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Sanitary Sewer and Water Main Easement with Glasgow, Lloyd and Crestline Development for Lynnwood Plaza . - ADA CDUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO OB/05l04 11:31 AM DEPUTY Bonnie Oberbillig ~~~i~~~Eg~REQUEST OF 1111111111111111111111111111111111111 AMOUNT .00 112141121121377 SANITARY SEWER AND WATER MAIN EASEMENT . ~I:-~\M- ~ . TillS INDENTURE, made this ~ day of ~f, 2otJ.1 between \ c.; , the parties of the first part, and hereinafter call~ Gr~, and the City of Meridian, Ada , 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 s\mÌtary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it willbe 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,8) 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 EASMT.swdoc page.L..øU9..- . - 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 ofland, 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. GRANT~ ~ p~ Secretary STATE OF IDAHO) ) ss County of Ada ) On this "1) day of ~~ 2cçt:; ~efor me, the undersigned, a Notary Public in and for said State, perso ly appeared ~ 0 L-<J and known or identifie to me to be 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 and year fist above written. Sanitary Sewer and Water Main Easement EASMT.Swdoc ~ GRANTEE: CITY OF MERIDIAN ) STATE OF IDAHO, ) : ss. County of Ada On this # day of .J\A.(ý ,~, before me, the undersigned, a Notary Public in and for said State, personally appea.tW~d WILLIAM G. BERG, JR., known to me to be the Mayor and citYö'èr¡¿í~p'êCtivè1Y;õh'fïê"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. (SEAL) """""'" ~.~"~\c.B L. of .",~. ~~ .t~..... 4,.;. '" ~...~ -. '. ~ ~ l I "OTA.q>¡ "'~? \. ~ * -.- i " ~ \ \ J>lTBL\~' i ~<P.>." " ".. "1 ;"""" ~o ,¡ .." :¡¡ OF H>Þ-;~ .,.............., .~ PUBLIC FOR IDAHO si . g at: ;¡eylll'.~, hl>l1 úllwh 0 'ssion Expires: fJ</ 1:JAlo 7 , , p~LlL Engineering NOla'! West, LLC . 423 N. Ancestor Place, Suite 180 Boise, Idaho 83704 (208) 376-5000 . Fax (208) 376-5556 Project No. 02-061-01 Date: July 25, 2003 LYNWOODPLAZA SEWER AND WATER EASEMENT DESCRIPTION (REVISED) An easement located in the SE 1/4 of the SW 1/4 of Section 2, T. 3 N., R 1 W., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section comer common to Sections 2, 3, 10 and 11 of said T. 3 N., RIW.; Thence South 88°38'31" East, 1326.75 feet on the section line comníon to said Sections 2 and 11 to the southwest comer of the SE 1/4 of the SW 1/4 of said Section 2; Thence leaving said section line, North 00°17'24" East, 45.01 feet on the westerly boundary line of the SE 1/4 of the SW 1/4 of said Section 2 to a point on the southerly right-of-way line of West Cherry Lane; Thence South 88°38'31" East, )54.04 feet on said right-of-way line to the REAL POINT OF BEGINNING; Thence leaving said right-of-way line, North 01 °21 '29" East, 6.34 feet; Thence North 43°38'31" West, 39.22 feet; Thence North 01 °21 '29" East, 74.48 feet; Thence North 88°38'31" West, 5.00 feet; Thence North 01 °21 '29" East, 26.70 feet; Thence North 88°38'31" West, 37.73 feet; Thence North 01 °21 '29" East, 20.00 feet; Thence South 88°38'30" East, 23.31 feet; Thence North 01 °21 '29" East, 22.85 feet; Thence South 88°38'31" East, 20.00 feet; Thence South 01 °21 '29" West, 22.85 feet; Thence South 88°38'31" East, 5.59 feet; P~Lli.. Lynwood Plaza Sewer and Water Basemenedo, Page 1 of2 Thence North 46°21 '29" East, 36.20 feet; Thence South 88°38'31" East, 97.62 feet; Thence North 01 °21 '29" East, 84.57 feet; Thence North 46°53' 11" East, 56.0 I feet; Thence South 89°42 '36" East, 29.11 feet; Thence South 46°53'11" West, 68.77 feet; Thence South 01 °21 '29" West, 70.18 feet; Thence South 88°38 '31" East, 10.00 feet; Thence South 01 °21 '29" West, 21.24 feet; Thence South 88°38'31" East, 14.99 feet; Thence South 01 °21 '29" West, 30.36 feet; Thence North 88°38'31" West, 154.38 feet; Thence South 01 °21 '29" West, 92.89 feet; Thence South 43°38'31" East, 39.22 feet; Thence.South 00°21'30" West, 14.63 feet; Thence North 88°38'32" West, 20.00 feet to the real point of beginning; PREPARED BY: Engineering NorthWest, LLC James R. 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