Sewer Easement with Green Acre Properties, Inc, for Sewer Line Access.
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SE4TER E~~SELIENT
THIS INDENTU:ZE, made this ~n"~ day of ~~~~ , 19 7~, between
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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(~
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