Barney, Kent G. and Mary R. for Cherry Lane Village Extension
• ~ •
~ 7q 27 ss4-
SEWER EA>iETIENT
THIS INDEN'1'URii ru~idr. this // ~'~ da of :-~, 19~ between
Kent G, and Mr:ry R. F3arnt~y, tlic par°ti.es of the first art, and hereinafter
called the Grantors, ~,nd the City of Meridian, Stag of Tdaho, a municipal
corporation, the party of the second part, and hereinafter called the Grantee;
WITNESSETII
WHEREAS, the Grantors desire to provide a sanitary sewer right-of-~~ay 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 Leavitt NuPacific; and
WHEREAS, i.t will be necessary to maintain and service said pipeline from
time to time by the Grantee;
NOW, THEI.EFORE, in consideration of: the benefits to be received by the
Grantors, and for the sum of Ten Dollars ($10.00) and other good and valuable
consideration, the Grantors do hereby give, grant and convey unto the Grantee
and/or Leavitt NuPacific the right-of-way for an easement for the construction,
operation and maintenance of a sanitary sewer line over and across the following
described property:
See attached legal description entitled "Description for 20 Foot
Permanent Sanitary Sewer Easement - Kent G. and nary R. Barney
Cherry Lane Village Extension--Leavitt"
The easement hereby granted is for the purpose of construction of a sanitary
sewer line and allied facilities by Leavitt NuPacific, together with their operation,
maintenance, repair, and replacement at the convenience of the Grantee, with the
free right of access to such facilities a~ 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 EKPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto
that Leavitt NuPacific caill. timely complete the work of laying the sanitary
sewer line and restore the premises used. therefore 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 GRANTOP.S 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 FURTHER AGREED that the Gr.ant.ors do hereby give and grant to the
Grantee and/or Leavitt NuPacific the right to use during the initial construction
an additional strip o,`: l::_:,c_ `cscribed Mks follows:
See attached description entitled "2-20 Foot Temporary Construction
Easements"
IT IS UNDERSTOOD that this strip of land described in the proceeding
paragraph is for tl,e pur.pos~ of cou~,tructi.n~ the said sanitary sewer line
herein described, the same to expire when the initial construction i.s com-
pleted.
t -.
L'
IT IS UNDERSTOOD and agreed that L-he Grantee will restore said strip to a
condition comparable to that existent prior to the undertaking of the construction
o.E such sanitary sawer. line.
The Grantors do hereby covenant with the Grantee that they have lawfully
seized and possessed or: 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 fcre.ver defend the title and quiet possession thereof against
the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said Grantors and Developer hereunto subscribed
their signatures the day and year first hereinabove written.
Grantors:
Ke t G. Barney
i j / 3
-c:,~
Mary R. Barney
STATE OF IDAHO)
ss
County of Ada )
On this i:,, =-~ day of ,~t, , ~' in the year 19~',~~ , before me the under-
signed, a Notary Public in and for said State, personally appeared
known tome to be the persons wl4ose names are subscribed to the foregoing
instrument, and acknowledged to me that they executed the same.
IN ~•7ITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written,
!~ /~~, Notary P iblic for Idahc
_~ si.ding at ~~ ,
Idaho
77 ~~ Jt, ,
-~' V~B, ENGINEERS, Inc. ,- ,th Beechwood AvQnue, Suite h- Boise, Idaho 83705
Project: 7543-22
Date: January 3, 1979
Revised: April 2, 1979
REVISED
DESCRIPTION FOR
20-FOOT PERMANENT SANITARY SEWER EASEMENT
KENT G. AND MARY R. BARNEY
CHERRY LANE VILLAGE SEWER ERTENSION - LEAVITT
PORTIONS OF THE SW 1/4 NE 1/4 AND THE NW 1/4 SE 1/4, SECTION 3,
T. 3N. , R.1W. , B.*4. ,
ADA COUNTY, IDAHO
A strip of Land 20.00 feet in width lying 10.00 feet Westerly of and 10.00
feet Easterly of and adjacent to the following described centerline lying in
the SW 1/4 of the NE 1/4 and the NW 1/4 of the SE 1/4, all in Section 3, T.3N.,
R.1W., B.M., Ada County, Idaho:
O Beginning at the Southeast corner of the said NE I/4 of Section 3;
thence North 88°55'29" West 1,321.64 feet along the Southerly boundary
of the said NE 1/4 of Section 3 to a point marking the Southeast corner of the
said SW 1/4 of the NE 1/4 of Section 3;
~ thence North 0°26'04" East 1,323.40 feet along the Easterly boundary of
the said SW 1/4 of the NE 1/4 of Section 3 to a point marking the Northeast
corner of the said SW 1/4 of the NE 1/4 of Section 3;
thence North 89°02'00" West 128.00 feet along the Northerly boundary of
the said SW 1/4 of the NE 1/4 of Section 3 to a point, also said point being
the REAL POINT OF BEGINNING;
thence South 0°58'00" West 121.33 feet to a point;
thence South 18°42'08" East 13$.17 feet to a point;
thence South 25°59'08" East 81.68 feet to a point;
thence South 10°20'00" East 134.49 feet to a point;
thence South 17°45'00" West 343.48 feet to a point;
thence South 0°26'04" West 367.30 feet along a line Westerly of and
parallel to the said Easterly boundary of the SW 1/4 of the NE 1/4 of Section
to a point;
thence South 4°49'20" West 203.70 feet to a point
thence South 44°58'30" West 156.47 feet to a point;
~ Y `i '~ 7
~~~%i~i ~~~T~i ~'~~~~~~ Ir~('. Z~ h8eechwood F~J~nu rtE~ 3nis e,ld aho 83~~'.
s
Project: 7543-22
Date: January 3, 1979
Revised: April 2, 1979
Page: 2 - 20-Foot Sanitary Sewer Easement-Bsrney-Cherry Lane Village
thence South 29°12'15".West 130.92 feet to a point;.
thence South 22°15'00" West 5.71 feet to the point of ending of the above
described permanent sanitary sewer easement,
2-20 FOOT. TEMPORARY CONSTRUCTION EASEMENTS
A strip of land 20.Ofl feet in width lying 20.00 feet Easterly of
and Westerly of and adjacent to the above described permanent sanitary sewer
easement.
Prepared by:
J-U-B ENGINEERS, Inc.
Cl
EWW/JDW:dm
Gary L. Rodenspiel, L.S.