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Sanitary Sewer Easement with Meridian Joint School District No. 2 for Parkside Creek Q6070705 SANITARY SEWER EASFMT,N'I' VI ~~ r ''~ THIS INDENTURE, made this 2~ day of A»g- , 19 96 between Meridian oin`i; `S`chool District No. the parties of the first part, and hereinafter called the Grantors, -and the City of Meridian, Ada County, 2 Idaho, the party of the second part, and hereinafter called the Grantee; ~ ~6 ~~ ~i 2 3 P ('~ 1 ~0 WITNES SETH: ~ ~ ~ ~- ~~ ~ .7> REG`~ . ,. ._ E~S7 0~ WHEREAS, the Grantors desire to provide a sanitary sewer right-of--way across the premises and property hereinafter particulazly 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") 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, lazge 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, lazge trees or brush within the azea described for this easement, which would interfere with the use of said esement, for the purposes stated herein. THE GRANTORS do hereby covenant with the Grantee that they aze 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. SANTTARY SEWER EASEMENT, Page 1 IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first hereinabove written. Secretary STATE OF IDAHO ) ss County of Ada ) On this - ~~ day of R~ y ~ s -F- , 19~( ,before me, the undersigned, a Notary Public in and for said State, personally appeared ~, ;..~ C ~,~ 1~.~,r v ~ and known or identified to me to be the President and Secretary, respectively, of the corporation 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. ,,,, , ,,~ ~ ~: d r r-t.. i..~'~ + ~, _~: -~ y _ ! ~ ~, i=; , ~ E, ..~: =. ri, v~ ~ .... ` '.; ~- NOTARY PUBLIC FOR AHO Residing at ~~~ s ~ , S d Commission Expires: 4 /~ y / ~ ~ SANITARY SE1~'ER EASEMENT, Page 2 ,~ ,~ ,EXEiIBIT A ~\,\~ ENGIH~~~~ NUBBLE ENGINEERING, INC. ~ ~ 9550 Bethel Court ^ Boise, Idaho 83709 2081322-8992 ^ Fax 208/378-0329 ~~O SURVEyOQ PROJECT NO. 96124 JULY 23, 1996 DESCRIPTION FOR 20.00 FOOT WIDE SANITARY SEWER EASEMENT MERIDIAN ELEMENTARY SCHOOL -ONE MERIDIAN JOINT SCHOOL DISTRICT N0.2 A 20.00-FOOT WIDE SANITARY SEWER LINE EASEMENT LOCATED IN LOT 33, BLOCK 3, ROD'S PARKSIDE CREEK SUBDIVISION NO. 4 AS FILED IN BOOK 65 OF PLATS AT PAGES 6715 THROUGH 6717, RECORDS OF ADA COUNTY, IDAHO AND THE SE1/4 OF THE NE1/4 OF SECTION 10, T.3N., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP MONUMENT MARKING THE N1/16 CORNER COMMON TO SAID SECTION 10 AND SECTION 11, T.3N., R.1W., B.M. FROM WHICH THE NORTHEAST CORNER OF SAID SECTION 10 BEARS NORTH 00°00'05" EAST, 1328.44 FEET; THENCE ALONG THE SOUTHERLY BOUNDARY LINE OF SAID ROD'S PARKSIDE CREEK SUBDIVISION NO. 4 NORTH 89°38'33" WEST, 990.70 FEET TO THE REAL POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE SOUTH 00°14'02" EAST, 116.43 FEET; THENCE SOUTH 45°22'53" EAST, 244.65 FEET; THENCE SOUTH 44°37'07" WEST, 20.00 FEET; THENCE NORTH 45°22'53" WEST, 252.97 FEET; THENCE NORTH 00°14'02" WEST, 302.01 FEET; THENCE NORTH 17°38'41" EAST, 225.37 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT- OF-WAY LINE OF WEST PARK CREEK DRIVE; THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 61°02'30" EAST, 20.40 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE SOUTH 17°38'41" WEST, 218.22 FEET; THENCE SOUTH 00°14'02" EAST, 174.12 FEET TO THE REAL POINT OF BEGINNING, CONTAINING 15, 340 SQUARE FEET, MORE OR LESS. PREPARED BY: HUMBLE ENSil~G, ANC. GGC/bh/1381.des ~Q T S 729 ~ ~Iz2~~~ ~rE o~ ~v'~~~ Q.C+P' GREGORY G. CARTER, P.L.S.