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Sanitary Sewer Easement with Chetwood Properties, LP for Kendall Ford 250 OverlandADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IQAHO 0112113 11:15 AM DEPUTY Bonnie Oberbillig III IIIIIIIIII'll'lllll'llllllll"I'11 RECORDED-REQUEST OF 1130~25~4 Meridian City SANITARY SEWER EASEMENT ~,~ ~a~v ~~ , 2ot3 THIS MENTURE made this v~~ da of between Y Chetwood Properties L.P., an Idaho limited partnership, 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 sewerright-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 V~'HEREAS, 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 far repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sewer Main Easement -Page 1 TIC 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 ail persons whomsoever. [remainder of page is intentionally blank) Sewer Main Easement -Page 2 IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: CHETWOOD PROPERTIES L.P., an Idaho limited parhlership By~ Lawrence H. Chetwood Its; General Partner 9211 W. Pebble Brook Lane Boise, Idaho 83703 ACKNOWLEDGMENT STATE OF IDAHO ) ss. County of Ada ) On this 15 ~ da of December, 2012, before me, the undersigned, a Notary Public in and for .~. y said State, personally appeared Lawrence H. Chetwood, known or identified to me to be a General Partner of Chetwood Properties L.P., the limited partnership that executed the within and foregoing instrument, or the person who executed the instrument on behalf of said limited partnership, and acknowledged to me that such limited partnership executed the same. IN WITNESS V4'HEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ,~~IIIli111~ f~, .~`, $r~~' S~ ~'~i ,~~ o ,,,N yp- ~~, •` ~ Qi- ~i ~' = l~~y .. ~ ~b11G i ~. i ~i~~e Qf Oda ~~~ ~~~IIIIt111 is for Idaho Residing at v My commission expires: q Sewer Main Easement -Page 3 GRANTEE: CITY OF MERIDIAN Tammy de We Mayor 0~Q~.A`~ ~ D ~ UG,UcT a~, Wiest by ~a~cee L. Holman, City Clerk c~tyo~ E IDIAI~~ Approved By City Council On: ~~~~ ~titi ~~ot Abe Tlt~AS~4~y STATE OF IDAHO County of Ada ss On this ZZ n ~ day of nv Q. , 20~, before me, the undersigned, a Notary Public in and for said State, personally appeared T 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. w'HERE(JF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~~....~ i ~,~ ~ '~ d,~ • (SEAL) ; • ~ ~ ~ ~, • ' • ~ ay ~~,~G,~' ~~ •iil~ N T Y PU,BI,IC R IDAH Res ing at: ~ PTV' 1 C~ \ A.'-') ~ ~ Commission Expires: i ~~ 1-I ~ vI L) Sewer Main Easement -Page 4 December 7, 2012 Page 1 of 1 EXHI~I'I' --~~- Sanitary Sewer 1Vlain Easement "! I' ~ quadrant Consulting, Inc. A 20.00 foot wide easement being situated in a portion of Government Lot 4, Section 18, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho being more particularly described as follows; Commencing at the Southwest Section corner of said Section 18; thence along the South line of said Section 18 North 89°43'32" East 701.34 feet, thence leaving said South line North 00°45'10" East 65.00 feet to the East Right of Way of South Country Terrace Place, thence continuing North 00°45' 10" East 395.84 feet along said East Right of Way to a point on said East Right of Way and on the West boundary line of a parcel of land described in a Warranty Deed recorded as Instilmlent number 103094632, records of Ada County, thence leaving said East Right of Way and said West boundary line South 89°14'50" East 71.61 feet to the POINT OF BEGINNING; thence North 02° 29' 10" West 121.15 feet, thence North 00° 18' 41" East 375.15 feet to the southerly line of an existing Sanitary Sewer Easement recorded as Instrument number 9049401, records of Ada County, thence along said southerly lice North 67° 00' 08" East 9.25 feet, thence continuing along said southerly line North 78° 54' 17" East 11.73 feet, thence leaving said southerly lice South 00° 18' 41" West 380.64 feet, thence South 02° 29' 10" East 120.66 feet, thence South 87° 30' S0" West 20.00 feet to the POINT OF BEGINNING; Said easement contains approximately 9,987 square feet or 0.23 acres more or less. 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Overland • Boise, ID 83705 Phone (208) 342-0091 Fax (208) 342-0092 www.quadrant.cc Civil Engineering Surveying rn ~- ~ - - - Li C7 O Z ~ O K ~ O~ ~Q Q ~ O z~ wW Y ~ ,9Z_bbbZ 3„Z~ ,~h .68fV _~ 0 IS 1 Q~'02I QNN'I2IQA0 Q - - bS lOL - -- W (', o -.. _... 0 . _..__.. _ ~n ~ 0 <Y co ,n w rn ~ ' 0 0 ~ o N z w' U ~ O ~ ~" ,n I w F o ~ ° I a z ro a ~' ~i o ~', _ m ~ N w 0 ~I rn - ~- N 0 ~ ~ .. __ N N 0 ~ I N ~ 0 z W ~ d I Z w ~ w ~ rn m I ~ Qo W~ _ ~ ~m W~ ~° aI ~ ~ w ~~ rW ~m M ~i rri ~ Q Z W Z Q I- U1 Z ~ _ ~ ~ I W ~ Z ~ ro r- O O ~ I F- ~ N ~ X W Z V1 z I~j ~~ ~i ~ ~ w w co ~ o o ~ o ~ ~ ro ~ n L L 3~`~y~~3y~1 1'O z w C~ W J F- Z W Q W ~ ~ Z W W ~ ~ W 7_ W W O J Z ~ Q } J ~ W F- W ~ ~ z U1 z W ~ ~ d ~ W N O U O d' W ~ X d V7 d W I ~ -~- O ~ U ~ ~ ~ ~ n W o ` (n LJ/ N _ I ~ ~ ~ ~l ~ o ~ ~ N U ~ _ co r~ Q 6 z c n a w W z 0 z M a_ S N 3 O O Q ~o O F- U ~ m W ~ Q ~ wo ~ oQ m ~ a z X ~ ° °-~ w ~ z~ W W Z O ~ > m Q ~ ~ ~+- W O z O F 0 n. z 0 U O J ~ N ~ \ u ~ J U Q ~ ~ I i ~~f 230 s w !I f (Instructions on back of application) 1. The Warne of the limited partnership is: Q2 JUN 28 P~ 3~ 37 ~"„~.L i.;,t T ur 5 FATE STATE DE I®AHfl ~< ...:. .. _ ~ .,=rte Chetwood Properties L.P. 2. The name and business address of the registered agent are: Gregory A. Byron, Thornton Byron LLP, 1101 W. River St., Suite 340, Boise, Idaha $3702 3. The name and business address of each general partner are: Name ddress Lawrence H. Chetwoad 9211 W. Pebble Brook Lane, Boise, Idaho 83703 Shirley S. Chetwood 9211 W. Pebble Brook Lane, Boise, Idaho 83703 (If more space is needed, continue in item 4.) 4. ®ther matters (optional}: 5. Si tuts of all ens I artn rs: d ~1.~ Lawrence H. Chetwood yped Name Shirley S. Chetwood Typed Name Typed Name Typed Name ' N 0 N ~° m I °' N ~j a I ~We6 Form Secretary of State use only I SECRETARY AF STATE CK: 2334 Cie 144142 1#1: 414bi7 1 @ 189. = 181.M LTD pTR I~ "~ ~.~~~3