Sanitary Sewer Easement with Johnson, Edward A. and Janice M. for Ten Mile Creek.,_
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SANITARY SEWER EASEMENT
THIS INDENTURE, made this ~~ day of 0 , 1990, between Edward A.
and Janice M. Johnson, 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;
WITMESSETH:
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 consideration 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 Northeaster-
ly of and 15.00 feet Southwesterly of and parallel with the following
described line: Beginning at a brass cap marking the Northwest corner
of Section 13, T.3N., R.1W., B.M., Ada County, Idaho; thence South
00°33'39" West 1862.20 feet along the Westerly boundary of said
Section 13 to an iron pin; thence leaving said Westerly boundary North
60°36'23" East 1381.86 feet to a point, also said point being the
REAL POINT OF BEGINNING; thence South 72°16.59" East 428.32 feet to a
point; thence South 61°36'10" East 406.64 feet to a point; thence
South 60°53.54" East 406.64 feet to a point; thence South 59°46'16"
East 378.90 feet to a point on the Easterly boundary of the SE 1/4 of
the NW 1/4 of said Section 13, also said point lying North 00°30.44"
East 787.70 feet from an iron pin marking the Southeast corner of said
SE 1/4 of the NW 1/4, also said point being 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 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 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 ae follows:
A parcel of land 35.00 feet in width lying 15.00 feet Southwe~t-
erly 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 persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto
subscribed their signatures the day and year first hereinabove written.
.2z%.... Y~ :~.=~
Edward A. Johna~
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ice M.~Johnaon
STATE OF ZDAHO )
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County of ~~ A )
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On this day of~PteMBEQ in the year 1990, before me, the under-
signed, a Notary Public in and for said State, personally appeared Edward A. and
Janice M. Johnson, known to me to be the persons whose names are subscribed 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 dad ripd year first above written.
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~~ .• Tom:' ADA ~"~ ~~ NOTARY PUBLIB- or Idaho
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~~,,~~. ~ "' ~''0 Residing at ~.'t..
" 'i FOR _ ommisaion Expires: l-~ '`~'~
'90 SEP 12 r;; p ~1
SANITARY SEWER EASED _„__
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