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Sewer Easement with Green Acre Properties, Inc, for Sewer Line Access. `~~i~~`~~ai3 SE4TER E~~SELIENT THIS INDENTU:ZE, made this ~n"~ day of ~~~~ , 19 7~, between ---~Z~ GP.EEET ACRE PROPERTIES, II'o1C. the party of the first part, and 'hereinafter called the Grantor__, and the City of Meridian, State of Idaho, a municipal corpora- tton, the party of•,the second pzrt, and hereinafter called the Grantee; WIT~dES SETH WHEREAS, the Grantor desires to provide a sanitary sewer ri.ght- of- way across the premises and property hereinafter particclarly boL-nded and described; and WHEREAS, the sanitary sewer is to be provided far through an under- ground pipeline to be constructed by the Grantee; and k'HEREAS, it will be necessary to maintain and service said pipeline from tine to time by the Grantee; NOW, T'HEREFORF, 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 unto the Grantee the 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 Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and running N. 88°35`49" E. 1232.60 feet along the Southerly boundary of said Section 6 to a point; thence N. 0°07'49", E. 419.57 feet to the TRUE POINT OF BEGIN~dING OF THE EAS E?~.ENT ; thence S. 71°49'16" E. 52.16 feet to a point, said easement being 20 feet in width lying 5 feet Southwesterly of and 15 feet Northeasterly of .the described line; thence N. 38°22'23" E. 57.50 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; f EXCEPTING THEREFROM all existing right-of-way for Fivemile Creek. 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 311 times. TO IIE~VE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY Ui7DERST00D PsID 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 GRA:'~TOR hereby covenants and agree s 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 does hereby give acid grant to the Grantee the right to use during initial construction an additional strip of land described as follows: A strip of land 10 feet in width adjacent to and Southerly of the first segment of the above described permanent easement; and a strip of land 10 feet in width adjacent to and Southeasterly of the . second segment of the above described permanent easement. IT IS U:~IDERSTOOD 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 1S L'~~EhST00D and agreed that the Grantee will restore said strip Lo a condition comparable to that existent prior to t}~e undertaking of the construction. of such sanitary sewer line. The Grantor does hereby covenant 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- ment, and that _it_ wi]_1 warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITA'ESS tiv'~iERF.OF, the said part y of the first part has hereunto subscribed its signature the day and year first hereinabove written ACRE PROPERTIES, INC. Dou 1 Bell, Secret ry STATE OF IDAHO ) ~ / ) ss County of L~=~.GL ) On this o2n`''/ day of ~,e~~•~-f~c4~ in the year 19~, before me the undersigned, a Notary Public in and for said State, personally appeared De~,ayne_A. Bills , known to me to be the President and Douglas L. Bell , known to me to be the Secretary of Green Acre Properties, Inc. _, the Corporation that executed the within instrument, and acknowledged to me that theme executed the same. IN WITNESS t,THEREOF, I have unto set my hand and affixed my official seal the day and year first above written. Q~~~ ~4de County, d gr ~ Notary Public r th t e of Idaho u~tof~ ~. Residing at , Idaho TIME ~ oo ~~ DATE _ CL,4RE3~ A P gNTIfV(~ ~',a~T2 i, ~~