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Sewer Easement with James Court Associates, a Limited Partnership for Sewer Line Easement~. ~~~~~~~~ SEWER EASE2~iEh•T THIS INDENTURE, made this ~ day of - 19~ between James Court Associates, a limited partnership the part y of the first part, and hereinafter called the Grantor-, and the City of Meridian, State of Idaho, a municipal corpora- tion, the party of `the second part, and hereinafter called the Grantee; WITiTES SETH WHEREAS, the Grantor desires to provide a sanitary sewer right- of- way across the premises and property hereinafter particLlarly bounded and described; and WHEREAS, the sanitary sewer is to be provided for chraugh an under- ground pipeline to be constructed by the Grantee; 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 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 uato 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. 0°18`34" E. 1521.93 feet along the Westerly boundary of said Section 6 to the TRUE POINT OF BEGINNING OF THE EASEMENT; thence S. 89°41'26" E. 243.27 feet to a point, said easement being 20 feet in width centered upon the described line; thence S. 0°34'58" E. 192.74 feet to a point on the Southerly boundary of Lot 6 of J.E. Pfost`s Subdivision according to the official plat there of on file in the Ada County Recorder's Office, Boise, Idaho, said boundary also being the Southerly boundary of Lot 6 of said Section 6, and said easement being 20 feet in width lying 5 feet Westerly of and 15 feet Easterly of the described line; thence N. 89°08'51" E. 837.24 feet along said Southerly boundary of Lot 6, J.E. Pfost's Subdivision, and of said Lot 6, Section 6 to a point; said easement being 10 feet in width lying adjacent to and Northerly of the described line, and side point being the POINT OF ENDING OF THE EASEMENT at the Southeast corner of said Lot 6, Section 6. 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 ?.ND 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 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 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 lying adjacent to and Northerly of the first segment of the above described permanent easement, and adjacent to and Easterly of the second segment 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 U\'DEP.STOOD 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 do es 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- went, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOc, the said part y of the first part has hereunto caused its general partner to subscribe his signature the day and year first hereinabove written James ourt Associates, a limited partnership, by Andy Anderson, general partner STATE OF IDAHO ) ss .. County of ~.~A ) Oa this ~ ;~.~? day of _Jai~aarv in the year 19 73 before me the undersigned, a Notary Public in and for said State, personally appeared Andy Anderson known to me to be the general partner in the limited partnership of James Court Associates and the partner who subscribed said partnership name to the foregoing instrument and acknowledged to me that he executed the same in said partner- ship name. -. ~ . IN WITt~'ESS WHEKEOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Ada County, Idaho, Sta. c ~ue~st o TIME C~ ~~ U f+A~~ DATE ~ ..C"'~ '7 CLAREN~E PLAN ING R OnD1=R Deputy ~~~~~ Notary Public for thy- State. of. Idaho Residing at Boise i;~aho