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Sanitary Sewer Easement with Howell Murdoch Development Corporation for Cedar Springs Subdivison No. 1 through Settlers Park 9_24_02RECORDED-REQUE� '- .�� liii'�?TY Rl:Ci�RCER IVT FcE DEPu c�--- 2t�o� s is1o:,l 102123339 SANITARY SEWER EASEMENT THIS INDENTURE, made thisday of 2( a 'between Howell Murdoch Development Corporation, the parties of the first part, and ereinafter 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 right-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 WHEREAS, 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 for 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 EASMT.SWR.doc 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. GRANTOR: red' sident Secretary STATE OF IDAHO ) ss County of Ada ) On this day of , 2�ib ore me, th unde igned, Notary Public in and for said State, person y appeared �L%� and own or identified to me to be the President af4— of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WIP and year Sewer Main Easement EASMT.SWR.doc , I have N Page 2 set m� hand and affixed nl{y official seal the day on xpires: j 2ertD. E: CITY OF MERIDIAN Corrie, Mayor /,CitAttest by William G. Ber Clerk Approved By City Council On: 4Ger 24L Y Sewer Main Easement Page 3 EASMT.SWR.doc i rJ-U-B'1 EXHIBIT A Project: 11746 Date: August 5, 2002 CEDAR SPRINGS SUBDIVISION NO.1 SANITARY SEWER EASEMENT J -U -B ENGINEERS, Inc. ENGINEERS - SURVEYORS - PLANNERS Regional Office 250 South Beechwood Avenue, Suite 201 Boise, ID 83709-0944 208-376-7330 Fax: 208-323-9336 A description for the purpose of a 20.00 -foot sanitary sewer easement , being a portion of Section 36, T.4N., R.1 W., B.M., Meridian, Ada County, Idaho, and more particularly as follows: A strip of land 20.00 feet wide lying 10.00 feet on each side of the following described line, the sidelines of which to be prolonged or shortened at the respective terminating line; Commencing at an Aluminum Cap marking the Southeast corner of Section 36, T.4N., RAW., B.M., Meridian, Ada County, Idaho; thence North 20005'12" West, 2108.96 feet to a point lying on the Southerly Boundary of Cedar Springs Subdivision No.1 as shown on the official Plat filed in the office of the recorder of Ada County, Idaho, said point being the TRUE POINT OF BEGINNING; from which a Brass Cap marking the East 1/4 corner of said Section 36 bears North 48047'05" East, 1015.51 feet; thence South 38110'22" East, 95.79 feet to a point; thence South 17008'00" East, 92.16 feet to a point; thence South 00°45'21" West, 483.68 feet to a point tying on the Southerly Boundary of the Howetl-Murdoch Development Inc. property as shown on the official Record of Survey No. 4958, Instrument no. 100030102 in the office of the recorder of Ada County, Idaho said point of being the POINT OF TERMINATION, said point tying North 25°46'41" West, 1481.04 feet from the Southeast corner of said Section 36, said point of termination also lying South 27027"02" West, 1438.12 feet from the East 1/4 corner of said Section 36. END OF DESCRIPTION Prepared by: J -U -B ENGINEERS, Inc. %3260 OF 11) 'CRY A. 1. GAL: the Gary A. Lee, P.E./L.S. F:\projects\11746\descriptions\11746SEWER1.doc fm