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Home My WebLink AboutWilson, T.W. and Elna F. and Byington, Joseph E. and Marjorie A. for Sewer Line AccessI~ ~ - ~~' ~' a .- f _ 1 r'~ii ~ ~'r~~~1 ~ SEWE$ EASEMENT .~ ~3IS INDENTURE, made this _ ~ dap of ~ ¢, 19~ between T. W. ~,Jilson and Elna F. Wilson, husba nd and wife, Joseph E. Byington and Marjorie A. Byington, husband and wife,. - -a --, nc. the parties of the first part, and hereinafter called the Grantor s, and the City of Meridian, State of Idaho, a municipal corpora- tion, the party of the second part, and hereinafter called the Grantee; w~REAS, the Grantors desire to provide a sanitary sewer right- of-way across the premises and property hereinafter particularly bounded and described; and FaS~ the sanitary sewer is to be gravided far through as under- groaad pipeline to be constructed by the Grantee; and iJDEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; AOW, 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 Grantor s do hereby give, groat and convey tmto 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: A strip of land 20 feet in, width lying 5 feet Westerly of and 15 feet Easterly of the following described line: Commencing at the Southeast corner of the Northwest One-Quarter of Section 2, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and running N. 89°12'32" W. 769.99 feet along the Southerly boundary of the said Northwest One- Quarter of Section 2.to the TRUE POINT OF BEGINNING OF THE EASEMENT; .thence N. 20°10'49" W. 32.29 feet to a point; thence N. 29°15'42" W. 1001.07 feet to a point; thence N. 0°20'24" E. 431.02 feet to the POINT OF ENDING OF THE EASEMENT, on the Northerly boundary of the Southeast One-Quarter of the Northwest One-Quarter, Section 2, said point being S. 44°3I'06" E. 1944.06 feet from the Northwest corner of said Section 2; •EXCEPTING THEREFROM all existing right~of way for Ninemile Creek. _i •~F~ ~ ~ - _ } - - • ~ ... -~ _ ,. •~e 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- xee, with the free right of access to such facilities at any and all times. TO $AVE AND TO HOLD, the said easement and right-of-way unto the .said Grantee, its successors and assigns forever. • IT IS EXPRESSLY UNDERSTOOD p.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. TSL GRANTOR s hereby covenant and agree thatt hem will not place or allow to be placed any permanent structures oa 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 FURT'rIER AGREED that the Grantors do hereby give and grant to the Grantee the right to use during initial construction an additional strip of Iand described as follows: A strip of land 30 feet in width lying adjacent to and Easterly 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. • ~;,; . •- - n I'P IS IINDERSTOOD 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 s doy hereby covenant with the Grantee Lhatt hey are 18vful.ly seized and possessed of the aforementioned and described tract of land, and that theme have a good and lawful-right to convey said ease- . meat, and thatt hey will warrant and forever defend .the title and quiet possession thereof against Lhe lawful claims of all persons whomsoever. 'IN WITNESS WHEREOF, the said parties of the first part ha Ve hereunto subscribed their signatures the day and year first hereinabove written ~„ T. W. Wilson ~ - ~F Elna F. Wilson ~3'aitd--~-~ -I-ae s ~ ~'' ~ - ~ Jos h E. Byin on Marjo 'e A. Byingt D.~I~~-1-5--~.•--~3-1C-2~.. ~~7~ A: $o253g@~ STATE OF IDAHO ) _ sS ~, _ County of ~- ~~ ~~- ) - On this/ % day of ,~ v,,-~w.l%er- in the year 19 7 , before me the undersigned, a Notary Public in and for said State, personally appeared T.W. Wilson and Elna F. Wilson, husband and wife . , known to me to be the persons whose names arP subscribed to the foregoing instrument, and acknowledged to me that he executed the same. IDi WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~~ i~ - .e, ' ~ fit= 1~ ?~ ~~,/~t,v,-'`~ . Notary Public for the State of Idaho residing at ~~E vi ~/,~~-~~ Idaho i STATE OF IDAHO ) + ) ss County of ) On this -~f day of u~ ,~, ~ - in the year 19 ~7 before me the undersigned, a Notary Public in and for said State, personally appeared Joseyh E. ByinQton and Marjorie A. Byington, husband and wife known to me to be the persons whose names are sub- scribed 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. - Notary Public for the State of Idaho Residing at ~J~.,.,A,~,~ ~; , Idaho STATE OF IDAHO ) ss County of ) ~i this day of in the year 19 before me the undersigned, a Notary Public in and for said State, personally appeared Dennis M. Baker known to me to be the President and Max A. Boesi~er , known to me to be the Secretary of B and B, Inc. the Corporation that executed the within instrument, and acknowledged to me that the y executed the same. IN WITNESS WHEREOF, I have unto set my hand and affixed my official seal the day and year first above written. Ada Counfyr.ldaltor sip / R neat of ~/ /]_ ~ ~ ~ ~'~/ ~~, TIME ~ ; G)O <G M' ~ DATE ~-y~ 7~ CLARENCE A.PLANTIN(i REC ftDER ~ Deputy ~_ E~ Notary Public for the State of Idaho Residing at Idaho