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Sanitary Sewer and Water Main Easement with Bryson, Bart L. for Redfeather Subdivision ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 04/22104 11:00 AM DEPUTY Bonnie Oberbillig I RECORDED-REQUEST OF Meridian City , AMOUNT ,DO 1111111111111111111111111111111111111 104048418 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this - day of March, 2004, between BART L. BRYSON, the party of the first part; hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part; 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 wiII 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 grant unto the Grantee the right-of-way for a permanent easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (EXHIDIT "A" ATTACHED) The permanent 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 ofthe Grantee, with the ftee right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said Grantee, it's successors and assigns forever. Sanitary Sewer and Water Main Easement - 1 S,IClientsI6946\2\GPO4 CLN - SW.Bryson,doc pagel-oLL 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 ofthis easement. INDEMNIFICATION: Subject to the provisions of, and limitsofliability set for the in the Idaho Tort Claims Act, Grantee shall indenmifY, defend and hold harmless Grantor from and against all claims, actions or judgments for damages, injury or death caused by or arising out of its' use ofthe Servient Estate. THE GRANTOR hereby covenant and agree that they wiII not place or allow to be placed any permanent structures or trees within the area described for this permanent easement, which would interfere with the use of said permanent easement, for the purposes stated herein. THE GRANTOR hereby covenant and agree with the Grantee that should any part of the right-of-way and permanent easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and permanent 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 GRANTOR does 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 grant said permanent easement, and that they wiII warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. Sanitary Sewer and Water Main Easement - 2 S:\Clients\694<5\2\GPO4 CLN - SW-Bryson.doc pased-otL IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: ~~~ Sanitary Sewer and Water Main Easement - 3 S:\Clients\6946\2\GPO4 CLN. SW-Bryson,doc GRANTEE: CITY OF MERIDIAN ----..----- ..-.--- page.-9....0Ll. STATE OF IDAHO) ) ss County of Ada) On this ,,;¿~ day of ~ ,2004, before me, the undersigned, a Notary Public in and for said State, personally appeared Bart L. Bryson, known or identified to me to be the person who executed the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ",,'ii".... ~"'~~t)lTH <4 "'. ~. ......-...:.~O -.~ !'I~NO" ,~.\ : ":" \,~ ~ ¡.. .. '. ;,p ~¡::: ¡'" ~".l.::..j \~: -.tl.¡C l "" ¡ ", «Si' ,'II ", Oþ ......", 'I ~~ -"" IDAHO .""" """"""'" ~ Q 6t>- ,~~~ NO 'ARY PUBLIC OR IDAHO Residing at: Boise, Idaho Commission Expires: /0/1 'J / ~9 STATE OF IDAHO ) ) ss County of Ada) On this ).1)#1 day of Aft;} ,2004, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerdand William G. Berg, Jr., 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 fust above written. """""""'" ~,"...\CE L J' ".... ..' ..,.~- .."."" <1", "" $ r, '.."" : ""OTA,,,', ø ~ : * "J ~ :: : i -.- ~*¡ = . : ~ \ "" '-. ÞClBL~C i ",:;' .. ¡ ...<11'. "..... ~Q.I "".11 OF IP¡":..."" "..,........", .~ (SEAL) Commission Expires: o<//~()/D7 I Sanitary Sewer and Water Main Easement - 4 S:\Clients\6946\2\GPO4 CLN - SW-Brysnn,doc pag~ ..; 0< W 1-0< ,..: <Oz:;! ~\.Lo" ~!::!¡F . \üm>~ ~~:Eëiz" :~ .. wxm "\< t:~~ffi~":~ æ~ffi¡:¡I!;;~ t:I:I-E:::t."" .0 ><¡:¡Wl-~¡¡¡U r.::IE:~ï:i~"':~ \.Lw\.L'" owß¡: >-;;¡!;O<;;!; 1-....1 " <:J ~ -' ~ . "t --- 4$Þ .. tí , w "'.00: zwc ~~;~ ~~:;¡ !! ~ <') ¡¡.¡ 0 .. c1 :J ~ ,I Ii: !~ "1 ~ ~ .~ ~ ~ ~ ~ .~s--- v :¡ - v a , œ ~ ... . ~ ~ In Pase3-oLl..- ~ ~ 02-19-0' ",'8," dm"'. EXHIBIT A CITY OF ~ERIDIAN SEWER/WATER LINE EASE~ENT EXHIBIT FOR REDFEATHER SUBDIVISION LVING IN THE SW 1/4 OF THE NW 114, SECT, 4. T.3N.. R.IE.. B,"'.. AOA COUNTY. IDAHO f 0 2S SO 100 . , SCALE IN FEET I" 50' ~frn ~ lc<>,., .". ~ """'2 Om.,'.