Sewer Easement with Overton, Nora B. and Crow, Ruth I. and Johnson, Floyd T. and Elnora L. for Sewer Access~-
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SEivr,R EAS~~_~'T
3~iIS Z;iDE:1TLTRE, wade this ~/ day of 1978, between
~~G-rv-n--v~ c31~1~~ f~ ~ armd--°'~Tn r a R (l~ ~ o r t n n h_a~~,-n -~ __~ _ _: ~ ,, u• 1 l r a n h
-a. ~u nu ~ I .
Crow, h+*~}+--~°-'--~=~__and Floyd T. Johnson and Elnora L. Johnson, husband and wife.
the parties of the first part, and hereinafter called the
Grantor s, and the Citp of Meridian, State of Zdaho, a municipal corpora-
tion, the party of the second part, and hereinafter called the Grantee;
WTTNESSETH
RS~BEAS, the Grantors desire to provide a sanitary sewer right-
o~vay across the premises and property hereinafter particularly bounded
and described; and
~FaS, the sanitary sewer is to be gravi.ded for through an under-
ground pipeline to be constructed by the Grantee; and
Ti1F~FRF.ES~ it will be necessary to ~~ntain and service said pipeline
from tine to time by the Grantee;
BOA, THEZBEF'ORE, in consideration of the benefits to be received by
the Grantor s, and for the sum of Ten Dollars ($10.00) and other good and
valuable consideration, the Grantors do hereby give, grant and convey
onto the Grantee the right-of-way for as 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 lying 5 feet Northerly of
and 15 feet Southerly of the following described line:
Commencing at the Northwest corner of the Northeast 1/4 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 Westerly boundary of said Northeast
1/4 of Section 7 to the TRUE POINT OF BEGINNING OF PLRMAtiENT EASEMENT N0. 1;
thence S. 89°42'38" E. 300.95 feet do she PAINT OF ENDING OF PERMANENT
EASEMENT N0. 1;
Also, a strip of land 20 feet in width and adjacent to the following
described line:
Commencing at the Northeast corner of the Northwest 1/4 of Section 7,
Township 3 Pdorth, Range 1 East, Boise Meridian, Ada County, Idaho, and
running S. 0°34'58" W. 798.57 feet along the Easterly boundary of said North-
west 1/4 of Section 7 to a point;
thence N. 89°42'38" W. 13.07 feet to a point;
thence S. 0°25'05" W. 109.98 feet to the TRUE POINT OF BEGINNING OF
PERMANENT EASEMENT N0. 2;
thence continuing S. 0°25'05" W. 144.90 feet to a point, said easement
lying 5 feet Easterly of and 15 feet Westerly of the described line;
thence N. 89°28'42" W. 114.31 feet to a point said easement being centered
upon the described line and said point being the POINT OF ENDING OF PERMANENT
EASEMENT NO . 2 ;
EXCEPTING THEREFROM all existing right of way for Fivemile Creek.
..
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 Gran-
tee, with [he free right of access to such facilities at any and all ti:aes.
TO HAVE AIVD TO HOLD, the said easement and right-of-way unto the
said Grantee, its successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD ?.ND AGREED, by and between the parties
hereto Lhat 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 the y 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 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 adjacent to and Southerly of the above
described permanent Easement No. 1; and
A strip of land 30 feet in width adjacent to and Westerly and Southerly
of the above described Permanent Easement No. 2.
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.
~,
IT IS UNDERSTOOD and agreed that the Grantee will restore said strip
to a condition comparable to that existent prior to t::e undert4riing or
the construction cf such sanitary sewer Lire.
The Grantors do_ hereby covenant with the Grantee that they are
lawfully seized and possessed of the aforementioned and described tract
of Land, and that theme ha ve a good and Lawful right [o convey said ease-
ment, and that theme 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 have hereunto
subscribed their signatures the day and year first hereinabove written
Nora B. Overton
Floyd T.: ohnson
~~ ti~
Rut I. Crow
.~ ~ ,' _
Elnora L. Johnson - ' ~~
STATE OF IDAIiO )
ss
County of )
Oa this ~ / day of in the year I9~~, before me the
tlladersigned, a Notary Public in and for said State, personally appeared
Thomas-.--~' -.-,f~vertca aed Nora B. - Overton, #~r~t~nn~ a ' F ,z ' 1-1--~e3a--aid Ruth
T. ~'rOF~ ~±tc}»n~ _--__-~ F., A77!'t Fl ntirl T 7..1. ~ ni ~ ~
J 111LSV11 anu nlilUra ~'L JOhnSOn, husband
and w;fa known to me to be the person swhose name s are subscribed
to the foregoing instrument, and acknowledged to me that theme executed
the same.
ID1 WITNESS WHEREOF, Z have hereunto set my hand and affixed my
official seal the day and year first above written.
~'/ L GiC~~-t~.
Notary Public for the State of Idaho
~~$ E::oi~~EYy, ~~~, ~` ~5 Residing at 7~~~z~! Idaho
Rsyues of
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TIME a +~• - -
DATE pp ~~
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