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Sanitary Sewer and Water Main Easement with Wild Shamrock Properties, Inc. for City of MeridianSANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this ~7t y day of _~ ,~ ~ 1996, between Wild Shamrock Properties, Inc., 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 "EXHIBIT 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 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, large trees or brush within the area 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 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. SANITARY SEWER AND WATER 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. Wild Shamrock Properties, Inc. ~f Rick E. Thomas President STATE OF IDAHO ) ss County of Ada ) On this l 7'~-~l, day of ~Q.1'LI t_l~ lr'C.1 , 1996, before me, the undersigned, a Notary Public in and for said State, pers lly appeared Rick E. Thomas, known or identified to me to be the President 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. ,~~pnnugq ~L n •• ~ •.•'•°'°••.ef~,'•,~ otary Public f r Idaho :` ~.,~ •~pTAR~,'•e. °°p Residing at • Commission Expires: ~ .~.r O ~ O ~- • w ~i s ,. ~ ` i ~ ~. •~'•~ ~ E ,O F'',9 •'• SANITARY SEWER AND WATER EASEMENT, Page 2 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 Fax (208) 378-0025 PROJECT: 527326 DATE: January 16, 1996 A PERMANENT. WATER AND SEWER EASEMENT IN FAVOR OF THE CITY OF MERIDIAN, IDAHO LYING IN THE NORTHWEST QUARTER OF SECTION 18 T.3N., R.IE., B.M. MERIDIAN, ADA COUNTY, IDAHO A permanent utility easement lying in the Northwest Quarter of Section 18, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at the Northwest Corner of the Northwest Quarter of Section 18, Township 3 North, Range 1 East, Boise Meridian; thence along the Westerly boundary of the said Northwest Quarter of Section 18, said Westerly boundary also being the centerline of Meridian road, South 00°49'05" West.1330.58 feet to an iron pin marking the Northwest corner. of the Southwest Quarter of the Northwest Quarter of said Section 18; thence leaving said Westerly boundary and centerline and along the Northerly boundary of the said Southwest Quarter of the Northwest Quarter of Section 18, North 89°19'50" East 25.00 feet to a point on the Easterly right-of--way of said Meridian road, said point also being the REAL POINT OF BEGINNING; thence leaving said right-of--way and continuing along said Northerly boundary, North 89°19'50" East 297.66 feet to a point; thence leaving said Northerly boundary, South 00°27'43" West 410.09 feet to a point; Road; thence North 89°05'55" West 300,09 feet to a point on the said Easterly right-of--way of Meridian thence along said right~f--way, North 00°48'55" East 20.00 feet to a point; thence leaving said right-of--way, South 89°05'55" East 269.96 feet to a point; thence North 00°27'43" East 344.26 feet to a point; road; thence South 89°19'50" West 267.93 feet to a point on the said Easterly right-of--way of Meridian thence along said right-of--way, North 00°48'55" East 45.01 feet to the point of beginning. Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation SUBJECT TO: All existing easements and road rights-of--way of record or appearing on the above-described parcel. of land. Prepared by: Pacific Land Surveyors Q-~- ~ G~ E ~ ~ a 972 ~ ~ rF a F ~oPa oHN T. E~ John T. (Tom) Eddy, P.L.S. ,•, ~.1n/. CoRNER _ ~'N.W, '/~ SEQ. IS ~~dcuKL~~ Rc~ . .3 b ,~ Z ~ a o - ~ M 1 ro a a~ ~ ~5~ .m -~ .~ w ~? _ _ ___ ~.~°MS' gs"'E. HS.o I ~6OD66~.6 F1 ~ ;~~ t: s,~sr~;~EfZ . ~ ~,,., . " ;';~ ~j P,R 0 . ~. . , ~GISE {J, f v '9~ Jf~~ 25 P~1 ~ ? ~® - FEE ~ ~{ - n~. 89° i 9' So ~• 297. ~~ 2~?. 93 s. 89 ° 19 ' so" w . :ti. ~, w~ 3 ~ m mM r • n V N • e p 20 . a© ,