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Volterra South Commercial Subdivision Sewer Easement (2017-113227) 7/15/2020 i I ADA COUNTY RECORDER Christopher D. Rich 2017-113227 BOISE IDAHO Pgs=5 CHE FOWLER 11/28/2017 11:06 AM CITY OF MERIDIAN, IDAHO NO FEE i I I i SANITARY SEWER EASEMENT THIS INDENTURE,made this day of AQ. , 20,tZbetween Bridgetower Investments,LLC,the parties of the first part, and hereinafter called the Grantors, and the City of Meridian,Ada County, j Idaho,the party of the second part, and hereinafter called the Grantee; I E WITNESSETH: F WHEREAS,the Grantors 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 and service said pipeline from time to time by the Grantee;' NOW THEREFORE in consideration of the benefits to be received by e th Grantors, and I 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 a sewer line over and across the following described property: I r (SEE ATTACHED EXHIBIT A and B) The easement 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 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 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 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: Manager 398 E. Copper Ridge St. Meridian,ID 83646 STATE OF IDAHO ss County of Ada day of 213 On the before me,the undersigned, a notary public in and for said state personally appeared M iV-e MZC01\Um known or identified to me to be the A A �nA MA&W IL of the Limited Liability Company that executed the instrument or the person who executed the instrument on behalf of said Limited Liability Company and acknowledged to me that such Limited Liability Company executed the same. In witness whereof, I have hereunto set my hand and seal the day and year in this certificate first above written. D�US NOTARY PUBLIC FOWIDAHO wrap Residing at: la U B IXC- Commission Expires: Sewer Main Ease]141 �4 REV.08/15/16 �QQ�pTED AUGUST' GRANTEE: CITY OF MERIDIAN' = city or ' E IDIAN IOAHO Tammy de or Mayor �fi SEAL ��; yT�O<the TREp'Sil� Attest y C. ay Coles,City Clerk Approved By City Council On: � / STATE OF IDAHO ss County of Ada On this-�1 day ofY(Ut)U2Lk�,20 11 before me,the undersigned, a Notary Public in and for said State,personally appeared TAMMY DE:WEERD and CJAY COLES known to me to be the Mayor;and City Cleric,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.; NOTARY PUBLIC FOR IDA O tS Residing at: � OctA rs4, OcA Commission Expires: X ' 60 r A-0 0-0 of Sewer Main Easement REV.0811511E PARCEL DESCRIPTION Date- October 31,2017 CITY OF MERIDIAN SEWER EASEMENT A parcel of land being a portion of the NE1/4 NE1/4 of Section 34,Township 4 North, Range I West,Boise Meridian, City of Meridian,Ada County,Idaho,more particularly described as follows: COMMENCING at the N1/16 coiner common to Sections 34 and 35,monumented by a 5/8"rebar,from which the northeast comer of said Section 34,monumented by a 5/8" rebar (Coiner Record No. 108122909),bears North 00'52'46"East,a distance of 1315.57 feet; Thence North 00'5246"East, coincident with the east line of said NEIA NE1/4, a distance of 435.39 feet; Thence North 89'07'14"West,perpendicular to said east line, a distance of 73.43 feet to an angle point on the southerly right of way line of N.Vicenza Way and the POINT OF BEGINNING; Thence South 49'1 V29"East,coincident with said southerly right of way line, a distance of 21.27 feet, Thence South 20'52'32"West, a distance of 12.15 feet; Thence North 69'07'28"West, a distance of 20,00 feet; Thence North 20'52'32"East, a distance of 19.40 feet to the POINT OF BEGINNING. The above described parcel contains 315 square feet or 0.007 acres,more or less. Together with and subject to covenants, easements, and restrictions of record.. The basis of bearings for this parcel is North 00'52'46"East between the N111 6 corner common to Sections 34 and 35 and the northeast coiner of Section 34. q' ir © Kevin M. Borah,P.L.S. k License No. 10561 End of Description 10131111 SKETCH FOR LEGAL EXHIBIT CITY OF MERIDIAN SEWER EASEMENT A PARCEL OF LAND BEING A PORTION OF THE NE114 NE114 OF SECTION 34 T. 4 N., R. I W., BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2017 NE CORNER, SECTION 34 N. VICENZA WAY POINTOF BEGINNING N89'07'1 4"W 73.43' S49*1129"E 00, S20*52'32"W 21.27' U-3 ct� 315 S.F. ui ±0.007 AC. A16,9- 12.15' 0) CK PROPOSED VOLTERRA SOUTH COMMERCIAL SUBDIVISION BLOCK 1 POLIVTOF C0101ENCEUENT N1116 CORNER SECTIONS 34&35 LANp S tv— Jab- 10561 0 aClfico _ _ le F 2141 WAIrport Way,Ste 104 OAP Boise,ID 83705 M. 208-342-5400 Fax 208-342-6353 NOT TO SCALE l.S.PC.S,, GRID NORTH