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Capital Securities Corporation for Sewer Line Access and Maintenance,, .- -~- ,. _ - ~>' -, SEWER EASE~`fE1V'T ~fiIS INDENTURE, made this l ~ day of f C 19 between ~~ Capital Securities Corporation . t. the part~_ of the first part, and hereinafter called the Grantor and the City of Meridian, State of Idaho, a municipal corpora- tioa, the party of the second part, and hereinafter called the Grantee; WITNESSETH WHEREAS, the Grantor desires to provide a sanitary sewer right- of-way across the premises and property hereinafter particularly bounded and described; and ii!HEREAS, the sanitary sewer is to be gravided for through 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; DIOW, 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 onto 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: A strip of land 20 feet in width centered upon the following described line: Commencing at the Southeast corner of the Southwest One-Quarter of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and running N. 0°34'05" E. 1437.50 feet along the Easterly boundary of the said Southwest One- Quarter of Section 12 to a point; thence N. 88°31'52" W. 663.1 feet, more or less, along a line parallel to and 10.00 feet Southerly of the Southerly right of way line of the Oregon Short Line Railroad to the TRUE POINT OF BEGINNING OF THE EASEMENT; thence N. 88°31'52" W. 662.6 feet along a line-parallel to and 10.00 feet Southerly from the said Southerly right of way line of the Oregon Short Line Railroad to the POINT OF ENDING OF THE EASEMENT on the Westerly boundary of the Southeast One-Quarter of the Southwest One-Quarter, Section 12. ~, ,~ -The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and allied facilities, together with their maintenance, regair, 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 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- meat 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 Southerly 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 UNDERSTOOD 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 doh hereby covenant with the Grantee that it is ~. lawft,rlly seized and possessed of the aforementioned and described tract of land, and that it_ ha s a good and lawful right to convey said ease- meat, 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.;~ubscribe their signatures the day and year first hereinabove written. CAPITAL SECURITIES CORP0RATIO?`1 j j% obert D. Glai yer, ,resident ~ /' -z ~-i-~= Ellen D. Glaisyer, Secretary STATE OF IDAHO. COUNTY Of ADA. L%~.~ •/U ' d for record at t/h~a1 request of 19 ~.` C} pasF /~o~clock~ h9. this,-daY of STATE OF IDAHO ) --, ENCE A. PLA ' R€cord°~°~ ~; ) sg ti,r ~``.~-~ Deputy County of ) +~Y_~ r .ate ~~ ,~ ~ On this ~ ~ day of _~~C,t N~ 132 in the year 19~~, before me the undersigned, a Notary Public in and for said State, personally appeared Robert D. Glaisyer known to me to be the President and ~'llen D. Glaisver , known to me to be the Secretary of Capital Securities Corporat;ifizhe Corporation that executed the within instrument, aad acknowledged to me that theme executed the same. IN WITNESS WHEREOF, I have unto set my hand and affixed my official seal the day and year first above written. ,~ ,, ti ~;~ ;~, _ ~ ., ~ ~~ `~L ' „•~ ~ Notary bli for the State o aho ,. `sy ~~ •~ ~ '~ Residing at (~ /~ /, S ~ Idaho ~' ,. ~. 4 ~ ~ ` . \ C