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Aldecoa, Maria Asumendi formerly known as Asumendi, Maria (2) for Sewer Line AccessI' ~~ w rr • ~ j • ~ ~•~, . ~~~SV~'~ ' SEi~]ER EAS~irNT ~` . 'PHIS INDENTURE, made this ~_ day of ~':=~- I9~, between Maria Asumendi Aldecoa, formerly known as Maria Asumendi the party___ of the first part, and hereinafter called the Grantor , and the City of Meridian, State of Zdaho, a municipal corpora- lion, the party of the second part, and hereinafter called the Grantee; WITNESSETH WHEREAS, the Grantor desires to provide a sanitary sewer right- of-way across the premises and .property hereinafter particularly bounded sad describe3; and t ~, the sanitary sewer is to be provided for through an under- ground pipeline to be constructed by the Grantee; and T~HEREAS, it will be necessary to maintain and service said pipeline prom time to time by the Grantee; HOW, THEREFORE, in consideration of the benefits to ba received by the Grantor and for the sum of Ten Dollars ($10.00) and other good and sraluable consideration, the Grantor do es hereby giFe, grant and convey onto the Grantee the right-of-way for as easement for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: Commencing at the Southeast corner of the Southeast One-Quarter of Section 34, TOivTashlp 4 Nort:'i, Range 1 West, Bcise ~'eri3iun, Ada Cou^t,-, Tdaho' 2nd .running N. 89°06'36" W. 961.36 feet along the Southerly boundary of said South- east One-Quarter of Section 34 to the TRUE POINT OF BEGINNING OF THE EASEMENT; thence N. 36°21'04'! W. 795.66 feet to a point, said easement being 20 feet fn width lying 5 feet Southwesterly and 15 feet Northeasterly. of the described line; thence N. 3°01'26" E. 554.10 feet to a point on the centerline of Fivemile Creek, said easement being 20 feet in width and centered upon the described line, and said point being the POINT OF ENDING OF THE EASEMENT; E%CEPTING THEREFROM all existing rights of way for.Fivemile Creek, Ninemile Creek, and Ustick Road. ~ •• t • _, • 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, 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- lion 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- ment for the purposes stated herein. IT IS HEREBY FURTHER AGREED that the Grantor doh 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 first segment of the above described permenent easement; ' and two strips of land each 15 feet in width adjacent to and on either side of the second segment 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 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- doh hereby covenant with the Grantee that shE is lawfully seized and possessed of the aforementioned and described tract of land, and that ~e 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 part-y of the first part has hereunto subscribed her signature the day and year first hereinabove written Maria Asumendi Aldecoa - STATE OF IDAHO ) • ss - ~ • County of ~L ~ , ) Oa this ~ day of ~ ~' ~ in the year 19 before me the undersigned, a Notary Public in and for said State, personally appeared Maria Asumendi Aldecoa, formerly known as Maria Asumendi ~ _ known to me to be the person whose name iS subscribed to the foregoing instrument, and acknowledged to me that she 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. • -`- ~~,,~ ~~ ~ ~ ~ ,1~r: ~^ •; ~ Notary Public cor ,the State of Idaho °. ~- ~_ Residing at _ !:~ , , Idaho ~, M .. . ,: _ - ' +,;,,,'",,;;.,•'~ STATE OF IDAHO; COUNTY OF ADA, sse r ~ , • Fil for record at//thryrye request of /, ~ ~,.,, ,®,~,,,„,~. ~~• tMin. pastlr~o'cloc;c~ ht. this / / .day oL19 • ~ C •REfV E ,A. PLANTIN R rdsr / ' . ~ By _ -~ o9u~ t ~_