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Sanitary Sewer Main Easement with DBSI Tanana Valley, LLC for Victory Road Sewer Easement CavanaughADA COUNTY RECORDER J. DAVID NAYARRO AMOUNT .00 ~" BOISE IDAHO 06/23/10 03:24 PM 3 DEPUTY Lisa Batt RECORDED-REQUEST OF i 1057'968 Meridian City SANITARY SEWER MAIN EASEMENT THIS INDENTURE, made this day of J un~ , 20~p between DBSI TANANA VALLEY LLC ("Grantors"), and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: 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. IT IS EXPRESSLY UNDERSTOOD AND AGREE, 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. o - o ~. er ~ ~ '~. ~ _=w -x . ~ ~v ~~ ~, o ~ ~ ~ z 0 ~~ c Q _~ 0 W r •~W :o ~°mv~a n1 W ~ O W d °C ° •~ oc ~~oi~ Z Q m G V O~}'0 c V W s ~.~ D O W W d QoocoC~ 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 '~~ - ~~C ©v~e1 -- ~ kb~~b~~S ~ ~~c~ ~ c~9er(, t'\©~ iC~1E-~-~ i-~tC'c, 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 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. THE GRANTORS hereby covenant that this easement shall run with the land in perpetuity and shall hereby be recorded in the land records of Ada County, Idaho. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: DBSI TAN A VALLE By: Conrad Myers, authorized epresentative of the Chapter 11 Trustee for DB I, Inc., Sole member of DBSI Ta na Valley LLC STATE OF ) ss County of~~,~t~'~rnn) On this day of , 20 (~ ,before me, the undersigned, a Notary Public in and for said State personally appeared ON1 0 ~ known or identified to me to be the ~u~huyt Z c'~RrrSGn~ ~`ly'~ of the corporation that exec ed the within instrument, and acknowledged to me that such corporation executed the same.^ ~ ~ ,~ OFFICIAL SEAL ~ ~~~~ / ``~ ~i NATHANAEL P WEIKEL O Y PUBLIC FOR NOTARY PUBLIC-OREQON Commission Expires: COMMISSION NO. A427897 MY COMMISSION EXPIRES APRIL 9.2012 GRANTEE: CITY OF MERIDIAN ~ ~~ ,Iluu+u~rr~~ ,~ 9 ~~ ~~ rF y ~~= ~a~ ~c! ~~ - ~ ~ SEAL o~ ~~ o \ Attest by Jaycee L. Holman, City Clerk ~ ~ T iS'~ 90 ~ ~ , /~~~''q COUNTY , ~~P~ `\\. // '~~~r111f ~ Illl~~\` Approved By City Council On: Co ~ ~ a ` 1 ~ STATE OF IDAHO ) ss County of Ada ) On this day of ~~ ~. , 20 1 O ,before me, the undersigned, a Notary Public in andcf~or said State, personally appeared'~4~4 ~r~ m ~ and JAYCEE L. HOLMAN, known to be the Mayo and City Clerk, respectively, of t~e City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. ~...... ,•~1CA JO '•. Gj,~ OT A~~~C'J; ~ NO ARY PUBLIC F ID ~' •~ ~`, Residing at: ~ v y\qa 1 D (SEAL) ~ Commission Expires: ~ a ,.~ >~ Zt~ 1 ~ ,~ • ~p; • ••`.9l'E OF ~~.. •....• . .. EXHIBIT A Project: 10-09-048 Date: August 31, 2009 PARCEL DESCRIPTION VICTORY ROAD SEWER EASEMENT That portion of the North'h of Section 30, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the Northwest corner of Section 30; thence along the section line North 89'42'09" East, 650.00 feet to the POINT OF BEGINNING; thence continuing North 89°42'09" East along said line, 1,800.83 feet to the North ~/+ of Section 30; thence continuing North 89°42'09" East along said tine, 220.13 feet; thence South 00' 17'51" East, 38.00 feet; thence South 89°42'09" West, 220.13 feet to the North-South center of section tine; thence South 89°42'09" West, 2,290.65 feet to the existing Victory Road right-of-way; thence along said right-of-way the following three courses and distances: North 85°'58'45" East, 58.97 feet;. North 89'24'50" East, 430.98 feet; North 00°1T51" West, 32.00 feet to the POINT OF BEGINNING. Containing 1.81 acres more or less subject to any existing rights for Victory Road and the Kennedy Lateral. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Ronald M. Hodge .S. r G E. (~ ~ a 857 s,; oil31 ogsa 'p0 ~lf O F \~? ~ V RMH/ P:\Projects\10-09-048 -Victory Road Seyrer Easement.doc EXHIBIT B