Sanitary Sewer Easement with Moore, Winston H. for Ten Mile Creek
SANITARY SEWER EASEMENT
THIS INDENTURE, made this ~ / day of , 1990, between
Winston H. Moore, the party of the first part, and hereinafter called the
Grantor, 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 ac roes
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 the Grantee; 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
construction, operation and maintenance of a sewer line over and across the
following described property:
A parcel of land 20.00 feet in width lying 5.00 feet Westerly and
Northwesterly of and 15.00 feet Easterly and Southeasterly of and
parallel with the following described line: Beginning at a brass cap
marking the Southwest corner of Section 18, T.3N., R.lE., B.M., Ada
County, Idaho; thence North O1°02'04" East 445.40 feet along the
Westerly boundary of said Section 18 to a point; thence South
86°20'45" East 66.57 feet to a point on the Easterly right-of-way line
of Highway 69, 66.50 feet right of Station 422+66.14 as shown on
Highway Plane FAP No. HES-3782(7) on file in the office of the Idaho
Transportation Department, Boiee, Idaho, also said point being the
REAL POINT OF BEGINNING; thence continuing South 86°20'45" East 7.94
feet to a point; thence North 17°29'19" East 55.49 feet to a point;
thence North O1°03'04" East 153.78 feet to a point; thence North
61°03'04" East 376.71 feet to a point; thence North 67°00'08" East
378.41 feet to a point; thence North 78°54.17" East 378.41 feet to the
POINT OF ENDING of the above described permanent easement.
The 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 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 the Grantee will timely complete the work of laying the sanitary sewer line
and restoring the premises used therefor 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.
SANITARY SEWER EASEMENT, Page 1
THE GRANTOR hereby covenants and agrees that he 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 HEREBY FURTHER AGREED that the Grantor does hereby give and grant to
the Grantee the right of use during initial construction a temporary construction
easement over a strip of land described as follows:
A parcel of land 35.00 feet in width lying 15.00 feet Easterly and
Southeasterly of and adjacent to 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 sewer line herein described, the same to
expire when the initial construction is completed.
IT IS UNDERSTOOD AND AGREED that the Grantee will restore said strip to a
condition comparable to that existent prior to the undertaking of the construc-
tion of such sewer line.
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 signature the day and year first hereinabove written.
Winston H. bore
STATE OF IDAHO )
)as
County of ~)
n
On this ~L day of in the year 1990, before me, the under-
signed, a Notary Public in nd or said State, personally appeared Winston H.
Moore, 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 WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year first above written.
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SANITARY SEWER EASEMENT, ., .g ~ _