Public Utilities Easement with Gemtone Inc. for Crossroads Subdivision No. 1L y ,
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-.
~ ~~ ~ ~ ~, PUBLIC UTILITIES EASEMENT TO
CITY OF MERIDIAN
'"'°
="FI 1~N ,~ rr~ a this ~ day of ~u N c , 1994, between Gemtone,
Inc., an aho Corporation, the party of the first part, and hereinafter called the grantor and the
City of meridian, Ada CQ . o, the party of the second part, and hereinafter called the
WITNESSETH
WHEREAS, the Grantor desires to provide both a sanitary sewer line and water line right-
of-way across the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer line and water line aze to be provided through
underground pipelines to be constructed by others; and
WHEREAS, it will be necessary to maintain and serve said pipelines 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 an easement for the operation and maintenance of both a sanitary
sewer line and water line over and across the following property described as Exhibit "A":
The easement hereby granted is for the purpose of construction and operation of a sanitary
sewer line and water line and their 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 pazties hereto,
that the Grantee will, in making future repairs, expediently replace and restore the premises to
a condition compazable to the existent prior to undertaking such repairs and replacements.
However, the grantee will not be responsible for the repairing, replacing or the restoration of any
permanent structure, large tree or bush placed on the azea described in this easement.
THE GRANTOR hereby covenants and agrees that they will not place or allow to be
placed any permanent structure, lazge tree or bush on the azea described for this easement which
would interfere with the use of said described easement for the purposes stated herein.
THE GRANTOR does hereby covenant with the grantee that they are lawfully seized and
Public Utilities Easement ~~ ~ ,..y-.. ~,..l ~. w ,;,t ~ ,~ ~ -~ Page 1
City of Meridian "
JUN 0 81994
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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.
IT IS EXPRESSLY understood and AGREED, by and between the parties hereto, that the
said easement will be considered vacated at the time when a public right-of--way is dedicated over
said easement.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year hereinabove written.
.,.r.~~-. /.
Edw d L. President Thomas T. Wright, Secre
Gemtone, Inc. Gemtone, Inc.
STATE OF IDAHO )
ss.
County of Ada )
ON THIS~~ day of ~~ 19 ~~7, before me a notary public in and for said
State, personally appeared Edward L. Bews and Thomas T. Wri hg t ,known to me to be
the President and Secretary of the corporation that executed the within instrument, and
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
G~~?~~~ llJ. ~~G2-'z~
Notary Public for Id o ;
Residing at ('/ ,Idaho
My commission expires ~ ~
Public Utilities Easement
City of Meridian
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RUBBLE ENGINEERING, INC.
9550 Bethel Court ^ Boise, Idaho 83709
Project No. 93166 ~ EXHIBIT "A"
OFFSITE PUBLIC UTILITIES EASEMENT
CROSSROADS SUBDIVISION
• Fax 208J378~0:329
March 31, 1994
A parcel of a land located in the NW1/4 of the NW1/4 of Section 9, T.3N., R.1E.,
B.M., Ada County, Idaho, more particularly described as follows: Commencing at the
corner common to Sections 4, 5, 8, and 9, T.3N., R.1 E., thence South 1°08'10" West,
1024.71 feet along the West 5ourdary of said Section 9 to a point; thence South
88°51'50" East, 70.00 feet to a point on the Easterly right-of-way of N. Eagle Road and
the REAL POINT OF BEGINNING.
Thence South 1°08'10" West, 5.00 feet to a point;
thence South 88°51'50" East, 560.65 feet to a point;
thence South 56°42'46" East, 117.07 feet to a point;
thence North 1°08'13" East, 50.65 feet to a point;
thence North 53°02'43" West, 28.13 feet to a point;
thence North 65°21'50" West, 75.70 feet to a point;
thence North 88°51'50" West, 567.53 feet to a point on the Easterly right-of-way
of N. Eagle Road;
thence along said right-of-way South 1°08'10" West, 30.00 feet to the point of
beginning. Containing 0.56 acres, more or less.
Prepared by:
RUBBLE ENGINEERING, INC.
DTP/mf/478.des D. Terry Peugh, P.L.S.
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