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Sanitary Sewer Easement with Quasar Developers for Sageland Subdivision c-~):_" ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 01/19105 04:17 PM DEPUTY Bonnie Oberbillig 1111111111111111111111111111111111111 REqORDED-REQUEST OF 1"5""7252 Meridian City '" """ I SANITARY SEWER EASEMENT TIllS INDENTURE, made this 19- day of~t\t<'\ , 2~between (~). I\í:\ W\ ~ì\. \ ~~\D the parties of the first part, and hereinafter caI~ 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 after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of 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 Sewer Main Easement EASMT.SWR MAIN.doc Pa~ 5, ~~. described for this easement, which would interfere with the use of said easement, for 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 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 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. GRANTOR: <&~~ ~fIo1.,tvI.c Secretary STATE OF IDAHO) ) ss ) On this /311 dayof]Q1I1 UJl...rry , 20~ before me, the undersigned, a Notary Public in and for said State, personally appeared ~ A-c LI't Yh &l'!ð-6'f' ~<;a.rï:>.e.úLIG/J~ , known or i(¡tmtified to me to be the President and Secretary, respectivelý, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. County of Ada IN WITNESS WHEREOF, I have her and year fist above written. KIM K BARNES Notary Public State of Idabo cial seal the day ~\\\"'111 """,,~ ~"'.\~. BARN,.. ;$' ~"'.........çoS' § ..' "" '\ ! .... ~OTARI"'" ~ =* i :*æ ! : : = \ \ PUBLiC l j \, "" ...' if ~~ ~.....~~, Sewer Main Easement ~/'". ~a:~\\,~ """11111"" (SEAL) MY COMMISSION EXPIRES . u y , 10 SoftONn.n TIffi" NOTARY PUBLIC UNDEaWRJTF.RS EASMT.SWR MAIN.doc Page ~ ",5, ,. GRANTEE: CITY OF MERIDIAN STATE OF IDAHO, ) : ss. County of Ada) On this ---19- day of ~\ ~(}.),\... ~ ' 2~ before me, the undersigned, a Notary Public in and for said State, per naIIyappear TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. é'C:','~",:":'~;'>,~,,~, ;;,', ""'0' "o.$o.~<'?1' "'~ 1/"",..'" "'0,,';';"',.. :; "'.7.? .. G" " . (SEAL) !fl :l ~ü1 Ai? r °o¡, ~ - . " . = ./( 0 _0=' : 1< = i \ , (';; = \ eo..Þ U B 1..;" -' 4' $ 'I'a. ",».. ..'" 0 i ~ ..¡ /0..."°" ~,~,. ...~ '~.,.p. Of ì:9)¡"~' :'- "0""",.." Sewer Main Easement EASMT. SWR MAIN.doc Page ~ n!I C;. EXHIBIT "A" claiborn." waite consulting, Ilc engineers & surveyors 1461 S. Teare Avenue Meridian, Idaho 83642 (208) 288.2693 Fax (208)' 884.8002 AUGUST 6, 2004 PROPOSED SAGELAND SUBDIVISION SEWER EASEMENT A STRIP OF LAND BEING A PORTION OF THE SOUTHWEST Yo OF THE SOUTHWEST Yo OF SECTION 20, T. 3 N.. R. 1 E, B,M., ADA COUNTY, IDAHO, AN}) BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CORNER COMMON TO SECTIONS 19,20,29. AND 30 OF T. 3 N., R. 1 E., 8.M; THENCE S 39"34'22"E FOR A DISTANCE OF 138.4S FEEr ALONG THE LINE COMMON TO SAID SECTIONS 20 AND 29, WHICH IS ALSO THE CENTERL~ OF VICTORY ROAD; THENCE N 00025'38"E FOR A DISTANCE OF 35.00 FEET TO THI;! REAL POINT OF .EGINNING . THENCE N 24°49'OO"E FORA DISTANCE OF 145.04 FEET; tHENCE SOUTHEASTERLY ALONG A CURVE TO THE LEFT FOR AN ARC DISTANCE 0' 22.06 FEET, SAID CURVE HAVING A RADWS OF 50.00 FEEf, A CENTRAL ANGLE OF 25°17'04", AND ALONG CHORD WHICH BEARS S 41°13'20"EFORA DISTANCE OF 21.89 FEET; THENCE S 24°49'00'W FOR A DISTANCE OF 127.08 FEET; tHENCE N 89"34'Z2"W FOR A DISTANCE OF 21.96 FEET TO THE REAL pOINT OF BEGINNING. PREPARED BY: TODDR. WAITE P.L.S. },I ~ Pag6-~