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ACHD Storm Drain Easement96049726 2033000816 ADA 00. RECORDER ACRD STORM DRAINAGE j• DAVID N i"N ARR O ADA COUNTY HIGHWAY DISTRICT BOISE I D 15 , Ada County Highway District THIS INDENTURE, made this a7 v`� day ofern e�L 'fflPp*� the City of Meridian, Ada County, Idaho, the party of the first part, ana hereinafter called the grantor and the Ada County Highway District, Ada County, Idaho, the pB� seEeRd-- and hereinafter called the Grantee: RECOP.DED AT TttE RE UE OF WITNESSETH WHEREAS, the Grantor desires to provide a storm drainage right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the storm drainage seepage trench is to be provided through underground pipelines and trench to be constructed by others; and WHEREAS, it will be necessary to maintain and serve said storm drainage seepage trench from time to time by the Grantee; NOW THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a storm drainage seepage trench over and across the following property described in Exhibit "A" and Exhibit "B" respectively; The easement hereby granted is for the purpose of construction and operation of a storm drainage seepage trench 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, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee will, in making future repairs, expediently replace and restore the premises to a condition comparable to the existent prior to undertaking such repairs and replacements. However, the grantee will not be responsible for the repairing, replacing or the restoration of any permanent structure, large tree or bush placed on the area described in this easement. THE GRANTOR hereby covenants and agrees that they will not place or allow to be placed any permanent structure, fences, tree or shrubs on the area described for this easement which would interfere with the use of said described easement for the purposes stated herein. 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 convey said easement, and that they will warrant and forever defend the title and ACHD Storm Drainage Easement Page 1 2033000817 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. /0 - 02?- f b My Bond Expires Notary Public f Id�h Residing in , Idaho IN WITNESS WHEREOF, the said party of the second part has hereunto subscribed his signature the day and year hereinabove written. ON THIS /Yn day of , 19fY—, before me, the undersigned, a Notary Public in and for said State, personally appeared Glenn J. Rhodes, known to me to be the person whose name is subscribed within said instrument, and who 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 first above written. My Bond Expires M66 Public for Idaho .. y' ws. 0 Pi Residing in 1dah6., 2... i PACIFIC LAND SURVEYORS 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 FAX (208) 378-0025 PROJECT: 111074 DATE: October 12, 1994 ACED Storm Drainage Easement EXHIBIT "A" DESCRIPTION FOR STEINER DEVELOPMENT COMPANY LOCATED IN THE EAST 1/2 SECTION 3 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO A 30.00 foot wide ACHD storm drainage easement for a storm water disposal system located on Lot 13, Block 2, The Lake at Cherry Lane No. 2, as filed for record in the Office of the Ada County Recorder, Boise, Idaho in Book 54 of Plats at Pages 4882 and 4883, and more particularly described as follows: Beginning at the most Northerly lot corner common to Lots 12 and 13, said The Lake at Cherry Lane No. 2, also said lot corner being the REAL POINT OF BEGINNING; thence along the lot line common to said Lots 12 and 13 South 57°50'00" West 100.00 feet to the most Southerly lot corner common to said Lots 12 and 13; thence along the Southwesterly lot line of said Lot 13 North 32010100" West 30.00 feet to a point; thence leaving said lot line North 57050'00" East 100.00 feet to a point on the Northeasterly lot line of said Lot 13; thence along said Northeasterly lot line South 32010'00" East 30.00 feet to the point of beginning. 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