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Sanitary Sewer and Water Main Easement with Idaho Central Credit Union for Modification 3375 UstickADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO 01!24!13 11:15 AM REC RDED°"REQUESTOF9 III IIIIIIIIIIIIIIIIIIIIIItIIIIIIIIIII Meridian City 1130085~~ SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this ~3~ day of ,between Idaho Central Credit Union P.O. Box 2469, Pocatello, Idaho 83206, the parties of the first art, hereinafter called the Grantor . .. p and the City of Meridian, Ada County, Idaho, the party of the second art, and hereinafter called the p Grantee; WITNESSETH: WHEREAS, the Grantors desire 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 round . g 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, inconsideration of the benefits to be received by the Grantors, and other good and valuable consideration, including modification of the existing Easement, recorded as Instrument # 108076614, as shown in the attached exhibits and solely to the extent affecting Lots 11 and 12, Block 1, of Southeast Corner Marketplace Subdivision No. 2, 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 property described in 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. Sanitary Sewer and Water Main Easement 2012-12-13 ICCU Ustick S-W EASMT THE GRANTORS hereby covenant and agree that the will not lace or allow to b Y p e 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 easem ent, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should an . y part of the right-of way and easement hereby granted shall become art of, or lie within the bound ' . P arses of any public street, then, to such extent, such right-of wa and easement hereb ran Y y g ted which lies within such boundary thereof or which is a part thereof shall cease and becom e null and void and of no further effect and shall be completel relin uished. Y q THE GRANTORS do hereby covenant with the Grantee that the are lawfull seized and Y Y possessed of the aforementioned and described tract of land, and that the have a ood and 1 Y g awful 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. GRANTOR: Idaho Central Credit Union Kent ram, President C ~ !{ { .~ ~ ' f ~A st: ustee Woo stenhulme STATE OF IDAHO) . ss. County of Ada ) ~, On this da of ~~ ~ e~ ~ e r ~~ Y , 20 , before me, the undersigned, a Notary Public in and for said State, personally appeared ~ ,~-~' ~ and ~ ~~~~ ~ gal ~~~ ~, ~,~,~,, known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same: IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the da . Y and year fist above written. ~~JZN ~oy~s 0 to p 06~ Y 2 ~ C Sanitary 5~~~ ~ ~O Easement .~ NOTARY P LIC FOR IDAHO Residing at: ~ .~~ Commission Expires: ~ ~' ~ ~ 2012-12-13 ICCU Ustick S-W EASMT GRANTEE: CITY OF MERIDIAN Tammy d erd, Mayor n ttest Jaycee L. Holman, City Cler Approved By City Council On: STATE OF IDAHO) . ss. County of Ada ) ~~~Tr,D A~~~~~ I ~~ o~, .. F ~:ity of E IDIAN~- `A O~ ~ fie ~ i h.~ ..~ .~ ~~~~~ yeti qsf rke TRF~S~~ On this ~ 2 day of o.n~ ~. ~ , 20_~ before me, the undersigned, a Notary Public in and for said State, personally appe ed 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. •~ ~~~ •t E ~, l'',,~ ~ ~' ~'`~ • TARP P LIC F IDAHO ~S ~ ), ~' ~~ • • ~' ~' '~` ~ Residin at: I~ ~ ~~ -~ 1 ~ g .~ ~ -t~. 4 -~ ~ Commission Ex Tres: z~ 2 D ~ L1 p :~.~. ~ ~ ~~ S ~# r ~ ~ ,~~~ • ~"* •.. w r Sanitary Sewer and Water Main Easement 2012-12-13_ICCU Ustick_S-W EASMT ~= = ;5 ~ '` `:-4 Page 1 of 1 ~~ ~- -..®--~~ THE LAND GROLP, INC. December 6, 2012 Project No. 111038 Sewer & Water Easement Description Lot 11 Southeast Corner Marketplace 6,997 Square Feet EXH1617 "A" An easement being a part of Lot 11, 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 55.77 feet; Thence leaving the said southerly line, North 1°51'07" East a distance of 8.85 feet to the POINT OF BEGINNING. . Thence North 1°51'07" East a distance of 74.66 feet; Thence South 88°08'53" East a distance of 32.00 feet; Thence South 1°51'07" West a distance of 42.66 feet; Thence South 88°08'53" East a distance of 139.00 feet to the easterly line of said Lot 11; Thence following said easterly line, South 1°51'07" West a distance of 32.00 feet; Thence leaving said easterly line, North 88°08'53" West a distance of 53.00 feet; Thence South 1°51'07" West a distance of 8.00 feet; Thence North 88°08'53" West a distance of 20.00 feet; Thence North 1°51'07" East a distance of 8.00 feet; Thence North 88°08'53" West a distance of 98.00 feet POINT OF BEGINNING. The above-described tract of land contains 6,997 square feet, more or less. Attached hereto is Exhibit B and by this reference is made a part hereof. LANd Prepared By: THE LAND GROUP INC. ~5'' ~,~CENSF -v~\ 462 E. SHORE DRIVE, SUITE 100 0 ~ EAGLE, IDAHO 83616 w 14216 ~, 208-939-4041 208-939-4445 (FAX) `~'T 1~ ~T£ OF SOP ~ • ~ •~ r~ Site Plannri~g e Ln~~dscrz~e Architecture a Civil Engineering a Galf Course irrigptian & Ertc~itteerinc~ o Graphic Carnmunicrrtion ®Surveying 452 E. Shore Drive, Ste. 100, Eagle, Idaho 33515 ° P 2(78.939.4041 F 20&.939,4445 ° www.theland~roupinc.com g:\2011\11103&\aiirnin\legals\I 12.1205 lat l1 sewer & water easement 111033.doc Situated in the NW 1/4 of Section 4, Township 3 North, Range 1 East, S.M. City of Meridian, Ada County, Idaho 2012 L___. i ! ~ ! I d '_°_J I 1 ,,~.._- I °__°~ ~ ~ I I j . 1 ! 1 ! ! L°_ I ! 1 , 32.0 ~ ---, I ----, ! ~ ___! / ~ / ~~ / o i _~ i = / i S88ro8'53'E --r---- 55.77'(TIE) ~ SW CORNER . / LOT 1t ~1N~ Southeast Corner Marketplace Subdivision No. 2 Block 1 EXISTING SEWER & ~ ~ WATER EASEMENT ~ Lot 12 I Lot 11 ! ! ' I I 1 ! 1 I I --°, !I I ! I PROPOSED NEW SEWER & I ,' " ~ WATER EASEMENT ! ~ ' ' ~. '~ 6,997Q. FTt i ~. '''~~' ,sue ~ ! ,% ~' ~ ~ ,.' ; SB8ro8'53"E 139.00' - N88ro8'53'W 98.00' Lot 10 8.00' ! Lot 8 Nearoe'53'w ~ 2o.ao' ; , I ,Lot 9 EXISTING SEWER & WATER EASEMENT w 14216 ~ ,~l,~TF OF ~~~~. ~~r, x.~' ~ /•(~' ENGINEER/SURVEYOR 16 ®•L~d~,® Arahrteaturs ~At Ry. -- •fXvi Eng/neagtng 1 J ~ 1 •Col/ Gbu~ lrrlgallon k £nglhmg _ _ •Crophlc Gammon/rnffon ~ [ ~' •Lond ,Ainuyfig `~' ,_ ~~;' 481 E ire OP E~ a. dTBi6 1 _ ~ Phago (1r~ 83~41I11 Fmt (1(,~) &TO-4445 rrv. oan 1_ n CALCULATED POINT NEW/VACATED EASEMENT -"-'°~"®`°®"° EXiS11NG LOT LINE s2.nn 0 0 ti Title: Date: 12-06-2012 Scale: finch = 30 feet (File: Tract 1: 0.161 Acres: 6997 Sq Feet: Closure = n00.0000e 0.00 Feet: Precision>1/999999: Perimeter= 507 Feet 001=n1.5107e 74,66 OOS=s1.5107w 32.00 009=n1,5107e 8.00 002=s88.0853e 32.00 006~88.0853w 53.00 010=n88.0853w 98.00 003=s1.5107w 42.66 007=s1.5107w 8.00 004=s88.0853e 139.00 008=n88.0853w 20.00