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Sanitary Sewer Easement with Anderson, Steven C. and Marcia A. for Meridian Greens No. 3t , `t SANITARY .SEWER EASEMENT THIS INDENTURE, made this 2.~ day of ~~~"'~ 1993, between STEVEN C. ANDERSON and MARCTA A. ANDERSON, husband and wife, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises and property hereinafter parti- cularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground yaipeline to be constructed by the Grantee; and WHEREAS, it will be necessary to maintain and service said g.~ipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and. valuable considera- tion, the Grantors do 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 an8 across the following described property: Description attached as Exhibit °A° The easement hereby granted is for the purpose of construc- tion ane' operation of a sanitary sewer. line and allied facilities, together with their maintenance, repair and replacement at the SANITARY .SEWER EASEMENT.- 1 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 r~,ght-of--way unto the said Grantee, its successors and assigns forever. IT IS EX'PRESSL`X UNDERSTOOD AND AGREED, by and between the 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 this easement; that, in making future repairs, the Grantee will expediently replace and restore the premises to a condition com- parable to that existent prioa[ to ur~~,ea~takiang such repairs and replacements. THE GRANTORS hereby ocavenant and agree that they will not place or allow to be placed any per~ananent structures on the area described for this easement which would interfere with the use of said described easement for the purposes stated herein. IT IS HEREBY .FURTHER AGREED that the Grantors do 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 40.Q4 feet in width lying 20.00 feet on both sides of the above-described centerlia~e. IT IS UNDERSTOQD that the strip of Land described in the previous paragraph is for the purpose of constructing said sewer line herein described, the same. to expiate when the ianta,al con- struction is completed. SANITARY SE'pTER EASEMENT - 2 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. 7PHE GRA27TQRS do hereby covenant with the Grantee that they are. lawfully seized and possessed of the aforementioned and des- cribed tract of land, and that they have a good and lawful right to convey said easement, and that they wall warrant and forever defend that title and quiet possession thereof against the lawful claims of all persons whomsoever. IN Tn1ITNESS REOE, the said parties of the first part have hereunto subscribed their signatures the day and year first hereinabove written. GRANTORS: ~. STEVEN C. ANDERSON. ~~ CIA A. RSON S ATE OI' I/ DAHQ ) ss. County of Ada ) On this Gam. day Qf , 1993, before me, the undersigned, a Notary Public in and for said State, personally appeared STEVEN C. ANDERSON .and MAR,CIA A. ANDERSON, husband and wife, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same,.,,,-: -: - - ~,,....~~~~ WITNESS MX ~i~,Nl~w \I~E~q~, e day and year alcove written. ~ F ~pT~~~~ , * ~~ V 81.~G ~~ ,~~ . SANITARY SEWER EAS~MFNT.- 3 I ' ~ •Yy~~- ~= .. ~'otax~ Pu~il,ic or.Id`alho „~ Residing at; ~l- ~~ My Commission Expires : ~ j -~ 1 '~1 ~ f .. '. - EXHIBIT.nAh , SEWER EASEMENT A 20.00 foot sanitary sewer easement running parallel to and 10.00 feet on each side of the following described centerline and lying in the NW1/4 of Section 19, T.3N., R.1 E.; B.M., Ada Cor.~nty, Idar?o, mare particularly described as follows: Comr~~encing at the Se~;tion Corner common to Sections 18 and 19 of T.3N., R.1 E., B.M. and Sections 13 and 24 of T.3N., R.1W., B.M., said point being marke~# by a brass :;ap r??ui?ur7~ent; . thence North 89°43'43" East along the North line of sail: Section 19 for a distance of 165.49 feet; the~~ce South 4°5y'28" West for a distance of 49.00 feet; thence South 20°08'55" East for a distance of 396.76 fF.:et; thence South 16°56'23" East for a distance of 408.40 feet; thence North 73°35'41" East for a distance of 33.0+ feet to a point on the centerline of the Ten Mile Drain, said point being the REAL. PGi~vT nF REOINNI!~G of this casement; thence continuing North 73°35'41" East for a distance of 170.65 fee+.; thence South 17°55'47" East for a distance of 436.65 feet; thence South 30°41'47" East for a distance of 258.69 feet; thence South 89°59'15" East for a distance of 225.42 feet t~~ a point on the East boundary line of the NW1/4 of NW1/4 of said Section 19, said point heir;g the POINT OF TERN^INUS of said 20.00 foot wide easement. The side lines of said c=~:^~ent are to be ::;:tcr;ved or che~ened to cre ~r a ~~ontinuous 20.00 foot wide strip of IGr~-~ r,~ninn~r7g a± the cent~~line of the Ten Mile Drain and termir.atinr a~ the East line f the ~J~',~'J1/4 of-the NW1/4 of said Section 19. J 3 3 2 ~} 2 A ..- A0~ CO~ T'i,1 . F0 j. DAVtp t~~`JA B .RECORDER /~~~' ' 93 flPR 30 ~~ 3