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