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Sewer Easement with Tromburg, John R. and Blanche and Gentry, Allen and Mabel for Sewer Access.: r _ ,~.,p-_ .~ '78rli1~3Qr ~ © i - SEWER E.4SEifEiv`T THIS INDENTURE, made this ~~ day of I9 7 7, between John R. Trombu~:g_and Blanche Tromburc husband and wife and A11en Gentryand husb d and w~.fe. Mabel Gentry, ~'e part iesof 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 Bart, and hereinafter called the Grantee; WITNESSETH SdHF.RF.AS ~ the Grantor s desire to provide a sanitary sewer ri_ght- ofi-way across the premises and property hereinafter particularly bo4-nded and described; and YgERFaS, the sanitary sewer is to be provided for through an under- ground pipeline to be constructed by the Grantee; aad TiTf~F.RR4S~ it will be necessary to maintain aad service said pipeline from tine to tine by the Grantee; NQW, THEREFORE, 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 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 adjacent to and lying•S feet Easterly and Northerly of and 15 feet Westerly and Southerly of the following described line: Commencing at the Northeast corner of the Northwest 1/4 of Section 7, Township 3 Plorth, Range 1 East, Boise Meridian, Ada County, Idaho, and running S. 88° 35' 49" W. 363.34 feet along the Northerly boundary of said Northwest 1/4 of Section 7 to the TRUE POINT OF EEGINNING OF PERMANENT EASEMENT N0. 1; thence S. 14° 37' 21" E. 53.48 feet to a point; - thence S. 1° 1~3' S3" W. 332.22 feet tv a point; thence S. 62° O1' 22" E. 381.99 feet to a point; - thence S. 0° 25' 05" W. 226.49 feet to a point; - thence S. 89° 42' 38" E. 13.07 feet to the POINT OF ENDING OF PERMANENT EASEMENT N0. 1 on the Easterly boundary of said North rest 1/4 of Section 7, said point being S. 0°34'58" W. 798.57 feet from the Northeast corner of said Northwest 1/4, Section 7; thence N. 89°42'38" W. 13.07 feet to the TRUE POINT OF BEGINNING OF PERK°1A- NENT EASEMENT N0. 2; thence S. 0°25'05" W. 109.98 feet to the POINT OF.ENDING OF PERMANENT EASEMENT N0. 2 ; EXCEPTING THEREFROM all existing rights of way for Fairview Avenue and Fiveiaile Creek. • is 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 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- meat 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 Westerly and Southerly of the above described Permanent Easement No. l; and a strip of land 30 feet in width adjacent to and Westerly of 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 the undertaking of the construction of such sanitary sewer line. 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 the yha ve 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 lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said part ies of the first part have hereunto subscribed theirsignature sthe day and year first hereinabove written >---- f John R. Tromburg Al en Gentry U Blanche Tromburg STATE OF IDAHO ) ss County o f /~~ ~ ) ~' ~~ entry Oa this /-¢ day of ~~~ ti,-#.n the year 19~, before me the undersigned, a Notary Public in and for said State, personally appeared John R. Tromburg and Blanche Tromburg, husband and wife known to me to be the persons whose name s are subscribed to the foregoing instrument, and acknowledged to me thatt heY executed the same. IN WITNESS WHER°OF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,,, ,. • ~~.~ _~ -;`r . ~y ; ~ ,~;'•Y ~`-- Notary Public for the State of Idaho _ ~ Residing at ~ Idaho ~~ , • ,~ ,~~ 1, ~,i }.t _ ' ~ ; "; U a i STATE OF IDAHO ) ss County of ) Oa this ~_ day of .1%P~~~~ in the year 19 ~ 7 before me the undersigned, a Notary Public in and for said State, personally appeared Allen Gentry and Mabel Gentry, husband and wife known to me to be the person s whose names are sub- scribed to the foregoing instrument, and acknowledged to me that the Y executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Y ;,, % ~° o.. r _ ~ x.~.., ' r„ ~, ~ :~. ~~ .~ ti ~ , ., Notary Public for the State of Idaho Residing at ~~_~, Idaho STATE OF IDAHO, COUNTY OF ADAjj,,~ ~ Filed for record at//them~e request of ~d .~~ Min. pasf/~' o'clock - M ~~C AREN E A. P~ i ~~day of 19~ ~, Record° Deputy ~. S'