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Sanitary Sewer Easement with Dobson, Hoyt C. and Mary for Nine Mile CreekJ ~: •' v SANITARY SEWER EASEMENT THIS INDENTURE, made this a~ day of ~T~~ 199, between Hoyt C. and Mary Dobson, husband and ~r2fe, the parties of the first part, and hereinafter 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 line right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer line is to be provided through underground pipelines to be constructed by others; 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 other good and valuable consideration, 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 strip of land 40.00 feet wide lying adjacent to and parallel with the most northerly boundary of that parcel of land more particularly described below: Lot 5, Block 1 of the Timothy Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 31 of Plats at page 1923, said parcel being a portion of the SE 1/4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho. AND ALSO: A strip of land 40.00 feet wide lying adjacent to a parallel with the most northerly boundary of that parcel of land more particularly described below: Lot 6, Block 1 of the Timothy Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Block 31 of Plats at page 1923, said parcel being a portion of the SE 1/4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho. The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line main and its allied facilities, together with its 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. THE GRANTOR hereby covenants and agrees 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. THE GRANTOR does hereby covenant with the Crantee that they are lawfully seized and possessed of the aformentioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN W17NESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year hereinabove written. ~0 ~7G~-u/ ~. ~Sia~e`~ c~ Hoyt Dobson Mar/~A. Dobson STATE OF H3AH0-) C~tiNi`Y OF AD~_ On this ~~ day of l99 ~ before me, the undersigned, a Notary Pub 'c in and for said State, personally appeared Hoyt C. and Mary A. Dobson, husband and wife, 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my of-facia seal the d and ear first above written. Notary blic ~~I~a o resi ing at~~`~ ~ ,i~ti =_ . My Commission expires L ~~'~~'~~~ ``"~ :'~ ~'~ n .J 1..~ ~ ~~~ ~. G A Y UUU RECOF~ _~, '92 OCT 9 nJ0 9 0 3 4 j r I aYC~~~/•/,^HV// ~~ fl(1 9 44? 3 ~=r f,' -~ "~ . IV ~-i ~ " _. lJ •~• .`