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Sanitary Sewer and Water Main Easement with Stutzman D'Arlene for Stutzman Property ADA COUNTY RECORDER J. DAVID NAVARRO BOISE. IDAHO /998JL 30 I. W AMENT THIS INDENTURE, made this 28'iay ofJ;/7 ,~ etweenlJ:Jrltn-t J-hJjhUIt , the parties of the first part, and hereinafter called the Grantors, anq 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 and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines trom 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 "EXHJBIT A") 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 tree right of access to such facilities at any and all times. TO HA VB AND TO HOW, 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, additions or deletions will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs, additions or deletions. 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 ofland,and that tbey have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereofagainst 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 hereinabove written. Ñ~'3~- ¡ .. ., l.. Secretary STATE OF IDAHO) ) ss County of Ada ) On this 2.8'Q. day of J,:..,~ ' 19f&, before me,. the undersigned, a Notary Public in and for said State, personalty appeared O'ArlllllL $/J"hH\()!v , tmd- . known or identified to me to b;the PreßÍeletlt aae!- (){.¡/JI'r ieGr8ta¡:y, reB leeti'¡o~ gf tile Q9iT1gratiSR that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. þlw.J ~ NOTARY PUBLIC FOR IDAHO Residing at I'J1e1Å.J. , ..;... T &útÁO Commission Expires: (0-1-1- 91 SANITARY SEWER AND WATER EASEMENT, Page 2 Exhibit A PARCEL DESCRIPTION FOR A SANITARY SEWER and DOMESTIC WATER EASEMENT OVER THE STUTZMAN PROPERTY MERIDIAN, IDAHO A parcel ofland being a portion of the West 1/2 of the NE 1/4 of Section 7, T.3N., RIB., B.M., Meridian, Ada County, Idaho; said parcel being more particularly described as follows: Commencing at a found brass cap marking the center 1/4 corner of said Section 7 as shown on the official plat of Catherine Park Subdivision in Book 53 of Plats at Page 4707 in the official records of Ada County, Idaho; thence North 375.88 feet along the North/South midsection line of Said Section 7 to a point on the northerly right of way line of East State Avenue, said point being the southwesterly corner of Cathy Lane as shown on said plat of Catherine Park Subdivision, said point also being the TRUE POINT OF BEGINNING; thence continuing along said North/South midsection line and the westerly line of said Cathy Lane North, 586.89 feet to a point on the Northerly right of way line of East Washington Avenue; thence along the northerly boundary of said Right of Way North 89(05'24" East, 25.00 feet to a point intersecting the easterly line of said Cathy Lane extended; thence along said easterly line of Cathy Lane extended and the easterly line of said Cathy Lane South 582.50 feet to a point of non-tangent curvature on the northerly right of way line of said East State Avenue, said line also being the southerly line of said Cathy Lane; thence along said right of way line and southerly line of said Cathy Lane on a curve to the left 25.80 feet, said curve having a radius of 45.00 feet, an interior angle of 32(5 1'12", tangents of 13.27 feet, a long chord of 25.45 feet bearing South 79(09'37" West to the TRUE POINT OF BEGINNING; Said parcel contains 14,584 square feet, more or less. 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