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Sanitary Sewer and Water Main Easement with Falash and Ross for Medimont Subdivision -' - " . . . '"Jul.i8,2005 2:55PM No,4322 p, 2 5 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ~~~~T~A~~a~:/~:~O~ 01:13 PM 1111111111111111111111111111111111111 RECORDED-REQUEST OF 105117213 Meridian City --.-.--" -..--,-..--- ',~.-.-.-'-'- -,_.--"- SANITARY S~~~R AND WATER MAIN EASEMENT T1-US INDENTURE, made this 1\- day ofC \ iJ A ,20Jl2between r~,~~ , the parties of the first part, and hereinafter calle~antors, and the City of Meridian., Ada County, Idaho, the party ofthe second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, thc Grantors desire to provide a sanitary sðwer 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 sexvice 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 ATIACHED 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, togcthcrwith their maintenance, repair and replacEm1ent at the convenience ofthe Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said casement and right-of-way unto the said Grantee, it'!; 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 shaH 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 Ie)r repairing, replacing or restoring anything placed within the area described in this casement that was placed there in vloJation of this casement. Sanitary Sewer and Water Main J.::asement EASMT SW (2).doc PagA ,( nL5- . . . ',Jul,18,2005 2:55PM No.4322 p, 3 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 ofthe right-of-way and easement hereby granted shan become part of, or lie within the boundaries of any public street, then, to sueh extent, such right-of-way and casement hereby granted whieh lies witlún such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shan be completely relinquished. THE GRANTORS do hereby covenant with the Gt-antee that they arc lawfully seized and possessed ofthe aforementioned and dcscribed tract ofland, and that they have a good and lawful right to convey said easement, and that they wi11 warrant and forever defend the title and quiet possession thereof against the lawful claims of a11 persons whomsoever. IN WITNESS WHEREOF, thc said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: ...~~-~ ;)<ÇSSIc.4< ' (:~~:;--~ \ '. f/ : " '~'~;'" ðL IC "< ",' ~:<:~;~.,~:,.,. ,,' STATE OF IDAHO) ) ss County of Ada ) On this _llÔtYl day of__"., 20Q2, before me, the undersigned, a Notary Public in and for said State, erso ally appeared" . S¡' and .,' ' 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, 1 have he and year fist above written. set my hand and affixed my official seal the day NOTAR FOR DAllO Residing: útf\ Commifision Expires:~ Sanitary Sewer and Water Main Ea.'it.'ffitml EASMT SW (2).doc Page !),,~LEL CITY OF MERIDIAN Approved by Council on : STATE OF IDAHO, ) : ss. County of Ada, ) On this ~day of AlA.~t,(;;Jf-- ,2005, before me, the undersigned, a Notary Public in and for the State of Idah , personal1y appeared Tammy de Weerd and Wil1iam G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to 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. SEAL Æ........... ~\Cß L. "">... "~' ~." ~ .'~ . i ~OTAllr \ ; -.. ~ . : . -.- t. 1Ic : . . .. .. .. c.- 0: .. PUBL\ : :: -'<p.° .:: ~ '~..~ .. 0 ~ .. "'. ~~ ....." """ "'I ' , ,.~........ . v' ...." -,o. 'i; ( ,~) \" ..." ..f.. "-, " >,.\" '."" -- - ..> ~ Page 3 of ~ - JW'E v AlJEY múq ~ CIVIL AND STRUCTURAL ENGfN£/f:RING AND LAND SURVEYING EXHIBIT A Legal Description for City of Meridian Waterline Easement Job No. 02076 July 7, 2005 land within Lot 5, Block 2, Medimont Subdivision No, 1, Book 75, Page 7794, Ada County Plat Records, within the NE1/4 of the NE1/4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described 85 follows: I The East 10.00 feet of the West 20.00 feet of the South 10.00 feet of said Lot 5, Block 2. P:\Falash-Ross\Medimont\Drawings\Survey\City of Meridian Utility Easement Desc.doc TJ'(:1-lsur{' V!lIIcy Fn:::¡urüJ's. Il1e ;;(j~n ¡ Fnmìdin RJ^ S;jì¡:; :,':0 ~";!.;Il1p;L hl;lho nine,;: ; :::mn 46}-O305 Fnx; (208) 463-,J.,'>I >I\A\\ I fnn~u:TVzdl~)rngíli;)ëJ"i,çnrn pagP.;{ of ~ EXHIBIT B SCALE l' .J f 1 i ,'.-. WITHIN LOT 5, BLOCK 2, MEDIMONT SUBDIVISION NO.1, WITHIN THE NE1/4 OF THE NEl/4, SECTION 18 T 3 N, R 1 E, B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO JULY 7, 2005 (fEU) J ~'". 4<J ,.. 1-- - - - - u - - - -- - - - - - - -_u- I . , , , I ¡--¡ - -- - - --- - --- - - - - ----- --I , , i j : I i 1 , 1 : , , , , LOT 4 I ----- -l -ì I ?;,,-OCV-. \ : I , 1 J LOT 5! I i 1 : 29'1' 29'1 I ' ¡ >- ¡ «, _n_n ¡51 ~!JJ ' : z I I y. ,0 I ,« LOT 6 ! vi j ! ¡ : I f)_nu- u- '_U_u ,'u_- I,' U- V SCALE , , , , , , , : , , , , , , , 1-- , , , , : J , , i NEW UTILITY EASEMENT i /- TO THE CITY OF MERIDIAN I 10.00' ,_uu-__--n_-- - I i- 0,' :0 01 '0 .t , . 0: :0 ~, ,~ , , , J I 10.00' i ------"------ --'-- 20.00' - -------- ~_..J ',' 1 I (fEU) ",;,". 5 ,.. ?;,,-OCV-. '2 10' EXISTING UTILITY EASEMENT PER PLAT ¡---j , , I I . , I , I LOT 6 EXHIBIT "B" UTIUTY EASEMENT FOR CITY OF MERIDIAN PYAlUY~ ~,: ~~. '""',. """ """ ßi>, 1"'1"'-"" ~ ,..(2OtJI"'-"" ~~""'-~,~ l1fCJNlDS."""""".- TITLE: !him 7/7/05 """ ,"," n:e sm.. _.""'"~'.",_;"'n.~ " .,' ~ ~ ~ p.,