HomeMy WebLinkAboutKenneth and Ida Loewen SEWER EASMENT
THIS l NDE:[JTURL•;, nindo this _ h day of 19__n between
Kenneth and Ida Loewen, Contract Purchasers, Lhe part es of the first part,
and hereinafter called the Grantors, and the City of Meridian, State of Idaho,
a municipal corporation, the party of the second part, and hereinafter called
the Grantee;
WITNESSETH
WHEREAS, the Grantors desire 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 he provided for through an underground
pipeline to be constructed by Leavitt NuPacific; 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
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
and/or Leavitt NuPacific 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:
See attached legal description entitled "Description for 20-Foot
Permanent Sanitary Sewer Easement - Kenneth and Ida Loewen, Con-
tract Purchasers (Cherry Lane Village Extension-Leavitt)"
The easement hereby granted is for the purpose of construction of a
sanitary sewer line and allied facilities by Leavitt NuPacific, together with
their operation, maintenance, repair, and replacement at the conlenience of
the Grantee, 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 AND AGREED, by and between the parties hereto
that Leavitt NuPacific will timely complete the work of laying the sanitary
sewer line and restore the premises used therefore to a condition 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 undertaking such repairs and
replacements.
THE GRANTORS hereby covenant and agree that they 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 easement for the purposes
stated herein.
IT IS FURTHER AGREED that the Grantors do hereby give and grunt to the
Grantee and/or Leavitt NuPacific the right to use during the initial con-
struction an additional strip of land described as follows:
See attached description entitled "2-5 Foot Temporary Construction
Easements"
IT IS UNDERSTOOD that this strip of land described in the proceeding
paragraph is for thL! purE)o,C of constructing the nlid sanitary sewer lino
herein described, the same to expire when the initial constr,uctign is curm-
pleted.
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IT IS t7ND1-.1ZST00D and agreed that the Grantee wlil restore said ntrip to a
conditio►► COMJ lr:rl,lo to Lhat k.xi:,tent prior to the uuulurtaking of the construCtlon
of such sanitary sewer line.
The Grantors do hereby covenant with the Grantee that they have lawfully
seized and possessed of the aforementioned and described tract of land, and
. that they have a good and lawful right to convey said casement, and that they
will warrant and forever defend the title and quiet possession thereof against
the lawful claims of all persons whomsoever.
IN WITNESS WE1F2EOl:, the said Grantors hereunto subscribed their signatures
the day and year first hereinabove written.
Grantors:
Ida Loewen
Kenneth Loewen
STATE OF IDAHO)
)ss
COUNTY OF ADA )
On this l�ft day of L in the year 1917� , before me the
unders 'gned, a Notary Publ'c in nd for said State, personally appeared
J�I ��f(.tie, Yl( f 5 C VI FF
11 e�'t'�'1 er Ct i e-6'! - —'
known to me to be the persons whose names are subscribed to the foregoing
instrument, and acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
tary P i for Idaho
esiding at s�C�IS e , fdaho
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,� I T Inc.
' •B ENGINEERS, I 25, Guth BeechwoocilAvenue.Suae I---Boise.Idaho 83705
Project: 7543-22
Date: April 2, 1979
DESCRIPTION FOR
20-FOOT PERMANENT S&4IT.kRY SEWER EASEMENT
KEIVNETH AND IDA LOEWE?Q, CONTILkCT PURCHASERS
CHERRY LANE VILLAGE SLVLR EXTENSION -- LEAVITT
A PORTION OF THE SE 1/4 SE 1/4, SECTION 34,
T.4N. , R.1W. , B.M. ,
MERIDIMN, ADA COUNTY, IDAHO
A 20-foot strip of land lying 10.00 feet Aorthwesterly of and 10.00 feet
Southeasterly of and adjacent to the following described centerline lying In
the SE 1/4 of the SE 1/4 of Section 34, TAN. , F.I.W. , B.K. , Ada County, Idaho
and more particularly described as follows:
Beginning at the Southeast corner of the said SE 1/4 of the SE 1/4 of
Section 34,
thence North 89.06'36" West 1,061.35 feet along the Southerly boundary of
the said SE 1/4 of Section 34, which is also the centerline of Pstick Road, to
a point,
thence North 0"53'24" East 15.00 feet to a point;
D thence North 26°31103'° East 11.09 feet to a point on the lortherly right-of-
way line of the said Ustick Road, also said point being the RPU POI''P OF BEGINNING;
thence continuing North 26031103" East 67.86 feet to the point of ending
of the above described permanent sanitary sewer easement,
2-FIVE FOOT TEHPORARY SANITARY SEWER EAS&K ENTS
A 5-foot strip of land lying 5.00 feet Northwesterly of and 5.00 feet South-
easterly of and adjacent to the above described Northwesterly and Southeasterly
boundary of the above described permanent sanitary sewer easement.
Prepared by7
J-IT-B ENGINEERS, Inc.
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Gary L. Rodenspiel, L.S.
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