, R.111. _ _ 1-328,23' 32 33 5. T„3N. ME, 5' N 89'44'39” W 2656.46' BASIS OF BEARING' • S:V50 P,o).cls\11^+blrVuYe Sub IS-00\0gNTO Sib 9— ax EXO.aag 5/8/2015 4:01:13 Ptl NDT IDAHO SEWER EASEMENTS EXHIBIT "B" DRAWING FOR iaRaae' SUITE. WAT£RTDWER BT. CITY OF MERIDIAN SURVEY MERIDIAN SHEET NO, MERMAN, IDAHO 83642 TIMBERGROVE SUBDIVISION 1 OF I GROUP, P.C. (2'8)846-860 LOCATED IN THE SE1/4 OF SECTION 32, T�4N„ R.S. HAI, OWG, DATE MERIDIAN, AADA GOJNTY, IDAHO 02-07-16