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Sanitary Sewer and Water Main Easement with SWCR, Inc. for Operation and Maintenance~ , -~ • • r~G~ ~.~~URTY RECORDER ~. t?A~"i0 ~~~,~ARRO ~- °D'~1 .. ~.~ 1~ 2~~~ ~~ - 6 ~'~ ~ ~ ~ Z g RECORDED-REgtlESl' OF (l~ti11a1Ht~l t'I! t:EE~.oE~uTY SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this 21stday of Dec. , 1999 between swcR, 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 particulazly 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 EXHIBITS 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, lazge trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sanitary Sewer and Water Main Easement Page 1 EASMT.SBcW.doc -~ • • 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. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. ,\ ~. c~ President S etary STATE OF IDAHO ) ss County of Ada ) On this 21st day of December , 1999 ,before me, the undersigned, a Notary Public in and for said State, personally appeared T~ z - Taylor and Wesley A. Worcester ,known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within u~stiument, and acknowledged to me that such corporation executed the same. IN WITNESS and year fist a I have hereunto set my hand and affixed my official seal the day NOTARY PUBLIC FOR IDAHO Residing at Boise, ID Commission Expires: 23 2001 Sanitary Sewer and Water Main Easement Page 2 EASMT.S& W.doc '~ ~ Exhibit "A" EASEMENT FOR OPERATION AND MAINTENANCE OF SEWER AND WATER An Easement for the purpose of operation and maintenance of sewer and water situated in a portion of the NE1/4 of the SE1/4 of Section 7, T.3N., R.IE., B.M., City of Meridian, Ada County, Idaho and described as follows: Commencing at a brass cap monument marking the E1/4 corner of said Section 7, thence along the North line of the said NE1/4 S89°33'47"W a distance of 359.20 feet to a point from which a brass cap monument marking the C1/4 corner of the said Section bears S89°33'47"W a distance of 2288.28 feet; thence leaving said North line 500°26'33"W a distance of 230.18 feet to a point; thence N89°33'27"W a distance of 29.06 feet to a point on the West right-of-way of North Ralstin Street; thence along said right-of-way 500°26'33"W a distance of 84.00 feet to the POINT OF BEGINNING. Thence leaving saidright-of-way N89°34'47"W a distance of 37.01 feet to a point; Thence N00°26'33"E a distance of 20.00 feet to a point; Thence N89°33'27"W a distance of 235.33 feet to a point; Thence S00°26'33"W a distance of 11.00 feet to a point; Thence N89°33'27"W a distance of 44.67 feet to a point; Thence N00°26'33"E a distance of 51.96 feet to a point; Thence S89°19'29"W a distance of 45.02 feet to a point; Thence 500°26'33"W a distance of 150.04 feet to a point; Thence S89°33'27"E a distance of 45.01 feet to a point; Thence N00°26'33"E a distance of 37.96 feet to a point; Thence S89°33'27"E a distance of 280.00 feet to a point; Thence N00°26'33"E a distance of 20.00 feet to a point; Thence S89°33'27"E a distance of 37.00 feet to a point; Thence N00°27'26"E a distance of 32.01 to the POINT OF BEGINNING; Said Easement contains 0.63 acres more or less and is subject t~o ~1 existing easements and rights-of-way of record or implied. _~~,~~ ~V C996143 swrwtresmnt. doc 12/3/99/srl ~' ~~: ~ , ® ~. :h ~, ~~`~ p