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Sewer Easement with Nyborg, Glenn and Mildred for Sewer Line Access.,, .- -~; ,.vr ~ .. ~' '78~i$23 • SEWER EASEMENT '~"3IS INDENTURE, made this ~_ day of ~~~~.;,~~i , I9 7 7, between Glenn Nvb~r~ and Mildred Nvborc the parties of the first part, and hereinafter called the Grantors and the City of Meridian, State of Idaho, a municipal corpora- tion, the party of t:~e second part, and hereinafter called the Grantee; WITNESSETH WHEREAS, the Grantor s desire to provide a sanitary sewer right- o~way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an under- ground pipeline to be constructed by the Grantee; and ~'~FQG, it will be necessary to maintain and service said pipeline from tine to time 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 Grantors do hereby give, grant and convey unto the Grantee the right-of-way fer an easement for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: A parcel of land in the Southwest corner of the North Half of the Southeast One-Quarter of Section 2, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northwest corner of the Southeast One-Quarter of Section 2, T. 3 N., R~. 1 W., B. M., and running S. 0°15'38" W. 1309.74 feet along the Westerly boundary of the said Southeast One-Quarter of Section 2 to the TRUE POINT OF BEGINNING; thence continuing S. 0°15'38" W. 24.91 feet to the Southwest corner of the North Half of said Southeast One-Quarter of Ser_tion 2; thence S. 89°23'G9" E. 31.13 feet along the Southerly boundary of said North Half of the Southeast One-Quarter of Section 2 to a point; thence N. 50°47'40" W. 40.03 feet to the point~of beginning. ,, .. r The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line aad allied facilities, together with their maintenance, repair, and replacement at the convenience of the Gran- Xee, 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 gremises to a condition comparable to that existent prior to under- taking such repairs and replacements. TSE GRANTORS hereby covenant- and agree thatt hey 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 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: Commencing at the Northwest corner of the Southeast One-Quarter of Section 2, T. 3 N., R. 1 W., B.M., Ada County, Idaho and running S. 0°15'38" W. 1271.17 feet along the Westerly boundary of the said Southeast One-Quarter of Section 2 to the TRUE POINT OF BEGINNING; thence continuing S. 0°15'38" W. 38.57 feet to a point; thence S. 50°47'40" E. 40.03 feet along the Northeasterly boundary of the above described permanent easement to a point on the Southerly boundary of the North One-Half of the Southeast One-Quarter of Section 2; thence S. 89°23'09" E. 48.10 feet along the Southerly boundary of the North One- ' Half of the Southeast One-Quarter of Section 2 to a point; thence N. 50°47'40" W. 101.86 feet to the point'of beginning. IT IS UNDERSTOOD that the strip of land described in the previous paragraph is for the purpose of construct~.ng said sanitary sewer line herein described, the same to expire when the initial construction is completed. ~. I ~ r IT IS IINDERSTOOD 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 Grantor s do_ hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that hex hays 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 parties of the first part have hereunto subscribed their signatures the day and year first hereinabove written Glenn Nyborg ~: ~~ -~ ~ ~-~~ ~ 1 / ~/t- '~i~(%1 E Mildred Nyborg STATE OF IDAHO ) County o f ~~~ ) S$ On this J1~ day of ,,i 6~~ in the year 19.77, before me the undersigned, a Notary Public in and for said State, personally appeared Glenn Nyborg and Mildred Nyborg l known to me to be the person whose names are subscribed to the foregoing instrument, and acknowledged to me that theme executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. - ,,~,,:,.,,, Notary Public for the State of Zdaho Residing at /~Qas-.oa _ Idaho -~ ,.' ^ ,.. ~ r ~ e, } y..r~ _. '~ - ~ STATE OF IDAHO COU"JT~' OF ADA, ss.- ~,d' for record .a t ~e i ~~~t of c~N1in. pasthio ~ o ', P,~. t' Is ~~ --da" of- 19 .. ~ LA i=N_ E A. PLAN~FW6;~corder ~ ~ ~