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Sewer Easement with Sindon, Wilfred P. and Evelyn for Sewer Access~. r. SEWEr^^. EASE:•fENT THIS INDENTURE, made this ~~ da of '~ ~;,,,:t ~ y 1.9~, between Wilfred F. Sindon and Evel tyt Si.ndon, husband and wife, the parties of the first part, and hereinafter called the Grantors and the City of I~er~c?ian, State of Naha, a mu,icipal. corc~ora- tion, the party of the second part, and hereinafter called the Grantee; WTTNESSETH WHEREAS, the Grantors desire to provide a sanitary sewer right- of- way across the pre~uises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided far through an under- ground pipeline to be constructed by the Grantee; and hIFiEFEAS, it will be necessary to maintain and service said pipeline f~~•a: t:d.:.~ tc ti::,.e by the ura.~;ee; NOtJ, THEREFORE, 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 Y.ereby give, grant and convey unto the Grantee the right-of-way for an easement far 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. Northwest corner of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho,_and running S. 0°00'29" E. 528.98 feet along the Westerly boundary of the Northwest one-quarter of said Section 1 to the TRUE POINT OF BEGINNING OF THE EASEMENT; thence S. 32°54'29" E. 160.39 feet to a point; thence S. 0°26'04",~aT. 20.86 feet, more or lees to a point on the Souther.l_y boundary of the N 1/2 of Lot 4, said Section i, said point also being the POINT OF ENDING OF THE EASEMENT; EXCEPTING THEREFROM all existing rights of way for Fivemile Creek, Creason Lateral, and Linder Road. ,~ 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 a,'v'D AGREED, by and between the parties hereto that the Grantee will timAly complete the work of laying the sanitary sewer line alld 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 S hereby covenant- and agree that they 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- n4ent for the purposes stated herein. IT IS HEREBY FURTHER AGREED that the Grantors do hereby give and u.... ,.. ~rart`a the iioht. t0 ~'.:ue iau~ing 21:illal COn:~%rill.t`.:LUIi Srl additional strip of land described as follows: Two strips of land 15 feet in width adjacent to and on either side 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 s do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned a.nd described tract of land, and that they have a good and lawful right to convey said ease- ment, and that they will warrant and forever defend the title and quiet possession thereof against the J.awful claims of all FeYsons whomsoever. I.?~ WITNESS k'HEREOF, the said partl PG of the first part hays hereunto subscribed their signatures the day and year first hereinabove written 47ilfre -~. Sindon ~~ (~ ~ (~, Evelyn Sind'n STATE OF IDAHO- ) On this / ~~ day of ' u '~ - / in the year 19~, before me the (. undersigned, a Notary Public in and for said State, personally appeared Wilfred P. Sindon and Evelyn Sindon, husband and wife, i known to me to be the perscns whose names are subscribed •~t©••'t`,~a.e,, foregoing instrument, and acknowledged to me that they executed - - the same: ^,,~ _ ~ ~' • ~y~N~Wi'INESS WHEREOF, I have hereunto set my hand and affixed my ~.or'fi~iai seal the day and year rirst above written. !, 4'~; V ~, i., ~ y ~ _~~ . ~~ r Sr a7Q, I~tota~-, Prrhl , for the State of~-IdafiT- ~'Z % s~ ~ Residing at ~~~~, ~~_ , i ~~ STA1E OF IDAHO. COUNTY OF A ~ 1 re ,pest of ~ / ~Zy et-(/~~'~_,,,`_ Filed for record at the q~ ~ ~,~ this /-~- .,~ ~o'_Iu ~ r Min. pas /~ ~p,~,~1~~a...,; .. / /r./.`,`.~.'~dt~,E A. FLOC //: _ ~.~ _-Deputy