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Sanitary Sewer Easement with Van Auker, Ronald for Right of Way9601102`# SANITARY SEWER EASEMENT ~' ~~ ~ ^' ~ ~ ~ r~ 0 R a ~ R THIS INDENTURE, made this S ~~ day of 19y~between Ra~v~/~ ~ ~~~~ ~A~.~! ~ ~ ~ the parties ofthe first part, and hereinafter called the antors,-and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; ~ gs ~~~ 8 P~ ~' 21 WITNESSETH: FEE ~~ %;_ RECO~ ~;E:U ~Ht ~tE~UEST ~F 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 grarnted 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 comparable 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, lazge 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 azea 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 aze 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. SANrrARY 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. --~'"~ l~ ~ ~ / - `~~ resident cretary STATE OF IDAHO ) ss County of Ada ) On this ~ day of s=~.~ ~ , 19~l, before me, the undersigned, a Notary Public in and for said State, personally appeared~dt/•4~i7 !~ //,~! ,,~,~ ~ and ~ ~-~ ~~~ ~~~~ ,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 WIIEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ,py9©®96'JBIOOI ~~ o ~ ~i 0 ~~~~~~ O W m u ~, ® m ~y ~, ~ . e. '' ~q a m ~y d ~~ ~ ^ ~` a®~ Via`'®0~® Y PUBLIC FjC~R IDAHO 1~esiding at ~~~~ ~,4~k~ Commission Expires: `/l~CC L/ ~/ - ~ 9%~_ SANTI'ARY SEWER EASEMENT, Page 2 Febuary 2, 1996 [~:(:ll31<is1 Exclusive Sewer Easement A parcel of land situated in SW1/4 of the SE1/4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, said parcel being the northerly twenty feet of Parcel C-1 as shown on Record of Survey Number 3075, Instrument Number 95002835, Ada County Records more particularly described as follows: Commencing at the quarter corner common to sections 18 and 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence N. 89° 44' 18" E., a distance of 662.31 feet to a point on the south line of section 18; thence N. 00° 28' 24" E., a distance of 40.00 feet to a point on the west right-of-way line of Teare Lane; thence N. 00° 28' 24" E., a distance of 747.41 feet to a point, said point being the Real Point of Beginning; thence N. 89° 35' 10" W., a distance of 301.69 feet to the Point of Terminus. Said sewer easement being ten feet either side of the before mentioned line. Prepared by Leavitt 8~ Associates Cpl LANp ~~c,`~~~~GI S T fRF~ GAG 0 0 /~,~~ ~< 1 5721 C,~ ~l T f 0 F ~ ~ IMAM E. H~Q~ William E. Hopkins, PLS 5721