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Sanitary Sewer and Water Main Easement with Bobby's Transmission for Palmer, Larry and Becky ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 00 7 BOi$E IDAHO 01N9/05 04:17 PM ' ~~~:E~~~~eQ~~~,~~g 1111111111111111111111111111111111111 Me~dian City 1135131372513 i SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this ~ day of X ^.~ . , 2o::::ß..betwee~ ~~~UJ~ \£fr....) the parties of the first part, and hereinafter cal~ Grantors, and the City of e an, 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 and service said pipelines fTom 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 sanitary sewer and water mains 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 and replacement at the convenience of the Grantee, with the fTee right of access to such facilities at any and all times. TO HA VB 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. Sanitary Sewer and Water Main Easement EASMT.SWdoc Page... Lød- 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 ofland, 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. County of Ada STATE OF IDAHO) ) ss ) On this ').,.\\~ day of í)l:l~'('(\'oe' , 20~ before me, th~undersigned, a Notary Public in and for said State, personally appeared ~c.~'i ~(I.\\'(\t'í and l\)..\í'l ~. V(t..\'\'\\e~ " 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. Sanitary Sewer and Water Main Easement EASMT.SW,doc ~~~~ NOTARY PUBLI~ FOR IDAHO Residing at: \ll\l~\\I\~Ù, \~I\\\\) Commission Expires: 'eI-~)\~- ð-.\J\\J ~ GRANTEE: CITY OF MERIDIAN Approved By City Council On: STATE OF IDAHO, ) : ss. County of Ada ) On this Lj+'L day of J 'lK '('<!.Y~ ' 200f{, before me, the undersigned, a Notary Public in and for said State, personally aPt~~,{Illd WILLIAM G. BERG, JR., known to me to be the Mayor and 1 ~~~'t'èlrD~~~ity of Meridian, Idaho, and who executed the within instrument, and acknow edged 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. (SEAL) "", """" ,1:'" :\C'B L. ;..~ ~- ,~-.{;~ ! I ~OT",.t~ ,ø\ :*: "".: i .~-.- :"ê \ tÞ. «BUC l $ \:;. ...! '..-1)oJ! .....~. .~o ~~ ""'" 0 Ii 10 ~,...., ..oo......., ';/d~ Sanitary Sewer and Water Main Easement EASMT.SW.doc ~ EXHIBIT "A" A City of Meridian water easement located in a portion of Lot 14, Block 1 of Taylor Subdivision, recorded in Book II at Page 637 of Plats, situated in a portion of the SE1I4 of Section 12, Township 3 North, Range I West, Boise Meridian, Ada County, Idaho and more particularly described as follows: Commencing at the unadjusted East comer common to Lot 13 and said Lot 14, thence along the East line of said Lot 14 NOoo43'57"E a distance of19.93 feet to a point ITom which theNE comer of said Lot 14 bears NOOO43'57"E a distance of 130.13 feet, said point marking the POINT OF BEGINNING; Thence leaving said East line, said water easement being 10.00 feet on each side of the following described line: N89°32' 49"W a distance of 57.00 feet to the terminus of said line. Said water easement contains 1140 square feet more or less and is subject to all existing easements and rights-of-ways of record or implied. Bobbys _Transmission - w- - easement Jegal_l10804pmh.doo 1 p~ LOTS 13 AND 14, BLOCK I OF TAYLOR SUBDIVISION LYING IN A PORTION OF SEII4, SECTION 12, T.3N., R.lW., B.M., ADA COUNT'r' , IDA\-\O N 00.43":>7" E 130.13 ,-- I gl ~I -'fER EASEMENT/ ¡¡ ~I gl ~I 1 ! =~ i~~ 1 ~I- 1 ZI ~r 5.- D2:4ô'ó?' " - ~~ ~I ~I ~L Z -- S 00.43":>7" W- \30.13 S 00.43":>7" W 170.0\ -- - T"o.ol' - - ~ 1<1.oaì------I,:>o.œ,---. J J:iß9:~~~ ':>7.00 I 1 I~ 18 1(1"1 N 00.43":>7" E -2õ:OO' LOT \3 'BOBBY'S TRANSMISSION I~ ('4 1!!1 I~ Z ~ 1 I -_J 1':>0.°" S 00.43":>7" W --~ --- SCALE, I" ; 'E>Q' EX\B\,. "Ä" PAGE 2 Past~f.!L EXHIBIT "B" A City of Meridian sewer easement located in a portion of Lot 13 andl4, Block 1 of Taylor Subdivision, recorded in Book 11 at Page 637 of Plats, situated in a portion of the SEl/4 of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho and more particularly described as follows: Commencing at the South East comer of Lot 13, thence along the East line of said Lot 13 NOOO43 '57"E a distance of 138.31 feet to a point, said point marking the POINT OF BEGINNING; Thence continuing along said East line NOOO43'57"E a distance of 108.00 feet; Thence N89°16'03"W a distance of 20.00 feet; Thence SOoo43'57"W a distance of 108.00 feet; Thence S89°16'03"E a distance of 20.00 feet to the POINT OF BEGINNING Said sewer easement contains 2160 square feet more or less and is subject to all existing easements and rights-of-ways of record or implied. Bobbys JratJBIt1ission ßobbys Jrammission- sewer - e..emenUegal_lIO804pmh.doc ~ ~d LOTS 13 AND 14, BLOCK \ Of TAILOR SUBDIVISION LIING IN A PORTION Of SEI/4, SECTION 12, T .3N., R.M., B.M., ADA COUNT"(, IDÀ\-\O N 00043'~1" E 130.13 r-- '~-- q.~' 1 L__~~~c:.- - SOo043'S1 I 100.00'1 gl I ~I :II ~I Ñ cO Ö- tD -Z I I ~~ ~ 0!!:"~7' :II ~L' ~ -- S 00"43'~1" W- \30.13 S 00"43'~1" W ~10'01 - ïw.oI' - - ...J~ 13e..e.1 se.Qol,"'03" E 20.00' 1 I SANIT ARI SEWER EASEMENT LOT \4 ~ 0 0 NI ;11 ~ :bl -Zl W_~~ LOT \~ N q 81 cOl BOBB,('S TRANSMISSION ~I N cOl Ö- tDl -Z ! I I --J \~O .0'" S 00"43'151" W --::z:; ~ 5CALE, I" = SO' EX\B\, BB" PAGE 2 p~