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Sanitary Sewer and Water Main Easement with Meridian School District for Hunter Elementary ADA CDUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BDISE IDAHO 11/18104 09:38 AM DEPUTY Vicki Allen 1111111111111111111111111111111111111 RECORDED-REQUEST OF 104146440 Meridian CilV SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made ~ day ot\}~~'îo&.betwcen ~~~~ 'n~~~~es of the first )art, and hereimtfter caI1ed the Gmntors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WTINESSE1H: WHEREAS, the Gmntors desire to provide a sanitary sewc:rand walermaID right-of-way across the premises and property hereiøafter particularly bounded and descnDed; and WHEREAS, the sanitary sewer and water maID is to be provided fortbrough an W1derground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pîpelîne ftom time to time by the Grantee; NOW, THEREFORE, in considera1ion of the benefits to bereceîved by the Grantors. and other good and valuable consideration, the Gmntors do hereby give, grant and convey unto the Gnmtce the rigbt- of-way for an easement for the constructîon, opeI3tîon, maintenance, repair, replacement of sanitary sewer and water mains over and across the following descnòed property: (SEE ATIACHED EXHIBIT A and B) The easement hereby granted is for the purpose of constmction and operation of sanitary sewer and water mains and theîrallied facilities, togetberwith theîrmaintenance. additional connection thereto. repair and rep1aƓment at the conveoieoce of the GmoIee, with the fu:e right of access to such fàcilîtîes at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-wayunto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED. by and between the parties hereto, ~ after constnwtîon, making repairs, performing othermaintenanceormaking subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent propcrtyto that existent prior to undertaking such construction, repaÎIS and wmñnren:mce.. However. Grantee shall not be responsible for repairing, repJacmg or restoring anything placed within the area descnòed in this easement that was placed there in violation of this easement THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any pennanen1 structures, trees, brush, or pcrermial 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 Gmnteethat should any part oftl1e right-of- way and easement hereby granted shall become part ~ or 1íe within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such Water Main Easement Pagel W1'R. -swr.scbool dis1rict EASMT p~ 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 1awfu11y seized and possessed of the aforementioned and descnòed tract of land, and that 'they have a good and lawful right to convey said easement, and that they will wanant 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: ,J;/J ~ STATE OF IDAHO ) ) ss County of Ada ) Residing at ~~ ,~ Commission Expires: 3 - '.J<. Î . 0 'l GRANTEE: C Water Main Easement Page 2 WIR-swr,school district EASMT p~&. nf 5 STATE OF IDAHO, ) : ss. County of Ada ) On this~day of Or--kber ,2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WilLIAM G, BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the Cily 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. ,"""""", /C\!. L, 811£ "'" r 3~r;~ "....',':~. -9>'. \~ ~ ... . . :: ....O'fAI(', '. ; : '<" '. * ':I : * : _.- ~ : :\ c,': \ \ PUll\..\ i ; \. <1>....... .." ~o l '. ';'¡ ....... ~.~ """}1:. ut ,~...,.. ..........., (SEAL) J PagP. ~ nf 5 ARRH'w , Land Surveying, Inc. GPS, BOUNDARY, TOPOGRAPHIC AND AL.T.A, SURVEYS CONSTRUCTION STAKING 3D SCANNING 1121 E. State Street. Suite 185 . Eagle, Idaho 83616 . office: 1.288.939.7373 . fax: 1.288.939.7321 Job No, 2004813 9-22-04 D,R.L. LEGAL DESCRIPTION FOR HUNTER ELEMENTARY Sewer & Water Easement Part of the NortheastI'. of Section 35, Township 4 North, Range 1 West ofthe Boise Meridian described as follows: OUTSIDE: A 20' wide sewer and water easement lying 20' to the right of the following described line: Commencing at the Northeast corner of Section 35, Township 4 North, Range 1 West ofthe Boise Meridian and running thence N89°28'08"W 2298,88 feet along the North line of said section; thence SOO031 '52"W 192,05 feet to the POINT OF BEGINNING; thence S76°07'07"E 4,12 feet; thence S89°28'08"E 225.95 feet; thence N38°32'36"E 33,00 feet; thence S89°28'08"E 248,13 feet; thence S61 °45'00"E 9.47 feet; thence N28°15'00"E 40.00 feet; thence S61 °45'00"E 20,00 feet; thence S28°15'00"W 40,00 feet; thence S61 °45'00"E 104.43 feet; thence S30000'00"E 127,99 feet; thence SI5°00'00"W 134.14 feet; thence S75°00'00"E 12,00 feet; thence SI5°00'00"W 20.00 feet; thence N75°00'00"W 12,00 feet; thence SI5°00'00"W 42.14 feet; thence S60000'00"W 156.18 feet; thence N76°00'00"W 164.79 feet; thence SI4°00'00"W 114.54 feet; thence S27°00'00"E 311.39 feet; thence S63°00'00"W 30.00 feet; thence N27°00'00"W 322,61 feet; thence NI4°00'00"E 144.37 feet; thence N30000'00"W201.l9 feet; thenceN60000'00"E 9,29 feet; thence NO031 '52"E 154.44 feet; thence N89°28'08"W 217.42 feet; thence N76°07'07"W 6.46 feet; thence NI3°52'53E 20,00 feet to the point of beginning, AND INSIDE: A 20' wide sewer and water easement lying 20' to the left of the following described line: Commencing at the Northeast corner of Section 35, Township 4 North, Range 1 West ofthe Boise Meridian and running thence N89°28'08"W 2298,88 feet along the North line of said section; thence SOo031 '52"W 192,05 feet; thence S76°07'07"E 4,12 feet; thence S89°28'08"E 225,95 feet; thence S79°16'52"E 22,61 feet to the POINT OF BEGINNING; thence S89°28'08"E 19,94 feet; thence No031 , 52"E 10.00 feet; thence S89°28'08"E 83.00 feet; thence So031'52"W 70.00 feet; thence S89°28'08"E 20.00 feet; thence No031' 52"E 70.00 feet; thence S89°28'08"E 118.32 feet; thence S61°45'00"E 123.27 feet; thence S30000'00"E 114,0] feet; thence SI5°00'00"W 179,72 feet; thence S60000'00"W 139,82 feet; thence N76°00'00"W 156,71 feet; thence NI4°00'00"E 10.74 feet; thence N30o00'00"W 132.74 feet; thence N60000'00"E 13,00 feet; thence N30o00'00"W 20,00 feet; thence S60000'00"W 13,00 feet; thence N30000'00"W 56.32 feet; thence No031 '52"E 146.78 feet; thence N38°32'36"E 21.32 feet to the point of be ginning, The above described easement is to contain all the property between the outside and the inside as described, pag~ USTICK ROAD N~29'1J8'" p~~