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Sanitary Sewer Easement with Pacific Northwest Electric, Inc. and Edmonds Construction, Inc. for Packard SubdivisionSANITARY SEWER EASEMENT THIS INDENTURE, made this ~ day of ' ' between Pacific Northwest Electric, Inc. and Edmonds Construction, 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 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 others; and, WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; and, WHEREAS, said right of way may, in the future, lie within a public right-of--way for public street(s); 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 sanitary 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 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 easement, for the SANITARY SEWER EASEMENT, PNE & EDMONDS, Page 1 purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any portion of the right-of--way and easement hereby granted shall become part of; or lie within the boundaries oii any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. 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 Pacific Northwest Electric, Inc. t P esident STATE OF IDAHO ) County of Ada Edmonds Construction, Inc. ~ r President On this /a '~~ day of December, 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared Ruth A. Sigmont, known or identified to me to be the person who executed the within instrument on behalf of Pacific Northwest Electric, Inc., 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 da~~~~y~~ fist above written. ~~~',,,~'~g D~CO'~••~~~. .~ ~ ~,~AR~ •. '~ ,~. ~~c ..• tG O = N TARY PUBLIC FOR IDAHO '• pU~~- Qr .~ esiding at .~i~ . ~iaatJa ~. -~ ~'• `r?~ 9~•` Commission Expires: g~r~--zor~J SANITARY SEWER EASEMENT, PNE & EDMONDS, Page 2 STATE OF IDAHO ) County of Ada On this 9 ~h day of December, 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared Wirt Edmonds, known or identified to me to be the person who executed the within instrument on behalf of Edmonds Construction, Inc. ,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. p,,,,~a$~~D w~~i~,,,i s~~°Ay~ ~_ +-~'~ s ~ i w 1G p '• 'rypUBy ,~- ~•' .~ ~ .~~ ~~ ~. •i,, Tq °~ 19',~ .,~~~~TE,p~+''~~. TARY P FQR IDAHO esiding at 1fiE; fX~~ Commission Expires: ~-Z~ Zap/ SANITARY SEWER EASEMENT, PNE 8t EDMONDS, Page 3 EXHIBIT "A" LINE "A" A 20.00 foot wi de easement situated in the NE 1/4 and the NW 1/4 of Section 5, T.3N., R.1E., B.M., Ada County, Idaho, the boundaries of which are located 10.00 feet on each side of the following described centerline: COMMENCING at the center of said Section S; thence along the South boundary of the said NE 1/4 South 89°40'20" East 120.07 feet to the POINT OF BEGINNING; thence North 00°26'42" East 451.30 feet to a point; thence North 89°33'37" West 109.96 feet to a point on a line which is parallel with and 10.00 feet East of the West boundary of the said NE 1/4; thence along the said parallel line North 00°27'32" East 253.47 feet to a point; thence North 89°33'37" West 169.91 feet to a point; thence North 00°26'23" East 250.00 feet to a point; thence North 01°34'14" West 233.19 feet to a point; thence North 87°17'37" West 344.51 feet to a point; thence North 45°00'00" West 45.92 feet to a point; thence North 00°42'58" East 313.48 feet to a point; thence North 42°48'12" West 187.56 feet to a point; thence North 32°13'36" West 90.52 feet to a point; thence North 23°42'01" West 105.05 feet to a point; thence North 89°33'37" West 226.76 feet to the TERMINAL POINT of this easement. 98003`f81 .. u,~:ID ~~VAP,RO ;SE ID '98 JRN 15 P~1 S a FEE _~ DE - RECOrtDED l;T THE RE EST OF SANTCARY SEWFR EASEMENT E7CFIIBIT "A" PNE Bt fiDMONDS PERMANfiNT, PAGE 4