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Sanitary Sewer Easement with Meridian Place Ltd for Tract Subdivision Ada West Properties, Inc.. } SANITARY SEWER EASEMENT THIS INDENTURE, made this 16 day of March , 1992, between Meridian Place Ltd., a Limited Partnership, Ada West Properties, Inc., an Idaho Corporation and the General Partner of Meridian Place Ltd., the Grantor, and the City of Meridian, Ada County, Idaho, the Grantee, and Properties West, Inc., and Idaho Corporation, the Developer; 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 the Developer of the Subdivision; and WIiEREAS, it will be necessary to maintain and service said pipeline from time to time by the grantee or the developer; NOW, THF,RF.F'ORE, 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 50.00 feet in width lying 25.00 feet left and 25.00 feet right of the following described line: Begmning at a 1 1/2" iron pipe marking the southwest corner of the NE 1/4 of Section 6, T.3N., R.lE., B.M., Meridian, Ada County, Idaho; thence North 89°41'52" East 145.02 feet along the southerly boundary of said NE 1/4 of Section 6, to a point, also said point being the REAL POINT OF BEGINNING; thence leaving said southerly boundary North 0°20'01" East 390.02 feet to a point; thence North 89°41'52" East 474.14 feet to a point; thence South 66°05'39" East 158.52 feet to a point; thence North 89°41'52" East 77.31 feet to a point; thence South 0°18'08" East 195.00 feet to a point; thence North 89°41'52" East 497.07 feet to a point; thence North 43°59'36" East 109.27 feet to a point; thence South 46°00'21" East 111.98 feet to a point; thence North 89°41'52" east 397.33 feet to a point, said point being on the centerline of the easterly boundary of North Archery Way of proposed Tract Subdivision, also said point being the point of ending of the above described sanitary sewer 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 facilifies at any and all times. 9 2 2 0 `t 0 `f n ADA G~JNTY, I D. fOR,rII~C~mYI J. DAVID NAVARRO SANTPARY SEWER EASEIbIEN'I~EGORDER BY page 1 QQ '92 RPR 3 Aid 9 06 TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns until such time that a road right-of-way is dedicated to the public along said easement. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Developer of the Subdivision will 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 Developer will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacements. 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. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of Lu-d, 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 THEREOF, the said parties have hereunto subscribed their signatures the day and year first hereinabove written. MERIDIAN PLACE LTD. By. Z~Q ~/'~- Earl L. Harmon President Ada West Properties, Inc. General Partner SANTTARY SEWER EASEMENT page 2 ,., STATE OF IDAHO ) ss. County of Ada On this 16 day of March, 1992, before me, a Notary Public, personally appeared Eazl L. Harmon known or identified to me to be the President of Ada West Properties, Inc. the General Partner of Meridian Place, Ltd. known the me to be the person who executed the within and foregoing instrument for and on behalf of said Partnership, and acknowledged to me that said Partnership executed the same. IN WTiNFSS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ` \ ' ~' R. ~. STATE OF IDAHO ) ss. County of Ada ~/ i ~y Notary Public for State of Idaho Residing at Boise, Idaho Commission Expires 11-24-97 On this l7 day of Mazch, 1992, before me, a Notary Public, personally appeared Jon L. Barnes known or identified to me to be the President of Properties West, Inc. known the me to be the person who executed the within and foregoing instrument for and on behalf of said Corporation, and acknowledged to me that said Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public fo fate of Idaho Residing at z ~ -~ Commission Expires // Z SANITARY SEWER EASEMENT page 3