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Water, Utility and Road Easement with Paul B. Clayton for Elixir IndustriesRECOROEO • REQUEST OF .. r AQA CpUA1TY RECQRDER ~. ~~vto h'A~~`>p~t~ ~~' SEE REPUTY zaoo ~~ - ~ P~ ~ ~ : ~ ~ ~ 0 0 Q ! 19 4 I WATER UTILITY AND ROAD EASEMEN ,~ t~~~aty c~r- THIS INDENTURE, made this ~ day of ~~~ 1999, between d Elixir Industries, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, the parties of the second part, and hereinafter the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water, utility and road easement across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water line is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service pipelines from time to time by the Grantee; NOW, TT~REFORE, 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 easement for the operation and maintenance of a water line over and across the following described property: (SEE ATTACHED EXHIBIT "A" & "B" - "WATER, UTILITY AND ROAD EASEMENT") The easement hereby granted is for the purpose of construction and operation of water lines and their allied facilities, other utilities and road easement, together with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said water, utility and road easement 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 widun 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 placed within the area described in this easement, which would interfere with the use of said easement or the purposes stated herein. r THE GRANTORS do hereby covenant with the Grantee that they are lawfitlly 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. 1N WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first hereinabove written. 1 GG~ President Secretary STATE OF ~ a It V ) county o ~ ~d a. ) ss On this ~~ day of ~ 1999, before me, the undersigned, a Notary rublic in and for sail Sbte, pers~naily appears A,~L i3. c~ and known or identified to me to be the President and~Secretary, respectivel , 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 babe and affixed my official seal the day and yeaz first above written. ~ ~~,~ ~ , ' ' ..-- NO ARY PUBLIC FOR T~ ~ a~ '!•~. ~~ = "ti ,~' '~/~ ` .fir Residing at: ~~ SE .3~~i-! D - `~.> ~ ~ ~ ~ ~, s Commission Expires: : 21 ~' =~O off, .- : ` ~ ,, ,; ~t MTC McCARTER • 707 N. 27TH ST TULLER CHRONIC, INCORPORATED BOISE, IDAHO 83702 (208) 345-0780 .FAX (208) 343-8967 EXHIBIT "A" SECTION: 8 11-03-99 T3N, R1 E, B.M. DESCRIPTION OF A TRACT OF LAND -WATER, UTILITY AND ROAD EASEMENT FOR: PAUL CLAYTON -ELIXIR INDUSTRIES A portion of the Southeast 1 /4 of Section 8, Township 3 North, Range 1 East of the Boise Meridian in Ada County, Idaho, more particularly described to wit: Commencing at a found brass monument marking the Southeast corner of Section 8, Township 3 North, Range 1 East of the Boise Meridian; thence North 01°28'43" East 1778.32 feet along the Section line between Sections 8 and 9 to a found brass monument marking the center line of Commercial Court and N. Eagle Road; thence along the center line of Commercial Court ,North 88°27'53" West 140.01 feet to THE REAL POINT OF BEGINNING of this WATER, UTILITY AND ROAD EASEMENT description; thence South 00°55'10" West 30.00 feet to a point; thence North 88°27'53" West 2410.79 feet to a point; thence North 00°29'49" East 70.01 feet to point; thence South 88°27'53" East 2411.30 feet to a point; thence South 00°55'10" West 40.00 feet to the REAL POINT OF BEGINNING of this WATER, UTILITY AND ROAD EASEMENT description. This tract contains 3.874 acres, more or less, and is subject to all existing rights of way and easements. I~`'\~~~C/1STf F oT• L 5359 ,~//-3-99: vF~,QyTE of ~O \~ . H PS ENGINEERS -SURVEYORS C:IDESCRIPT\98-577A. DOC