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Sanitary Sewer Easement with Ewing, Sara L. and John R. for Meridian Place No.3 Tract Sub.5215355 .~^~ ~p!°'n -o... '~rlGQlgi'~ RECORU~R p '92 fflflfl 16 A(~ 9 20 -/~ SANITARY SEWER EASEMENT THIS INDENTURE, made this ~-~ day of ~ C- 199_., between Sara L. Ewing and John R. Ewing, the parties of the first part, and herinafter called the Grantor, and the City of Meridian, Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee: WITNESSETH WHEREAS, the Grantor desires to provide a sanitary sewer and water line right-of-way across the premises and property herinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water lines are to be provided through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW THEREFORE, in by the Grantor, and Grantor does hereby right-of-way for an maintenance of a se following described consideration of the benefits to be received other good and valuable consideration, the give, grant and convey unto the Grantee the easement for the construction, operation and suer line and water main over and across the property: A parcel of land being a 50 foot wide permanent sanitary sewer and water line easement running over and across a portion of Lot 1, Block 6 of Meridian Place Subdivision No. 2, as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 53 of Plats at Page 4650, said parcel lying in the North 112 of the Southeast 1/4 of Section 6, Township 3 North, Range l East, Boise Meridian, Meridian, Ada County, Idaho, more particularly described as follows: Commencing at an iron pin marking the Southwest corner of said Lot 1, Block 6 of Meridian Place Subdivision No. 2; thence along the south line of said lot, the following courses and distances: N.89°54'21"E. 334.71 feet; thence, N.0°17'46"E. 1.40 feet; thence, N.89°56'26"E. 218.40 feet to the REAL POINT OF BEGINNING; thence along the centerline of a 50 foot aide permanent sanitary sewer and water line easement the following courses and distances: N.0°03'34"W. 165.00 feet; thence, 5.89°56'26"W. 406.97 feet; thence, N.0°20'01"E. 484.59 feet to a point of ending of ~ ~ r centerline of a 50 foot wide permanent sanitary sewer and water line easement, said point also being on the north line of said Lot 1, Block 6 of Meridian Place Subdivision No. 2. The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and and a water main and their 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. 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 parties hereto, that the Grantee will, in making future repairs, expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacements. IT IS ALSO EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties, that if and when Lot 1, Block 6 of Meridian Place Subdivision No. 2 is subdivided, that upon acceptance of the streets by the Ada County Highway District, that said easement will no longer be necessary and that the Grantor will give up any and all interest in said easement. THE GRANTOR hereby covenants and agrees that he 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. THE GRANTOR does hereby covenant with the Grantee that he is lawfully seized and possessed of the aformentioned and described tract of land, and that he has a good and lawful right to convey said easement, and that he will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. 2 IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year hereinabove writ en. ~ ' /p ~ %..~~'.. Sara L. Ewing ~ n R.~Ewing STATE OF IDAHO) COUNTY OF ADA ) On this ~ day of~ 199, before me, the undersigned, a Notary Public in and for said State, personally appeared Sara L. Ewing, an individual and john R. Ewing, an individual, known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. ,' ~IN,'.'~~,TA1~SS WHEREOF, ve hereunto set my hand and affixed my ;~ ~b.fi"`L"i~a~;;~s`~a~„'-the a and year first above written. ~ :' ~~ ~ No-tar P lEc ~~for Idaho res ,~ ~t L~~~f~~ r~~ ~U~3~L Bs~an~`expires~/~~,QF~ ,, • .n , 3