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Sanitary Sewer Easement with Westside Bible Chapel for Dove Meadows Subdivision. ~, SANITARY SEWER EASEMENT ~~ r THIS INDENTURE, made this ~ day of Q M~., 19~, between Westside Bible Chanel, an Idaho Corporation, 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; WITNESSETH: 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 the sewer line over and across the following described property: A sanitary sewer easement consisting of the Westerly 6 feet of "Parcel A" as shown on Record of Survey No. 2737 as on file in the Office the Recorder for Ada County, Idaho, said easement being situated in the SE 1/4 of the SW 1!4 of Section 5, T.3N., R.lE., B.M., Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at a brass cap marking the Southwest corner of said Section 5; thence along the Southerly boundary of said Section 5 South 89°59' 16" East 1336.31 feet to a point on a line which is parallel with and 10 feet Easterly of the West boundary of the said SE 1/4 of the SW 1/4; thence along the said parallel line North 00°26'58" East 68.20 feet to the Southwest corner of said "Parcel A", which point is also the POINT OF BEGINNING; thence continuing North 00°26'58" East 750.51 feet to a point; thence leaving the said parallel line South 59°53'42" East 6.90 feet to a point on a line which is parallel with and 16 feet Easterly of the said Westerly boundary of the SE 1/4 of the SW 1/4; thence along the said parallel line SANITARY SEWER EASEMENT, Page 1 .;. > South 00°26'58" West 747.09 feet to a point on the North right-of- way boundary of East Fairview Avenue; thence along the said North right- of-way boundary North 89°32'56" West 6.00 feet to the POIlVT OF BEGINNING. 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 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 replacement. 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 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. SANITARY SEWIIt EASEMFIVI', Page 2 :. ~~ ' WESTSIDE BIBLE CHAPEL $y ,C~US E~ STATE OF IDAHO County of Ada ss On this .~~! day of a~^ , in the yearl~.~ before me, the undersigned, a Notary Public, in and for said State, personally appeared" .~ 'u w, ck-3 ,known to me to be the r ?-~~. of the Corporation that executed this instrument or the person who executed the instrument on behalf of said Corporation, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed year in this certificate first above written. ~~ NOTAtRY Residing at Commission Expires: ~~''~ p~seal the day and f est. N ~p r~~ ~ ~~ jC G~AH~ r '" ~,.. '.V ~. ~ r~~~ ~ L t'S, .. t ". V ~~ ~~ ,~ ~; ,~-,~ F SANITARY SEWER EASEMENT, Page 3