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Sanitary Sewer and Water Main Easement with The Traditions by Amyx II, LLP for Zebulon Heights No. 5ADA COUNTY RECORDER Christopher D, Rich AMOUNT •00 6 BOISE IDAHO 06/07/12 12;20 PM DEPUTY Gait Garrell ~~~ ~'I~'I~'fI'II'`II'I~~I'~'II~'II'I~ RECORDED-REQUEST OF I I I City of Meridian i 1._'G=1~~}r, t f; SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this '~ day of ~ ~ ~ ` , 2012, between The Traditions by Amyx II, LLP, an Idaho limited liability company, 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 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 Grantee the right-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, its 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. Zebulon Heights Sub. No. 5 Sanitary Sewer and Water Main Easement EASMT Sandal 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. GRANTORS THE TRADITIONS BY AMYX II, LLP ~. ~- Q ,- Todd Amyx,'Nai-tner 13967 W. Wainwright, Suite 102 Boise, ID 83713 Zebulon Heights Sub. No. 5 Sanitary Sewer and Water Main Easement EASMT Sandal STATE OF IDAHO ) ss County of Ada ) r'~ On this J day of _~ , 2012, before me, the undersigned, a Notary Public in and for said State, perso lly appeared Todd Amyx, known or identified to me to be the Partner of the limited liability partnership that executed the within instrument, and acknowledged to me that such limited liability partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. NO ARY PUBLIC FOR IDAHO Residing at: t ~ F a 61c7 Commission Expires: ~~ ~ I o2~ ~ (~ T- GRANTEE: CITY OF MERIDIAN Tammy de Wj ~: -~ ~ ~oAe~9 r F ~* gym. ; ~ -® 3 Attest by Ja~jcee L. Holman, City Clerk ~'FR~, ~~.~.°"~ acy of E IDIAN~ f~he TAeAg Approved By City Council On: ~ ~ ~ ~ Zebulon Heights Sub. No. 5 Sanitary Sewer and Water Main Easement EASMT Sandal STATE OF IDAHO ) ss. County of Ada ) On this ~ day of ~_~U~n2. , 2012, 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, 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. 9 (SEAL) o NO RY PUBLI FOR IDA O ' ,PJ Residing at: ~e~r~d\c~.~ `17 r; , . - Commission Expires: ~~a ~ ~ ~ ~(~ 1 L_~ Zebulon Heights Sub. No. 5 Sanitary Sewer and Water Main Easement EASMT Sandal April 27, 2012 CITY OF IVIERIDIAIm1 SEWER E11~ID WATER EASEMENT PROPOSED ZEBULOIeI HEIGIFITS SUBDIVISION NO. 5 Easement for the City of Meridian Sewer and Water Facilities, located in the NE %, of Section 32, T.4N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the northeast corner of Section 32, from which the North 1/4 corner of said Section 32, bears South 89°54'46" West, 2655.65 feet; Thence South 89°54'46" West, 1906.57 feet along the north line of the NE '/, to a point; Thence leaving said north line South 00°OS' 14" East, 927.36 feet to the POINT OF BEGINNING of this easement description; Thence South 43°39'53" East, 42.00 feet to a point; Thence South 46°20'07" West, 37.00 feet to a point; Thence North 43°39'53" West, 42.00 feet to a point; Thence North 46°20'07" East, 37.00 feet to the POIN"f OF BEGINNING of this easement description. Said easement containing 1,554 SF, more or less. Page 1 of 1 111101-SEWER WATER EASE.doc 1 /4 29 --~- 32 E~~06p ~ 5~0 9$1\ F~~NF No. GQ~ 13 14 E. McMILLAN ROAD BASIS OF BLARING S 89'54'46" W 2655.65' 749.08' GP~~v Q.~O~~ I 15 \ ~~~~~ ~~U~~I~~ ~~ ~~, r ~'~®~ ~~~ ~nrw.~~ scn~E 1 "=100' DWG.DATE 04~27~12 PROJ. N SHEET 1 OF 1 11101-SEWER_WATER. ~ / 16 P.0.8. MERIDIAN CITY SEWER & WATER - EASEMEN\ C N 46'20'07" E / ~ 37.00' 8 N 43'39'53" W / 42.00' 9 29 2~ 1906.57' 32 33 0 0~S 0 P9~6N ~ ~0~~~ ~~ 9 cep' I .I M \i.------ ~ -- ~ ------ ' --- -- -r- -- iT I w 1, ; ~I,\ of o \. ~`~ I ', I ~ L-- - );,I. _ ~~'', ~`, I ~~ ~ ~"~ S 43'39'53° E ~~`~,~ -- ! -- . "~ 42.00' ` ' ~, ~ AREA= 1,554 S.F.t ~`~ ,~ ~' ,;~_S 46'20'07" W ~'-' , , - _ __ --- -- 37.00' / F / ~ , ~OO~ ~~0~`~ mac- - ---- - to BLOCK 9 11 18 ~ ~~~ ~ .~ 2 ~ 3 ® EASEMENT AREA - - - - TIE ONLY ~rJ ~i~~ ~',~Gi~~uL~~JG~L'' `J rti ~.~ ~%~~~L~, I'~~GL'~,'~~uP 1029 N, ROSARIO ST., STE. 100 .MERIDIAN, IDAHO 83642 Phone (208) 938-0980 fox (208) 938-0941