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Sewer Service Easement with Rafanelli and Nahas, A California General Partnership for Central Valley Corporate Park.. „ s ®~~fzEJCQ`RDED- ~QJEST OF r~ ~i ~ S{{''~~~ (~ ~ ~.l!.(`j `~ W '1~~. ~ i + ~s.{~~i.-'_ ~, ~\ i6~~~ ".r '^ ,CCU! G~.-~.t~ 8C15~, i`?^~?~it~ FEE QEf'i~TY ER EASEMENT~~ - ~ ~`~ -~ ~Y~~~ ~ ~ ~ l ~ S 3 i THIS INDENTURE, made this _~_th day of July 1998 between Rafanelli and Nahas, a California General Partnership, hereinafter called the Grantor, and Rafanelli and Nahas, a California General Partnership, and R. T. Nahas Company of Idaho, an Idaho Corporation, the party of the second part, and hereinafter collectively called the Grantee; WIT'NESSETH: WHEREAS, the Grantor desires to provide a sewer service easement across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sewer service 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 sewer service 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 service 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 service and its 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 within the area described in this easement. THE GRANTOR hereby convenants and agrees 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 party of the first part has hereunto subscribed his signature the day and year first herein above written. nald C. Nahas, general partner STATE OF ~-~ ) ss County of ~ ) On this ~ ~ ~ day of , 19~, before me, the undersigned , a Notary Public in and for said S e, p sonally appeared Ronald C. Nahas known or identified to me to be a general partner in Rafanelli and Nahas, a California General Partnership, and acknowledged to me that such Partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~` ~.E. ~~ Sandra J. Buderus; Comm. #1057149 O • NOTARY PUBLIC - CALIFORNIA 0 ~ coNTw-ooBTAC~uNTV ~ Coffin. Exp. ApN 28.1988 NOTARY PUBLIC FOR ~,u Residing at ~/I"''t'w~ ~ A Commission Expires: ~ / y EXHIBIT A LEGAL DESCRIPTION OF LOT 9, BLOCK 1, CENTRAL VALLEY CORPORATE PARK NO. 1 SEWER SERVICE EASEMENT A strip of land for the purpose of sewer service easement being a portion of Lot 9, Block 1, Central Valley Corporate Park No. 1 as filed for Record in Book 57 of Plats at Pages 5332 and 5333, Records of Ada County, Idaho situated in the West 1/2 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a found Brass Cap monumenting the South 1/4 Corner of said Section 18; thence North 00°27'58" East, a distance of 2370.83 feet to a found 5/8" iron pin monumenting the intersection of the centerline of East Central Drive and the easterly right-of--way of South Stratford Drive; thence along the centerline of East Central Drive, North 89°32'02" West, a distance of 552.84 feet to a found 5/8" iron pin monumenting the intersection of the centerlines of East Central Drive and South Industrial Way; thence along the centerline of South Industrial Way, North 00°27'58" East, a distance of 652.40 feet to a found 5/8" iron pin; thence leaving the centerline of South Industrial Way, South 89°32'02" East, a distance of 30.00 feet to a found 1/2" iron pin marking a point of curvature to the left on the easterly right-of--way of South Industrial Way; thence along said curve to the left and said easterly right-of--way of South Industrial Way, 21.30 feet, said curve having a delta of 07°52'20", a radius of 155.00 feet, tangents of 21.28 feet and a long chord of 21.28 feet which bears North 03°28' 16" West to a 1/2" iron pin; said pin being the REAL POINT OF BEGINNING; Thence, continuing along said curve to the left and said Easterly right-of--way, 39.09 feet, said curve having a delta of 14°26'54", a radius of 155.00 feet, tangents of 19.65 feet and a long chord of 38.98 feet which bears North 14°37'53" West to a point; Thence, leaving said curve to the left and said Easterly right-of--way North 65°54'06" East, a distance of 19.16 feet to a point; Thence, South 39°58' 17" East, a distance of 27.22 feet to a point; Thence, South 45°31'03" West, a distance of 35.22 feet to the point of beginning of this description. The above described strip of land contains 814.39 ftZ, more or less, subject to all existing easements and rights-of--way. said curve to the left