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Public Utility Sewer Easement with Western Dairyman's Cooperative for Troutner Business Park.. r ' ~7~ ~~73 ~~F _ _ x .... ;; P~ ' v. . ! _ ,~ `97 ~Iiz`~ ~` Fti') 'J ~7 PUBLIC F~= ~5~, .._ -- PEC.-;. __ .._._ t:' t UTILITY (SEWER) EASEMENT TO CITY OF MERIDIAN 19ECE1VE~ .1 U N 1 2 1997 c THIS INDENTURE made this _~ day of `~H~ ~ , 1997, between GRANTOR: WESTERN DAIRYMEN'S COOPERATIVE, INC., a Colorado Corporation (formerly known prior to mergers as Mountain Empire Dairymen's Association and Grade A Milk Products Association), whose address is 237 Taylor Avenue, Meridian, Idaho 83642; and GRANTEE: CITY OF MERIDIAN, whose address is 33 E. Idaho Avenue, Meridian, Idaho 83642. WITNESSETH WHEREAS, the Grantor desires to provide a sanitary sewer line easement and 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 pipelines 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 a non-exclusive easement and right-of-way for the installation, operation and maintenance of a sanitary sewer line over and across: THE NORTHERN TWENTY (20) FEET and the WESTERN TWENTY (20) FEET of the perimeter of Grantor's entire property, which entire property is legally described on "Exhibit A" which is attached hereto and incorporated herein by reference. (This easement area is generally depicted on "Exhibit B" Attached.) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and allied facilities, together with their maintenance, repair and replacement at the PUBLIC UTILITY EASEMENT - 1 realest\meridian\utileas.wpd 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 that existent prior to undertaking such repairs and replacements. However, the Grantee will not :be responsible for the repairing, replacement or the restoration of any permanent structure, large tree or bush placed on the area described in this easement. THE GRANTOR hereby covenants and agrees that they will not place or allow to be placed any permanent structure, large tree or bush 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. IN WITNESS WHEREOF, the said Grantee hereunto subscribed their signatures the day and year hereinabove written. WESTERN DAIRYMEN'S COOPERATIVE ASSOCIATION, INC. By ~.~- Title , ~~a~ ATTEST• ~~"~ vie S S PUBLIC UTILITY EASEMENT - 2 realest\meridian\utileas.wpd t STATE OF IDAHO ) ss County of Ada ) ON THISJ~ day of ~Uil1E , 1997, before me, a notary public in and for said State, personally appeared DoiV TE~t/sEa/ known to me to be the ~ssf. Sccr~~ of the corporation that executed the within instrument, an 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 first above written. Nota y Public for U'1'h Residing at My Commission Expires: 3 ~.s 9 ,, OP 71~f NO~i'A RY l'U l3 LIC .~'' sr, HOPE T. EVENS s ^ i 548 East 1 t 400 South 2 +° Sandy, Utah 84092 v,~ 4,Y My Commission Expires March 15. 1999 "" STATE OF UTAH PUBLIC UTILITY EASEMENT - 3 realest\meridian\utileas.wpd -~-_- - -- ~, - . ~ ~;. , • ~O . AI .' '~ r ~ . N .. .' (N • • m .N •' •N '~ '. ~'~ . ~ , .• M ' ~' .' 40 `. .tn.' at , .'N.•'~ .~' I ~~ ^ . .~. ~ 'N , ~_-r_i'-_~1'~a. .L'r~~_ t glgl ~I~I~La $~~~,,,; w ~ e~040601007 ~ oo ' , 1 f 604060!020 I SE osofo I o $ ~ 604060!0!9 I ~ 6040600001 It p04060f00 604080!00 f i~ 604060!0!8 16040601011 ~ I40600002 'I 604060 f0 I UNION PApFlC gAMQAD ~~i ~'`: ! f .~.~ • ~ '~ •~ .I • ,' ~f' ~-•..I1 .i •' I .-. • ~' Jt a S f` ~r: .~. ~ ~ 517tJ!44~Ot1 . bC ST. / ~• 68342000353 TAYLOR 68342000376 I 68342000333 683420003!3 68342000323 w I 68342000275 ' N f ~ O ~ .. 0 ^ n° r°+ ~ R .~. ° n ~ p ~ N ~ N ~ a a N ry n ~ a Q n ~ w w a a f ^ ~ i a 69323750?7 I s r a 1 n n I 6932373033 gg~375037Q - _ - - _ _ - _ N - _ 1 a 6932375034 ~a ~ _ . 693237503 693237503110 ~. Wes tern Dairymen 'Coop . Inc . ~ ~ , f ~ - - 68342000006 ~: ~ Meridian City Sewer Easem " n o_ N 69342000200 0° 68342000215 0 N a m ~~ ~~ ~ G i ~. Qa2974e6oo3z .'~ ZI •'1 F j I . :' ~ ~ lL .• ~ ~ C w ' ~. ~~ N ~ ' N N O p 0 0 ° 0 62974860012 a ~v 683+2000235 68342000245 ~n • m ~ m EXHIBIT B ~ EXHIBIT A Lots 1, 2, 21, 22 and 2.5, Taylor 5ubdivisior~, according to the plat thereof recorded in Book 11 of. Plats at pagE 637, records of Ada County, Idaho; Those portions of Ballard Street (vacated) and Taylor Avenue (vacated), described as follows; Commencing at a point 30 feet south of the south- east corner of Lot 20, Taylor Subdivision, according *_o the plat thereof recorded. in Boob 11 of Plats at. Page 637, records of ;Ada County, Idaho; thence south 89°51' west 621.8 feet, more or less, to the westerly boundary line of said Taylor Subdivision; thence south 0°5' west along the westerly boundary line of said- Taylor Subdivision 590.2 feet, more or less, to the southwest corner of said Taylor Subdivision; thence north 89°51' east along the southerly boundary line of said `Taylor Subdivision 60 feet,. more or less, to the southwest corner of Lot 1 of said Taylor Subdivision; thence north 0°5' east along the cesterly boundary line of Lots 1 acid 25 of said Taylor Subdivisicn 56.2 feat, more or less, to the northwest corner of Lot 25 of said Taylor Subdivision; thence north 89°S1' east along L-he northerly boundary ?ine of Lots 25, 22 and 21 of said Taylor Subdi~.~ision 561.9 feet, more ar .less, to the northeast corner of Lot 'L1 of said Taylor Subdivisio~l~; thence north 30 feet, more or. less, to the place of beginning.