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Sanitary Sewer Easement with Estate of Philip Lorcher, deceased for Ten Mile Creek:. SANITARY SEWER EASEMENT THIS INDENTURE, made this ~~day of , 1990, by and between the Estate of Philip G. Lorcher, deceased, an Estate of the Fourth Judicial District Court, Ada County, Idaho, Case No. 3P-13526, Joseph P. Lorcher and Mathew B. Lorcher co-personal representatives, the party of the first part, and hereafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereafter called the Grantee; W I T N E S S E T H: WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground 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 AMBPOBE, FITZGEflALD bCBOOKSTON Atlorneye en0 Counseloro P.O. Boz l21 MerlElen, IEe~o 89BCP TalapNOne BBBJKI received by the Grantor, and other good and valuable consideration, including mesne profits, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the construction, operation and maintenance of a sewer line over and across the following described property: A parcel of land 20.00 feet in width lying 5.00 feet Northeasterly and Easterly of and 15.00 feet Southwesterly and Westerly of and parallel with the following described line: Beginning at an iron pin marking the Southwest corner of the SW 1/4 of the NE 1/4 of Section 13, T.3N., R.1W., B.M., Ada County, Idaho; thence North 00° 30'44" East 787.70 feet along the Westerly boundary of the SW 1/4 of the NE 1/4 to a point; thence South 59°46'16" East 27.85 feet to a point; thence South 62°29'28" East 245.70 feet to a point on the Northerly boundary of the SW 1/4 of said SW 1/4 of the NE 1/4, Section 13, also said point being the REAL POINT OF BEGINNING; thence continuing South 62°29'28" East 447.73 feet to a point; thence South 00°24'44" West 434.44 feet to a point on the Northerly right-of-way line of Waltman Lane, also said point being the POINT OF ENDING of the above described permanent easement. 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 Grantee, with the free right of access to such facilities at any and all times. If access to the pipeline is necessary during a crop growing period the Grantor shall be reimbursed for loss of crop revenues as determined by the then market value of the damaged crop. 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 AND AGREED, by and between the AMRROSE, FIT2GERALO B CROOKSTON Attorneys and Coun®elon R.o.eo.azT Matldian, IEano a~sez roiaonona eeea/ei parties hereto, that the Grantee will timely complete the work of laying the sanitary sewer line and restoring the premises used therefor to a condition comparable with that existing prior to exercising this easement however, it being understood and agreed that Grantee shall not commence initial construction until after October 15, 1990; 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. Exception: If in making future repairs during crop growing season the Grantor shall be compensated for loss of crops as described above, the Grantee shall not be required to replace the plants so damaged. 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 easement for the purposes stated herein. IT I5 HEREBY FURTHER AGREED that the Grantor does hereby give and grant to the Grantee the right of use during initial construction a temporary construction easement over a strip of land described as follows: A parcel of land 35.00 feet in width lying 15.00 feet Southwesterly and Westerly of and adjacent to the above-described permanent easement. IT IS UNDERSTOOD that the temporary easement for the use of the strip of land described in the immediate previous paragraph is for the purpose of constructing said sewer line herein described, the temporary easement shall expire when the initial construction is completed. IT 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 sewer line. THE GRANTOR does hereby covenant with the Grantee that it AMBROSE, FITZG ERALD B CROOKSTON Attomeya end Counaeloro P.O. Box 127 McHdlan, Idano 83862 Taleonone BBb668t described tract of land, and that it has a good and lawful right is lawfully seized and possessed of the aforementioned and to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IT WITNESS WHEREOF, the said party of the first part has AM BROSE, FITZGERALD B CROOKSTON Attornaya end Cquneelore P.O. BOe 8Y7 Merldlen, Ideeo 83882 TelePBOne 88Ne81 hereunto subscribed their signatures the day and year first hereinabove written. ESTATE OF PHILIP G. LORCHER BY• 1 OSE P. LORCHER STATE OF IDAHO,) County of Ada, ) sse BY:_~%[~~~~ MATHEW B. LORCHER On this ~_~y of C~~~Ey P b a 1990, before me, the undersigned, a Notary u is in an for said State, personally appeared JOSEPH P. LOCHER, personal representative of the Estate of Philip G. Lorcher, known or identified to me to be the personal representative of the estate of Philip G. Lorcher, and whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as personal representative. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. s ', ,- . GSEAL) OTARY P C FOR I AHO RESIOI ~~~ S TAT E O F Gfl-L~f-{}R~-h11, ) GEC/l s s . County of Q !t/ , ) On this day of 1990, before me, the undersi ned, a No ary u is in an for said State, personally appeared MATHEW B. LOCHER, personal representative of the Estate of Philip G. Lorcher, known or identified to me to be the personal representative of the estate of Philip G. Lorcher, and whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as personal representative. IN`WITNESS WHEREOF, my official seal, the above written. i (SEAL) I have hereunto set my hand and affixed day and year in this certificate first RESIDING 50~i939'`7 AMRROSE, FITZGERALD S CROOKSTON Atlomeye Ntl Counaelore P.O. BoM X21 Merltllen, ItlNo &YBA1 TalePlrone BB6U81 F t. . ' ~ u v ~. l' ,~ L, i 1~ oY P A Y E E DETACH THIS STATEMENT BEFORE DEPOSITING CHECK CITY OE MERIDIAN, MERIDIAN, IDAHO DATE ~ ACCOUNT OR INVOICE NO. DESCRIPTION AMOUNT DISCOUNT OR DEDUCTION NET AMOUNT 8-28-90 25-435- Crop damage-Ten Mile Sewer Line Ext. -- -- ---- --- - -- - --- - - 1 ,000.00 EMPLOYEES NAME FyIY PERIOD -ENDING HOURS RATE GROSS EARN NET INGS F.i.c A FED. WITH STATE wires. EARNINGS TAX TAX PAIU REG. T. „ . « ~ O T ~ r ~ ~"~ i ~ r I 1 -~ 1.~. . . ,i' _ ~- - ~ t ~ ~-. ~, , - - ~ ~~ ~.... ...: ..~ ~°`ff FMPI f1VFF~ Tu lc ~c n c~T. rte . c~. ~ yr r~urc tnPtN INGS AND DEDUCTIONS FOR PERIOD INDICATED. KEEP THIS FOR YOUR PERMANENT RECORD.