Sanitary Sewer Easement with Tower Associates c/o Mall Properties, Inc. for Ten Mile Creek0
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SANITARY SEWER EASEMENT
THIS INDENTURE, made this ~ day of , 1990, between Tower
Associates c/oMall Properties, 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;
WZTNESSETH:
WHEREAS, the Grantors desire 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 the Grantee; 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
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
construction, operation and maintenance of a sewer line over and across the
following described property:
A parcel of land 20.00 feet in width lying 5.00 feet Northeasterly of
and 15.00 feet Southwesterly of and parallel with the following described
line: Beginning at a brass cap marking the Southerly right-of-way line of
Interstate Highway 80 North, 100.00 feet right of Highway Station
2306+00.00 as shown on Highway Plans FAP No. I-SON-1(12)37 on file at the
office of the Idaho Transportation Department, Boise, Idaho; thence along
said Southerly right-of-way line South 85°45.21" East 375.40 feet to the
REAL POINT OF BEGINNING; thence SOUth 03°52'45" East 9.39 feet t0 a point;
thence South 66°13'23" East 564.93 feet to a point; thence South 50°52'09"
East 376.00 feet to a point; thence South 73°57'06" East 491.89 feet to a
point; thence South 04°07'14" East 50.11 feet to a point; thence South
86°21'45" East 1.43 feet to a point on the Westerly right-of-way line of
Highway 69, 60.00 feet left of Station 422+71.95 as shown on Highway Plans
FAP No. HES-3782(7) on file in the office of the Idaho Transportation
Department, Boise, Idaho, also said point being the POINT OF ENDING of the
above described permanent easement.
The easement hereby granted is for the purpose of construction and operation
of a sanitary sewer line and 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 will timely complete the work of laying the sanitary sewer line
and restoring the premises used therefor to a condition comparable with that
existing prior to exercising this easement; that, in making future repairs, the
Grantee will expediently replace and restore the premises to a condition
comparable to that existent prior to undertaking such repairs and replacements.
SANITARY SEWER EASEMENT, Page 1
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THE GRANTORS hereby covenant and agree that they will not place or allow to
be placed any permanent structures on the area described for this easement which
would interfere with the use of said described easement for the purposes stated
herein.
IT IS HEREBY FURTHER AGREED that the Grantors do hereby give and grant to
the Grantee the right of use during initial construction a temporary construction
easement over a strip of land described as follows:
A parcel of land 35.00 feet in width lying 15.00 feet Southwesterly of
and adjacent to the above-described permanent easement.
IT IS UNDERSTOOD that the strip of land described in the previous paragraph
is far the purpose of constructing said sewer line herein described, the same to
expire when the initial construction is completed.
IT IS UNDERSTOOD AND AGREED that the Grantee will restore said strip to a
condition comparable to that existent prior to the undertaking of the construc-
tion of such sewer line.
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 hereinabove written.
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STATE OF NEW YORK )
t` ~, )ss
County of` ' [. 0-~.w )
On this lA~'~ day of dC c: vs' in the year 1990, before me, the under-
s'gned-/, a Notary.Public in an~ for said State, personally appeared
d-4.LA~ /.. b/t~C~L'' ,~/t.d.+/ and known to
me to be the persons whose names are subscribed to the foregoing instrument, and
acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year first above written.
90'9399 ~ ;,
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SANITARY SEWER"E~~.S$ ~ Nih ~ pA t~` ~G:(~'`f;
BY
NOTARY PUBLId for New
Residing at
Commission Expires:_
MARIA A'LV4R£Z
Tlotary Pnhlio..S+=~A of New Yor1(
No 37-A`?p~173
Oualif ~ ~ ~a~.~~'York Couniy
Commission Expires /L~
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