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Sanitary Sewer Main Easement with Statewide Mortgage Services Company, Inc. for Washington Federali ' ' ~ ADA COUNTY RECORDER J. DAVID NAYARRO AMOUNT .00 ; BOISE IDAHO OB112J09 03:45 PM DEPUTY Bonnie Oberbillig III I'IIIIIIIIIIIIIIIII'IIIII'111 II'll RECORDED-REQUEST OF Meridian City 1 ~~'~~~~'~~ SANITARY SEWER MAIN EASEMENT THIS IlVDENTLTItE, made this 27 day of July p9 STATEWIDE MORTGAGE SERVICES COMPANY, TNC. ~2U between Grantors, and the City of Meridian, Ada County ddaho, the party o the second part, and herel after called the Grantee; WTI'NESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer main 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, service and subsequently connect to said pipeline 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 a sanitary sewer main at the convenience of the Grantee over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer main and its allied facilities, together with maintenance, repair, replacement and subsequent connection thereto of sanitary sewer mains 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. TT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs performing other maintenance or making subsequent connection to the sanitary sewer main, 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. City of Meridian, Idaho Sewer Main Easement 29-09.doc EASMT.SEW 1-29-09 1- ~ ' t a 9 f ~ 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 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: ~X Challis Lod STATE OF IDAHO ) ss County of Ada ) On this 27 day of July , 20 09 ,before me, the undersigned, aNotary Public in and for said State, personally appeared Robert Link and Challis Loveland known or identified to me to be the Authorized respectively, of the corporation that executed the within instrument, and Signers acknowledged to me that such corporation executed the same. a IN WTINES~~~~REOF, Iuhave hereunto set my hand and affixed my official seal the day and year fist abc~~ °~v~lt~g,~ ~ ~ ®~ ®~' ® ~ °° ® ° "~ ~ m 'I OTARY PUBLIC F AHO p o ~ ~®~~-~ Residing at: ~ SP ~' ®® ~ B ~^ ~ ®~` Commission Expires: x/8/11 m m ,~,. _,: Sewer Mai~fr' ~~®o®a®~® EASMT.SEW 1-29-09 1- 29-09.doc °~i S GRANTEE: CITY OF MERIDIAN Tammy de r , ayor ~.,,,,,, u ~ ~ „~,,,, ,~ `, OF ~~ '''+''J i w. I d / ... _ ' G `~o~~ TFO ~4~ .~ , i L. Approved By City Council STATE OF IDAHO ) ss County of Ada ) City Clerk sa~AL . ~I1NTY ~ ~~~ G c~~ 15'~ ~ ~~` 0 ~~r~-~r~t~i nn~tN,,~ On this ~ ~~ _ day of ir1 L1S'~ 20 Qq and for said State, personally app ed TAMMY DE WEERD and J1AYCEE L. HO~LMAN, knobwn 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. (SEAL) . ~'°-r ' ~. iii , i t • ~ ~ ~ r i `'~ i City of Meridian, Idaho Sewer Main Easement 29-09.doc OTARY PUBLIC FOR IDAHO Residing at: ~~ Commission Expires: ~~• ~ EASMT.SEW 1-29-09 1- T ~9 Project. No.: 3325 Date: July 24, 2009 187 E. 5dth Street ®Garden City, Idaho 83714 (206) 365-®636 Fax (206) 385-~l696 EXHIBIT "A" DESCRIPTION OF CITY OF MERIDIAN SEWER MAIN EASEMENT AT WASHINGTON FEDERAL SAVINGS A parcel of land being a portion of Parcel G, as shown on Record of Survey No. 7377, filed for record in the Office of the Recorder for Ada County, Idaho under Instrument No. 106072793, lying in the NW 1/4 of Section 18, T.3N., R.1E., B.M., Meridian, Ada County, Idaho, and more particularly described as follows: BEGINNING at the Southwest corner of Lot 32, Block 2 of Honor Park Subdivision No. 3 as on file in Book 78 of Plats at Pages 8191 & 8192 in said Office of the Recorder for Ada County, Idaho; thence along the North line of said Parcel G North 89°20'24" East 18.26 feet to a point; thence leaving said North line South 31°50'40" East 57.15 feet to a point; thence at right angles South 58°09'20" West 20.00 feet to a point; thence at right angles North 31°50'40" West 88.33 feet to a point on the West line of said Parcel G; thence along said West line North 00°39'36" West 3.68 feet to a point on the South right-of-way line of East Franklin Road; thence along said South right-of-way line North 89°20'24" East 15.00 feet to the Northwest corner of said Lot 32; thence along the West line of said Lot 32 South 0039'36" East 20.00 feet to the POINT OF BEGINNING, Said parcel of land contains 1,483 square feet, more or less. W:13325{Docs13325-sewer-ease.doc - jdw • ~ ,•4 ~ y ~ ~_ EXI-II~IT "~" CITY OF MERIDIAN SEWER MAIN EASEMENT EXHIBIT AT WASHINGTON FEDERAL SAVINGS SITUATED IN LOT 24, BLOCK 2, HONOR PARK SUBDIVISION No. 3, --r.--~ LYING IN THE NW I/4, SECTION 18, T.3N., R.IE., B.M., N o0°39'36° wR E, RRANKLIN ROAD ~ERIDtAN, ADA COUNTY, IDAHO 3.68' \ N 89°20'24" E 15.00' ~ ~ m N 89°20'24" E `-" ' "° N °a 18.26' .,......,. .. ~ - N 89°20'24" E 230.30' _ I _ 36.48' 175.56' N Im P.O.B. "% SW CORNER so, LOT 32 ,~ Do .~ ~ __~ `~.~ AREA IN EASEMENT 1,483 SQ. FT. N L S ~~ s o, ~O F s~~ ''s, ~~G o l0 20 ao SCALE IN FEET I" = 20' 3325-Ease-Exhibits.dwg 07-24-09 10:42:58 JWorgo ~~ v n N `° : ,.;'; ~: •,: ; ;. - ;,,. <;~=~~ , '• ~., ,-~;=~ ~o co i ---..~ ,,,. O _ ~ -~-- _ Ca] PROPOSED WASHINGTON FEDERAL - SAVINGS ~ 3 l~' ~ `° ~7 ~~~ ~ , ~~ ~'