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Sanitary Sewer Easement with Strate, W. Eugene for Oliason Park Subdivision 99066023SANITARY SEWER EASEMENT THIS INDENTURE, made this ~ day of , 19~between W. Eugene Strate, the party of the first part, and hereinafter called the Gra tor, and the City of Meridian, Ada County, Idaho, 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 and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of a sewer line over and across the following described property: SEE ATTACHED EXHIBIT A The easement hereby granted is for the purpose of construction and operation of a sanitary sewer tine and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times, with prior permission from said Grantor. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. THE GRANTOR hereby covenants and agrees that he will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR does hereby covenant with the Grantee that he is lawfully seized and possessed of the aforementioned and described tract of land, and that he has a good and lawful right to convey said easement, and that he 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 his EXHIBIT A Commencing at the iron pin marking the Southeast corner of Lot 2, Onwiler Subdivision, records of the Ada County Recorder, Boise, Idaho, said point being the POINT OF BEGINNING; Thence, N.00°00'00"E. 20.00 feet along the line common to said Lot 2 and Lot l; Thence, S.90°00'00"E. 90.00 feet; Thence, 5.00°00'00"W. 20.00 feet; Thence, N.90°00'00"W. 90.00 feet to the point of beginning. ~~ IN WITNESS WE-IEREOF, the said party of the first part has hereunto subscribed his signature the day and year first hereinabove written. 1Jc/*~ W. Euge trate STATE OF IDAHO ) ss County of Ada ) ~ l~ I ~~~ On this day of ~;t? 1 , 19, before me, the undersigned, a Notary Public in and for said State, personally appeared W. Eugene Strate, an unmarried man, known to me to be the person who executed the within 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 fist above written. ,06 y;oi oQl~o~ //~.~ ay0~ ~ tn•~ ,~to l .- ~YYY L I~ _ ~` ° ~~ ~'u' NOTARY PUBLIC FOR IDAHO ~. ~" s i ~~, ~ s. P U BLIC.~ ~' <<~ Residing at l ~ (,v7CL!OUIti/ ~~G~1 ~90 a' ~'••....•••'~ ~ ~ _, ~aF ~~ Commission Expires: 11 l3 ~~l .~ II ` EC~~i ,~- ~~~ ~~~~ AEI] ~«a..~ST QF <.t~A CGURITY RECOR~JEF~< ,i, i:t":y?n td~YARf;~I ~ ,~,,,,., Ii1^'n fEE GE ~s4q.~~ -~ ~~~ ~~ ~s ~~~ 99Q~5fl23 S~INITARY SEWER G;ASEMFiNT, Page 2