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Volterra North Commercial Subdivision Sewer and Water Easement (2017-113228) 7/15/2020 I i i ADA COUNTY RECORDER Christopher D. Rich 2017-113228 { BOISE IDAHO Pgs=5 VICTORIA BAILEY 11/28/2017 11:06 AM CITY OF MERIDIAN, IDAHO NO FEE i i SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE,made this 6`� day of �/L1l. ,2017—between Bridgetower Investments,LLCM 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; E WITNESSETH: f f 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 E 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 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 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 malting 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 Sanitary Sewer and Water Main Easement REV. 08/15/16 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: V-anager 398 E. Copper Ridge St. Meridian, ID 83646 Address STATE OF IDAHO ss County of Ada On the day of ft TqvenjkV20)1 ,before me,the undersigned, a notary public in and for said state personally appeared VA 04f, VAt CD j I um known or identified to me to be the 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. p,. D U 0 a 130 % �OTARP NOTARY PUBLIC MR IDAHO D 0 4M Residing at: 4W 1 Commission Expires:6 U B 1,11C ire!� 10'0 % 0,000 of 00004 0'F Sanitary Sewer and Water Main basement REV.08/15/16 GRANTEE: CITY OF MERIDIAN' o�Q0 A?EOAliC�s� r City or W -� ObAHO Tammy de ee d,Mayor SEAL �A P r�Ro`t�e TREASV��J Astb�yy "ay Coles, City Cleric Approved By City Council On: Z. / STATE Or IDAHO, )' ss. County of Ada ); On this Jday of f@l,�(�x1,l�e ,20 1,before me,the undersigned,a Notary Public in and for said State,personally appeared Tammy de Weerd and C.Jay Coles,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. SH(SE NOTARY PUBLIC FOR IDAHO Altv Residing at: QXx d.L�, 'AdeJw Commission Expires: 9 -,5a -2a o0 Sanitary Sewer and Water Main Easement REV.08/15/16 PARCEL DESCRIPTION Date: October 31, 2017 CITY OF MERIDIAN WATER AND SEWER EASEMENT' A parcel of land being a portion of the NE1/4 NE1/4 of Section 34,Township 4 North, Range 1 West,Boise Meridian, City of Meridian,Ada County, Idaho,more particularly described as follows; COMMENCING at the northeast corner of said Section 34,monumented by a 5/8 rebar (Corer Record No. 108122909) from which the N1/16 coiner common to Sections 34 i and 35 monumented by a 5/8"rebar,bears South 00°5246"West, a distance of 1315.57 feet; Thence South 00°52'46"West, coincident with east line of said NE1/4 NE1/4 a distance of 426.59 feet; Thence North 89°07'14"West,perpendicular to said east line, a distance of 46.00 feet to the westerly right of way line of N. Ten Mile Road and the POINT OF BEGINNING; Thence South 00°5246"West, coincident with said westerly of right of way line, a distance of 30.00 feet; Thence North 89'07'14" West,perpendicular:to said east line,a distance of 33.00 feet,: i Thence North 00052'46"East,parallel and offset 33..00 feet westerly_ of said westerly right of way line, a distance of 30.00 feet; i Thence South 89°07'14"East,perpendicular to said east line, a.distance of 33.00 feet to the POINT OF BEGINNING,. The above described parcel contains 990 square feet or 0.023 acres,more or less. I Together with and subject to covenants, easements, and restrictions of record. The basis of bearings for this parcel is South 00°52'46"West between the northeast corner of Section 34 and the Nl/16 corner common to Sections 34 and 35.. pL LANs Kevin M. Borah P.L.S. ® ` License No. 10561 End of Description a, 10(91 j17 `�i��U 1����tv SKETCH FOR LEGAL EXHIBIT CITY OF MERIDIAN WATER & SEWER EASEMENT A PARCEL OF LAND BEING A PORTION OF THE NE114 NE114- OF SECTION 34, T. 4 N., R. 1 W.., BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2017 Pow OF COMMENCEMENT' NE CORNER SECTION 34 li cn PROPOSED Iq I to VOLTERRA NORTH COMMERCIAL SUBDIVISION BLOCK 1 ,rpowop BEGNMO Lq Lo ;13 S89'07'14"E 33,00' N89*07'14'W 46.00' P: ol o Cl c=; 990 S F +0.023 AC. Lij co cl) cli CD —7 Ld F- N89'07'14'W 33.00' N1116 CORNER SECIMS 34&35 LANDS r,\STE 0561 c) N A^ 10131111 RIZZ WHPTcll L F 10 21 jr) 83705 7/Avl 208-342-5400 Fax 208-342-5353 NOT TO SCALE \vWw.whpacl(ic.cdm I.S.P.C.S., GRIP NORM