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Sewer Easement with Evans, Leonard W. and Doris B. and Rees, James M. and Eleanor V. for Sewer Line Access~~ r~~`~ ~1~~`~~~~~3 St. YY Is Y~ ~..{'~iJ E1.fC~~" THIS Iiv'DF.NTURE, made this ~ ~ ~' ~ ,~~ day oL _ , 19~7~, betwee_i Leonard W..Evans and Doris B. Evans, husband and wife, and Jades li. Rees and Eleanor V__ Rees, husband and wife the part ies of the first part, and h~re~_nafter_ called the Grantors and the C~.ty of Meridian, State of Idaho, a :Luni~cipal corpora-- Lion, the party of^the second part, and hereinafter called the Grantee; WI 1,dES SETH WtiEP~EAS, the Grantor s desire to provide a sanitary sewer r~.ght- of-clay across the premises and property hereinafter particeiarly bounced and described; and WiIr1REP,.S, the sanitary sewer is to be provided for through an under- ground pipeline to be constructed by the Grantee; and WHEI.EAS, it will be necessary to maintain and service said pipeline from tine to time by the Grantee; PIQW, THEREFORE, in consideration of the benefits to be received by the Grantors and for the sum ~~f Ten Dollars ($10.00) and other good and valuable consideration, the Gra;ator s do_ k-.ereby gimme, grant and convey unto the Grantee the right-of-way far an easement for the construction, operation and maintenance of a :sanitary sewer line over and across the following described property: Commencing at the Southwest. corner of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada Cour,.ty, Idaho, and running N. 0°18'34" E. 1324.22 feet along the Westerly boundary of Lot 7 of said Section 6 to a point on the Northerly boundary of said Lot 7, Section 6; thence N. 89°08'51" E. 1199.93 feet along the said Northerly boundary of ~ Lot 7, Section 6, 'to the TRUE POINT OF BEGINNING OF PERMANENT EASEMENT N0. 1; thence S. 89°08'51" W. 953.61 feet along the said Northerly .boundary of Lot 7, Section 6, to a point, said easement being 10 feet in width adjacent to and Southerly o~ the described line; thence S. 7°52'24"E. 212.42 feet to a point, said easement being 20 feet in width lying 5 feet Westerly of and 15 feet Easterly of the described line; thence S. 52°57'36" E. 586.97 feet to a point, said easement being 20 feet in width lying 5 feet Southwesterly of and 15 feet Northeasterly of the described r 11'.":e ; thence S. _',7°02'24" W. 35.00 feet more or less, to a point on the approxi-- mate centerl.i.re of Fivemile Creek, said easement being 20 feet in width centered upon the described line, and said point being the POINT OF ENDING OF PEi;'.~L^~1\F:iv'T EASEA`~ENT N0, l; thence N. 37°02'24" E. 35.00 feet, more or less, to the TP\JE POINT OF BEGINNING OF P1i:RT•1ANE~:N'' EASEMENT N0. 2; thence S. 52°57'36" E. 457.91 feet to a point, said easement being 20 feet in width lying 5 feet Southwesterly of and 15 feet Northeasterly of the des- cri_bed line; thence S. 71°49'16" E. 122.73 feet to a point, said easement being 20 feet in width lying 5 feet Southwesterly of and 15 feet Northeasterly of the described line, and said point being the POINT OF ENDING OF PEPtit•~NENT EASEMENT N0. 2; EXCEPTING THEREFROM all existing right-of-o~ay for Fivemile Creek. The easement hereby granted is far the purpose of construction and operatj_on of a sanitary sewer line acid 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 T'0 HOLD, the said easement and right-of-v;ay unto the said Grantee, its successors and assigns forever. IT IS EY.F'RESSLY Uiv'DERSTOOD AND AGREED, by and between the parties 'i:ereto 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 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- ment for the purposes stated herein. IT IS HEREBY FliRTHER 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 ir. ~-rid t'? adjacent to and Southerly of file first segment of Permanent Easement D]o. 1; adjacent to and Easterly of the second segment of Permanent Easement No. l; adjacent to and Northeasterly of the third segment of_ Permanent Easement No. 1; two strips of land each 15 feet in width adjacent to and on both sides of the fourth segment of Permanent Easement No. l; and. a strip of land 30 feet in width adjacent to and Northeasterly of Permanent Easement PTO. 2. IT IS UNDERSTGOD 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 campleted. ' 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 theme are lawfully seized and possessed of the aforementioned and described tract of land, and that they have 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 parties of the first part have hereunto subscribed their signatures the day a __y nand W. Evan first hereinabove written s M. ~~~ ~ ~~ Doris B. Evans ~~ Eleanor V. Rees STATE OF ID~;~;O ) ss waunty cf ~") Qn this ~~ '~ /da,~ of -~/b in t?ie year 19 -~ -- ~, before me the trnder,a.gned, a. Notary Public in and for said State, personally appeared Jams r1. Ree`SF,:ina }~1 e3nor V. Lees, husband and ~:aife - ----- --~ kiloum to me to be the person s whose na;aes are subscribed fio tlae foregoing instrtrrnent, and acknoj,~ledged to me that theme executed the same e IN WITNESS Fn~E~~EOF, I have hereunto set my hand and affixed my offiei.al seal the day and year first above written. ~~~~ ~ ~ ~~ Notary Public for the State of Idaho Residing at ;~~~ ~ , Idaho STATE OF IDAHO ) ss County of ~ On this may of _~ v ~, r in the ear 197 dd ~~- Y Cam, before me the undersigned, a Notary Public in and for said State, personally appeared Leonard t,1. Evans and Doris B. Evans, husband and wife known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that theme executed the same, IN WITNESS WHE:tEOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~' ~ /~ Notary Public for the State of Idaho Residing at .~~L Idaho ~4da county, Idaho, 3 u t of `t~~~ , TIME M. DATE~_ 9, ~~ CLAREPdCE A. ^LANTING RE RDtR BY De uty '~"~dp/