Dyer, John A. and Naomi for Sewer Line Maintenance Accessa '
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TiiIS xNDF.:r'TURE, Wade chi.s ~ _.__ day of ______ 19 between
John A. Dver and Naomi Dyer, ilusbanct and Glife
the parties of the first Bart, 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;
WI7'NESSE'I"H
WHEREAS, the Grantor- desire) to provide a sanitary sewer right
of way across the premises and property hereinaft.er,par~icularly bounded
and described; and
WHEREAS, the sanitary sewer is to be provided for through an under-
ground pipelinz to be constructed by the Grantee; and
WHEREAS, it wi_11 be necessary to maintain ar~d service said pipeline
from tine to time by the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received b;
the Grantar~, and for the sun of Ten Dollars ($10.00) and other good and
valuabiE: consideration, the Grantors do~ hereby rive, grant and convoy
unto the Grantee Che right of way for an easer:ent for ttie construction,
operation and maintenance of a sanitary sewer line over and across the
following described property:
A strip of Land 20 feet in width, lying 15 feet Northerly and Easterly
of and 5 feet Southerly and Westerly of the following described line:
Commencing at the Northeast corner of Section 11, 'T'ownship 3 North,
Range 1 East, Boise reridian, Ada County, Idaho, and running S. 0°36'33" W.
1329.13 feet along the Easterly boundary of said Section 11, which is also
the centerline of Linder Road, to the TRUE POINT OF BEGINNING OF THE
E.ASErfENT;
thence S. 89°56"18" W. 515.00 feet to a point;
thence N. 89°32'14" hr. 1514.16 feet Co a point;
thence N. 65°59'51" i~7. 200.00 feet to a point; .
thence N. 31°19'50" W. 696.25 feet to a point;
thence N. 13°35'38" W. 140.00 feet to a point;
thence N. 0°36'19" E. 380.48 feet to a point;
thence N. 5°23'07" E. 120.00 feet to a point;
thence N. 0°56'12" W. 24.84 feet to the POINT OF ENDING OF THE EASEMEi~'T, said
point being S. 89°33'47" E. 49.33 feet from the Northwest corner of the said .1E 1/4,
Section 11;
EXCEPTING THEREFROt•i all existing rights-of-way for Linder Road, Cherry Lane and
Ninemile Creek. \
The easeu~ent hereby granted is for the purpose of construction and
operation of a sanitary sewer line and allied facilities, together with
thtir 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.
~0 HAVE AND TO HOLD, the said easement and right of way unto the
said Grantee, its successors and assigns forever.
IT IS EXPRESSLY UtiDERST00D AND 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-
tion 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 covenaat_ 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 wit} the use of said described ease-
ment for the purposes stated herein.
IT IS HEREBY FiJRTHER AGREED that t}ie Grantors do hereby give and
grant to the Grantee the ri.oht to use during initial construction an
additional strip of land described as follows:
A strip of land, 30 feet in width, adjacent to and on the Northerly
and Easterly side of the above described permanent easement.
IT IS UND~RSTUOD that this easement is also cxiven in con-
sideration o-` the agreements stated in that particular letter of
May 20, 1977, from Don P'1. Storey, tlayor of the City of *"_eridian
to '1r. & ~~1rs. John A. Dyer, a copy of which is attached hereto
and by this reference incorporated herein as if set forth in full.
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 w}~en [}be 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 construction of such sanitary sewer line.
The Grantor s do__ hereby covenant with ttie Grantee that theme are
lawfully seised and possessed of the aforementioned and described tract
of land, and that theme have a good and lawful right to convey said ease-
ment, and that they will warrant and forever defend the title and quiet
possession thereof against tt-e lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part ha ve hereunto
subscribed their signatures the day and year first hereinabove written
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.~ohn A. Dyer
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STATE OF IDAHO )
County of Ada )
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Naomi Dyer G
On this ~~~day of _ in the year 19~, before me the
undersigned, a Notary Public in and for said State, personally appeared
John A. Dyer and Naomi Dyer, Husband and Wife
known to me to be the persons whose names are subscribed
to the foregoing insCrument, and acknowledged to use that tiled executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand arrd affixed my
official seal the day and year first above written.
C `~ rt •u„ ,~ ~,
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• R ... Notar Public for th,~ State o~aho
-,~ .~, ~'~ `'~ ~ Resi ing at ~>~,~~..~ Idaho
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lJHN V hiILGE Kl+LG
' vrwNr, r. F H11~K~K1N, IR MERIDIAN, IDAHO &3Ei42
May 20, 1977
t9r. & Firs. John A. Dyer
1':15 ;~J. C:`l~rry ~~anc
~''tE~ridian, Id~-Iho ~ 364?
R'.: i)ycr ~~~wer ~'~ sement
[mar Mr. & Mrs. Dyer:
TtLF I'fIJNF. Hrsn -AgFI
/SREA CODE 208
This leth.cr is written in con`irmation of the
conversation oC -May 18, 1977, between ~7ohn P.. Dyer,
[k~nalc', "1. St~~rc~; , Mayor of. the City of ":ericlian, and
,l~~tln O. 1'itzca~~ralc~, Meridi~ln City 1`,tt;~r.ney.
y~hen ~~c~ur t~rc~~Gr.ty is d~~vel.oFkecl, you, or ~~our
c3eveloE~er, sttt~ll have t11~~ I•if~-}t to c:c~llnc~ct to the ^leridian
City sewer without fee. 'I'he connection fees, however,
for each individual unit shall have to be paid at the
time`of connection or e~ranting of a construction permit
as required by ordinance. However, you shall always
maintain the right to connect to the sewer as a development.
In regards to the construction time of Phase I of
the sewer project, the 40 feet off Linder Road into
your property, please be assured that Query effort feasible
will b~: made to complete construction within one week.
e y truly yours,
q.. /
`"; E Don Pi. Storey
' t4ayor, City of T~teridian
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SPATE OF IDAHO. COUN"fY OF ADA. S5.
Filed for record at/theme request oI~
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ACKNOI'1T,i;DGl~tl;i1T OF RIGHTS AND
STATL'i~1ENT OF P.ELEASE
T~ ~..kza.z~.~.nr.3.IL~._,._-.- hereby
I .~I~2hx1_L1.~T3 ~s~'?.~3._~L~.O.TM~~.~.1.~ ~-r--a-11'
acknowledge receipt o~ copies of tl-~e Economic Development Ad-
ministration (EDA) Rules and Regulations, Relocation Assistance
and Land Acquisition Policies, Part 310 and the Environmental
Protection Agency (EPA) Rules and. Regulations, Implementation of
the Unifarm Relocation Assistance and Real Property Acquisition
Policies Act of 1970, Part TII;
IT IS FURTI~IER acknot~,ledged that the definition of displaced
person is a person wha moves f:coi7i real property or moves his
personal property fram real pror~erty as a result of the acquisi-
tion of such real pr_aperty in while or in part, or an easement
thereon, for a program or project undertaken with EDA or EPA
financial assistance; that T understand this definition and that
I affirmatively state treat I an not a displaced person.
IT IS FURTHER affir.ma.tively stated that notice of displace-
ment and displacement services and benefits are hereby waived
and declined.
FURTHER, that this. easement conveyed to the City of
Meridian is being made without consideration and none is required
or requested from the City of P~~Qridian.
DATED This ~ ~~ day of ,~ ,. 1977
STATE OF IDAHO)
. ss.
COUNTY OF AD~~ )
On this ~ ~ day of 1977, before
me, the undersigned, a Notary Publid in and for said State,
perso^ ° l ly _L~peared ~ ~r ~ .~Yt~--ar~ _ ~ ti.~"~-tv ~t
known to me to be the person whose name is subsdribed to the fore-
going instrument and acknowledged to me that he executed the
same.
~. •TLy WITNESS WHEREOF, I have hereunto set my hand and affixed
• my official seal the day and year first above written.
.~: (SE11L)
~' 4•. Residence. Meridian, Idaho.
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Nota~~'u~l~c nor ioano