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Capital Development Water and Sewer Easement9375990 141-M �n •. ADA Coni 1'.' D. r"fir? IN WITNESS WHEREOF, the GRANTOR has cause4tfliQYAW i&be cribed thi day of .u� , 19 93 . RECORDER BY CA L EVELOP, n�&, INC. '93 SEP 15 flM 9 08 1603000895 STATE OF IDAHO ) j ss. County of Ada ) ON THIS 104:7 day of wc_ ,19 93 , before me, a notary public In and for said State, personally app red J. Ramon Yorgason known to be the President of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. 160300OS96 GRANT OF EASEMENT - FOR VALUE RECEIVED, CAPITAL DEVELOPMENT. INC. . GRANTOR hereby grants, bargains, sells, conveys, and transfers unto CITY OF MERIDIAN, a municipal corporation, GRANTEE, its successors and assigns, a permanent easement and right-of-way for the purpose of locating, establishing, constructing, maintaining, repairing and operating underground sewer and water lines and mains together with the right to excavate and refill ditches and/or trenches for the location of said sewer and water lines or mains, the right to remove bushes, trees, undergrowth and other obstructions interfering with the location, construction and maintenance of said sewer and water lines and mains and right of ingress and egress in, from, to and over said easement for the purpose of inspecting, maintaining and repairing such sewer and water mains and lines. The perpetual easement and right-of-way hereby given, granted, conveyed and transferred for maintaining, repairing and operating underground sewer and water lines and mains is described in general language as follows: An irregular parcel of land lying in the NW1/4 of the NW1/4 of Section 9, T.3N., RAE., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Commencingat the section comer common to Sections 4, 5 and 8 and the said Section 9; thence South 1°08'10" West 2649.45 feet along the Westerly boundary of the said NW1/4 of Section 9, which is also the centerline of North Eagle Road and State Highway No. 55 to a point marking the one-quarter comer common to the said Sections 8 and 9; thence North 1008'10" East 1,664.74 feet along the said Westerly boundary of the NW1A of Section 9 to a point; thence South 88°51'50" East 70.00 feet to a point on the Easterly right-of-way line of the said State Highway No. 55, also said point being the REAL POINT OF BEGINNING; continuing South 88051'50" East 523.10 feet to a point of curve; thence Southeasterly along a curve to the right 282.32 feet, said curve having a central angle of 58051'23", a radius of 274.83 feet, tangents of 155.04 feet and a long chord of 270.07 feet bearing South 59°26'08" East to a point of tangent; thence South 30000'27" East 65.46 feet to a point; thence South 59059'33" West 50.00 feet; thence North 30000'27" West 12.28 feet to a point of curve; thence Northwesterly along a curve to the left 263.97 feet, said curve having a central angle of 58051'23", a radius of 256.97 feet bearing North 59°26'08" West to a point of tangent; thence North 88051'50" West 523.10 feet to a point on the said Easterly right-of-way line of State Highway No. 55; thence North 1008'10" East 80.00 feet along the said Easterly right-of- way line of State Highway No. 55 to the point of beginning, comprising 1.44 acres (62812 square feet), more or less. TO HAVE AND TO HOLD the said perpetual easement, rights, and rights-of-way to City of Meridian, its successors and assigns forever, except the GRANTOR reserve(s) the right to occupy, use and cultivate the surface of said easement for all purposes not inconsistent with the rights herein granted. Further, the GRANTEE agrees and covenants with the GRANTOR to restore the subsurface and surface of the easements and rights-of-way herein granted and conveyed, to a like condition existing prior to the grant of this easement and right-of-way and to indemnify and save and hold harmless GRANTOR from any and all losses, claims, actions or judgments for damages or injuries to persons or property arising out of or from, or caused by, the construction, operation, maintenance and use of the aforesaid easements and rights-of-way.