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Sanitary Sewer and Water Main Easement Taylor, Roger and Teresa Diamond View Assisted LivingADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 I BOISE IDAHO 03104110 02:10 PM DEPUTY uea Batt RECORDED-REauEST of III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III Meridian City l i @~ 19465 SAN]TARY SEWER AND WATER MAIN EASEMENT THIS 1NDENT[.JRE, made this /~~day of~~~ . , 20 /® between , the parties of the first part, Roger Taylor and Teresa Taylor, husband and wife, hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, Grantors own that certain real property ("Grantors' Propert~~ legally described as: Lot 2, Block 1 of Martinel Subdivision, according to the plat thereof, filed in Book 66 of Plats, at-page 6744, Records of Ada County, Idaho. WHEREAS, the Grantors desire to provide a sanitary sewer and water main easement across Grantors' Property in the location described in the attached Exlu'bit A.; and WHEREAS, the sanitary sewer and water is to be provided through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service 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 a nonexclusive easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A & B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains 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. SANITARY SEWER AND WATER MAIN EASEMENT- Page 1 of 4 TO HAVE AND TO HOLD, the said easement unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY iJNDERSTOOD 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 described for this easement, which would interfere with the use of said easement, for the purposes stated herein. However, Grantors and City of Meridian agree that Grantors. may place fences across the area described for this easement, so long the fences have gates of a size and type sufficient to allow vehicle access to the easement. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such easement ,shall cease and become null and void and of no further effect and shall be coynpletely 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. (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) SANITARY SEWER AND WATER MAIN EASEMENT- Page 2 of 4 I1V WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTORS: J ~- 5TATE OF IDAHO } } ss County of Ada ) _ _ .~ -r` . On this c•~ w. day of ~~'''~~~~`~---~ , 20: ~~ . before me, the undersigned, a Notary ~. ;,-: •:~, : -~ ice....-, Publi~.in and for said State,,Personally alt:~eared ~ •1 . ;.. and .-J/..-+~''' =- ; •~'~~~ / ~''- , known or identified to me to be the person that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have`h~retanit~o set my hand and affixed my official seal the day and year fist above written; " ~.`a,~~~a~,,;'.~•: '• . ,~ f ~.;,, - r~ c exu n ws • ` "~' 1110~A.R~ PUBLIC F R IDAHO . _ ~~ . . ..~~ ,.•""w°r~C~ssion Expires:- ,.~}; ~ ~t; SANITARY SEWER AND WATER MA1N EASEMENT- Page 3 of 4 GRANTEE: CITY OF MERIDIAN ~,~~uu~~ir,i,,~~~ Tammy de Weerd, y \~o CFO ~ $E~1L = Attest by ycee L. Holman, City Clerk ~G `~ +~ . 9~ ~sr tst • .~® ~: ~y ~P Approved By City Council On: '/~~ ~%C~1NT~CJ~~~~`\ -nn n~ STATE OF IDAHO ) SS County of Ada ) On this ~er~ day of 1 , 20,1Q, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE L. HOLMAN, 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. [N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .••••••. ~.•'GA J~1~'•. ,~+ ~ ~ NO RY PUBLIC R HO (SEAL) ~ Resi g at: ~„ra ~ lr~ah~o ' ~ Commission Expires: .ln r, ~ ~~i y ~ ~~ G : O~ ~ 4. •'~`q'~ OF ~~.• •~~~~s• City of Meridian, Idaho Sanitary Sewer and Water Main I'sasement FsASMT.SBcW 1-29-1>y Project: C08051:1 Date: January i4, 2010 Page: 1 of 3 332 N. Broadtrtore Way Nampa,lD 83687 Pb: (208} 442-b300 • i~ax: (208) 466-0944 EX/tlblt "A~~ 30.011 foot wide Sewer and Water Easefnent Lot 2 ,block 1 of A~1artinel Subdivision This easement is situated on a portion of Lot 2 of Block i of Martinet Subdivision on file in book 66, page 6764 in the Qfi~ce of the Recorder, Ada County, Idaho and is more particularly described as follows: CUMMENCIN(i at a 518-inch iron pin marking the northeast corner of said Martine! Subdivision, said point also being the northeast corner of the SW 1I4 of the SWi/4 of Section 28, Township 3 North, Mange I Fast of the Boise Meridian; thence along the north boundary of said Martinet Subdivision, A) N.89°21' i 4"W., ')46.21 feet (of record 745.97 feet) to the northeast corner of said Lot 2, laic! point being the PUINT UT BCGINNING; thence along the east bowidaty of said Lot 2, B) 5.00°55'03'"W., 30A0 Peet; thence parallel with the north boundary of said Lot 2> l) N.89°23'14"W., 385.63 feet; thence, 2) N.00°00'00"E., 30.00 feet to a point on the north boundary of said Lot 2; thence along said north 6oundarv, 3) 5.89°7.1'i4"R., 386.)1 fe CONTAINING Z 1,576 squat~e feet, mor L:1 Araject Fi fes\ C08051 lSnrveylC.egalDescriptioas\30' Water-Sewer Esmt, l.at 2 Martlnel.doc N.=•`N° _ '~3 ... SOUTH I1AGi,R ROAD n S00.34 :5'8 ~ 132729' ____ ._.__ - ~ ' '~' ~~~ ~+ - - _. -- - ----- r2 _ ~ ~ -4. q ~ V y ~~~ 4 ~ ~ ~~ ~ ~ ~ S. PALATINO A ~~~ ~~ a~_ ~~_ ~~ ~~o ~, _ ~ ~ ~ ~ ~ ~~ ~ o a { ~ t ~~ ~ ~o~ ~~ ~~~ , ~ ~ w~ ~ ~~ ~x~ z m c~= d ---- ---- L c ~ o ~~ yi y z c, ~ ~ ~ ~~i f Z Z ~' ~ m ~ ~9! ~ z ago I at.Fto ~,: ~ S ~ 4~~~~~1 ~. ~ f~ • q U y z `~1,9'P ~d~~t ~ ~ ~'9~ ~~~i ~ I~ ~,~,~~ tin ~~ _- 6R, ~i~, ~ + `~ ~ ~ ~9tbr~' l0 R ~~ ~ I ~~ ~~ ~ l ! `~~'~rr ~ °~ i - ._._.. ~ ~.:T- ._.~. ____ -- r~oJ~cr n~o. DIAMOND VIE1N' ASSISTED LIVING ~~,:' ors sx~ sEwE~ ~ wAa~x ~ass~rrr .~ M~,~ sw~~r EXHIBIT "B,~ ~, ~ ~~~w~~~~ toF~ r~~ttrauw two rnrtz m+avrm,. ~ v ~ ~ 0 0 0 r $ ~ ° °~ ~ b~+ 4 Q q ~ ... ti7 ~ ~ a ~ ~ ~ ~