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Sewer Easement with Williams, Cris for Lansbury Lane Subdivision. ~ ~ ~ ~ ' 1Aw~'~ ~ ~ld~ .. RECEIVED DEC 2 ~ 199 SEWER EASIINIENT MEENG1aME~R?Y THIS EASEMENT agreement is made and entered into this ~_ day of d~~~c~ , 199, by and between CRIS WILLIAMS (-'Grantor")and CITY OF MERIDIAN ("Grantee") , WITNESSETH: WHEREAS, Grantor is the owner of the real property described on Exhibit "A" attiiehed hereto and made a part hereof by reference; and WHEREAS, development of Grantor's property requires that a sewer system be located on, over and across the real property of Grantor described on Exhibit "A" and the parties are desirous of entering into an easement agreement for the purposes of said sewer system; NOW, THEREFORE, for valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, and the mutual covenants, conditions and provisions hereinafter contained, the parties do hereby agree as follows: 1. Permanent Easement . Grantor does hereby grant, convey and confirm unto Grantee, its successors and assigns, a right of way and permanent easement being a strip of land 20 feet wide and 298.10 feet long as more particularly set forth and described on Exhibit "A" attached hereto and made a part hereof by reference, to e:onstruct, reconstruct, install, maintain, replace, operate and use said sewer system, including but not limited to all pipelines, sewer system and appurtenances thereto, in, upon, over and across the real property described on Exhibit "A" attached hereto. 2 . Term of Easement . The right of way and easement is intended by the parties to be a permanent perpetual right of way and easement for the purposes described herein. Grantee's rights hereunder shall commence as of the date of this Ag:^eement . 3. Grantor's Right of Use. Grantor hereby retains the right to use and SEWER EASEMENT - 1 enjoy said premises, subject only to the right of Grantee to use the same for the purposes herein expressly granted . Grantor's rights shall not interfere with the use anel occupancy of the easement by Grantee and Grantor shall not suffer, cause or allow any improvements, structures or buildings to be located or placed upon the premises . 4. Consideration. Grantor agrees to bear the cost of installation of the sev+-er line over and across Grantor's property described on Exhibit "A." 5 . Maintenance and Repair of Sewer System and Premises . Grantor hereby grE.nts and conveys to Grantee the right, privilege and authority to freely enter upon said premises at any and all times with all machinery, tools and equipment, vehicles and materials necessary for the purposes provided herein. Grantee shall have the right from time to time to cut, trim and remove trees, brush and other obstacles which may injure or interfere with Grantee's use, occupancy and enjoyment of the easement and the operation, maintenance and repair of the sewer system. 6 . Notices . All notices required to be given shall be in writing and shall be sent postage prepaid by United States certified mail, return receipt requested. Notice shall be deemed given on the date shown on the return receipt. The mailing addresses for the parties are as follows: Grantor: Cris Williams 4185 S . Linder Meridian, ID 83642 Grantee : City of Meridian 33 East Idaho Ave. Meridian, ID 83642 or at such other address as either party shall specify in writing to the other. 7. Integration. This agreement is integrated and contains the entire agreement of the parties; no representations, inducements, promises or agreements, oral or otherwise, not embodied herein, shall be of any force or effect upon the ex~:cution hereof . SEWER EASEMENT - 2 ~ . ~ f 8. Successors and Assigns. All of the terms, provisions and conditions of thin agreement shall be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties have executed this agreement as of the day ancL year first above written. GRANTOR: STATE OF IDAHO ) ss. County of Ada } Cris Williams On this , ~~.~ day of December, 1993, before me, the undersigned, a Notary Public in and for said State, personally appeared CRIS WILLIAMS, known or identified to me to be the person whose name is subscribed to the within instrument anct acknowledged to me that he executed the same . IN WITNESS WHEREOF, I have hereunto off;:cial seal the day and year in this certificate firs my hand and a~f3xed•s~.y,, written. ,,., ~ -. "~ 1 ~ 1 Notary Public for Ida o= ,-' ~, ~`~ c }= ~c ~ -~a • Residing at Boise , , ; ':,, ~.- My commission expires: 3-936 ~" ,, A'. ~, SEWER EASEMENT - 3 ' • '~ ~ e 4 EXHIBIT "A" Commencing at a point which bears N. 00°16'23" E. 697.29 feet from the East 1/4, and S. 00°16'23" West 1960.99 feet from the Northeast Corner of Section 1, T . 3N . , R . 1W . , B . M . , Ada County, Idaho, thence N . 89028'05" West tn~8 feet to the POINT OF BEGINNING; /?ia,SO thence N. 89028'05" West 20.00 feet to a point, thence N. 00°16'23" East 298.10 feet to a point, thence S. 89028'05" East 20.00 feet to a point, thence S. 00°16'23" West 298.10 feet to the POINT OF BEGINNING. 931 1015? ~~ `. _ ~ ~~~ ~cR J. d~rfi 1 BOISE ~? ... ;.~~~J r 93 DEC 28 F~I`1 10 11 OU FEE~~-, . ~ RECORu~U :~ii ,._ 'i;~~uES OF 93?~gy08 J. D~;'r , ~, "~ BOISE ',~ ~~ ~ ' 93 DEC 2 f FEE ~a~G RECO~~ ~< <. . `{ 1.7 1~ ~~ST 0 EXI3IBIT "A" to Sewer Easement