Bryce, Harry R. and Alice M. and Meridian Industrial Park for Sewer Line Maintenance
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~'filS IND~:.'~TUR~, made this M~ ~ ~~ da;y of ~~ s..~, . f 1`317, bat=:~eerz
Harry R. Br~e_and Alice M. Bryce, husband anal wife, and I~teridian Industrial
Park ~, the parties of the first part, and hereinafter called the.
Grantor s , and thu City o¢ Pleridj.-~n, State of Idaho, a_ municipal corpot-a~
tion, the party of the second part, and hereinafter called the Grantee;
. WIT2~SSETH
WIiF.P.F.~iS, the Grantors desire to provide a sanitary sewer right-
o~ way acrasu the premises and property hereinafter particularly bounded
and ct-escribed; and
~SF"r~l.~,S, the sanitary se~.aer is to be provided far through an unc?er-
t;rau~id pipeline to be constructed by the Grantee; and
6II3£RF.AS, it will be necessary to maintain. and service said pipeline
from time to ti~..e by the Grantee;
I~(7t,~, THEREF'OIL~ , in consideration of the benefitG to be received by
t.t2e Grantor ;; , and far the sum of Ten Dollars ($10.00) and ether good and
valuable consideration, the Grantors do_ hereby Bice, grant and convey
unto the Grantee th; right-of-way for an easement for the construction,
operation and maintenance of a sanitary sewer line over and across the
following described property:
A strip of land 20 feet in width centered upon the following described
line:
Cenunencing at the quarter corner common to Sections 7 and 18, Township
3 North, Range 1. East, Boise Meridian, Ada County, Idaho, and running S.
89° 20' 30" W. 667.78 feet along the section line between said Sections 7 and
18 to the q'RUE POINT OF BEGINNI,dG OF THE EASEMENT;
thence N. 0° 27' S3" E. 651.77 feet to a point; '
(:hence S. 89° 48' S3" E. 669.1]_ feet to a point on the North-South
centerline of said Section 7, said point being N. 0° 35' 37" E.'641.95 feet
from the quarter corner common to said Sections 7 and 18; -
thence cozztirnuing S. 89° 48' S3" E. 649.01 feet to a point;
thence N.~O° 27' S5" E. 540.85 Feet to a point;
thence S. 88° 41' 28" E. 220.21. feet to a point;
the~.~ce N. 0° 34' 28" E. 10.0 feet, more or less, to a point. on the '
Southerly boundary of the Oregon Short Line Railroad right-ef-way, said point
being N. 89° 33' S2" E. 867.43 feet and S. 0° 34' 28" W: 1361.11 feet from the
center of saiu Sec*_ion 7 and said point being the PO"ANT-OF EPdDING OF THE
EASEMENT;
EXCEPTIPv'G THEREFROM a]_1 existing right-of-way for Franklin Road.
The easement hereby granted is for the purpose of construction and
operation of a sanitary sewer ]_ine 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.
TU HAVE AND TO HOLD, the said easement and right of way unto the
said Grantee, its successors and assigns forever.
Both parties hereto agree that the location of the easement as described
hereon can be changed to a location parallel to and along the Easterly boundary
and the Southerly boundary of the development plans of FARWEST STEEL CORPORA-
TION as attached, provided that the Grantor notifies the Grantee of the
change in location more than sixty (60) days prior to anticipated commence-
ment of construction of the sewer line across the said property of'the
Grantor. The Grantee shall contact the Grantor in writing at least ninety
(90) days prior to the estimated date for commencement of construction across
said property. As of this time it is mutually agreed that the date for
commencement for construction is indeterminate.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto
that the Grantee will- timely complete the work of laying the sanitary sewer
]_ine and restore the premises used therefor to a condition 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 undertaking such repairs and replacements.
THE GRANTORS hereby covenant and agree that they 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 easement for the purposes
stated herein.
IT IS HEREBY FURTHER AGREED that the Grantors do 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 Southerly and Easterly
of the first four segments 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.
TT IS UtiliERST00D a:~d agreed that t}!e Grantee will restore said ship
to a condition comparable to that e:,;iscerrt prier to the uaider.taking of
the construr.tioz of such sanitary set~~r lire.
The Grantors do~ hereby covenant with the Grantee that the y
lawfully seized and possessed of the afore.mcntioned and described tract
of land, and that they ha ve a good and I.aGTful right to convey said ease-
ment, and that the_ywill warrant and forever defend the title and quiet
possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto
subscribed r_heir signatures the day and year first hereinabave written
CL- v ~ may,, /' (~ /~.'~ L,~ %
Harry R. Bryce
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Alice M. Bryce ,~
STATE OF IDAHU )
County of Ada )
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President, Meridian Industrial Par
Secretary, Meridian Industrial P~~~,.
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on this _,~ 9 day of ~.` , in the year 19 77, before me the
undersigned, a Notary Public in and f.or said State, personally appeared
Harry R. Bryce, A]_ice M. Bryce and the President and Secretary: of ~fE~z-9:~i~n Industrial
Park Icnoc~Yn to me to be the person s whose names are subscribed
to the foregoing instrument, and acknowledged to me that they executed .;"`
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the same. ~ .~ ~ , ,r
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IN WIThTESS WHEREOF, I have hereunto set my hand and affixed my - ~' ~°~ a~
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official seal the day and year first above written. '~ ~ ~,
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Notary Publi for the State of Idaho
Residing at _~ ~~ Idaho
STATE OF IDArO. COU^.TY OF ADA s.d
~ila~ for record s/t ~ ~,:;;uest of ~/ ~ ---~~3
i, ~ti~- r C..'~~a~ Re: ~.
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