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Sanitary Sewer and Water Main Easement with Martin Swigert LLP for Martin Swigert Portion OCT-16-2002 10:23 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 12/12102 09:27 AM DEPUTY Bonnie Oberbillig I RECORDED-REQUEST OF . MERIDIAN CITY AMOUNT on 111111111111111111111111111111111 1111 102148790 ,~ SAN~T ARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this~day of ~ ,20~etWeen Martin Swigert Ill'. c/o Marcon. !nc.. 6236 E. Hunt Avenue. Nampa. ID 83687, the parties of the first part, and hereinafter called the Grantors; and the City of Meridian, Ada County, Idaho, the party of the second pari, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water mall 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 from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the GTantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the GraJiItee the right-of-way for an casement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) 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 free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said casement and right-oi-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 compUTable to that existent prior to undertaking such repairs and replacement. However, thc Grantee wí1J 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, trees, brush or perennial shrubs or flowers within the area described for this casement, which would interfere with the use of said easement, for C:\project~\2001\OI\IOIO7 - MarCon SUb\COIICSpondcncelOut-goinglsanilaryscWCI&Water.eas.doe Page 1 EASMT.5W.doe Received Time Oct.16. IO:14AM OCT-16-2002 10:23 P.08 , ~, the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of~way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then., to such extent, such right-of-way and easement hereby granted which lies within such 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 lawful1y seized and possessed of the aforementioned and described tract ofland, 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 c1aims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and ycar first hereinabove writtcn. GRANTOR: ~o.-L - President ~ STATE OF IDAliO ) ) ss. County of Ada) On tlus l/P day of /)d , 20ð~ before me, the undersigned, a Notary Public in. and for said State, personally appeared __ß1Q.Lne lYJa"f,"r¡ and Tor:} mar fþ') kriown or identified to me to be the President and Secretary, respectively, ofthe corporatio; that e~ecuted the within instrument, and ackriow]edged 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 in this certificate first above written: Notary Public for Idaho Residing at (!/Ju-I'LT:: My Commission Expires -;) 3 -08" Receive~ Time Oct.16. ¡0:14AM OCT-16-2002 10:24 P.09 Approved by City Council on: ~v, b,o 1-001- C:lprojccts\2001 lOll 10107 - MarCon SubICorrespondenceIOul-gomglsanituysewer&water,eas.doc Pogo 3 EASMT.SW.doc Received Time Oct.16. IO:14AM EXHIBIT "A" DESCRIPTION OF CITY OF MERIDIAN SANITARY SEWER AND WATER LINE EASEMENT MARTIN SWIGERT LLP PORTION October 15, 2002 An easement for sanitary sewer and water line facilities located in the SE y., of Section 11, Township 3 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the southeast corner of Section 11, T. 3 N., R. 1 W., B.M., thence N 0'58'56" W 1302.11 feet along the east line of said Section 11 to a point; Thence S 89'30'19" W 598.51 feet to a point on the easterly boundary of the Martin Swigert property, the REAL POINT OF BEGINNING of this description; Thence S 89'30'19" W 473.52 feet to a point; Thence S 0'58'56" E 76.00 feet to a point; Thence S 89'30'19" W 100.00 feet to a point on the west boundary of the Martin Swigert property; Thence N 0'58'55" W 116.00 feet along said west boundary to a point Thence N 89'30'19" E 15.00 feet to a point; Thence S 0'58'55" E 10.00 feet to a point; Thence N 89'30'19" E 548.52 feet to a point; Thence N 0'58'56" W 10.00 feet to a point; Thence N 89'30'19" E 10.00 feet to a point on the easterly boundary of the Martin Swigert property; Thence S 0'58'56" E 40.00 feet along said boundary to the REAL POINT OF BEGINNING of this description. IO1O7Swease2 Michael E. Marks, P.LS. EXHIBIT "B" UNPLATTED -~.- I I I I N 89'30'19.' E 10.00. I i il ~;t1~m~~i~~;:;;~~~~T~~t[!4i~~~$.W;,:::: é="2?2~ r~;}oo ... ,..................., S89'30'19"W ::' f:::::::::::::::::::::::::::::::::::::J~~ I I~ ;;; r::::::::::::::::::::~ CO,<fl Z I co 8. C::::::::::::::::::::::::::::::::] ~ I ;0" ~ I"",'-';t~~;y'-"'-'" loCI; Is 89'30'19" W IE; š I~ T-~ :,- ~~ 14 I 13 I I I ,-- I I I MARTIN ---------------------,--- - I I I SWI GERT LLP BRIGGS ENGINEERING, tIC. ~ (208)344-9700 1800 W. OVERLAND ROAD BOISE. IDAHO 83705 CITY OF MERIDIAN SANITARY SEWER AND WATER LINE EASEMENT MARTIN SWIGERT LLP PORTION LOCATED IN THE SE 1/4 OF SECTION II, T.3N., R.1W., 8.M., MERIDIAN, ADA CDUNTY, IDAHO SCALE DATE DWG.NO. NTS 10/15/02 10107 REVISION SHEET 1 OF 1 OESIGN EXHIBIT