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Sanitary Sewer and Water Main Easement with Martin, LLC for Thousand Springs Subdivision No. 3SANITARY SEWER AND WATER MAIN EASEMENT -R~" THIS INDENTURE, made this ~ day of ~1°~t(/ , 1999 between Martin, L.L.C. 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 "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 iJNDERSTOOD 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 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 easement, 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. 981204\Martin-Ease ~ki=Cc>ti217~~~ ~~l 13 - 21 Pin 1`i `I `! ~i~Y~i Q _ 1~- G G ~ ~ IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first hereinabove written. Martin L.L.C. ustin Martin, managing member STATE OF IDAHO ) ss County of Ada ) On this ~ day of , 1999, before me the undersigned, a Notary Public in and for said State, personally appeared Justin Martin, known or identified to me to be managing member of Martin L.L.C., who executed the within instrument, and acknowledged to me that said company 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' ~1g0 KI.~r~!•'•. ~aTAJp1- _: • _ _ yt . _ ' pUBL1G ~~••;TL~ O F 1~ Q'~~-`~ NOTARY PUBLIC FO AHO Residing at ~ ~ ~~ Commission Expires: ((-/d -~P°J 981204\Martin-Ease EXHIBIT "A" MARTIN, L.L.C. TO CITY OF MERIDIAN SANITARY SEWER AND WATER MAIN EASEMENT AT THOUSAND SPRINGS SUBDIVISION NO. 3 April 22, 1999 City of Meridian water and sewer lines easements being 20 feet wide, lying in the SE '/4 of the SE'/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, said easement being more particularly described as follows: 1) Commencing at the east 1/16 corner common to Sections 20, and 29, T.3N., R.1E., B.M., thence N 00°11'31" E 500.00 feet along the west line of the SE'/4 of the SE '/4 to a point; Thence S 89°48'29" E 20.00 feet to a point; Thence N 0°11'31" E 26.00 feet to the REAL POINT OF BEGINNING of this description; Thence S 89°48'29" E 20.00 feet to a point; Thence N 00°11'31" E 34.00 feet to a point; Thence N 89°48'29" W 20.00 feet to a point; Thence S 0°11'31" W 34.00 feet to the REAL POINT OF BEGINNING of this description. 2) Commencing at the east 1/16 corner common to Sections 20 and 29, T.3N., R.1E., B.M., thence N 0°11'31" E 1,048.79 feet along the west line of the SE'/4 of the SE'/4 to the REAL POINT OF BEGINNING of this description. Thence S 89°48'29" E 20.00 feet to a point; Thence N 00°11'31" E 50.00 feet to a point; Thence N 89°48'29" W 20.00 feet to a point; Thence S 0°11'31" W 50.00 feet to the REAL POINT OF BEGINNING of this description. ~~ t~AiYD.:..n. Michael E. Marks, PLS No. 4998 in°~~V (,JV ~ ~~ ~, ~." ~+ ~ 981204\WaterSewer-Martin ~9 F ~~' ,4~'.~ AEI, E•~A' EXHIBIT "B" N. JL ~~ z m W ~ O ~ ~7 n~ `_ l.L z Q I Y ~a v \ ~~~ ~~ ~` ~~ 2~1~ ,n.~~~ ~,~~~~~ O W F Q J a z d W W (n W d W d W w / 1 ~ ~I EAST 1/16 CORNER I i ~~ ~ 20 121 _ _ _ _ _ ~ N 89'J6'44" W 1341.2fi' _!~ N 89 36' 38" W 476.32' (BASIS OF BEAR/NG) 29 ~ 28 \, (SE 1/16 CORNER I 32 -- i - BLOCK 1 -- - ~ _ I 3~ I D } lo• W 3 E. SHEEP ' EASEMENT 2 ~ ~° SANITARY SEWER AND Q Y CREEK STR. W ~ WATER MAIN EASEMENT J U RPOB 20~ I Z W ~ I ~ J PROPERTY OF rn I _~ MARTIN L.L.C. I N 2 m I a ~ 13 m 3 i ado u~ 7 ~- I° -- 0 a 1 N / 3 I I M 5 I - I ~ \ I to PROPERTY OF ~ ~ I N MARTIN L.L.C. Q \ I \ ~ I zo' ', EASEMENT 1 J d < ^ SANITARY SEW I Z MACKAY ER AND ~9j ~ \ ~' WATER MAIN EASEMENT J` DRIVE B,p RP08 20.00' ' " 9Z I S 89' 48 29 E a ~, 1 ~ PREPARED BY: BRIGGS ENGINEERING, INC.