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Sewer Main Easement with Warr, Victor L. for new Haz-Tech FacilitySEWER MAIN EASEMENT THIS INDENTURE, made this �_ day of 1, , 998 between Victor L. Warr, the party of the first part, and hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantor desires to provide a sewer main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sewer main is to be provided for through and 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 Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sewer main 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 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, its 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 with the area described in this easement. THE GRANTOR does 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 easement, for the purposes stated herein. THE GRANTOR does 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. Victor L. STATE OF IDAHO ) ss County of Ada ) On thisImo''_ day of Z c . . , 19 98, before me, the undersigned , a Notary Public in and for said State, personally appeared Victor L. Warr, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 021 1 •' 1 • Residing at &.0. (I Commission Expires: EXHIBIT A PROPERTY DESCRIPTION FOR CITY OF MERIDIAN SEWER EASEMENT AT NEW HAZ-TECH FACILITY A strip of land, 20 feet in width, for the purpose of City of Meridian Sewer Easement, situated in the Southeast 1/4 of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a found Brass Cap monumenting the 1/4 Corner common to Sections 1 I and 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, thence along the easterly line of said Section 11 and the centerline of Linder Road, S00°58'55"E, a distance of 1164.54 feet to a found 5/8" Iron pin; thence leaving said easterly line and said centerline of Linder Road, S89°59'30"W, a distance of 25.00 feet to a point on the westerly right-of-way of Linder Road; thence along westerly right-of-way, S00°58'55"E, a distance of 179.32 feet, to a point; thence leaving westerly right-of-way, S89°59'21"W, a distance of 23.00 feet to a POINT, said point being the REAL POINT OF BEGINNING,- Thence EGINNING; Thence S00058'55"E, a distance of 20.00 feet, to a point; Thence S89°59'21 "W, a distance of 83.16 feet, to a point; Thence N00°58'55"W, a distance of 20.00 feet, to a point; Thence N89°59'21"E, a distance of 83.16 feet, to the point of beginning, containing 1663.24 square feet, or 0.0382 acre, more or less. Subject to any easements or rights of way of record or in use. RECORDED-REQUES ADA CQU14TY RECORDER �r J. i,^p`dt0 xIAVRRo �/ U /v ,.. , r r; FEE 1998 DE 22 PM I: 36 98123224