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Sanitary Sewer Easement with Borup, Neil S. and Ruth G., Rivera, Lius and Joyce B. for Howell Tract & Granite Creek Sub SANITARY SEWER EASEMENT TO CITY OF M' /ERIDIAN THIS INDENTURE, made this (~~ day of 199, between Neil S. Borup and Ruth G. Borup, husband and wife, and J se Lius Rivera and Joyce B. Rivera, husband and wife, the parties of the first part, and hereinafter called the grantor and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee: WITNESSETH WHEREAS, the Grantor desires to provide a sanitary sewer line right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer line is to be provided through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and serve said pipeline 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 construction, operation and maintenance of a sewer line over and across the following described property: A strip of land along the following described centerline, located in a portion of the SW1/4 NE1/4 and a portion of Government Lot 2, all in Section 6, T.3N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the Section Corner common to Sections 5 and 6 of T.3N., R.1 E., B.M., and Sections 31 and 32 of T.4N., R.1 E., B.M., said point being marked by a 1/2" iron pin: thence South 0°24'35" West along the section line common to said Sections 5 and 6 for a distance of 1,272.83 feet to the Southeast corner of Government Lot 1 of said Section 6; thence continuing South 0°24'35" West along said section line common to Sections 5 and 6 for a distance of 28.95 feet to the Northeast corner of that parcel of land as shown on Record-of-Survey Number 2053 of Ada County Records; thence South 89°57'36" West along the North property line of said Record-of- Survey parcel for a distance of 1,726.60 feet to the REAL POINT OF BEGINNING of the centerline of a 30.00-foot-wide strip of land, 15.00 feet on each side of said centerline; Page 1 thence North 0°02'24" West for a distance of 102.20 feet; thence North 66°54'56" East for a distance of 89.57 feet; thence North 82°03'07" East for a distance of 314.55 feet to a point which is 10.00 feet Westerly of the East line of Government Lot 2 of said Section 6, said point being the POINT OF TERMINUS of said 30.00-foot-wide strip of land, and the REAL POINT OF BEGINNING of a 20.00-foot-wide strip of land, along the following described centerline; thence along the centerline of a 20.00-foot-wide strip of land, 10.00 feet on each side of said centerline, North 0°22'17" East along a line which is 10.00 feet Westerly of and parallel to said East line of Government Lot 2 for a distance of 343.33 feet to the POINT OF TERMINUS. Side lines lengthened or shortened as necessary to form a continuous strip of land. The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line main and its allied facilities, together with its 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, in making future repairs, expediently replace and restore the premises to a condition comparable to the existent prior to undertaking such repairs and replacements. THE GRANTOR hereby covenants and agrees 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 GRANTOR does 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. sansew.eas Page 2 IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year hereinabove written. e Neil S. Borup STATE OF IDAHO ) ss. COUNTY OF ADA ) Ruth G. Borup ON THIS ~~day o , 1993, before me, the undersigned, a Notary Public in and for said State, personally appeared ,[~ 5. >~i~1~.b and husband and wife, known to me to be the persons whose name are subscribed to the within 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. Notary public fl~r ~; My Commission a pires .~`~PN~~ residing at DUerQ, i~2 ©~ sansew.eas ~ ~~~,~~,~ .;~ d~~ ~~~• :; ~~ .,~~~,~~ 4F 10P ~~,~r i a ~~ i .• ~ .• .• .• .. ,. =:. Page 3 1 ' !^~ 7 ose Rivera STATE OF IDAHO ) ss. COUNTY OF ADA ) l J ivera ON THIS ~~day o , 1993, before me, the undersigned, a Notary Public i .and for said State, personal) appeared A and `~ ~ ~/.PJ~, ,husband an wife, known to me to be the persons whose names are subscribed to the within 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. Notary Public for I 1 ice' My Commission a pares sansew.eas residing at ~a2,,,~ ~ ~_~Cl ~ .,, a~p~~ 3976 a: 's - ~, ~,. 4V ~, ii .~ n ` .. ~ ~~`k:. ~ ~r J r ~ I ~, rE~ ~__. . ~,T ~F RAC:,. . ```~~\ ESL ~ T ''~, ~~y~~~ ~~ ~\~+ I Page 4