Sewer Easement with Ulmer, Ray and Deane and Durham, Ray and Lucille G. for Sewer Access' ,
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SEWER EASE.`fENT
THIS INDENTURE, made this da of
-_ y 19 _, between
Ray Ulmer and Deane Ulmer, husband and wife and Ray L Durham and Tu~ille G.
Durham, husband and
wife , the part ies of the first part, and hereinafter called the
Grantor s, and the City of Meridian, State of Idaho, a municipal corpora-
tion, the party of the second part, and hereinafter called the Grantee;
WITNESSETH
WHEREAS, the Grantor s 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
~;
WHEREAS, it will be necessary to maintain and service said pipeline
from tine to time by the Grantee;
NIOW, THEREFORE, in consideration of the benefits to be received by
the Grantor s, and for the sum of Ten Dollars x$10.00) and other good and
valuable consideration, the Grantors do hereby give, grant and convey
onto 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 lying 5 feet Southwesterly of and 15 feet
Northeasterly of the following described line:
Commencing at the Southeast corner of the Southwest one-quarter of Section
35, Township 4 North, Range 1 West,~Boise Meridian, Ada Cor~nty, Idaho, and running
N. 0°26'49" E. 224.60 feet along the Easterly boundary of said Southwest one-quarter
of Section 35 to the TRUE POINT OF BEGINNING OF THE EASEMENT;
thence N. 63°10'59" W. 118.72 feet to a point;
thence N. 61°52'43" W. 500.00 feet to a point;
thence N. 63°04'55" W. 500.00 feet to a point;
thence N. 80°32'47" W. 325.96 feet more or less, to a point on the Westerly
boundary of the SE 1/4 SW i/4, said Section 35, said point also being the POINT
OF ENDING OF THE EASEMENT, said point being S. 89°15'41" E. 1321.69 feet and N.
0°40'02" E. 776.74 feet from the Southwest corner of said Section 35;
EXCEPTING THEREFROM all existing rights of way for Fivemile Creek and Creason
Lateral;
ALSO EXCEPTING THEREFROM an 18 foot strip of land along the entire East side
of the above described property.
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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-
zee, 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 EXPRESSLY UNDERSTOOD SID 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 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-
spent 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 Northeasterly 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. .
Provided, however,. that this easement is granted by Grantor based
on the representation that Grantor, individually, can connect to the
sewer line upon. the payment of the hook-up fees and if there is sufficient
capacity at the waste water treatment facility.
~ d
TT 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 and described tract
of Land, and that ~he~,ha~TP a good and lawful right to convey said ease-
ment, and that ~he~,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 th_ eir signatures the day and year first hereinabove written
Ray Ull~r
Deane Ulmer
STATE OF IDAHO )
ss
County of Ada ~ .
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Ray L. urham
~-~l .G,i._U ~~V ~J ~ .~C-cit.`--~-z ~
Lucille G. Durham
~~
Oa this day of in the year 19 before me the
undersigned, a Notary Public in and for said State, personally appeared
Ray Ulmer and Deane Ulmer, husband and wife and n..,-~...-- err~3--i~erci-~}e-~8~e
husband and
wife , known to me to be the persons whose names are•subscribed
to the foregoing .i~~strument, and acknowledged to me that they executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
offlr.,i~~l., seal the day and year first above written.
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n{j~~ e~ ~
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~.~. ,~~ ., . _ ~ Not y Public for the State o Idaho
v Res ding at ~~~~/~~_~ Idaho
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STATE OI' IDAHO)
. ss.
COUNTY OF ADA )
On this _~~~day of a
177, before me
the undersigned, a Notary Public in an r
._or said Mate, personally
a=speared RAY L. DUR~iAI~R and LUCILLE C. DU2HAr1, husband and wiFe,
known to me to be the persons whose nav*>les are subscribed to
the foregoing instrument, and acknowledcred to me that they
executed the same.
IN ?^7ITidESS ?^IHEREC)F, I have hereunto set my hand and of `fixed
my official seal the day and year rirst above written.
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PP`c~y-~ T~
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~. ~ ~3, Not y Public f Idaho
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i- `~ ~ Res Bence: l?eridian, Idah
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STATE OF IDAHO, COUNTY OF ADA, s.
F.ttil~~ed~~``for record at the request of ~~ '
oL~Min. past~o'cloc~ 67. this ~ day of 19
ENCE A. P~ANT~^~ corder
/~~, ~ Deput,~
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