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Silverstone Apartments Sewer and Water Main Easement No. 1RE-RECORD TO CORRECT NAME OF GRANTOR Proieet Name (Subdivisionl: Silverstone Apartments Syitary Sewer & Water Main.Basement Number: Identify this Easement by sequential number if Project contains more than one easement of this type. ( See Instructions for additional information), ADA COUNTY RECORDER Phil McGrane 2019-009472 BOISE IDAHO Pgs=6 VICTORIA BAILEY 02/06/2019 09:07 AM CITY OF MERIDIAN, IDAHO NO FEE ADA COUNTY RECORDER Phil McGrane 2020-062221 BOISE IDAHO Pgs=9 VICTORIA BAILEY 05/26/2020 04:18 PM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER .AND WATER MAIN EASEMENT THIS Easement Agreement, made this b�_) day of;abrUC�er , 20 _between Dave Evans Construption LLC ("Grantor"), and the City of Meridian, an Idaho Municipal CS'rporation ("Grantee"); WHEREAS, the Grantor desires 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 from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does 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 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 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. THE GRANTOR covenants and agrees that Grantor 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 RE-RECORD TO CORRECT NAME OF GRANTOR Proiect Name (Subdivision): Silverstone Apartments Svitary Sewer & Water Main Easement Number: Identify this Easement by sequential number if Project contains more than one easement of this type. ( See Instructions for additional information). SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this '`t"' Silverstone Apartments LLC gr �Q day of ��_��, 20,�between ("Grantor"), and the City of Meridian, an Idaho Municipal rporation ("Grantee"); WHEREAS, the Grantor desires 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 from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does 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 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 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. THE GRANTOR covenants and agrees that Grantor 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 Sanitary Sewer and Water Main Easement REV. 03/26/2018 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a F e b r u a r y 5 , 2 0 1 9 – P a g e 1 6 8 o f 7 3 6 THE GRANTOR covenants and agrees that Grantor 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 GRANTOR covenants and agrees 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 GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: t, 144L wt D. tr t , A 4 - STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on (date) by Ltd 111 iAkK 17, fi ✓U, (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Silverstone Apartments LLC (name of entity on behalf of whom record was executed), in the following representative capacity:(type of authority such as officer or trustee) vAnS L %01-- -- ',&P y rA 4 Pk Notary Signature BLI My Commission Expires: v l Sanitary Sewer an8'WAttYFlJjj isennent REV. 0 1/0 1/2020 THE GRANTOR covenants and agrees that Grantor 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 GRANTOR covenants and agrees 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 GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Lexicon Pro ies, Inc., Manager by Dyan Chacon, President STATE OF IDAHO ss County of Ada This record was acknowledged before me on Y� (date) by iQ Goy (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of L--(� (name of entity on behalf of whom record was executed), in the following representative capacity:LUi` k-6t ff pe of authority such as officer or trustee) *` A .� Notary Signature SUB I I 4My Commission Expires: *. F* 01xv e111,1 Sanitary Sewer and Water Main Easement REV. 01/01/2020 GRANTEE: CITY OF MERIDIAN // Tammy de e d, 7yZ At&st by CJVy Coles, City Clerk STATE OF IDAHO, ) . ss. County of Ada ) O -Q011-11 AUG5 V � 2 Olyof UE w CIDIAN+ - IDAHO V SEAL 4-) the This record was acknowledged before me on 2-5.2019 (date) by Tammy de Weerd and C.Jay Coles on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. CHART(WWAY C,UiLU&L COMMISSION #67390 Notary Signature NOTARY PUBLIC My Commission Expires: STATE OF IDAHO MY COMMISSION EXPIRES 3/28122 os aw r -'b U)0-4cr Water Main Easement Version 03 26 18 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a F e b r u a r y 5 , 2 0 1 9 – P a g e 1 7 0 o f 7 3 6 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a F e b r u a r y 5 , 2 0 1 9 – P a g e 1 7 1 o f 7 3 6 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a F e b r u a r y 5 , 2 0 1 9 – P a g e 1 7 2 o f 7 3 6