Water, Utility and Road Easement with Paul B. Clayton for Elixir IndustriesRECOROEO • REQUEST OF
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WATER UTILITY AND ROAD EASEMEN
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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.
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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.
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NO ARY PUBLIC FOR T~ ~ a~ '!•~. ~~ = "ti
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Residing at: ~~ SE .3~~i-! D - `~.> ~ ~ ~ ~ ~,
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Commission Expires: : 21 ~' =~O off, .- : `
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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.
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L 5359
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ENGINEERS -SURVEYORS
C:IDESCRIPT\98-577A. DOC