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Sewer Easement with Huskey, Leonard R. for Sewer Line Access• ~, `_-,t ~~1819 vEI•~TP. E.1SF.~IvT THIS INDENTURE, made this ~.~,~- da of y , 19~ between Lenard R. Huskey the part~sof the first part, and hereinafter called the Grantors and the City of Meridian, State of Idaho, a municipal corpora- Lion, the party of the second part, and hereinafter called the Grantee; WITNESSETH WHEREAS, the Grantor t desires to provide a sanitary sewer right- of- way across the premises and property hereinafter particularly bounded and described; and [dHEREAS, the sanitary sewer is to be provided for through an under- ground pipeline to be constructed by the Grantee; and WHE1?`EAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; IdOW, THEREFORE, in consideration of the benefits to be received by the Grantor, 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 construction, operation and maintenance of a sanitary sewer line over and across the following described property: A strip of land 20 feet in width centered upon the following described line: Commencing at the Southwest corner of Section 35, Toumship 4 North, Range 1 West, Boa_se Meridian, Ada County, Idaho, and running N. 0°53'14" E. 1156.30 feet along the Westerly boundary of said Section 35, which is also the said centerline of Tenmile Road, to the TRUE POINT OF BEGINNING OF THE EASEMENT; thence S. 59°07'09" E. 480.43 feet to a point; thence S. 80°32'47" E. 9]_2.78 feet more or less tc a point on the ~~'esterly boundary of the SW 1/4'SW 1/4, said Section 35, said point also being the POINT OF ENDING OF THE EASEMENT, said point being S. 89°15'41." E. 1321.69 feet and. N. 0°4U`02" E. 776.74 feet from the said Southwest cerner of "ection 35; EXCEPTING THEREFROM al.i existing rights of wa.y for Tenmile Road, Creason Lateral, and Fivernile 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 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 ~.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. TAE GRANTORi hereby c~ovenant~ 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 ease- naent for the purposes stated herein. IT IS HEREBY FURTHER AGREED that the Grantors dot,a 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. 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. i~- 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 sanitary sewer line. The Grantor t do`t hereby covenant with the Grantee that~he~ ~ ~_ lawfuL.ly seized and possessed of the aforementioned and described tract of land, and that phew ham a good and lawful right to convey said ease- went, and.that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said part ~sof the first part have hereunto subscribed ris signature the da and ~. y year first hereinabove written >`i Leonard P~. Huskey ~ __ STATE OF IDAHO ) County of Ada ) ss h! (?n this ~~ day of in the year 19~, before me the undersigned, a Notary Public in and for said State, personally appeared Leonard R. Huskey J known to me to be the person; whose na;,ie~ ~ subscribed to the foregoing instrument, and acknowledged to me that the! executed the same. Nota y Publ' for the State o Idaho n t~ ~ '_ ~ Res ding at Idaho y r ,~,_,",~ IId WITNESS WHEREOF, I have hereunto set my hand and affixed my of ~~tC~i~~l..,seal the day and year first above written. ?, ~ ~ r'~ ~',, ~ ~ 17 • , 4~ ~• ~. Y ~ -. v ~ k `° ~~ a ..w STATE OF IDAHO, COUNTY OF ADA, s. % ~ filed for record at the request of - o _ Min. pas 'cio; k_ M. this day of 1 , G' AFEfJ~PLAPJTING,~Recorder ~~ 6y ~ °~ Deputy( ~~