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Sundance Sanitary Sewer EasementRECORDED - REOUEST OF ADA COUNTY RECORDER � c ,�. DAVID! NAVARR J �(, IrT,}r.:E��.._ _. PUT 2002 MR 19 PM I: 34 102032102 SANITARY SEWER EASEMENT THIS INDENTURE, made this j _day of (:' c6 - , 20 0-7 between Sundance Investments Limited Partnership, the parties of the first part, and hereinafter 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 the Grantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing, or restoring any permanent structures, large trees or brush placed within the area described in this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. 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. Ryan L. erson, Vice President of The Sundance Company, an autho '?ed agent of Sundance Investments Limited Partnership STATE OF IDAHO ) ss County of Ada ) On this 13 day of r- & M --j, 20 U L, before me, the undersigned, a Notary Public in and for said State, personally appeared Ryan L. Anderson known or identified to me to be the Vice President of the Sundance Company, an authorized agent of Sundance Investments Limited Partnership, who executed the foregoing instrument on behalf of said Limited Partnership, and acknowledged to me that such Limited Partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLI DAHO Residing At My Commission Expires: NO Quadrant November 30, 2001 Consulting, Inc, EXHIBIT "A" DESCRIPTION FOR SUNDANCE INVESTMENTS LIMITED PARTNERSHIP 20.00 FOOT NIDE PUBLIC SANITARY SEWER MAIN EASEMENT A 20.00 foot wide easement for maintenance of a sanitary sewer main, being 10.00 feet each side of the following described centerline, said strip of land being across a portion of Parcel "A" and Parcel "B" as shown on Record of Survey No. 5241, Instrument Number 101001905, Ada County Records, situated in the W % of the NW %4 of Section 21, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, the centerline of said easement being more particularly described as follows: Commencing at the Northwest corner of said Section 21; thence along the north line of said Section, South 89°13'50" East 623.73 feet; thence leaving said north line South 00'46'10" West 55.00 feet to the POINT OF BEGINNING; thence along the centerline of said 20.00 foot wide easement South 47°50'08" East 145.01 feet; thence South 89'14'20" East 436.47 feet to POINT A; thence North 49°12'01" East 189.63 feet to the south Right -Of -Way line of Overland Road said point being the POINT OF TERMINUS. TOGETHER WITH: A 20.00 foot wide easement for maintenance of a sanitary sewer main, being 10.00 feet each side of the following described centerline: BEGINNING at said POINT A; thence South 00°00'00" East 127.82 feet; thence North 90°00'00" `Fest 164.46 feet to the east line of said )A' ;2 of the NW '/4 of Section 21, said point being the POINT OF TERiIIINUS. The sidelines of said easements are to be lengthened or shortened to create a continuous 20.00 foot wide strip of land. 405 S. 8th Street, Ste. 295 • Boise, ID 83702 • Phone (208) 342-0091 • Fax (208),342-0092 • Internet: quadrant®micron.net Civil Engineering • Surveying • Construction Management M W yz 7 a_ 0— V) � W z W~ iso WC) N Cl) � O Cn m O� r J W M a �--� =(faZ O LLJ Z H � COo WW0 CO> wW zL Li W U _z Z J Q r) z z Q� � (n rK W W / h C o-0 F Z E LQc� Zu OVOZl 31Od3 S" an 0 _ ,1*-lSZ M. _ is L005 ■■ Quadrant tonsulting, Inc. Li N r <0 ,rsz V) F- O z W —� Nt z ml N: O I Q �O n N LO� Zo_ LLI V) 0: (7 W Z I zd Ica 0 I Q �o`' z M CO o! i M r o� Z' I� II n ai SZ ,68'921 _ A 3.09,41AON X I i / h C o-0 F Z E LQc� Zu OVOZl 31Od3 S" an 0 _ ,1*-lSZ M. _ is L005 ■■ Quadrant tonsulting, Inc. H Z w W Q w Z Li o: N F - Z W Z Q o: Li CL 405 S. 8th Street, Ste. 295 • Boise, ID 83702 • Phone (208) 342-0091 • Fax (208) 342-0092 • Internet: quadrant@micron.net Civil Engineering • Surveying • Construction Management Li <0 V) F- O z W —� z H Z w W Q w Z Li o: N F - Z W Z Q o: Li CL 405 S. 8th Street, Ste. 295 • Boise, ID 83702 • Phone (208) 342-0091 • Fax (208) 342-0092 • Internet: quadrant@micron.net Civil Engineering • Surveying • Construction Management