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Sanitary Sewer Easement with Meridian Friends Church, Inc. for Pine and LinderADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO 03109/11 11:10 AM DEPUTY Vicki Allen RECORDED—REQUEST OF 111020582 III IIIIIIIIIIIIIIIIIIIII III City o1 Meridian SANITARY SEWER EASEMENT THIS INDENTURE, made this day of . Ha d 20iLbetween Meridian Friends Church the parties of the first part, and 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, the Grantors desire to provide a sanitary sewer 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 and service 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 sewer line 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 line 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. 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 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 Sewer Main Easement EASMT.SWR.doc 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 n*ght-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. 1QL1 �.�r rbc �.�TiUI��iC�1'�a��,�.. Dq3b�Z Address Secretary STATE OF IDAHO ) ss County of Ada On this day of E12A.0 ft20.0, before me, the undersimed, a Notary D Public in and for said State, personally app ed K),vjj) f.,,ft emi Known or identified to me to be the Tiruqe C' ,jecretgry, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist aboyqjwri�Wp. (SEAL) zAra1,141 G 1. Sewer Main Easement It'itie 9MWO T> NOTARYPUB31LI6f6k—IDAH0 Residing at: n i" I q [7f) I Commission Expires:_ EASMT.SWR.doc GRANTEE: CITY OF MERIDIAN Tammy 4�')d'eerd, Mayor Attest i f M A Of- En/6 -0� 7�-V MIX? AL _4 ycee L. Holman, City. Approved By City Council On, NX, STATE OF IDAHO ) ) ss County of Ada On this day of 20 t before me, the undersigned, a Not 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Sewer Main Easement EASMT.SWkdoc Legal Description City of Meridian Sanitary Sewer Easement Exnibit A An easement being located in the SW % of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking the northeast comer of said SW %; Thence N 89*28"56" W along the northerly boundary of said SW % a distance of 894. P oint; 47 feet to a Thence leaving said northerly boundary S 0'033'38" W along the easterly boundary and the prolongation thereof of the Amended Rockcreek Subdivision, as shown in Book 95 of Plats, on Page 11582, records of Ada County, Idaho, a distance of 543.60 feet to the POINT OF BEGINNING; Thence leaving said easterly boundary S 85*2846" E a distance of 240-65 feet to apointon the westerly boundary of Tremont Place Subdivision, as shown in Book 81 of Plats, on Page 8849 records of Ada County, Idaho; , Thence S 0'*34'02" W along said westerly boundary a distance of 20-05 feet to apoint; Thence leaving said westerly boundary N 85*28'46," W a distance of 240.65 feet to apointon the easterly boundary of said Amended Rockcreek Subdivision; Thence N 003338" E along said easterly boundary 20.05 feet to the POINT OF BEGINNING; This parcel contains 4,814 square feet and is subject to any other easements existing 'or in use. Clinton W. Hansen, PLS oXkNL LAND Land Solutions, PC T November 16, 2010 0 0- 11118 ;0 C, 0 F OJV WNPS. L lutlons Pine Ave Sewer Ease Surveying and CormuftV Job No. 10-70 CITY OF MERIDIAN - SANITARY SEWER EASEMENT EXHIBIT B • LOCATED IN THE SW 1/4 CSF SECTION 12, T3N, R1 W, B1111, ADA COUNTY, IDAHO W 0 Z :3 BASIS OF BEARING. W. PINE AVE C 1/4 S 8978!56* E 2652-88' 11 0-12 JF - 6 . 0 - � � ,� - --V SEC. 1/4 1758-42 894.4? PARCEL NO. 89322500610 1021 W. PINE AVE. Vi z 0 V5 • POINT OF BEGINNING 240.65# 3: 20-05 ;, 4A, N 0*33*3W E I lama ;-F6 NWR�52-;!?70;rn Dk.QN PARCEL NO. — R9322500650 RUTLEDGE LATERAL 0 100 200 400 oot. LA NO Ksrh 0. 11118' :00 OF oN W& NP 12 n lutf S Land Surveying and Consulting !rand 231 E. 5TH ST. STE. A MERIDIAN, 10 83642 (208) 2W2040 (208) 288-2557 fax www.kYxWubons.biz