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Sanitary Sewer and Water Main Easement with Goldsmith, Marty for Thousand SpringsSANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this 23rd day of April , 1999 between Marty Goldsmith, 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 sanitary sewer and water main right-of--way across the remises and property hereinafter particularly bounded and described; and WHERE S, the sanitary sewer and water is to be provided for through underground pipelines to be c structed 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 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 sanitary sewer and water mains over and across the following described property: (SEE ATTACHED "EXHIBITS A AND B") 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 place within the area describe 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 whomsoev~ ~ ~11JES ,FDA CQUNTY RECORDER ~~7i'~ ,~ tJ~vtt3 r~AVARI~o ' FED ~ pEpUTY 981204\Gold-Ease ~,,,ac_' i~?t9.¢lil ~~~~~ ~3 P~ ~=2t ~~°~ 99048437 t IN WITNESS WHEREOF, the said party of the first part has hereunto subscribed his signature the day and year first hereinabove written. c- Marty ldsmith, an individual STATE OF IDAHO ) ss County of Ada ) On this 7-~day of , 1999, before me the undersigned, a Notary Public in and for said State, personally appeared Marty Goldsmith ,known or identified to me to be the person who executed this 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. ~~,~~O~uwp~i,N ~ ,~,.~1~,0 KI1yiV~ ~. ~' ~pTAR 1, •S ~~= NOTARY PUBLIC FOR AHO * s ~O~ _*: ;• p U g ~1G ~: •~ Residing at T ~Q -~J'~; •. .• O .• Commission Expires: / / - /0 - ~~I 981204\Gold-Ease EXHIBIT "A" DESCRIPTION FOR OFFSITE UTILITY EASEMENTS THOUSAND SPRINGS SUBDIVISION N0.3 April 22, 1999 Three utility easements, located in the SE'/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, more particularly described as follows: EASEMENT 1 (Proposed Tagish Way) An easement covering a strip of land 30 feet in width, being 10 feet left of and 20 feet right of the following described line: Commencing at the southeast corner of the SW'/4 of the SE'/4 of Section 20, T.3N., R.1 E., B.M., thence N 89°36'38" W 1030.82 feet along the south line of the SW'/4 of the SE '/4 to a point; thence N 00°23'22" E 657.39 feet to a point on the northwesterly boundary of proposed Thousand Springs Subdivision No. 3, the BEGINNING POINT of this description; Thence N 41°00'00" W 112.00 feet to the ENDING POINT of this description. Said easement contains 3,360 S.F., more or less. EASEMENT 2 (Proposed Slate Creek Way) An easement covering a strip of land 35 feet in width, being 10 feet left of and 25 feet right of the following described line: Commencing at the northeast corner of the SW'/4 of the SE %4 of Section 20, T.3N., R.1 E., B.M., thence N 71°00'00" W 122.41 feet to a point; thence N 12°15'04" E 8.35 feet to a point; thence N 76°41'07" W 34.28 feet to a point on the northerly boundary of proposed Thousand Springs Subdivision No. 3, the BEGINNING POINT of this description; Thence N 19°00'00" E 329.07 feet to a point; Thence N 04°00'00" E 152.65 feet to the ENDING POINT of this description. Said easement contains 16,903 S.F., more or less. 9 81204\tsp3 . seweas l . des. do c EASEMENT 3 (Proposed Burgdorf Way) An easement covering a strip of land 35 feet in width, being 10 feet left of and 25 feet right of the following described line: Commencing at the northeast corner of the SW'/4 of the SE'/4 of Section 20, T.3N., R.1E., B.M., thence N 71°00'00" W 122.41 feet to a point; thence N 12°15'04" E 8.35 feet to a point; thence N 76°41'07" W 50.00 feet to a point; thence N 78°30'00" W 153.23 feet to a point; thence S 62°09'09" W 61.50 feet to a point; thence S 60°00'00" W 119.31 feet to a point; thence N 31°20'20" W 10.52 feet to a point; thence S 57°57'07" W 30.61 feet to a point on the northerly boundary of proposed Thousand Springs Subdivision No. 3, the BEGINNING POINT of this description; Thence N 23°49'25" W 5.85 feet to a point; Thence N 35°00'00" W 131.71 feet to a point; Thence N 55°00'00" E 174.55 feet to a point; Thence N 32°23'56" E 201.21 feet to a point; Thence N 13°11'21" E 168.00 feet to the ENDING POINT of this description. Said easement contains 23,528 S.F., more or less. D~.L t•AK~ Michael E. Marks, P.L.S. No. 4998 ~`Q~c~TB '~ F ~'~4'4S B•~~ 981204\tsp3. seweas 1. des. doc I t ~o`~ /EXHI " ~~ ~ ~~ ~ ~ ~ ~ ~~ ~ / \~ ~~ ~ / / / n~ / / ~ N ~ \ Iv ~ ~ ~'~~ i ~,~ N ~ ~~ N ~___~_N_00° 23' 22" E 657.39' ~ ~ / m ~ / ~ ~nZ N / / '~ Doti ~ i ~ ~~o / ~, ~ z 0 ,~~ ~ ~ ~ ~ om~ ~ C D CO z ~~ I ~ ~ N ~ s z~ J \ 0 ~~ ~ s ~~~~\ ~~ s z ~ _ ~ \ c~ ~~ SIT B ~ ~~i N (J1 ~ ~ N ~ Z Z ol c ~ ~ ~ ~ I o ~ ~ 1-- /~ ~ 'O i s ~- - ~ ~ _ ~ ~ ~ ~ ~ - ~ ~/ ~ z N -P ~_ ~ ~ ~ OO I / ° ~" o ~ ~ \ y ~ c~ o C l~\ ~ ~ \ ~ ~ /~ ~~ ~Z z= ~~ l~~ z ~ z~ A N C D ~ Z fV ~ ~ 0~ o `~ z •'~ (~ G N ti ~ B. = m UTILITY EASEMENT BRIGGS ENGINEERING, INC. m m Z THOUSAND SPRINGS SUBDIVISION N0. 3 NEE Q ~ B R I G G S o LOCATED IN THE SE 1/4 SECTION 20, T.3N., R.1 E., B.M., ~ o N MERIDIAN, ADA COUNTY, IDAHO (208)344-9700 ~ DESIGN DRAFT SCALE DATE DWG.NO. 1800 W. 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OVERLAND ROAD BKB 1 " = 100' 04/14/99 981204 BOISE, IDAHO 83705