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Sanitary Sewer Easement with Bews, E.L. for Five Mile Creek 100040591 " ~Q~eJ1 RECORDED. REQUEST OF ;\r,~. C.'r:\.'.NTY RECORDER . . ji.. ,I I DHAVARRO ~ SE.IOAHO FEE_DEPUTY" SANITAR~..~~~Z: ~ I 00040591 THIS INDENTURE, made this ~ ~ay of April, 2000 between E. L. Bews, 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 right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer 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 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 the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: (SEE ATTACHED EXHIBITS "A" AND "B") The permanent easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience ot the Grantee, with the free right of access to such facilities at any and all times. The temporarv construction easement hereby granted is for the purpose of construction of a sanitary sewer line and related incidental work. The temporary construction easement shall expire when the construction contract terminates, TO HAVE AND TO HOLD, the said permanent easement and right-ot-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 constructing the sewer line and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such construction, 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. SANITARY SEWER EASEMENT, Page 1 of 3 THE GRANTOR hereby covenants and agrees that he 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 he is lawfully seized and possessed of the aforementioned and described tract of land, and that he has a good and lawful right to convey said easement, and that he will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written. ~ E. L. Bews CITY OF MERIDIAN ~/iû obe D, Cõrrie, Mayor C¡;;;A ¿'-e SANITARY SEWER EASEMENT, Page 2 of 3 STATE OF IDAHO) ) ss County of Ada ) On this....1..b... day of Il.p/?Jl., , 2000, before me lLO, personally appeared t. L ~ f !JIS , proved to me on the ses of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same. Commission Expires: h /¡/p /?PO!! / / SANITARY SEWER EASEMENT, Page 3 of 3 Engineers ~ rJ.U.B .À ~ Surveyors Planners Project No,: Date: Revised: Parcel 'No,: Grantor: ' 5 Mile ,Relief Sewer (11616-03) April 7, 2000 May 12, 2000 50435438600 Edward L. Bews, CITY OF MERIDIAN' EXHIBIT "A" ' A 32,' WIDE PERMANENT SAN1TARY SEWER LAND SITUATED IN ADA COUNTY Astripof land located in the Southeast '4 of Section 35, TAN., R,1W., B.M., Ada County, Idaho, for the purpeJse of a 32-foot wide permanent sanitary sewer easement lying 20 feet SeJutherly and 12 feet Northerly of the following described line: Comme!1cing at a brass cap marking the Southwest corner of Section 35, TAN., R.1W" B,M., Ada County, Idaho. Fromsa.id cap, a 112" iron pin marking the West '4 corner of said Section 35,bears North 00°53'21" East, 2,643,52 feet; thence North 00°53'21" East along the Eas~erly boundary of said Section 35, 1,153.21. feet to a point; thence leaving said Westerly boundary South 89°06'39" East, 25,00 feetto a point on the existing Easterly right-of-way of Ten Mite. Road; thence South 59°52'4Q" East, 466.70 fee,t to a point; thence South, 80°21 '43" East, 412045 feet to a point; thence South80033'17"East, 446.64 feet to a point; thenteSouth80029'11," East, 375,27 feet to a point; thence South 63°00'45" East, 424.73 feet to a point; thence South 61°49'50" East; 399.12 feet to a point; thence South 62°'31'49" East;282.80 feet to the point on the Westerly boundary, of Parcel No, SO435438600, Said point being the REAL POINT OF BEGINNIN~; thence continuing South .62°31'49" East, 25.72 feet to a point; thence South 64°04'59" East, 290',07 feet; thence South 88°16'0.1" East, 315.30 feet toa point of terminus on the Easterly boundary of said parcel. From said point, a 5/8" iron pin marking the SoUth,14 corner of Section 35 bears South 81°38'53" West, 607,.19 feet. ,Sidelines to be shortened or lengthened to match the beginning and terminus of this description. END OF DESCRIPTION TOGETHER WITH: A 25:foot wide temporary construction easement being 25-foot, Northerly and coincident with the Northerly boundary of above-described permanent sanitary sewereasemellt, Sidelines to be shortened or lengthen,ed to match tl:¡e beginning and terminus of this description. END OF DESCRIPTION LHK:lhi: F:lprojectsI1,1616Iadmlnlbews perm sewer easement. doc *