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Volterra South Commercial Subdivision Sanitary Sewer Easement ( 2017-113798) 7/15/2020 i I ADA COUNTY RECORDER Christopher D. Rich 2017-113798 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 11/29/2017 02:35 PM 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 flie might-of-way-alld easement hereby granted shall become..part of,or Ile widhinthe boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which ties within such boundary thereof or which is a part-thereof, shall cease-and become ntmll 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 lawftfl claims-of all persons whomsoever, IN. WITNES-S*W*H* EREOF,.the said parties of the first pattt have hereunto subscribed their signatures the day and year first herein above written, GRANTOR: Manager 3 9'8 E. Copper Ridge St. Meridian, ID 83 646 STATE-OF IDAHO ss County of.Ada ): `� � before me the undersigned, a notary public in and for said On the day of�bV ,20�'�,be o g. ., y p . y state ersonalt a eared i 1 known.or identified to me to be the y 1p Of the.Limited Liabi 1 i y Company that.executed-the.-instrument or the person who exec-Ad the instrument on behalf of said Llinited Liability Company and aeknowledged to me that such Limited Liability Company exec-aced the same, .I.n witness whereof, I have-hereunto set.my hand and seal the day and-year in this certificate first above wrl A % so k 0so so I W N TAR.Y PUBLI .OR:IDAHO R.esidin t: PIJBL Commission Ekpires: ioo Sewer Manzi Ease ilfp. REV. 08/15/l 6 i i o�Qo�p;tED AUG GRANTEE: CITY C2. MERIDIAN G z W Ci1,V of E IDIAN $DAN* --:::) 4—, x SEAL Tammy d rd,Mayor �Rotlhe TRF- S r At&st by May Coles, City Clerk Approved By City Council On: � �� �7 STATE OF IDAHO ) ) ss County of Ada On this '�p�� day of ,20 i1 before me,the undersigned,a Notary Public in and for said State,personally appeared TAMMY DE WEERD and CJA'Y 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. NOTARY PUBLIC FOR IDAHO' L Residing at: �m 0)- % rl�- t Commission Expires: do 1-9-n Sewer Main Easement REV.08/15/16 PARCEL DESCRIPTION Date: October 31, 2017 CITY OF MERIDIAN SEWER EASEMENT A parcel of land being a portion of the NEI/4 NEI/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 N111 6 comer common to Sections 84 and 35,monumented by a 5/8"rebar,from which the northeast corner of said Section 34,monumented by a 5/8" rebar (Coiner Record No. 108122.909),bears North 00'52'46"East, a distance of 1315.57 feet; Thence North 00'52'46""East,coincident with the east line of said NE1/4 NE1/4, a distance of 181.69 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 continuing North 89'07'14"West,perpendicular to said east line, a distance of 36.00 feet; Thence North 00'52'46"East,parallel and offset 3 6.00 feet westerly of said westerly right of way line,a distance of 20.00 feet; Thence South 89'07'14"East,perpendicular to said east line., a distance of 36.00 feet to said westerly right of way line; Thence South 00'52'46" West, coincident with said westerly of right of way line, a distance 20.00 feet to the POINT OF BEGINNING. The above described parcel contains 720 square feet or 0.017 acres,more or less. Together with and subject to covenants, easements, and restrictions of record. ek 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 corner of Section 34. SST Kevin M. Borah,P.L.S. -44 2 License No. 10561 End of Description, tp or 1101, 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. 1 V., BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2017` NE CORNER SECTION 34 i I S89'07'14"E w' 36.00' SO'52'46"W 0 720 S.F. 20.00' j f0.017 AC. p N z N89'07'14"W' N89'07'14"W 36.00' 46.00` POINT OF BEGINNING i I w ; PROPOSED w ' VOLTERRA SOUTH COMMERCIAL SUBDIVISION BLOCK 1, ' z wto un i POINT OF C"0k0,fENCENlENT Ni/l6 CORNER SECTIONS 34&35 � i LAN© G STFR 05 ` N I0 s )1111`1' o °� WHFdClIlc f - - 2141 WARt porWay,Ste t)4': t1' )� OF Boise,ID 83705 208-342-5400 Fax 208-342-5353 NOT TO SCALE www.whpacfC:com UP.CS., GRID NORTH