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HomeMy WebLinkAboutJohnson, Claude and Engle, Robert V. and Claudina M. for Sewer Line Easement.~ i ~.~.~~ v _.~~ v , - SEWER EAS~SENT _ PHIS INDENTURE, made this ,~ `~ day of , 19 7 7, between Claude Johnson, Robert V. Engle and Claudina T1. Engle, husband and wife the parties of the first part, and hereinafter called the Grantors and the City of Meridian, State of Idaho, a municipal corpora- tion, the party of the second part, and hereinafter called the Grantee; WITNESSETH r~tzFas, the Grantor s desire to provide a sanitary sewer right- o~ vay across the premises and groperty hereinafter particularly bounded and described; and - WHE.REaS, the sanitary sewer is to be provided for through an under- gzound pipeline to be constructed by the Grantee; and SJHERFAS, it will be necessary to maintain and service said pipeline from tine to time by the Grantee; NQW, THEREFORE, in consideration of the benefits to be receired by the Grantor s, and for the sum of Ten Dollars ($10.00) and other good and valuable consideration, the Grantors do hereby give, groat and convey auto the Grantee the right-of-way for an easement for the construction, aeration 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 Southwesterly of and 15 feet Northeasterly of the following described line: Commencing at the Northeast corner of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and running N. 89°06'36" W. 961.36 feet along the Northerly boundary of the Northeast Qne-Quarter of said Section 3 to the TRUE POINT OF BEGINNING OF THE EASEMENT; thence S. 33°57'00" E. 500.00 feet to a point; - thence S. 32°34'36" E. 193.66 feet, more or less, to the POINT OF ENDING OF THE EASEMENT, said point being S. 45° 44'21" W. 806.71 feet from the said North- east corner of Section 3; EXCEPTING THEREFROM all existing rights of way for-Linder Road and Ninemile Creek. 4 .' is ~- The easement hereby granted {s 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- ,tee, 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 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- 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 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 ease- meat for the purposes stated herein. __ _ - PROVIDED, however, that Grantee agrees to move the existing waste ditch and drain pipe serving the Grantor's property on the Northwest side of Nine- mile Creek, toward Ustick Road as far as is reasonable in the opinion of the Engineer; PROVIDED further, that construction of the sewer line through the property of the Grantor shall be done during the non-irrigation season unless the project Contractor makes prior arrangements with the Grantor, the non- irrigation season being defined as the period between October 15 and March 15; PROVIDED further, that Grantee shall require the project Contractor to construct and maintain a temporary fence adequate to keep livestock on the property of the Grantor during construction of the sewer line; PROVIDED further, that Grantee shall require the project Contractor to haul the excess fill material resulting from construction of the sewer line over the property of the Grantor, to an access roadway on the Southwest side of and adjacent to Ninemile Creek, as permitted by the Grantor; PROVIDED further, that Grantee shall require construction of sewer stubs extending both Easterly and Westerly from the proposed manhole in Ustick Road, as a part of the project. 1~ - -- i IT IS HEREBY FURTHER AGREED that the Grantors do 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 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. TT IS DNDERSTOOD and agreed that the Gzantee will restore said strip to a condition comparable to that existent prior to the undertaking of the construction of such sanitary sewer line. The Grantors do hereby covenant with the Grantee that theme are lawfully seized and possessed of the aforementioned and described tract of Land, and that theme ham a good and lawful right to convey said ease- meat, and that theme will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. -IN i~1ITNESS WI~REOF, the said part lPS of the first part have hereunto subscribed hP;r signatures the day and year first hereinabove written Claude Johnson Robert V. Engle • Claudina M. Engle J 4 STATE OF IDAHO ) County of % ~~- ) ss On this .,,L_ day of ~~, r ~- ,,~ l', -ia the year 19 ~ T, before me the undersigned, a Notary Public in and for said State, personally appeared Claude Johnson known to me to be the person whose name_ is subscribed ,. to the foregoing instrument, and acknowledged to me that he executed the same. - IN WITNESS W~FRFpg~ I have hereunto set my hand and affixed my official seal the day and year first above written. ,,~. ~ ~~, y ,, .3 9 ~ .. - . + i ~~ ~_ " ~, J I ;~ STATE OF IDAHO ) ss County of ) /' ~ 15 /C ! Notary Public ror the State of Idaho Residing at ~1~~_, ~,~,,; , Idaho Oa this ~~ day of Cz„e~r-in the year 19 7 7 before me the undersigned, a Notary Public in and for said State, personally appeared known to me to be the persons whose names ara subscribed to the foregoing instrument, and acknowledged to me that ~he~ executed the same. " YN WITNESS WHE:ZEOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ... , i w - .:-& ~"T"~ /` r, `` ~~,`Y ~ _ t ~ p. '1 ~ Notary Public Lor the State of Zdaho Residing at ~ D Idaho STATE OF IDAHO, GOUNTY OF ADA, Fi for.record at.the request of .Min. paa{~o'clcck~ M.this 1~~ay of 19 RENCE A. P TI .Bator ~y '' 1 ~~' ~ ."