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Sewer Easement with Kimmel, Alma Potts and Fairchild, James Bartley and Fairchild, Patricia Joan and Brandt, Leroy E. for Sewer Line Access+ ~~ ~ :I e y 7 ~r 'i'~~'~l+U':i1 SEWER EAS~IENT ., CIS INDENTURE, made thisy~f ~ day of , !.~~~.... 29y~between Alma Potts Kimr'~tl, James Bartle _F~irchild and Patricia Joan Fa rchild, husband and wife, i.eroy E. Brandt, arxd• -B«..a~,d_ B; --~'c': the parties of the first part, and 'Hereinafter called t:'.e Grantors , and the City of N:eridian, State of Idaho, a municipal corpora- tion, the party of the second part, and hereinafter called the Grantee; WITNESSETH WEIEREAS, the Grantor s desire to provide a sanitary sewer right- of-way across the premises and property hereinafter particularly bounded and described; and ii!fiF~EAS, the sanitary sewer is to be provided for through an under- ground pipeline to be constructed by the Grantee; and WHEREAS, it will be necessary to maintain and service said pipeline from tine to tine by the Grantee; DTOW, THEREFORE, in consideration of the benefits to be received by the Grantor s, and far 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 lying 5 feet Southwesterly of and 15 feet Norttleasterly of the following described line: Commencing at the Northeast corner of the Southwest One-Quarter of Section 2, Township 3~North, Range 1 West, Boise Meridian, Ada County, Idaho, and running N. 89°12'32" W. 769.99 feet along the Northerly boundary of the said Southwest One- Quarter of Section 2 to the TRUE POINT OF BEGINNING OF THE EASEMENT; thence S. 20°10'49" E. 999.97 feet to a point; thence S. 44°48'00" E. 440.28 feet to a point; thence S. 50°47'40" E. 140.24 feet to a point on the Easterly boundary of the said Southwest Gne-Quarter of Section 2, said point being the POINT OF ENDIPdG OF THE EASEMENT, said point being S. 0°15' 38" W. 1329.03 feet from the said Northeast corner of the Southwest One-Quarter of Section 2; EXCEPTING THEREFROM all existing right of way for Ninemile 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 E~RESSLY UNDERSTOOD p.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- went for the purposes stated herein. IT IS HEREBY FURTHER AGREED that the Grantor s 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 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. , i .-t.. TT 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 Iand, and that the Y ha Ve a good and lawful right to convey said ease- ment, and that theme will warrant and forever defend the title and quiet possession thereof against the lawful claims of alI persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part ha~,g hereunto subscribed fir signature sthe day and year first hereinabove written ~~ :/~~ >~/ ,. !~ , ; ,c~~~~ ~-yy_ ~~ ~~ , „/II / ~ ~ - Alma Potts Kimmel James Barth Fa rchild ~ i~ c Leroy E, Brandt Patricia Joa~%Fairchild B--an~t--$,---Ire De~x~s--~4r-Baker, President AiaA_`~,:~--B6esiger~_ See-retary STATE aF IDAHO ) ss County o f ~ ~ . _ ) Oa this ~ day of in the year 19~~, before me the undersigned, a Notary Public in and for said State, personally appeared . Leroy E. Brandt knows to me to be the person whose name ;.,_ subscribed to the foregoing instrument, and acknowledged to me that he executed the same. _ III 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 ~% ~ , Idaho STATE OF IDAHO ) ss County of ) On this ~/ day of.L~~ .{,-in the year 19 77, before me the undersigned, a Notary Public in and for said State, personally appeared James Bartley Fairchild and Patricia Joan Fairchild, husband ~ ~.,i~P , 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 Idaho Ada County, Pdanop s~. Request of . TIM -___.._.___ ~~, DATE CLAREf `,,E t.A~lT1i~i~ ~ . .. ECC'i~,~~t ~ - t STATE OF IDAHO ) County of ) On this day of ~p~,~ __~,~,~ in the year 19~_, before me the undersigned, a Notary Public in and for said State, personally appeared Dwight Potts known to me to be the person whose name is sub- scribed to the within instrument as the attorney in fact of Alma Potts Kimmel, and acknowledged to me that he subscribed the name of Alma Potts Kimmel thereto as principal, and his own name as attorney in fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. STATE OF IDAHO ) ss County of ) Notary Public for the State of Idaho Residing at yf~z_ , Idaho On this day of in the year 19 before me the undersigned, a *.dotary Public in and for said State, personally appeared Dennis I1. Baker known to me to be the President and ~1ax A. R~ GigPr , known to me to be the Secretary of R and u ~- Snc. , the Corporation that executed the within instrument, and. acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have unto set my hand and affixed my official seal the day and year first above written. Ada County, ideha, ss. quest of TIh7E ~ddL(~ DATE `a9_ *~ ~~ ~~ ~~ Notary Public for the State of Idaho Residing at Idaho