Sewer Easement with Stucker, Lee Roy and Fae Marie and Lee Roy and Fae Marie Stucker Trust and Burnham, F. Mark and Nettie M.820`74~~5
BETHAVEN SUBDIVISION
CITY OF MERIDIAN
ADA COUNTY, IDAHO
SEWER EASEMENT
THIS INDENTURE, made this 1Rt~1ay of Feb. 1982, between
Lee Roy and Fae Marie Stucker as trustees of the Lee Roy and Fae
Marie Stucker Trust, and F . Mark Burnham and Nettie M . Burnham,
the parties of the first part, hereinafter called Grantors, and
the City of Meridian, State of Idaho, a municipal corporation,
the party of the second part, hereinafter called Grantee;
W I T N E S S E T H:
WHEREAS, 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 Grantor; and
WHEREAS, it will be necessary to maintain and service said
pipeline from time to time by Grantee;
NOW, THEREFORE, Grantors do hereby give, grant and convey
unto Grantee the right-of-way for an easement for the operation
and maintenance of a sanitary sewer line over and across the fol-
lowing described property: '
The easement being located in the NE4NW4 of Section 11, T.3 N.,
R.1 W., B.M., Ada County, Idaho, more particularly described as
follows:
Commencing at the one-quarter section corner common to Sec-
tions 2 and 11, T.3 N., R.1 W., B.M., Ada County, Idaho, from
which the northwest corner of said Section 11 bears N.89°03'40"W.,
2653.48 feet, thence N.89°03'40"W. along the section line common
to said Sections 2 and 11, 418.23 feet to a point; thence
S.0°56'20"W., 40.00 feet to a point; thence 5.15°05'E., 286.46
feet to a point, thence S.27°15'E., 231.35 feet to a point;
thence S.2°21'E., 32.77 feet to the real point of beginning;
thence S.2°21'E., 30.11 feet to a point; thence N.82°40'E.,
165.51 feet to a point; thence N.0°10'E., 30.26 feet to a point;
thence 5.82°40'W., 166.85 feet to the real point of beginning.
The easement hereby granted is for the purpose of construc-
tion and operation of a sanitary sewer line and allied facili-
ties, together with their maintenance, repair, and replacement at
the convenience of 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
Grantee, its successors and assigns forever.
IT IS EXPRESSLY UNDE RSTOOD AND AGREED, by and between the
parties hereto that in making repairs and replacements, the
Grantee will expediently restore the premises to a condition
comparable to that existent prior to undertaking such repairs and
replacements.
GRANTORS hereby covenant and agree 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 de-
scribed easement for the purposes stated herein.
GRANTORS hereby covenant with Grantee that they are lawfully
seized and possessed of the aforementioned and described tract of
land and they have a good and lawful right to convey said ease-
ment, and 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 parties of the first party have
hereunto subscribed their signatures the day and year first above
written.
j ~ - /j ~, ,~ ~~
Lee Roy Stucker a.e a ie c. _
STATE OF IDAHO)
County of Ada )
On this 1~ day of February 1982, before me the under-
.
signed, a Notary Public in and for the State of Idaho, personally
appeared Lee Roy and Fae Marie Stucker, known to me to be the
persons whose names are subscribed to the within instrument as
Trustees of the Lee Roy and Fae Marie Stucker Trust and acknow-
'. .led,E ~ , to me that they executed the same a such Trustees of the
i ®~' ,~Ll,e~e4 RoX and Fae Marie Stucker Estate. ~
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`~-` ~ ~~~~~ ~~~ Notary Pu "lic for Idaho
Residing at ~1.,, ~,~ Idaho
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F. P~iark Burnham
STATE OF IDAHO)
County of Ada )
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Nettie R'I. Burnham ~
On this 1 ~ day of February
1982, before me the under-
signed, a Notary Public in and for said State, personally ap-
peared F. P~~ark Burnham and Nettie P~'. Burnham
known to me
to be the persons whose names are subscribed to the foregoing
instrument, and acknowledged to me they executed the same.
~,
IN WITNESS WHEREOF, I have hereunto se my hand and affixed
my official seal the day and year first a ve wri en
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.Ada :oti~rtty, Idaho, ss.
Rec~_ , ~,.
.;Ji~ g !T p~O'~
8~5i~D R.
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Deputy
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~~ otar Pub c or Idaho
Residing at ~,,.~ Idaho
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