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Sewer Easement with Norus, Inc. for Sewer Line Access,. r ~ "~E~~~'1'~)4U SEWER EASE_;ENT PHIS INDE~"TURE, made this '~~ '~~' day of ~ 19~, between Norus, Inc. the party of the first part, and hereinafter called the Grantor`, and the City of Meridian, State of Idaho, a municipal corpora- Lion, the partq of-.the second part, and hereinafter called the Grantee; WITidESSET$ WHEREAS, the Grantor desires to provide a sanitary sewer right- of-way across the premises and property hereinafter particeiarly boLnded and described; and WHEREAS, the sanitary sewer is to be provided for taraugh an under- ground pipeline to be constructed by the Grantee; and WHEF.EAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEZEFORE, in consideration of the benefits to be received by the Grantor, and for the sum of Ten Dollars ($10.00) and other good and valuable consideration, the Grantor do es hereby give, grant and convey into the Grantee tha right-of-way for an easement for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: Commencing at the Southwest corner of the Southeast One-Quarter of Section 6, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, and running N. 0°20'01" E. 1301.07 feet along. the westerly boundary of the said Southeast One-Quarter, Section 6, to the Northwest corner of the South One-Half of the Southeast One-Quarter, said Section 6; thence S. 89°3'08" E. 790.69 feet along the Northerly boundary of the said South One-Half of the Southeast One-Quarter, Section 6, to the TRLE POINT OF BEGINNING OF THE EAS~IENT; thence S. 0°23'20" W. 108.60 feet to a point, said easement being 20 feet in width adjacent to and lying 5 feet westerly of and 15 feet Easterly of the dE scribed line; thence continuing S. 0°23'20" W. 499.51 feet to a point, said easement being 20 feet in width adjacent to and centered upon the described line; thence S. $9°36'40" W. 488.28 feet to a point, said easement being 20 feet in width centered upon the described line; thence S. 0°23'18" W. 620.82 feet to a point, said easement being 20 feet in width centered upon the described line, and said point being the POINT OF ENDING OF THE EASEMENT on the Northerly right-of-way line of Fairview Avenue (U.S. Highway 30). 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 convenience of the Gran- tee, 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 ~~ID AGREED, by and between the parties hereto that the Grantee will timely complete the work of laying the sanitary sewer line and restore the premises used therefor to a condi- tion comparable with that existing prior to exercising this easement; that in making future repairs the Grantee will expediently replace and restore the premises to a condition comparable to that existent prior to under- taking such repairs and replacements. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures on the area described for this easement which would interfere with the use of said described ease- went for the purposes stated herein. IT IS HEREBY FURTHER AGREED that the Grantor do es hereby give and grant to the Grantee the right to use during initial construction an additional strip of land described as follows: A strip of land 30 feet in width adjacent to and lying Southerly and Westerly of the above described permanent easement. IT IS UNDERSTOOD that the strip of land described in the previous paragraph is for the purpose of constructing said sanitary sewer line herein described, the same to expire when the initial construction is completed. IT IS 11NDERSTOOD and agreed that the Grantee will restore said strip to a condition comparable to that existent prior to the undertaking of the construction of such sanitary sewer line. The Grantor does hereby covenan*_ with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of Land, and that it has a good and lawful right to convey said ease- went, and that it will warrant and forever defend the title and quiet possession thereof against .the lawful claims of all persons whomsoever. ZN WITNESS WHEREOF, the said party of the first part has hereunto caused its officers to subscribe their signatures the day and year first hereinabove written Norus, Incorporated ~ ~ J~ ~,, ,/ / L ''GGZ~~ ~ ice`. -Norman G. Fuller, President A.J.~Goade., Treasurer , STATE OF IDAHO ) ss County of C.LC~C~ -- ) On this ~ ~~ SG day of G~, .z< ~ <-~ ~~ in the year 19 ,~~" , before me the undersigned, a Notary Pu' is in and"for said State, personally appeared Norman G. Fuller A.J. Goade known to me to be the President and known to me to be the Treasurer of Norus, Inc. the Corporation that executed the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have unto set my hand and affixed my official seal the day and year first above written. 81da County, td~l'1~, ~;,. nest' of G~.c.~ ~.Qq~ IME GJ • U6 ~ /~/'~~ DATE _ , CLAR NCE ~!.ANTIN9 RE ORLcR ,, ~~' J Deputy '~~ ~ ~s Notary Public for t e State of,~ daho r ' ResYding at r~' f C << ~(~ ~ :; Idaho