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Sanitary Sewer and Water Main Easement with Franklin & Ten Mile, LLC for Parcel 1 Franklin-Ten Mile to Linder ProjectADA COUNTY RECORDER Christopher D. Rich AMOUNT .DO ; BOISE IDAHO 04/24/13 01:45 PM DEPUTY Bonnie Oberbillig III I'IIIIIIIIIIIIIIIIIIIIIIIIIIII IIII RECORDED-REQUEST OF Merdian City 11:~~~#~c:~7 SANITARY SEWER AND WATER MAIN EASEMENT PARCEL 1-FRANKLIN & TEN MILE LLC i 1 r THIS INDENTURE, made this ~ day of ~` 7 ; 2013 between FRANKLIN & TEN MILE, LLC., the parties 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 replacemen± at tl:e c:,nver~er~ce of the GRAN T EIS, 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 Page 1 of 3 Parcel 1-Franklin & Ten Mile, LLC 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. On this ~}~ day of f ~ , 2013, before me, the undersigned, a Notary Public in and for said State, ersonally appeared Burke P. Jones, identified to me to be a member of the Limited Liability Compa.~y that executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. e~""~ ER1K KOLLER ,~ ~ ~oc~ry ~,a~c - sm~ anr~ i cou~mr F ~ '° f -~ • ~~ rwana, a, sore ,~a__~ .~ .,. Sanitary Sewer and Water Main Easement Parcel 1-Franklin & Ten Mile, LLC ~~ N TARY PUBLIC FOR ARIZONA Residing at:$~~ ~ ~,U.v~~/~ Pte/ ~~~ fy S~~ /~~ Commission Expires:~I,.. ,~' _ ,.~ ~~~' Page 2 of 3 b's.?j3 ss County of MARICOPA) GRANTEE: CITY OF MERIDIAN Tammy de W~r~; Mayor ~.~~~PT~'~-o^~UC~s.a .~d`` ,_,~- ~~ . L 9G ~ (.lty Of ' ~E IIR, IAN" Attest Jaycee L. Holman, City Clerk ~ ~~p~o ~. ti SEAL Approved By City Council R ~~~$~~~~° i3 STATE OF IDAHO ) ss County of Ada ) On this ~ 0~3 ' day of r `t , 2013, 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, 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. ~,. '`: .~~w, (SEAL)S; ;' . . . . ~ 6 ~' {}, ~ +~'-5''~,1~! .-off • •• ~' oF -iv~~;. •-...... TARY PU~LI~€ siding at: Commission Expires: Sanitary Sewer and Water Main Easement Page 3 of 3 Parcel 1-Franklin & Ten Mile, LLC EXHIBIT A UTILITY EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO PARCEL 1-FRANKLIN & TEN MILE, LLC An easement for utility purposes located in the SW '/a of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the southwesterly corner of said SW '/4 from which a 5/8 inch diameter iron pin marking the southeasterly corner of said SW '/4 bears S 89°09'35" E a distance of 2658.24 feet; Thence S 89°09'35" E along the southerly boundary of said SW'/4 a distance of 687.92 feet to a point; Thence leaving said southerly boundary N 0°50'25" E a distance of 30.00 feet to the POINT OF BEGINNING; Thence continuing N 0°50'25" E a distance of 48.00 feet to a point; Thence S 89°09'35" E a distance of 44.00 feet to a point; Thence S 0°50'25" W a distance of 48.00 feet to a point; Thence N 89°09'35" W a distance of 44.00 feet to the POINT OF BEGINNING. This- parcel contains 2,112 square feet (0.048 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated February 25, 2013 ~ ®~~ ~ ~ ~ ~ ~ ~' ~~ ~a1;1 ~ ~,~~/2s~~s ~ ~`~ K e ~E~ EXHIBIT B SKETCH TO ACCOMPANY EASEMENT DESCRIPTION LOCATED IN THE SW 1 /4 OF SECTION 1 1, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO. SCALE: 1 "=20' I S1211336065 ~ 2654 ~ FRANKLIN & TEN MILE, LLC I O f I i S 89'09'35" E I 44.00' i w~ •~ I~ i N. O O lA ° °'" I o~~ ~~° i ~~ Z~ ~~ I POINT OF ~ BEGINNING ~ 44.00' N 89'09'35" W w~ ~~ NIO O ~ ~I O O ~ Zi FRANKLIN ROAD 1011 s87.s2' 15 ~ 14 1970.32' 1 /4 S 89'09'35" E 2658.24' •