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Dillabaugh, Belle and Tully, James for Sewer Line Access~:~ ' ~- ,.~, '78t~1~1 S~aWER EASE:•1E:+T 7~DIS INDENTURE, made this _~~~ day of Q , 19~, between Belle Dillabaugh and James Tully the part ies of the first part, and hereinafter called the Grantor s, and r_he City of Neri.dian, State of Idaho, a municipal corpora- ti.on, the party of the second part, and hereinafter called the Grantee; WITNTES SETH WiiEREA.S, the Grantor s desire to provide a sanitary sewer right- of-way across the premises 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 ~~EAS, it will be necessary to maintain and service said pipeline from tine to time by the Grantee; hOW, THI".:R,EFURE, 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 Grantor s do_ rereby gimme, 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 lying 5 feet Southerly and Westerly of and 15 feet Norther ly and Easterly of the following described line: Commencing at the Southwest corner of the Northwest one-quarter of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and running N. 0°00'29" W. 1332.93 feet along the Westerly boundary of said Northwest one-quarter of Section 1, to the Northwest corner of the SW 1/4 NW 1/4, said Section l;. thence S. 89°15'40" E. 81.69 feet along the Northerly ,boundary of the said SW 1/4 NGI 1/4, Section 1, to the TRUE POINT OF BEGINNING Or THE EASEMENT; thence S. 0°26'04" W. 296.51 feet•to a point; ` thence S. 32°37'02" E. 118.13 feet to a point; thence S. 57°12'23" F.. 1409.48 feet, more or less, to a point on the Easterly boundary of the said SW 1/4 Ned 1/4, Section 1, said point also being the POINT OF ENDING OF Ti1E. EASEMENT, said point being N. 0°03'29" E. 185.36 feet from the Southeast corner of the Southwest one-quarter of the Northwest one-quarter of Section 1; EXCEPTING THEREFROM all existing rights of way f_or~ 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 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. THE GRANTORS hereby covenant` and agree thatt hem 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- tgent for the purposes stated herein. ZT 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 Northeasterly from 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. Provided, however, that all privately owned bridges and/or stream crossings shall not be used by the contractor unless the contractor obtains approval of the owner. ~, STATE OF IDAHO) ss. COUNTY OF ADA ) On this G ~h day of ~~,~, f V 1977 , before me, the undersigned, a Notary Public in a d r (said State, personally JAMESTTULLY and ~r.'~V L. ~ ~t1( known to me to be the persons whose named a e subscribed t the foregoing instrument, and acknowledged to me that ~he y_ executed the same. TIN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (LAL) CJ~, ,~ ~, Ej ~.~ d~~, ~`~ ~~' ~- ' {1.1 w ~.~ . ~:.~ •' ~. ~ ~'. Not y Public for Idaho] Res dence: Meridian, Idaho STATE OF IDAHO, COUNTY OF ADA, s~ ' ed for record at the request of G!J _ 4~ v Min. pas o'clock M. this -~~.day of lg~~ IARENCE A. PLA' 1 Record ~ > Deputy 7"'' ~ STATE OF IDAHO) . ss, COUNTY OF ADA ) On this G'fy day of ~k ~V 1977, before me, the undersigned, a Notary Publi~cl in and of r said State, personally JAMESTTULLY and I3G (T V L . ~ ~~~( known to me to be the person whose name a e subscribed tq'the foregoing instrument, and acknowledged to me that `t~e~ executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (S. AL) C'" "'t Not Public for Idaho Y ~ "~~ r~'" Res deuce : Meridian, daho c,~,Jla~a,~k,~E, _ '~ i'`a 'T' ;` :,~J - r i `) ~. ~~ ' ' STATE OF IDAHO, COUNT'f OF ADA, ss . ~:.) ~ `'.'+ ~ ~ for record at the request of (,~/, d Min. pas o'clock M.this w ,L~.day of 19 LARENCE q, pL.A Record \ '`'~ laY Deput,~i