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Boesiger, Max A. for sewer line access and maintenance SEWER EASE`~rr ~'BIS INDENTURE, made this /~ day of 19 78, between Max A. Boesiger the party of the first part, and hereinafter called the Grantor and the City of Meridian, State of Idaho, a municipal corpora- tion, the party of the second part, and hereinafter called the Grantee; WZTNESSETH WHEREAS, the Grantor desires to provide a sanitary sewer right- of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an under- gzound pipeline to be constructed by the Grantee; and W'FiEFEAS, it will be necessary to maintain and service said pipeline from tine to time by the Grantee; ROW, THEREFORE, in consideration of the benefits to be received by the Grantor and for the sum of Ten Dollars ($10.00) and other good and valuable consideration, the Grantor do es 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 Northeasterly 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 One-Quarter of Section Z, said point being the POINT OF ENDING OF THE EASEMENT, said point being S. 0°15' 38" W. 1329.03 £eet 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- fee, raith the free right/of access to such facilities at any and all times. TO SAVE AID TO MOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT iS EXPRESSLY UNDERSTOOD p.ND AGREED, by and between the parties hereto that the Grantee swill timely complete the work of laying the •aanitary sewer line and restore the premises used therefor to a condi- tion comparable with that existing prior to exercising this easement; that in IIsaking 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 GRANTOR hereby covenants and agrees that _he 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 HEP.EBY FURTHER AGREED that the Grantor_ does 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. IT ZS 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 Grantor does hereby covenant with the Grantee that _he_ is lawfully seized and possessed of the aforementioned and described tract of laced, and that he has a good and lawful-right to convey said ease- ment, and that he will warrant and forever defend .the title and quiet possession thereof aga_nst the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said partY_ of the first part has hereunto subscribed his signature the day and year first hereinabove written STATE.OF IDAHO } ss County o f ~ ~~~ ) On this ~ day of ~ in the year 19 7~, before me the tmdersigned, a Notary Public in and for said State, personally appeared Max A. Boesiger J , known to me to be the person whose name ~ subscribed to the foregoing instrument, and acknowledged to me that he executed the same. - IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Ada County, I aho, ss, _ _.~!~t' quest of • /~ ~~;~~~ ~ ~~~ ~ ~ Notary Public ror the State of Idaho TirnE 9 ~ d G~, '~: Residing at ~ Idaho DATA _ pp -7 CLACK A.?; A TfPdG RE_C;Sy~L~R Qy ~ Deputy