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Sanitary Sewer Easement with Farwest Developers, Inc. for Los Alamitosf • ~ '"~ ~ ~50~-~5772 ~,c.~t-cc~,c..-~ A .' _ n _ SANITARY SEWER EASEMENT ' ., . ..., .: .... 'J THIS INDENTURE, made this 16th. day of ,June , l9 95 ,between Farwest Developers, Inc. ,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 Gram; ~~ ~ ~ f ' ~ ~ ~ WITNESSETH: F`~k R ~ . _ -__-~ - ~ c ~ j , WHEREAS, the Grantors desire to provide a sanitary sewer right-of--way across the premises and property hereinafter particulazly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; 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 operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED "EXHIBIT A") The easement hereby granted is for the purpose of construction and operation of a sanitary sewer 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, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in making future repairs, will expediently replace and restore the premises to a condition compazable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said esement, 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. SANITARY SEWER EASEMENT, Page 1 . , IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first hereinabove written. Marty oldsmith, President FARWEST DEVELOPERS, INC. STATE OF IDAHO County of Ada ss ~~ Ken Henderson, Secretary FARWEST DEVELOPERS, INC. On this ~ day of , 19~, before me, the undersigned, a Notary Public in and for said St ,per lly appeared Marty Goldsmith and Ken Henderson , known or identified to me to be the President and Secretary, respectively, 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 fist above written. .~o'cyREn~CC•~'•. ~ • ~OTq,k .'y ~ i ~' : ~ ~' ~' ; ~ Commission Expires: SANITARY SEWER EASEMENT, Page 2 Roylance & Associates P.A. Engineers • Surveyors • Landplanners 4619 Emerald, Suite D-2, Boise, Idaho 83706 Telephone (208) 336-7390 Fax (208) 336-7391 EXHIBIT A April 17, 1995 Project No. 1625 REVISED June 6, 1995 Legal Description Los Alamitos Sewer Extension Sewer Line Easement A non-exclusive easement being 20 feet in width, lying 10 feet each side of the following alignment, situated in the North 1/2 of the Southwest 1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found steel pin monumenting the southwest corner of said Section 20, thence along the westerly line of said Section 20, said westerly line also being the centerline of Locust Grove Road, North 00°-44'-49" East a distance of 2654.68 feet to a found 1" square bar monumenting the northwest. corner of the Southwest 1/4 of said Section 20, thence continuing along said westerly line South 00°-44'-49" West a distance of 460.63 feet to a point; thence leaving said westerly line South 89°-15'-11" West a distance of 242.78 feet to a set steel pin; thence South 00°-44'-49" West (formerly South) a distance of 200.00 feet to a set steel pin on the southerly line of the North 1/2 of the North 1/2 of the Southwest 1/4 of said Section 20; thence along said southerly line South 89°-58'-11" East (formerly South 89°-49'-39" East) a distance of 537.71 feet to a point, said point being the POINT OF BEGINNING. Tiie.nce Iea~~ing said southerly line North 26°-17'-43" West a distance of 144.75 feet to a point, Thence North 89°-30'-00" West a distance of 4.08 feet to the POINT OF TERMINUS. The above described easement is subject to all existing easements and rights-of--way. ROYLANCE AND ASSOCIATES, P.A. 4619 Emerald, Suite D-2 Boise, Idaho 83706 (208) 336-7390 Voice (208) 336-7391 Fax Prepared by: