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Sanitary Sewer and Water Main Easement with HazTech Holding, Inc. for HazTech Holding Portion ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 12/12102 09:27 AM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF MERIDIAN CITY AMOUNT .00 1111111111111111111111111111111111111 HJ2148793 ~- SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this í day of IÆL , 20/).t., between Haz-TechHoldingmc.,l Wildwood, Garden Vallev, ill 83622 , 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 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 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 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 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, trees, brush or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for C:\DOCUME-l \carma \LOCALS-l IT emplsanitarysewer&waterHazTech.eas .doc Page 1 EASMT,SW.doc 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 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 hereinabove written. GRANTOR: Jt~ ~ /VI. ~ ............... ,""~~~~N "- ':~r ~ !~'YI ~.....y ..~\ : . 0, i : ¡~,. ~ 0; i ~ U-," :t::i '\.. P .a'Y1 ,-.... v,:': ""':'7' A Tt!. o~...., ",...,."" Secretary STATE OF IDAHO) ) ss. County of Ada) On this ~ day of ~. , 20og{before me, the undersigned, a Notary P\lblic in (!d for said State, personally appeared Æ'.~ . (J~ and, EbuAU )q,. .ff1.Nl ,known or identified to me to be e President and Secretary, respecttvely, ofthe corporation that executed the within instrtunent, 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 in this certificate first above written. ~~, . Not~P fo Id~o /J J/ Resldm ~ My Commission Expires ~ -;(Ðo7 C: \DOCUME-l Icanna\LOCALS-l ITemplsanitarysewer&waterHazTech.eas.doc Page 2 EASMT.SW.doc GRANTEE: CITY OF MERIDIAN Approved by City Council on: N f)v~b,... ~ 1-00'2- C: \DOCUME-l \canna \LOCALS-l \Templsanitarysewer&waterHazTech.eas.doc Page 3 EASMT.SW,doc EXHIBIT "An DESCRIPTION OF CITY OF MERIDIAN SANITARY SEWER AND WATER LINE EASEMENT HAZ-TECH HOLDING INC PORTION October 15, 2002 An easement for sanitary sewer and water line facilities located in the SE Yo 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 48.00 feet to a point on the westerly right of way of Linder Road, the REAL POINT OF BEGINNING of this description; Thence S 89°30'19" W 550.51 feet to a point on the west boundary of the Haz-Tech property; Thence N 0°58'56" W 40.00 feet along said west boundary to a point; Thence N 89°30'19" E 5.00 feet to a point; Thence S 0°58'56" E 10.00 feet to a point; Thence N 89°30'19" E 223.00 feet to a point; Thence N 0°58'56" W 10.00 feet to a point; Thence N 89°30'19" E 16.00 feet to a point; Thence S 0°58'56" E 10.00 feet to a point; Thence N 89°30'19" E 304.51 feet to a point on the westerly right of way of Linder Road; Thence S 0°58'56" E 30.00 feet along said right of way to the REAL POINT OF BEGINNING of this description. Michael E. Marks, P.L.S. IO1O7SWeasel EXHIBIT "B" UNPLATTED --- fill IUl.I. ------------~-----------------~ I I I I HAZ-TECHI HOLDING INC. I i I IN 89'30'19"E 1800' I i IN 89'30'19"E 500' '" k. Is 00'29'41" E 3000' / S 00'58'56" 'E 10 00' N 00'58 56 W 10.00 S 00'58'56' E 10.00' , , ,,' , 1/ N 8~30'19" E 223.00""""".. / N 89'30'19" E 304.51' ~/ S 93019 W 48.00 - ----------------~ -------------~-~~~~-~-~~-~. """"""""""""""".""""""""~R'#o'A'~r'"(,",",."Xr::"""""""""""""""" I ":':':':':':':':':':2:':':':':':::::':':':~:~:::::::::.:':.:':':':~:'~':':':':' ':,viA ' )o:.ioç'!!I'~rGr~:::::::::::::::::3::;;>:::::::::::: . ~ PROPER1Y UNE S 89'30'19" W 550.51' PROPER1Y UNE . N r . I N 00'58'56" W 40.00' I !~ z t I I I~ ~ I I i~' ;0 I I .~ ;0 I I I~ 0 I I .~ ~ r~-------~---------------~t: BRIGGS ENGINEERING. INC. ~ (208)344-9700 IBOO W. OVERLAND ROAD BOISE, IDAHO 83705 REVISION SHEET 1 OF 1 EXHIBIT