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Sanitary Sewer and Water Main Easement with Relo Boise, LLC an Arizona Limited Liability Company for Idaho Central Credit Union Located 3375 UstickADA COUNTY RECORDER Christopher D. Rich AMOUN'P .00 BOISE IDAHO 01!24113 11:15 AID DEPUTY Bonnie Oberbillig III I'II~IIIIIIIIII~III'IIIIII"III'~~ RECORQED-REQUEST OF Meridian City 1130~~5~y SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this '"day of l~eeem between Relo Boise LLC an Arizona limited liability company, the party of the first part and hereinafter called the Grantor an . .. ~ d the City of Meridian, Ada County, Idaho, the party of the second art, and hereinafter called the p Grantee. WITNES SETH: WHEREAS, the Grantor desires to provide a sanitary sewer and water main ri ht-of wa g Y across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through under ound pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time b Y the Grantee. NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and conve unto Y the Grantee the right-of way for an easement for the operation and maintenance of sanita 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 sanit ary 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 andright-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 r airs and maintenance. However, Grantee shall not be responsible for repairing, replacin or restorin g g anything placed within the area described in this easement that was placed there b the Y Grantor in violation of this easement. THE GRANTOR hereby covenants and agrees that the Grantor 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 GRANTOR hereby covenants and agrees with the Grantee that should any art of the p 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 hereb ranted Yg 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 GRANTOR does hereby covenant with the Grantee that the Grantor is lawfull seized Y and possessed of the aforementioned and described tract of land, and that the Grantor has a good and lawful right to convey said easement, and that the Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all ersons p whomsoever. IN WITNESS WHEREOF, the Grantor has hereunto subscribed its signature effective as of the day and year first herein above written. GRANTOR: ReLo Boise, LLC By. ,U. Madan Reddy, Manager Address: 16679 North 90th Street, Suite 101, Scottsdale, Arizona 85260 STATE OF CALIFORNIA ) SS. COUNTY OF SAN BERNARDINO ) On December , 2012, before me, t~1 ~. ~~ ~' ~ ~~ not ublic ersonall ~n ~ ary , p p Y appeared Madan Reddy, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNE S S my hand and official seal. CATHERINE JAAAMIIID ~.~ • Cammissioo ~ 192.3700 = u~~+~' Notary Pubii~ - California San Bernardino Coanty ~~• M Comm. Ex ices Jan 28, 2015 Place Notary Seal Above GRANTEE: CITY OF MERIDIAN j Signature ~ ' Not Public ~°~~~~~'A~c~s~ ~a¢ 1 ~~ ~'~o Tammy de erd, Mayor City of ~ IDIA N~ ~ IDAHO ~ SLAT ~. ~' .t:rt~.L ~ ~ titi ttest b J ycee L. Holman, City Clerk ~~~ ~,.~ ~~~~~ ter rR~AS Approved By City Council On: STATE OF IDAHO } ss. County of Ada ) On this ~ Z da of ~~~ ~ ~ 201 before me the undersi ed a Not Public Y ~ _> gn ~ ~`y in and for said State, personally a eared 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. art*p•f~1 ° ~ ~• i-~~~ ~ '"'~ rf ~~,,~. (S~A~ ~;~: ARY PUBLI FOR ID ` i} i i ~~ ~ Residing at: ~ d 1 ~~ , ~ ~ ';~'~. ~ ,-'~ ; Commission Expires:. ~ .2 b ~ ~ ,~~ ~~, ID~~~• •~rr~~'~ ~'~ ®,~ ~~ 1 I { - , . ~~ THE LA?VD GROL-Y, [t~C. December 6, 2012 Project No. 111038 Sewer & Water Easement Description Lot 10 Southeast Corner Marketplace 928 Square Feet EXHIBIT "A" Page 1 of 1 An easement being a part of Lot 10, Block 1, of Southeast Corner Marketplace Subdivision No. 2 (a subdivision on file in Book 101 of Plats at pages 13337 - 13340, records of Ada County, Idaho), situated in the Northwest One Quarter of Section 4, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at the southwest corner of Lot 11, Block 1, of said Southwest Corner Marketplace Subdivision No. 2, thence following the southerly line of said Lot 11, South 88°08'53"East a distance of 226.77 feet to the southwest corner of Lot 10, Block 1, of said Southwest Corner Marketplace Subdivision No. 2; Thence, leaving the said southerly line, and following the westerly line of said Lot 10, North 1°S1'07" East a distance of 8.85 feet to the POINT OF BEGINNING. Thence following the said westerly line, North 1°51'07" East a distance of 32.00 feet; Thence leaving the said westerly line, South 88°08'53" East a distance of 29.00 feet; Thence South 1°51'07" West a distance of 32.00 feet; Thence North 88°08'53" West a distance of 29.00 feet to the POINT OF BEGINNING. The above-described tract of land contains 928 square feet, more or less. Attached hereto is Exhibit B and by this reference is made a part hereof. o~AL ~AN~ Prepared By: THE LAND GROUP, INC. ~r~5ti ENSFp `~~,~~ 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 a ~ 4216 ~, 208-939-4041 208-939-4445 (FAX) ~'j. o qTE OF ~~~~ ~~a~x.~' r Site Planning a Landscape Archkecture • Civil Engineering m Golf Course irrrgrrtron & Engineering ° Graphic Cvntmun~totion s Surveying 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 • P 203.939.40x1 F 203.939.4445 ° www.theland~rouninc.com g:\2U11~111038\admin\le~als\t 12i2U6 lot 1Q sewer ~ water easement 111038.doc __ _- Situated in the NW 1/4 of Section 4, Township 3 North, Range 1 East, B.M. City of Meridian, Ada County, Idaho 2012 Southeast Corner Marketplace Subdivision No. 2 Block 1 _ _ EXISTING SEWER & i ~ i ~° " ~ WATER EASEMENT ~ ' ~ Ji ~ ' i ' ' I ___ ~ ~ ~ Lot 12 , Lot 11 ~ Lot 10 ~ ___., , ' I( ____ ` ~ ~ I I 'i ' L___-___... ' I __.....i ~ (! 1 1 i 1 _ _ III I ~ _ f I 1 _ _ _,~..._; ; ~ I PROPOSED NEW SEWER dt /` J I ~ WATER EASEMENT I ' ,% / i I 928 SQ. f7t S88~8'S3°E 1 I ~% -~~----_,_____ ~.-°S88'08'53'E 226. ~~~'~ N1'5i'07"E / •~ ~----""-.-.._° SW CORNER 8.85' - N88 8'53 W 1 LOT 11 Lot 8 28.00' ~; I Lot 9 EXISTING SEWER & WATER EASEMENT Legend ~~~ CALCULATED POINT NEW/VACATEO EASEMENT ° ®° "'°~ ""^" --' EXISTING LOT LINE PROJECT INFORMATION Scale: 1" = 5D' { - ----- Exhibit "S" 12/6/12 111D38 Sewer & Water Easement SE Corner Marketplace ~ ®~ ~ Iz'c~~~,~.,