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Sewer Easement with Jones, Anna M. and Morgner, Eva Marleen and Fabricious, Martin H. and Winchester, Bruce K. and Fabricious, Patricia J. for Sewer Line Access.. > ~;~- . a" THIS ~, ~~ ~:_ 1~~f. -~. Jones '7'81.8 c~ SEWER F.a.SE-~:i: :pade this ~ I day of ~`~ ~~~~~ 19 %%, between z~ ~Er,, r-a~k Mor a Martin H. Fabrici¢'us, and Bruce K. Ck- .~, ~ ~ s G=b V.S the parties of the first part, and hereinafter called the Grantors and the City of Meridian, State of Idaho, a municipal corpora- tion, the party of the second part, and hereinafter called the Grantee; WSEHEAS, the Grantors desire to provide a sanitary sewer right- af-way across the premises and property hereinafter particclarly bounded and described; and NSERFAS, the sanitary sewer is to be provided for through as uader- ground pipeline to be constructed by the Grantee; and LTHF:RF.AG~ it will be necessary to ma,r,rain .and service said pipeline from tine to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors , and for the sum of Ten Dollars ($10.00) and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the constrsctian, operation and maintenance of a sanitary sewer line over and across the following described property: A strip of land 20 feet in width adjacent to and centered upon the follow- ing described line: Commencing at the Northwest corner of the Northeast 1/4 of Section 7, Township 3 North, Range l East, Boise Meridian, Ada County, Idaho, and running S. 0° 34' S8" W. 798.57 feet along the Westerly boundary of said Northeast 1/4 of Section 7 to a point; thence S. 89° 42' 38" E. 300.95 feet to the TRUE POINT OF BEGINNING OF THE EASEMENT; thence continuing S. 89° 42' 33" E. 360.35 feet to a pointf; thence S. 9° 40' 13" E. 374.30 feet to a point; thence 5.30° 56' 09" E. 549.90 feet to a point; thence S. 8° 41' 43" E. 261.19 feet to a point; thence S. 9° 57' 00" W. 244.22 feet to a point; . thence S. 24° 57' 23" W. 357.92 feet to a point; thence S. 1° 17' 38" W. 221.84 feet to the POINT OF ENDING OF THE EASEMENT, said point being S. 89° 33' S2" W. 1780.22 feet from the Southeast corner of said Northeast 1/4 of Section 7; EXCEPTING THEREFROM all existing rights-of-way for East Pine Avenue and Fivemile Creek. .\ The easement hereby granted is zor 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 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 E~C'RESSLY UNDERSTOOD P.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 GRANTORS hereby covenant_ and agree that theme 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 Grantors do 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 lying Southerly at the first segment of the above described permanent easement, and Easterly of all other segments 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. r ~ ` ~- x I'T 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 Grantors do_ hereby covenant with the Grantee that theme are lawfully seized and possessed of the aforementioned and described tract of Land, and that the~rha ve a good and lawful right to convey said ease- meat, and thatthe~rwill warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. ZN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first hereinabove written r ~ • y lr~~ « lt~, Jc-vt E T3 ~~ STATE OF IDAHO ) s8 County of ~~-cl o,_ ) ~ ~~~ , ~ l i ~:y '~ `.~~~ eta Martin H. Fabricidus /~~ -~ ~' _ / r-~ _~ ~ruce K. Winchester Oa this I da of C 1, ~-r <.~ y _, y in the ear 19/i before me the ~1 undersigned, a Notary Public in and for said State, personalJ.y zppeared -~: Jones, ~~c Morgner, Martin H. Fabrici~us and Bruce K. Winchester ~ ~. y~ known to me to be the personswhose name s are subscribed to the foregoing instrument, and acknowledged to me that theme executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for the State of Idaho ~~.,~~~;r~, Residing at ~-(~.~ - ~,~", z~` Idaho Z . , cr s ` _ .4 \I . ~ ~ ~..~ c~ !~' 'Il' . ~ ~ STATE OF IDAHO, COUWTY OF ADA, ; 3. „ f,' ZL~ r Fil d for reccrd at the request of -~ _ Min. past~o'ciock~ P~1. this day of 19Z,~, ENCE A. PLANTI order - ~' _a.~. .. ~.~..Deputy , ~~ c+c ~ ,\