Sanitary Sewer Easement with Snake River Marketing, Inc. for Ten Mile Creek
spxrmpgy SEWER EASEMENT
THIS INDENTURE, made this ~~ day of ~_, 1990, between Snake
River Marketing, Inc., an Idaho Corporation, the parties of the first part, and
hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, 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 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 conaiderat ion of the benefits to be received by the
Grantors, and other good and valuable consideration, the Grantors do 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 Easterly of
and 15.00 feet Westerly 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, Zdaho; 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 Plans FAP No. HES-3782(7) on
file in the office of the Idaho Transportation Department, Boise,
Idaho, also said point being the REAL POINT OF BEGINNING; thence
continuing South 86°20'45" East 7.94 feet to a point; thence South
24°20'14" East 108.89 feet to a point; thence South 08°46'53" East
300.16 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 ZS 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.
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
SANITARY SEWER EASEMENT, Page 1
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would interfere with the use of said described easement for the purposes stated
herein.
IT IS HEREBY FURTHER AGREED that the Grantors do 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 Westerly 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 GRANTORS do hereby covenant with the Grantee that they are lawfully
seized and possessed of the aforementioned and described tract of land, and that
they have a good and lawful right to convey said easement, and that they will
warrant and forever defend the title and quiet possession thereof against the
lawful claims of all persona whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto
subscribed their signatures the day and year first hereinabove written.
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STATE OF ZDAHO )
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On this ~~~ day of ~a'UI~US}-' in the year 1990, before me, the under-
signed, a Notary Public in and for said State, personally appeared
Gz41G IVi. (TALI. ,~I~e ~1-esSlcQenfiand fAV~~he W, ~AI.V ,Stc.ve,1'arM known to
me to be the persons whose names are subscribed to the foregoing instrument, and
acknowledged to me that they executed the same.
ZN WITNESS WHEREOF, I have hereunto sec my hand and affixed mycff ioial Baal
the day and year first above written.
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SANITARY SEWER SEMENT, Page
NOTARY PU IC fQr ]
Residing ~jp/SG,
Commission Expires: