Sewer Easement with Jones, Anna M. and Morgner, Eva Marleen and Fabricious, Martin H. and Winchester, Bruce K. and Fabricious, Patricia J. for Sewer Line Access.. > ~;~- .
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THIS
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-~. Jones
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SEWER F.a.SE-~:i:
:pade this ~ I day of ~`~ ~~~~~ 19 %%, between
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r-a~k Mor a Martin H. Fabrici¢'us, and Bruce K.
Ck- .~, ~ ~ s G=b V.S
the parties of the first part, 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;
WSEHEAS, the Grantors desire to provide a sanitary sewer right-
af-way across the premises and property hereinafter particclarly bounded
and described; and
NSERFAS, the sanitary sewer is to be provided for through as uader-
ground pipeline to be constructed by the Grantee; and
LTHF:RF.AG~ it will be necessary to ma,r,rain .and service said pipeline
from tine to time by the Grantee;
NOW, THEREFORE, 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 the right-of-way for an easement for the constrsctian,
operation and maintenance of a sanitary sewer line over and across the
following described property:
A strip of land 20 feet in width adjacent to and centered upon the follow-
ing described line:
Commencing at the Northwest corner of the Northeast 1/4 of Section 7,
Township 3 North, Range l East, Boise Meridian, Ada County, Idaho, and running
S. 0° 34' S8" W. 798.57 feet along the Westerly boundary of said Northeast
1/4 of Section 7 to a point;
thence S. 89° 42' 38" E. 300.95 feet to the TRUE POINT OF BEGINNING OF
THE EASEMENT;
thence continuing S. 89° 42' 33" E. 360.35 feet to a pointf;
thence S. 9° 40' 13" E. 374.30 feet to a point;
thence 5.30° 56' 09" E. 549.90 feet to a point;
thence S. 8° 41' 43" E. 261.19 feet to a point;
thence S. 9° 57' 00" W. 244.22 feet to a point; .
thence S. 24° 57' 23" W. 357.92 feet to a point;
thence S. 1° 17' 38" W. 221.84 feet to the POINT OF ENDING OF THE
EASEMENT, said point being S. 89° 33' S2" W. 1780.22 feet from the Southeast
corner of said Northeast 1/4 of Section 7;
EXCEPTING THEREFROM all existing rights-of-way for East Pine Avenue and
Fivemile Creek.
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The easement hereby granted is zor 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 Gran-
,tee, 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 the
said Grantee, its successors and assigns forever.
IT IS E~C'RESSLY UNDERSTOOD P.ND 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 covenant_ and agree that theme 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 ease-
meat 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 an
additional strip of land described as follows:
A strip of land 30 feet in width lying Southerly at the first segment of
the above described permanent easement, and Easterly of all other segments of
the above described permanent easement.
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 when the initial construction is
completed.
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I'T 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 theme are
lawfully seized and possessed of the aforementioned and described tract
of Land, and that the~rha ve a good and lawful right to convey said ease-
meat, and thatthe~rwill warrant and forever defend the title and quiet
possession thereof against the lawful claims of all persons whomsoever.
ZN WITNESS WHEREOF, the said parties of the first part have hereunto
subscribed their signatures the day and year first hereinabove written
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STATE OF IDAHO )
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County of ~~-cl o,_ )
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Martin H. Fabricidus
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~ruce K. Winchester
Oa this I da of C 1, ~-r <.~ y _,
y in the ear 19/i before me the
~1 undersigned, a Notary Public in and for said State, personalJ.y zppeared
-~: Jones, ~~c Morgner, Martin H. Fabrici~us and Bruce K. Winchester
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known to me to be the personswhose name s are subscribed
to the foregoing instrument, and acknowledged to me that theme executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.
Notary Public for the State of Idaho
~~.,~~~;r~, Residing at ~-(~.~ - ~,~", z~` Idaho
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. ~ ~ STATE OF IDAHO, COUWTY OF ADA, ; 3.
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r Fil d for reccrd at the request of
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Min. past~o'ciock~ P~1. this day of 19Z,~,
ENCE A. PLANTI order -
~' _a.~. .. ~.~..Deputy ,
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