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Sanitary Sewer Easement with Tower Associates c/o Mall Properties, Inc. for Ten Mile Creek0 .a 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 1 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. s. ~Jf' ro ~, /~~~/ / ~~~~-_ ~ r-7`-- ~ ~ -`-~\ 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 ~ ;, FQR lX x'90 SEP i2 t`i'i 2 `~2 lX l ~~••'' 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~ ~/~u