Sanitary Sewer Easement with Johnson Acres for Ten Mile Creek' .,
aAHTTARY SEWER EASEMENT
THZS INDENTURE, made this ~ 6~day of , 1990, between Johnson
Acres, a partnership, the parties of the first p , 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 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 Easterly of
and 15.00 feet Westerly of and parallel with the following described
line: Beginning at an iron pin marking the Northeast corner of the NW
1/4 of the SE 1/4 of Section 13, T.3N., R.iW., B.M., Ada County,
Idaho; thence North 89°26'14" Weet 167.49 feet along the Northerly
boundary of said NW 1/4 of the SE 1/4 to a point; thence leaving said
Northerly boundary South 22°46'03" East 27.23 feet to a point on the
Southerly boundary of Waltman Lana, also said point being the REAL
POINT OF BEGINNING; thence continuing South 22°46'03" East 243.66 feet
to a point; thence South O1°30'35" West 428.13 feet to a point; thence
South 00°34'53" East 420.98 feet to a point; thence South 03°14'36"
west 215.88 feet to a point; thence South 03°51'54" East 10.55 feet to
a point on the Northerly right-of-way line of interstate Highway 80
North lying 106.00 feet left of Highway Station 2309+57.17 as shown on
Highway Plans FAP No. I-80N-1(12)37 on file at the office of the Idaho
Transportation Department, Boise, Idaho, 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 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 ie 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 conetruc-
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.
90'i9398
~~~;•
FOR. -
~cn ~FP 12 r'i 2 w2
County of Ada ) _ /~
,r ORCFR ~ ~
// / ,~ yy 1
On this ~ b '~ day of ~ in the ye~Y e ore me, the u ~ r-
signed, a Notary Public in and f said State, peraonall ppeared
/'drofl+~ J% /lust eL( and
known to
me to be the persons whose names are subscribed to the foregoing instrument, and
STATE OF IDAHO )
)ag
acknocrladged-to me thatr 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. -
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/~ ~, ~ , -7-~`~ ~~QV°° n~~~ '^~~l' ~% NOTARY PUBLIC for Idaho
Rea id ing at /rl"7 ~+-~ 1 f`-~°r~~T~•. :y
ry_ ,Y ~
~ommisaion Expires:
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SANITARY SEWER EASEMENT, Page 2