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Sewer Easement with Evans, Leonard W. and Doris B. for Sewer Line Accessr ,` '~b~r`~~lU~~~.~ JEW R LASE~,L:vT THIS INDENTUF,E, made this ,1 d.ay of 19 7~ betwee:i Leonard W.~~Evans and Doris B. Eva~is, husband and wife the parties of the first part, and hereinafter called tine Gra.ntar s , and the City of. Meridian, State of Idaho, a :aunicipal cor~pora- tion, the party of the second part, and hereinafter ca11_ed the Grantee; WIT'.dES SETH WHEFT 4S, the Grantors desire to provide a sanitary sewer ri.ght- of-way across the premises and property hereinafter particularly boLr_ded and described; and WHEREAS, the sanitary sewer is to be provided for through an under- ground pipeline to be constructed by the Grantee; and WHEF~EAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; hOW, THEitEFORF, 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_ 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: Commencing at the Southwest corner of Section 6, Township 3 Pdorth, Range 1 East, Boise Meridian, Ada County, Idaho, and running N. 88°35'49" E. 1232.60 feet along the Southerly boundary of said Section 6 to a point; thence N. 0°07'49", E. 419.57 feet to the TRUE POINT OF BEGINNING OF THE EASEMENT; thence S. 71°'49'16" E. 52.16 feet to a point, said easement being 20 feet in width lying 5 feet Southwesterly of and 15 feet Northeasterl.y.of the des- cribed line; thence N. 38°22'23" E. 57.50 feet to a point, said' easement being 20 feet in width centered upon the described line, and said point being the POINT OF ENDING 0~' THE EASEMENT; a EXCEPTING THEREFROM all existing right-of-way for Fivemile Creek. The ea~~erzent heret,y grzrnted i.s for ti:e pu_-~~ose of ccnstr~.;ction a.r;d ap::r.ation of a sanitary sealer lin.f' and aJ_lied facilities, t'Oge.tl:cr with their m:_t3_r.tenance, repair, a~;d r.epl.acemen4 at: the con•~er.ience of tho Gr.an-- ,tee, ~aj_th tl-ze free right of access ro such faci_li_t.ies at any and all ti;a.s. TO HAV}; A,D TO BOLD, the said easement and rigizt-of-~•ray unto tha said Grantee, its successors and assigns foreve>:. IP ZS E~H' ESS7,x t^7DERSTOOD /?'~D EIGREEI), by and bet~~:ecn the parties hereto that the Grrn'4ee t~~i.ll timo]_y cor:plete tho work of laying the ~an:itary sewer line and r.cstore the premises used therefor to a condi- lion cornaarab7_e wit:l-i that existing prior to elerc_i.sing this easement; ti.at in making future repairs the Grantee will expediently replace and restore the g~remises to a condition comparable to that e;istent prior tc under- taking such repairs and replacements. TIIE GI:A.'~TOR S her-eby covenant- and agree that t he__y will not place or al]_ow to be placed any permanent structures an the area described for this easement which would interfere with the use of said described ease- went for. the purposes stated herein. IT IS HEl'.}B1 FURTHER AGR~:ED 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 10 feet in width adjacent to and Southerly of the first segment of the above described permanent easement; and a strip of land 10 feet in width adjacent to and Southeasterly of the , second segment of the above described permanent easement. IT IS Ub1DF.RST00D 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 e~-pire when the initial construction is completed. t IT iS L'i~DERST00D and agreed that the Gr.anteL will restore said strap to a cond_ttion coruparable to that eai stem prior to fire vrtdertarcing of the construction of such sanitary sewer li~~c. The Grantors doi hereby covenant with the Grantee that they are lawfully seized and possessed of the aforeu?entiored and described tract of land, and that they have a good and lawful right to convey said ease-~ ment, and tt:at t~zey will. warrant and forever defend the title and quiet possession thereof against the lawful clams of all persons whomsoever. IN WITNESS WHERt;OF, the said part iesof the first part have hereunto subscribed their signatures the day and year first hereinabove written Leonard ~~. Evans Doris B. Evans STATE OF IDAHO j ss County of ~~, On this ~ day of ~~~,~~ in the year 19_x, before me the undersigned, a Notary Public in and for said State, personally appeared Leonard W. 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 WF.E:tEOF, I have hereunto set my hand and affixed my official seal the day and year first above written. -~ ~~~ ~ ~n Notary Public for the State of Idaho Residing at ~~ „~~~. Idaho i4da County, id ~ho~jss, R ue t ofr2,}'~~l ~ TIME CJ : co `~ M DATE~° CEARENC~ A. ~! ,'~iVTING RECORL~~R ~ ~ Deputy ~ ` / ~-