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Sewer Easement with Kellogg, James R. for Sewer Line Accesss ,s.w . r.r SEWER EASE:~iENT THIS II~'DENTURE, made this day of lg between James R. Keilo a single man., the part y of the first part, and hereinafter called the Grantor, and the City of Meridian, State of Idaho, a municipal corpora- , tion, the party of the second part, and hereinafter called the Grantee; WITNESSETH WHEREAS, the Grantor desires to provide a sanitary sewer ri_ght- of way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an under- ground pipeline to be constructed by the Grantee; and FIf~FA~, it will be necessary to maintain and service said pipeline from time to time by the Grantee; PIOW, 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 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 sanitary sewer line over and across the following describefl property: ~ O A strip of land 20 feet in width lying 5 feet Westerly of and 15 feet Easterly of the following described line: Commencing at the Northwest corner of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and running S. 0°00'20" E. (formerly described as S. 0°15'55" E.) 683.43 feet along the Westerly boundary of the Northwest one-quarter of said Section 1; thence S. 88°54'24" E. (formerly described as S. 89°09'10" E.) 86.97 feet to the TRUE POINT OF BEGINNING OF THE EASEMENT; thence S. 0°26'04" W. 227.69 feet, more or less, to the POINT OF ENDING OF THE EASEMENT; EXCEPTING THEREFROM all existing rights of way for Fivemile Creek and Creason Lateral. 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 FiOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD ?.I~1D 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 GRANTOR hereby covenant s and agrees thar_ 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- mint for the purposes stated herein. IT IS HEREBY FURTHER AGREED that the Grantor does 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 Easterly 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. 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 does hereby covenant with the Grantee that he is lawfully seined and possessed of the aforementioned and described tract of land, and that he has a good and lawful right to convey said ease- ment, and that he will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WN~REOF, the said party of the first part ha s hereunto subscribed },ice signature the day and year first hereinabove written James R. Kellogg STATE OF IDAHO ) County of Ada ) ss On this ~ day of in the year 19~, before me the undersigned, a Notary Public in and for said State, personally appeared James R. Kellogg -- known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my off.€~:~~'~.~,~..: the day and year first above written. ' f. 9 ~' ~. +.~. T.. , ~ 1 ~^- +- ..~ ~. ' ~ ~ Nota y Public for the. State o Idaho ~ ~~ Res ding at ~~j~j~/j~,,,, Idaho .r er ~; STATE OF IDAHO, COilNTY OF ADA, s. ' Fi d for record at the request of // ~~} > ~ ci Min. pastLc~o'cloc M. this 11-day of Y9 C RENCE A. P ecorder ~ ~ ~..~--1-Deputy By ~ ~ .