Loading...
Permanent Sewer Easement with Temporary Construction Easement with Van Aucker, Ronald W. for Sewer Line~~~~ PERMANENT SEWER EASEMENT WITH TEMPORARY CONSTRUCTION EASEMENT AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 888.4481 THIS INDENTURE, made this r~~ day of November, 1986, between Ronald W. Van Aucker, a married man dealing with sole and separate property, the party of the first part, and hereinafter called the Grantor, and the City of Meridian, State of Idaho, a municipal corporation, the party of the second part, and hereinafter called the Grantee; W I T N E S S E T H WHEREAS, the Grantor desires to provide a sanitary sewer line right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer line is to be provided for through underground pipelines to be constructed by the Grantee; and; WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and for the sum of One Dollar ($1.00) and other good and valuable consideration, the Grantor do hereby give, grant and convey unto the Grantee 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: AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83842 Telephone 8881461 A 28.00-foot wide Permanent Sanitary Sewer Easement being North 28.00 feet of the Vacated Lot 1 of Block 1 of Timothy Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 31 of Plats at pages 1923 and 1924 and lying in the SWl/4 of the SEl/4 of Section 18, T. 3N., R. 1E., B.M., Ada County, Idaho, 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-fo-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 restore the premises used therefor to a condition comparable with that existing prior to exercising this easement right; 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 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 to use during initial construction additional strips of land described as follows: A 11.00-foot wide Temporary Construction Easement lying in a portion of the NW1/4 of the SW1/4 of the SE1/4 of Section 18, T. 3N., R. lE., B.M., Ada County, Idaho and being the Westerly 11.00 feet of the Vacated Lot 1 of Block 1 of Timothy Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 31 of Plats at pages 1923 and 1924. IT IS UNDERSTOOD that the strips of land described in the three (3) previous paragraphs are for the purpose of constructing said sanitary 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 construction of such sanitary sewer line. The Grantors do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned described tracts of land, and that they have a good and lawful right to convey said easement, and they 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 party of the first part have hereunto subscribed his signature the day and year first hereinabove written. AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 888-4481 STATE OF IDAHO,) ~-/ ,~ ,~. ~.-~ , ~ ~ t/ ,.~~__. _. /O, ALD W . VAN PrUC- ~/ !fir ~~~, Canyon s s . County of tea, ) On this 5th Notary Public in W. VAN AUJl~KER, a property, known to to the foregoing executed the same. December day of ~~r, in the year 1986, before me a end for said State, personally appeared RONALD married man dealing with sole and separate me to be the person whose name is subscribed instrument, and acknowledged to me that he IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in this certificate first above written. SEAL Notary Public for Idaho r ; • ~,'~-~~ Residing at:Caldwely Idaho ~l,it ~nr~Kt' ~:s: ~..~ . :, . ,~: t~! ~~.~t ~,r J r I 1 , `r°• Ada County, Idaho, ss Request of , .~ /~,' ' % 'ice ..•.,_ TIME ~! M. DATE i^ - ~ ~- G' . - ~ ~' L JOHN BASTIDA RECORDER Deputy fi' G AMBROSE, FITZGERALD 6CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone888-4481