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Sewer Easement with Overton, Nora B. and Crow, Ruth I. and Johnson, Floyd T. and Elnora L. for Sewer Access~- . r. SEivr,R EAS~~_~'T 3~iIS Z;iDE:1TLTRE, wade this ~/ day of 1978, between ~~G-rv-n--v~ c31~1~~ f~ ~ armd--°'~Tn r a R (l~ ~ o r t n n h_a~~,-n -~ __~ _ _: ~ ,, u• 1 l r a n h -a. ~u nu ~ I . Crow, h+*~}+--~°-'--~=~__and Floyd T. Johnson and Elnora L. Johnson, husband and wife. the parties of the first part, and hereinafter called the Grantor s, and the Citp of Meridian, State of Zdaho, a municipal corpora- tion, the party of the second part, and hereinafter called the Grantee; WTTNESSETH RS~BEAS, the Grantors desire to provide a sanitary sewer right- o~vay across the premises and property hereinafter particularly bounded and described; and ~FaS, the sanitary sewer is to be gravi.ded for through an under- ground pipeline to be constructed by the Grantee; and Ti1F~FRF.ES~ it will be necessary to ~~ntain and service said pipeline from tine to time by the Grantee; BOA, THEZBEF'ORE, in consideration of the benefits to be received by the Grantor s, and for the sum of Ten Dollars ($10.00) and other good and valuable consideration, the Grantors do hereby give, grant and convey onto the Grantee the right-of-way for as easement for the construction, 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 lying 5 feet Northerly of and 15 feet Southerly of the following described line: Commencing at the Northwest corner of the Northeast 1/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and running S. 0° 34` 58" W.798.57 feet along the Westerly boundary of said Northeast 1/4 of Section 7 to the TRUE POINT OF BEGINNING OF PLRMAtiENT EASEMENT N0. 1; thence S. 89°42'38" E. 300.95 feet do she PAINT OF ENDING OF PERMANENT EASEMENT N0. 1; Also, a strip of land 20 feet in width and adjacent to the following described line: Commencing at the Northeast corner of the Northwest 1/4 of Section 7, Township 3 Pdorth, Range 1 East, Boise Meridian, Ada County, Idaho, and running S. 0°34'58" W. 798.57 feet along the Easterly boundary of said North- west 1/4 of Section 7 to a point; thence N. 89°42'38" W. 13.07 feet to a point; thence S. 0°25'05" W. 109.98 feet to the TRUE POINT OF BEGINNING OF PERMANENT EASEMENT N0. 2; thence continuing S. 0°25'05" W. 144.90 feet to a point, said easement lying 5 feet Easterly of and 15 feet Westerly of the described line; thence N. 89°28'42" W. 114.31 feet to a point said easement being centered upon the described line and said point being the POINT OF ENDING OF PERMANENT EASEMENT NO . 2 ; EXCEPTING THEREFROM all existing right of way for Fivemile Creek. .. 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 Gran- tee, with [he free right of access to such facilities at any and all ti:aes. TO HAVE AIVD TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD ?.ND AGREED, by and between the parties hereto Lhat 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 the y 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- ment 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 adjacent to and Southerly of the above described permanent Easement No. 1; and A strip of land 30 feet in width adjacent to and Westerly and Southerly of the above described Permanent Easement No. 2. 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. ~, IT IS UNDERSTOOD and agreed that the Grantee will restore said strip to a condition comparable to that existent prior to t::e undert4riing or the construction cf such sanitary sewer Lire. The Grantors do_ hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of Land, and that theme ha ve a good and Lawful right [o convey said ease- ment, and that theme will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first hereinabove written Nora B. Overton Floyd T.: ohnson ~~ ti~ Rut I. Crow .~ ~ ,' _ Elnora L. Johnson - ' ~~ STATE OF IDAIiO ) ss County of ) Oa this ~ / day of in the year I9~~, before me the tlladersigned, a Notary Public in and for said State, personally appeared Thomas-.--~' -.-,f~vertca aed Nora B. - Overton, #~r~t~nn~ a ' F ,z ' 1-1--~e3a--aid Ruth T. ~'rOF~ ~±tc}»n~ _--__-~ F., A77!'t Fl ntirl T 7..1. ~ ni ~ ~ J 111LSV11 anu nlilUra ~'L JOhnSOn, husband and w;fa known to me to be the person swhose name s are subscribed to the foregoing instrument, and acknowledged to me that theme executed the same. ID1 WITNESS WHEREOF, Z have hereunto set my hand and affixed my official seal the day and year first above written. ~'/ L GiC~~-t~. Notary Public for the State of Idaho ~~$ E::oi~~EYy, ~~~, ~` ~5 Residing at 7~~~z~! Idaho Rsyues of t~yl- ~ TIME a +~• - - DATE pp ~~ CLAR~CE~A. PLA?+JTlt~l~ ~~~i3RDt r ~~ ~ ~~ ~/