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Sanitary Sewer and Recycled Water Main Easement with Shaul, Rod and Tami for Pine Trunk SewerADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO 07111112 10:55 AM DEPUTY Lisa Bail III I'IIIIIIII'll~l~l'I'IIIIIIII'I) III RECORDEQ-REQUEST OF 11067545 Meridian City SANITARY SEWER AND RECYCLED WATER MAIN EASEMENT THIS INDENTURE, made this 3 da of J V ~ 2012 between Y Rod and Tami Shaul ,the parties of the first part, and hereinafter referred to as 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 recycled water main right-of way across the premises and property located at 775 N. Ten Mile Road hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and recycled water is to be installed through underground pipelines to be constructed by the GRANTEE; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the GRANTEE; NOW, THEREFORE, for good and valuable consideration in the amount of Five Hundred Dollars ($500.00), the receipt and sufficiency of which is hereby acknowledged and agreed, and in 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 recycled 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 recycled 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. PINE CONNECTOR SEWER TRUNKLINE Sanitary Sewer and Recycled Water Main Easement -Shaul 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. STATE OF IDAHO ) ss County of Ada ) On this day of ~ 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared Rod and Tami Shaul known or identified to me to be the Owners, respectively, of the property described above, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and ~_ year fist above written. J EGA--~1V . w, ~+-_ r ~ . ~'~/, d b 's a ~ vV~~ . JOT RY PUB FOR ID ~ ~, (SEAL) ~, ~ Resl ng at: r r~ p ` Commission Ex Tres: . ,~~ ,~ o: • `~ i ~~~ , C~ ~ PINE CONNE ~~V ~'~RUNKLINE Sanitary Sewer and~l~ecycled Water Main Easement -Shaul GRANTEE: CITY OF MERIDIAN .~ ~~~R~~D AU~Us~x ~," " ~ ~ ~ .~~ ~~ A ~ ~~ ~ y~ 1 Attest-~y Jays L. Holman, City Clerk Approved By City Council On: STATE OF IDAHO County of Ada ss ~" ~~~~~ Y ~ iUA6i0 ~ ~ ~~ Jl~~' ti ~ ~ Tai ASS 3 On this ~d day of ~ ~I~ , 20 ~2 , before me, e u si a Notary Public in and for said State, personally appeared ~ an AYCEE 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. .•' IC'•• /y~~. • ~' '~ ~ `; Y' ~ ,~ '~,~ ;r~+- NOT RY PUB IC FOR ID 0 • SEAL ;~' Residin at: ~.~, ~, ) ~ ' ', ,' Commission Expires: h of ~ ~I z ~~ r, ~~ f ti , y ~ + ~ ~ ~ tJ~l ~ S~'~ ~~~~r~ PINE CONNECTOR SEWER TRUNKLINE Sanitary Sewer and Recycled Water Main Easement -Shaul .~~..,. • • ~ 'I~IE s~Trw~r ,~'~1 ~~~(}~~~~~~~ ' ~~ z LANGDON MAPRI~R ORdiIP INC. J~U~B ENGINEERS, INC. Project; 10-11-098 Exhibit A Date; 6/25/2012 Sewer Easement An easement situated in the northeast quarter of the southeast quarter of Section 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the northeast corner of the southeast quarter of Section 10, Township 3 North, Range 1 West, Boise Meridian; Thence N89°10'58"W, b3.02 feet along the north line of the northeast quarter of the southeast quarter of Section 10 to the westright-of-way line of North Ten Mile Road, the POINT OF BEGINNING: Thence S00°49'02"W, 20.00 feet along the west right-of way line of North Ten Mile Road; Thence N89° 10'S 8 "W, 41.98 feet; Thence N00°49'02"E, 20,00 feet to the north right-of way line of West Pine Avenue and the west right-of- wayline of North Ten Mile Road on the north line of the northeast quarter of the southeast quarter of Section 10; Thence S89°10'58"E, 41,98 feet along the north line of the northeast quarter of the southeast quarter of Section 10 to the POINT OF BEGINNING, The above-described easement contains 840 square feet, more or less. 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