Sewer Easement with Jones, Anna M. and Fabricius, Martin H. and Patricia J. for Sewer Line Access' `~
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SEWER EASEMENT
THIS INDENTUP.E, made this Z3 day of ~a-n~w~~ 198, between
Anna M. Jones, ~3r-tree-lr~-W-i-frc~izs-~e~, and Martin H. Fabricius and Patricia
J. Fabricius, husband and wife, the parties of the first part, and here-
inafter 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;
WITNESSETH
WHEF.EAS, the 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 under-
ground pipeline to be constructed by the Grantee; and
kfHE.F~EAS, it will be necessary to maintain 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 ~sran~~ers dc_ 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:
A strip of land 20 feet in width adjacent to and centered upon the
following described line:
Commencing at the Northwest corner of the Northeast One-Quarter of
Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho,
and running S. 0°34'58" W. 798.57 feet along the Ldesterly boundary of said
Northeast One-Quarter, Section 7, to a point;
thence S. 89°42'38" E. 661.38 feet to the TRUE POINT OF BEGINNING OF THE
EASEMENT;
thence N. 0°17'22" E. 125.00 feet to the POINT OF ENDING CF THE EASEMENT.
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 t-he Grar_-
,tee, with the free right of access to such facilities at any and all times.
TO HAVE ARID i0 HOLD, the said easement and right-of-way unto the
said Grantee, its successors and assigns forever.
IT IS EXPRESSLY U:dDEP.ST00D ~uD 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
is 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 GRA.'JTOR 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 ease-
ment for the purposes stated herein.
IT IS HERESY FURTHER AGREED that the Grantors do hereby give and
grant to the Grantee the right to use during initial construction an
additional strip of 1ar_d described as follows:
A strip of land 20 feet in width lying adjacent to and Easterly 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. ~,
~v
r
IT IS UNDERSTOOD and agreed that the Grantee will restore said strip
to a condition comparable to that existent prior to the undertal:~.ng cf
the construction of such sanitary sewer line.
The Grantors do hereby covenant with the Grantee that the v are _
--r -
lawfully seized and possessed of the aforementioned and described tract
of land, and that the y ha ve a good and lawful right to convey said ease-
went, and thatthex 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 part ha ve hereunto
subscribed their signatures the day and year first hereinabove written
r- ~,
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Anna M. Jones
STATE OF IDAHO )
ss
County of ~c~c~ )
//~ ~ ~ ~-~
Martin H. Fa ricius
Patricia J. abricius
On this z3 day of -~ a-ti vctr~ in the year 19 ~~ , before me the
undersigned, a Notary Public in and for said State, personally appeared
Anna M. Tones
known to me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that she executed
the same.
IN WITNESS W:iEREOF, 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
Residing at ~ e ~,~ : c~.,,~ Idaho
.r
STATE OF IDAHO )
/ ss
County of ,Lj~c~.. )
On this Z ~ day of ~~'- y Q,~,.
`1 in the year 19 ?_ g , before
me the undersigned, a Notary Public in and for said State, personally appeared
Martin H. Fabricius and Patricia J. Fabricius, husband and wife
known to me to be the persons whose name s are sub-
scribed to the foregoing instrument, and acknowledged to me that they executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year r'irst above written.
L " A~-C ~ .
Notary Public for the State of Idaho
• Residing at /~~Y;~:~. Idaho
~~
STATE OF IDAHO )
ss
County of )
On this day of
in the year 19 before
me the undersigned, a Notary Public in and for said State, personally appeared
Bruce K. Winchester
known to me to be the person whose name
-- _ is sub-
scribed to the foregoing instrument, and acknowledged to me that he executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
Ada County, Id ho, ~
qu st of ~
TIME ~ ; ~ ~ ~
DA1c -y
CIF, r;~=O~-,~~ RNT~
F~~:;~;~DtR G
$y
Deputy
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Notary Public for the State of Idaho
Residing at Idaho
s