HomeMy WebLinkAboutCrossing Agreement Water and Sewer Line Morgan, Clarence L. and Berna Deanne L.~~U'~~~4
A G R E E P•rt E N T
TiIIS AGREEMENT, Made and Entered into thisf _~ %~i day of
~' ,'.; ~ ~ ~ 19 8 ~ , by and between CLARENCE L . /MOF.GAN and BERNA
DE ANNE L. P~ORGAN, husband and wife, hereinafter referred to as
"Morgan", and the CITY OF r1ERIDIAN, STATE OF IDA~~O, hereinafter
referred to as "City",
W I T N E S S E T H:
WHE ~'EAS, ~~ZORGAN owns the fcllo~.aing property, to wit:
P1?RCEL A:
A portion cf the Northwest quarter of the Northeast quarter
of Section 7; Township 3 North, Range 1 East, Boise
Meridian, Ada County, Idaho; more particularly described
as follows:
Beginning at t'rle Northeast corner of the North^~est quarte_r_
of the Northeast quarter of said Section 7, thence G7est along
the North line of Section 7 a distance of_ 85 feet thence
South and parallel with the East boundary of the Northwest
quarter of the Northeast quarter. of Section 7 a distance of
250 feet; thence running east and parallel to the North line
of the Section, a distance of 85 feet more or less to a.
point on the East boundary of the North~~~est quarter of the
Northeast quarter of Section 7, Tot^~nship 3 North, ?Zange 1
East; thence running North to the Real Point of Beginnings,
EXCEPTING therefrom the Nor_tnerly 30 feet for road ri gla of
way.
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone888-4481
PARCEL C:
The North half of the '3ort?iwest quarter of the Northeast
quarter of Section 7, Township 3 North, Range 1 East, Boise
r~7eridian, Ada County, Idaho. EXCEPT the West 9J_8 ?:eet
thereof; ALSO EXCEPT commencing at the Northeast cerner
o.f the Northwest quarter of the Northeast quarter o'
Section 7; running thence West on the North line of Baia
Section 7, a distance of 203.71 feet to the Real Place of
Beginning; running thence South a distance of 208.71 feet
to a point; running thence ~tiest a distance of 2.08.71 feet
to a point; running thence North to the North line of said
Section 7, a distance of 208.71 feet; running thence East
on the North line of said Section 7 a distance of 2'18.71 feet
to the Real Place of Beg.nni_ng, as the same r~~ay be affected
by Property Line Agreement recorded July 6, 1060, a.s Instruct
ment No. 482727, records of Ada County, Idaho.
EXCEPT ditch and road ricjht~ of way.
AND ALSO EXCEPT, beginning at the Northeast quarter of the
Northwest quarter of the Northeast quarter of Section 7,
Township 3 North, Range 1 East of the Boise Meridian; thence
West along the North line of said Section 7 a distance of
208.71 feet to a point; thence South a distance of 250 feet;
thence running East and parallel to the North line of said
Section a distance of 208.71 feet to a point. on the East
boundary of the Northwest quarter of the Northeast quarter
of Section 7, Township 3 North, Range 1 East; thence running
North to the Point of Beginning.
BOTH PARCELS A and C SUBJECT TO;
All roads, easements and rights-of-way of record; and
The effect of property line agreement recorded July 6, 1960,
as Instrument No. 482727, records of Ada County, Idaho,
see copy attached. No loss or liability is assumed for
that portion of the property lying Easterly of the 1/16th
line between the ~Jorthwest quarter of the Northeast quarter,
and the Northeast quarter of the Northeast quarter of
Section 7, Township 3 North, Range 1 East; and
Right, title and interest of L. C. Jones and Anna M. Jones,
husband and wife, in and to that portion of said premises,
if any, lying Southerly of a point 660 feet South of the
Northeast corner of the Northwest Quarter of_ said Section 7.
an d
WHEREAS, said property is not within the present City limits
of the City but is within 300 feet of the City limits and within
300 feet of a CITY sewe r line; and
WHEREAS, MORGAN desires to place a mobile home on said property
an d
WHEREAS, MORGAN has requested the Central District Health
Department, State of Idaho, to issue them a permit to install a
septic tank but the Central District Health Department will not
issue said permit without a waiver by the CITY of its requirement
that any CITY resident whose property is within 300 feet of a
sewer line shall connect to said sevaer line,
NOW, THEREFORE, It is hereby agreed between the parties
hereto as follows
1. That CITY will waive its requirement that any CITY
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone 8881461
resident whose property is within 30G feet of a sewer line connect
tjat property to said sewer line;
2. That CITY consents to the placement and. construction of a
septic tank type sewage disposal system on said property and the
placement of a mobile home on said property;
3 . That, in consideration for CITY' S ~,aaiver and a_l_lowance of
a mobile home upon the proeprty, MORGAN agrees that, in the event
the above described property is annexed by the CITY, MORGAN will
remove their mobile home and cease using said septic system in its
entirety, and connect any buildings located on said property, if
any, to the CITY sewer system, within ninety (90) days after annexa-
tion, all at MORGAN's expense;
4. That this Agreement shall be recorded as notice to any
successors in in terest to the MORGANS in the above described
property;
5. That this Agreemen t shall be binding upon the heirs,
executors, assigns, and successors of the parties hereto.
IN WITNESS WHEREOF, the parties have set their hands to the
within instrument the day and year hereinabove first written.
CLARENCE L . MORGAN ~,_='
BE RNA DEANNE L . P~10RG.AN
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlen, Idaho
83842
Telephone 888.4461
CI
By
ATTEST:
i
~-; ~.
~l
F~.
S TATE O F IDAHO , )
ss.
County of Ada, )
On this~~~_ day of ~<..~,,; 1983, before me, the
undersigned, a Notary Public for said State, personally appeared
CLARENCE L . MORGAN and BE RNA DE ANNE L . MORGAN , husband and wife ,
known to me to be the persons who subscribed their names to the
within instrument, and acknowledged to me that they executed the
same.
IN LVITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year in this certificate first written.
~~ ~, ~ -~
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(SFI~L) ---t '
5 M .
STATE OF IDAHO,
County of Ada,
,.
~~~ >>,~
Notary Public for~~daho
Residing at Meridian, Idaho
ss.
On this _~~,' day of ;~~;~.~ ~_~~ 1983, before me, the undersigned
a Notary Public in and for saij State, persona_]_ly appeared
JOSEPH GLAISYER and JACK NIEr4AhIN, the Mayor and City Clerk, res-
pectively, of the CITY OF MERIDIAN which executed the said instru-
ment, and acknowledged to me that the said CITY OF T~IERIDIAN executed.
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year in this certificate first written.
~- ~ ~ ~ r'
Notary Public for Idaho
Residing at Meridian, Idaho
,x
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone 888461
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