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Sanitary Sewer and Water Main Easement with Van Auker, Ronald W. for Olson Ave. Road ExtensionADA COUNTY RECORDER Chriabpher 0. Rich AMOUNT .00 B018E IDAHO 06/30111 11:~ AM REC RDEO-AEQUE~ OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III Meridian Cfry i i 1052693 __ SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made thisl~`~`~a of June, 2011 between Ronald W. Van Auker, the arties of Y p 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 and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for 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 Granteetheright-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and 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. 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 described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sanitary Sewer and Water Main Easement easement Olsen ave sewer and water Page 1 of 3 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. 3084 E. Lanark Street, MeridianLID 83642 Address STATE OF IDAHO ) ss: County of ADA ) On this ~ ~ da of June, 2011, before me, the undersi ed, a Not Public in and for said Y ~ ~`Y State, personally appeared Ronald W. Van Auker known or identified to me to be the person that executed the foregoing instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereto set my hand and affixed my official seal the day and year in this certificate first written. ~~~~,~~~~~r~ ~,,~' ~,~, D. ~- . 4~ ~~~ ~4 , l ~ ~~ ~ ~~ ~ p ~~ ~ vB~ ~. *~~f 1~#~ 1l11M Sanitary Sewer and Water Main Easement sewer and water Page 2 of 3 Not blic for Resi at My commissione pires: °~~ I-~C~ easement Olsen ave GRANTEE: CITY OF MERIDIAN Tammy de rd, Mayor ;,~~1i~~Fi7r~' ! ~ ~! t~! R ,?~ ~ , ~' i! ~ t 'w ~ d~ ~ ~. ~+A"' +FSY is Y' ~i ~4~~ Attest Ja cee L. Holman Ci Clerk ~ ~~~~~:y'' ~ ~ ~¢,ti ,~ ~ ~~~ Y Y ~ tY ~ ~ ~ R ~.+ ~ ~4 _, a~<~-~ ~ .~.~~ Approved By City Council On: ~ ~ ~'~ ~ " "' ~ ~:r ~~ -~ ~, ,~ i., ~, , . r~ STATE OF IDAHO, ) ss. County of Ada ) On this ~ day of , 20 l ~ , 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year firlt,~~q~~ written. .••~1CA J~~' . ~ ~~ .,~, ~ Q ~ . ~cl1. r ~ ~. (~E~L} • • ~ • ~ .' ~ •~, ,.~~,~G s, 0~ r~rrrr• Sanitary Sewer and Water Main Easement sewer and water Page 3 of 3 N ARY PU IC F IDAHO Residing at: t o~,t~ Commission Expires: easement Olsen ave ~XHI~IT A WAFT land surveying, IIc 315 E. Ddr~skin Drive, Boise, ic~~ho 8371b' 208.794.6622 Tele. 208.426.8319 Fix ~.~:. X44 u~y ~a, ~a~ I~~~~~~ I'~IY ~'4~L~t ~ ATI~I~ A~iT Four paraals of land lacaitad in tha au~~-a~~t Il4 of section ~, T`.3~. ~,I I~., B.i~.y 1~eri~~a~ ~~t~> Ada ~aun~y, Ih~a, ~n~. hci~g mara ~~~u~larl cascr%~ as fal~aws Y +~arnm~ncin at the ~outh~~s~ career of said a~ct~an ~, from which tie ~a~th ~~~ aarn~r of ~ai~ ~ecti~~~ dears ~ ~°~4'4a'' ', 2~71a~ ~`ee~ thence lU 8~~54'4a" '' along tie outh'boun~y of said ~eat~a~ S and the cen~riih~a a ~'ra~lin ~.d.> for ~a ~istan +~~ 7~~~3 fe+~t•, thanca I~~ng ~a~~d O-u~n~~r~ r~~ ~cante~~ir~e N ail°a~:'~" I~ fir ~ di~~ahca a~`4a.~0 #`eet t pant o~ the forth right-a~`-~r~~ 1~~~ ~f ~ranl~~~n ~t~-~: thenea leauig said ri;h#-of~way lire, 5I °S~'' ~ ~" fir ~ ~st~nce of 13.a~ Feat to the REAL P`1~~'~ F ~E~I~I~' ~F PARCEL 1, chance N 5 ~ ~~~' ~ ~'' far a dista~ca of ~a.2'~ fact; thartca a~°a4'~4" ~ for a ~i~tar~ea of I ~.aa feet; thanae ~°54'~~'' I~ far a ~i~tan~~ of l ~.a{~ ~`~ thenca ~ ~CI~O~'~4'. ~'V ~'ar a di~t~nca ai` ~7.4~ feet to tha dal ~~int a#~ I~a~nnir~g of` Marcel I aantaining 4~1 ~~~ afl~n~ m~ra ~r leis, ~har~ca ~ 5 l a57' 1 ~" V~` far a distance at' ~0.2~ fea#; thanca l~ ~l4°aA~'24" E far a cli~tance af'3~~,a~1 feet, hence I~1 ~~°:1 S' I ~~, far ~ dsta~ea of ~~.D~ feet tc~ tha I?~L ~+~~~fi +~~` BLI1~~1IN F I~'A~L ~; thence N ~~°l ~ ~,~~, '` f~~ a dista~~ea of ~4.9~' feed, thence ~~°5'9'3" fQr a ds~an~e of~~.3~ teat t~ the ~a~thw~est career of CJlsan and Kush In~dustri~l 1'ar~ uhdvslan .i. ~:~~Prajectsl~LC~~ 5~' ?44~~L~~~~M~~`~~Sl~~~onsc~w~s~.d~c.c~oc EXHI~3IT A theme ~8~2~'~'f a1Qn~ the Guth baunc~ar~ o~~aid son aid h Indu~~rial Per ~ubdivisi~-n, for a di~tc~ of ~ 7.~6~~ th~r~ce ~~°24'x" ,~ ;for ~ di~tanee of 5~.1 ~ fcet'; thence S +67°35'44'' far a distance ~~ 1 ~.t~2 feet to the R~A~ P'~?I~T ~ ~~INl~I1~G . ._ t~~~` ~A~~EL ~, containing 87~ ~ ~f tad tnt~re or ~~ thence ~° 1 ~' ~ 0" ` for ~ d~staee of 34.9' feet.;.. he~ee ~ 24°59'53'' ~'or a dista~~ce of 2~~7 feet to ~ ~l8 inch iron din n~arkin tie ~othwe~st corner of ~31s+an aid ~u~h t~du~tria~ Park St~~di~isiony thence X188°28'S'~'~ along the youth baundar}~ of ~31sar~ ar~d hush ~uhdir~is~on h~a. ~; fare distance of 51~.~2 feet to the outcast eor~er of Lat ~, toy 3, the ~E~L ~~T the~ee ~avin~ said ~auth boundy l ~~~~' l ~ " E for a distance of 4~.9 ~ feet; thence ~~~°35~~4"' for ~ distance of X4.:44 feet; thence N 22°24'S~" ~U for a distance ~f ~.~$ feet; thence ~4°x3'43" far a dst~ne~ of 22.3 feet ~~ a ~-vint a~ the Seth ounda~ line ~f paid L+at ~ , l~loclC 3; thence 88°~~'~~" ~ along said South boundary, i"~r a distance of 1~D39 feet t~ the R~, ~'t~~~y ~F ~EI~t~ ~~~" ~-1~.~~L , containing _7~$ S~ of ~d more car tess• iher~ee ~ea.vin said youth boundary ~` l 8°~14y I l" E far a distance of 49.~~ feed; _ __ thence ~ 2Z° 1 ~' 1 ~'' for a ~li~ta~ncc of l ~ ,~~ feet; thence ~ t~~~4'24" VV far a ~istahee of ~ 2~'.5 ~ feet to the R~;L P~I~~~I' ~` BE~NIN~ ~~" PAR~E1~ ~~ theme S 4~C~°t~4'2" l~ for ~ distance of 2~,~~D feet; ti~ence ~ ~9°55'30" fdr a c~ sta.n~e aft 1 f~-feet, il~ence I ~~°~~4'24" E for a distance of ~~,~~ f~~t; thence ~~°55'~b"" for a distance ot` 10 feet to the ~~A~ i'I~'T' ~~~ iN~ C~:~ PA~E`~ 4, containin ~ ~~~ SF of land more or less• ~ r ~re~ared b~. 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