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Sewer Easement with Ryska, Hazel L. aka Hedges, Hazel L. for Sewer Accessi~~ SE~ti~R EASE:~IE:iT TI3TS II3DE2ITURE, made this ~~day of J_9~, between r:[az,e]~L. Ryska_ ' per' L , ~{ ~f~4G~ the party_ of the first part, and hereinafter called the Grantor, and the City of Meridian, State of Idaho, a municipal cor~ora- Lion, the party of the second par*_, and hereinafter called. the Grantee; WITNESSETH WfiEREAS, the Grantor desires to provide a sani.taxy sewer ri.ght- of- way across the premises and property hereinafter particularly bounded and described; and WF3EREAS, the sanitary sewer is to be provided for through an under- g<rouzid pipeline to be constructed by the Grantee; and LIHr,F~Ei~.S, it will be necessary to maintain and service said pipeline from tine to time by the Grantee; NOW, TIIEREFORE, 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 con.siderat-ion, the Grantor do es hereby give, grant and convey unto the Grantee the right-of-way for an easement for the consr_ruction, operation and maintenance of a sanitary sewer line over and across the following described property: Permanent Easement No. 1 Commencing at the Southwest corner of the Southeast one-quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and running N. 0°26'49" E. 224.60 feet along the Westerly boundary of said Southeast one-quarter of Section 35 to the TRUE POINT OF BEGINNING OF THE EASEMENT; thence S. 63°10`59" E. 301.32 feet to a point, said easement being 20 feet in width lying 5 feet Southwesterly and 15 feet Northeasterly of the described line; thence S. 88°11'20" E. 663.16 feet to a point, said easement being 20 feet in width lying ~ feet Southerly and 15 feet Norhterly of the described line; thence S. 1°C3'43" W. 80.00 feet to a point on .the Southerly boundary of the said SE 1/4, Section 35, said easement being 20 feet in width and centered upon the described liize, and said point being the POINT OF ENDING OF THE EASEMENT which is N. 89°14'4T" Gd. 1711.20 feet from the Southeast corner of said Section 35; F'XCEPTING THEREF'ROP~I aJ.l existing r. fights of way for Fivemile Creek and Usticlc Road. Permanent Easement No. 2 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 Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and running S.'0°24'34" E. 131.5.00 feet along the Ea~.terly boundary of the Northeast one-quarter of. said Section 3 to the TRUE PGI'~T OF BEGINNING OF THE EASEI~iENT; thence N. 89°17'08" W. 34.98 feet to a point; Permanent Easement No. 2 - Continued thence N. 49°42`44" ion. 152.10 feet to a point; thence N. 32°34'36" W. 775.11 feet more or less to the POINT OF EATDING OF THE EASEMENT, said point being S. 45°44'21" W. 806.71 feet from the said Northeast corner of Section 3; EXCEPTING THEREFROM ai"1 existing rights of way for Ninemile Creek and Tenmile Road. 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 RAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assa.gns 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 premises to a condition comparable to that existent prior to under- taking such repairs and replacements. THE GRANTOR hereby covenants and agrees that she_ 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- spent for the purposes stated herein. IT IS HEREBY 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: Temporary Easement No. 1 A strip of land 30 feet in width adjacent to and Northerly of the first two segments of permanent easement No. 1 as herein above described; and two strips of land each .l5 feet in width adjacent to and on either side of the third segment of permanent easement No. 1 as herein above described. Temporary Easement No. 2 A strip of land 30 feet in width adjacent to and Northeasterly of . permanent easement No. 2. 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 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 Grantor does hereby covenant with the Grantee that she is lawfully seized and possessed of the aforementioned and described tract of land, and that she has a good and lawful right to convey said ease- ment, and that she will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said party of the first part has hereunto subscribed hersignature_ the day and year first hereinabove written r~ ~/ /T ~ ~ a ~ O~~~W~C/ P~d~ STATE OF IDAHO ) s5 County of Ada ) on this 2 9' aay of in the ear 19~ y before me the undersigned, a Notary Public in and for said State, personally appeared Hazel L. Ryska ~~~~/q NH' ~~ / C. ~/~a~ce-s J known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same. ,,. •' t~I;h~,',~%r~C'~I1ESS WHEREOF, I have hereunto set my hand and affixed my off t,cy.r`~h~~e,~1~- the day and year first above written. .i .~i ~' w ., 1` ~.' h l,j ti, .•~'~ Nota Public for they State of daho ' ~~ Res ing at Idaho STATE OF IDANO, COl1NTY OF AAA. (s~~ Filed for record at t/he'rc ~,!~^st cf 6d^."°Sy~ ------~'" G~U Min. past~o'ciock~ P,1. tiffs day oflg~ LARENCE A. PLANTIN Recorder ~ ~ Deputy