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Sanitary Sewer Easement with Blue Cross of Idaho for Gemtone #1J. °60,88700 I /1 ~ a ti 9 l/+/,/~~ ~~ 1:~; ~ f ~ " ~J ..{iJt ARY SEWER EASEMENT _ r i THIS INDENTURE, made this day of , 19~etween ~~ ~~ 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; ' g6 do ~' ~ ~ ~}~r~ ~ O WITNESSETH: F~~ ~ ~::: REC~%.. F ;; ST CE 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 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 comparable to that earistent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any pennanern structures, large trees or brush placed within the azea 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. SAI~TIT.-\RY 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. _~ '; n ~. J President ('Secret STATE OF IDAHO ) ss County of Ada ) On this ~~ ! ~ day ofCi ~ l , , 19~ efore m~ the unde signed a Notary / ~ IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. Public rn and for sand State, per onally appeared 9 at .a- _ r~ 2 ~ ~_ and 1r'~ r'I ~ ~~ ems, .~~ ! ~~ •/ ,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. ,; ~,:, .,~ .. ,• .~ ~©-~ARY,~.~ .. ` ~ r- './ NOTARIY PUBLIC FOR IDAHO L~ Residing at / Commission Expir SANTI'ARY SEWER EASEMENT, Page 2 • r DATE: September 5, 1996 PROJECT: 96061 PAGE: 1 of 2 SEWER EASEMENT TO CITY OF MERIDIAN FOR ACCESS AND MAINTENANCE A strip of land 20 feet wide, located in SE 1/a of the NE 1/a of Section 8, T.3 N. , R. 1 E. , B.M., City of Meridian, Ada County, Idaho, lying within Lot 1, Block 1 of the Gemtone Center No. 1 Subdivision, Recorded in Book 71, Pages 7277 & 7278 of Plats, and as Inst. No.96020072, Ada County Records, more particularly described as follows. COMMENCING at the 1/a corner common to said section 8 and section 9, from which the section corner common to sections 4, 5, 8, and 9 bears N. O1 °08"45'E., 2649.35 feet; thence, A) N.89°54'01"W., 1389.15 feet; along southerly line of the NE '/a of said section, being centerline of E. Pine Street to the intersection of Edenbrook Ave.; thence, B) N.00°24'45 "E. , 442.08 feet; along the centerline of Edenbrook Ave. to the intersection of W . State Ave . ; thence, C) 5.89°54'01"E., 28.00 feet; along the centerline of W. State Ave. to the westerly line of said lot 1, block 1, and the POINT OF BEGINNING; thence along said westerly line, 1.) N.00°24'45"E., 7.12 feet; thence, 2.) 5.90°00'00"E., 292.18 feet; thence, 3.) N.44°29'19"E., 250.31 feet; thence, 4.) N.59°54'50"E., 276.35 feet; thence, 5.) 5.30°05'10"E., 20.00 feet; thence, 6.) 5.59°54'50"W., 273.65 feet; thence, 7.) S.44°29'19"W., 255.99 feet; thence, DATE: September 5, 1996 PROJECT: 96061 PAGE: 2 of 2 8.) N.90°00'00"W., 300.71 feet; thence 9.) N.00°24'45"E., 12.88 feet to the POINT OF BEGINNING. CONTAINING: 0.379 Acres more or less. SUBJECT TO all Covenants, Rights, Rights-of--Way, and Easements of Record. EXHIBIT "B" attached, and by this reference made a part hereof. H:\96029\wpfiles\ease-sew.dsc m m ~ ~ om ,~ ~D m~ D ~~ ~ ~ C ~ •. m EDE NBROOK AVE. 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