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Sanitary Sewer Easement with Cedar Springs Neighborhood Association for Cedar Springs Subdivision No. 3 When Recorded Return To: City Clerk City of Meridian 33 E Idaho Avenue Meridian, ID 83642 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 06/06/08 10:25 AM DEPUTY Vicki Allen III IIIIIIIIIIIIIIIIIIIIillllllli I I III RECORDED-REQUEST OF 10$x{,5956 City of Meridian SANITARY SEWER EASEMENT THIS INDENTURE, made this ~ ~~day of May, 2008 between the Cedar Springs Neighborhood Association (Grantor) whose address is P.O. Box 1090, Meridian, ID 83680, and the City of Meridian, Ada County, Idaho (Grantee) whose address is 33 East Idaho Avenue, Meridian, ID 83642; WITNESSETH: WHEREAS, Grantor desires to provide a sanitary sewer right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, Grantee desires to place a four inch sanitary sewer service line to serve Grantor's maintenance facility at Settler's Park; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by Grantee; NOW, THEREFORE, Grantor does hereby give, grant and convey unto Grantee theright-of- way for an easement for the construction, operation, and maintenance of a sewer line over and across the real property legally described in Exhibit A and depicted in Exhibit B, attached hereto and incorporated herein by this reference. The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and allied facilities, together with their maintenance, repair and replacement at the convenience of 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 construction, making repairs, or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, 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. Easement, page 1 GRANTOR does 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. GRANTOR does hereby covenant and agree with 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. GRANTOR does hereby covenant with 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 WITNE S S WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first herein above written. GRANTOR: CEDAR SPRINGS NEIGHBORHOOD ASSOCIATION Willi erbert, President ~ Reesa J wn Sec. Treasurer STATE OF IDAHO ) ss County of Ada ) On this ~ ~'~ day of May, 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared William Herbert, known or identified to me to be the President of the organization that executed the within instrument, and acknowledged to me that such organization executed the same. IN WITNESS WHEREOF, I have and year fist above written. ~~~~~~ AL ~~ ~ Y ~G ~U~b, : ~o O~•` set my hand and affixed my official seal the day TARY PU~I C l esiding at:~,Q, Commission Expires: Easement, page 2 GRANTEE: CITY OF MERIDIAN Tammy de Weerd, ,, ~, ~~~ ~ ~~ ~ ~ ~~~, o SE~ ~~ ~~ STATE OF IDAHO, ) ss. County of Ada ) On this~day of May, 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD, known to me to be the Mayor 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. .• A M. ••. ~,,,~o Ta~~`~,: • ~~ • (SEAL) + 1,~. : • ±~~ q NOTARY PUBLIC FOR IDAHO Residing at: C~_ ~[~~i-P~ ~ Commission Expires: 1 O-I 1-1 Easement, page 3 i*i i~ ''~~`' ~^ S •r~8 t.e.Nn GROUP, INC. April 10, 2008 Project No. 07209 IIt~IBIT ~~A~~ Legal Aescription , Cedar Springs Subdivision No. 3 Sanitary Sewer Easement 873 Square Feet t A 24-foot wide easement being centerod 10 feet on each side, for the purpose of oonsiruction, access and maintenance of sanitary serover facilities over a portion ofBlock 2S, Lot 20 of Cedar Springs Subdivision No. 3 (A subdivision plat on file in Book 88 of Plats at Pagc 10,198, Ada County, Idaho). The caitarline of said easement being situated in a portion of the southeast One Quarter of Section 36, Township 4 North, Range t West, Boise Meridian, City of Meridian, Ada County, Idaho, desen'bed as follows: Commencing at the South One Quarter Corner of said Section 36, which bears South 0°27'48" West a distance of x,657.96 feet from the Center One Quarter Corner of Section 36; Thence following the westerly line of the said southeast One Quarter, North 00°27'48" West a distance of 1,362.85 feetto agoitrt; Thence leaving said westerly line, South 89°32' 11" East a distance of 464.54 fact to a point; Thence South 77°40'01" East a distance of 153.56 feet to a point being the southwest corner of Lot 20, Block 25; Thence following the southerly line of Lot 20, Block 25, South 89°14'39" East a distance of 129.69 feet to the POINT OE BEGINNING; Thence leaving said southerly lot line, North 22°43'28" East a distance of 28.67 feet to a point on the southerly Ttight-of Way of West Ashby Brive and being the POINT OF TERMINUS. Said easement contains 573 square feet more_ or lass, subject to all existing easements and rights- of-way. Attached hereto is Exhibit "B" and by this reference ~~ ~~~ Is made a part hereof. ,~ Propared By: The Land C3roup, Inc. °ve X12459 462 E. Shore Drive, Suite 100 ~ Eagle, Idaho 83616 ~,~'~' t)F ~~ 20$-939-4041 `fir . ...tti Si:rPlaxxing+LrxArurfiatlnlura,-tmr +CrrvlExSixcrrir{, +GolfCou~ax&rr,~rrliox c~'~n~iaeoriag •Graphu•Cwsrrv~rxiafrex •Sr~rn~}i~rg d62 E. Shure Dcis~e. Ste.1u0, l:.;tgie, Idaho 8,iGIG • P °_(7$.939.AtkFt F 2(i8.939.;.t45 *,~.v__,_, th~1~,,r~dg,~yy~ ~ o3n G:~?OQ7\Q72U9~Acla:in~Legals~L U8U3'l~_yS_F~semu~_472[19.dor Page 1 of 2 Situated in a portion of Lot 20 of Cedar Springs Subdivisbn No. 3, Situated in a portion of the Southeast 1/4, of Section 36, Toumship 4 North, Range 1 West, B.M., City of Meridian, Ada County, Idaho 2aoa CENTER t/4 CORNER . ~"~SECTION 36 ~ ~ C6DA12 SPRINC3S CEDAR SP121NtIS f „ SUBDIVISIO.I N 3 ` SUBDMSION No. 3 `r~ ~ t o, I gj ~,~ , `,~so ~ Lot 20 ~ OF TERMINUS Block 25 ~ ~ N S89'32'11"E 464.54' -~,- 577. „ N22'43'25"E `yi '~ ~---_,~„ ' W~ ~ f~~~~ 129.69' 28.67 4' ~o3.st ~. S89'14'39"E 233.59' CEDAR SP'R1NGS x I OINT OF ~CINNING - SUBDMSION No. 3 J ~ , SETTLERS PARK I SOUTH 1/4 GARNER Legend ECTIOiV 36 ~• SECTION CORNER 36 POINT OF COMMENCEMENT ® CAlCUUUED PONT 1 PROPERTY 80UNDARY -- -- - - SECTION UNE • RIGHT OF WAY UNE ~f,L LAND AOJO)NER UNE ~D S ~,Ee~sT G~ ~ - - - - - - -- - - - EASEMENT lUO: 12459 55 SEVER UNE 9 ~'~~F OF A~ '0 9 ¢ ~N L. BJ-1+~ ~{-10.0$ 1:NGINEER/SURVFYOI2 PitOJECT INFORMATION SCale: 1' = 80' ~,ir~~ THE LAND C~ROUF, INC. - .~.~~.~. ~~i~~ ~ ,• EXHIBIT Npli 04-10-os . ,~ ~ y ~ ` "`" :~•~ : s ii: r~,i ' 07208 '~ -~v ~°~ r ~'~~~ t SEINER EASEMENT ~ ~,}„~ MERIDIAN, IDAHO 1 of 1 ~ s sr 6.