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Sanitary Sewer Easement with Brian Lee Construction for Englewood Subdivision No. 2,, , SANITARY SEWER EASEMENT THIS INDENTURE, made this day of ~, 1999 between Brian Lee Construction, 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; 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 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 wotald interfere with the use of said easement, for the purposes stated herein. 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. Sa Englewood Estates No. 2 ~~~~ CC~~.~?tTY~ ~ypRRO~R i9°~ ~N 10 Pry I ~ 4 R~~la~~~ ~~au~s ~~~ @~ FEE ~ -pEPUSY ~~~ 99~~8485 ,,. IN WITNESS W EOF, the said parties of the first part ha reu scribed their signatures the day and i herein above written. President Secretary STATE OF IDAHO ) ss County of Ada ) On this ~ day of , 19~,~fore me, the undersigned, a Notary Public in and for said State, perso ally appeared ~1 Ai.~ 1..~~ and. 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and ear fist ab ve written. ,,6'00 00 ////',, I~ F • .~ ~' •, ~~ ~;~~ F •. .v,3~. °",~1,~ o ~ __ r. 41 W y E> ~ y /+ ®~ ~ ~ f`~ / / p1 g~ \ Vy/ ~U ~ ' °i ~~ a~~6d~O40'~~G 4~ , ~~ NOTARY PUBLIC FOR IDAHO Residing at MPr:d~~.. ~~~-~ Commission Expires: 4-Z-4 -?t~c~ Englewood Estates No. 2 G\J~V E N'V I~yF~~~ 9~ / O y0 SURVE RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 Project No. 9802201 ENGLEWOOD N0.2 SUBDIVISION NEW E~4SEIVIENT DESCRIPTION 208/322-8992 ^ Fax 208/378-0329 May 14, 1999 A strip of land 10 feet wide for sanitary sewer, located in Lot 17 of Block 6 of Englewood Creek .Estates Subdivision No. 2 as shown on the official plat thereof recorded in Plat Book No. 77 at Pages 8082 and 8083, as Instrument No. 98102585, records of Ada County, fdaho, and more particularly described as the westerly 10 feet of said Lot 17, containing 852.74 square feet, more or less. Prepared by: NUBBLE ENGINEERING, INC. JRW/vw/Englewood2-NewEase James R. Washburn, P.L.S.