Loading...
Sewer Easement with Young, Harry and Flora Ann for Sewer Line Maintenance._ i~ ~~~~f~ SE~~ EASE+~~T V ISIS INDENTURE, made this _~ day of , I9 77, between Harry.YounQ and Flora Ann Youn g the parties of the first part, and hereinafter called the Grantors , and the City of Meridian, States of Zdaho, a municipal corpora- tioa, 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 WHERFQS, the sanitary sewer is to be provided for through an under- ground pipeline to be constructed by the Grantee; and ~AERRe~, it will be necessary to maintain and service said pipeline from time to time by the Grantee; 1QOW, 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 tmto 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 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 County, 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. 20.09 feet to the POINT OF ENDING OF THE EASEMENT; 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- xee, t~ith the free right of access to such facilities at any and all times. TO GAVE AND 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 hezeto 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 prioz to under- taking such repairs and replacements. THE GRANTORS hereby covenant and agree that ~he~ 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 SEREBY 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, it is understood and agreed that Grantee shall not interrupt Grantor's access to their property for any length o:f time greater than one four (4 ). hour period for the placement of the sewer unless the contractor first obtains Gr_antor's permission. ~ • ' ~- ~ ~ ~ IT ZS 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 Iand, and that they hav e a good and lawful right to convey said ease- meat, 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 ha ve hereunto subscribed their signatures the day and year first hereinabove written Harry Youn G. Flora Ann Young STATE OF IDAHO ) County of Ada ) 38 S1HfE OF IDAHO, COUNTY OF ADA, ss. Fi??led~~for record at the request of ~CLMin. past~o'clock~ M. this ~_day of 1 .~, ARENCE A. PLAN G, ecorder c J ~ Deputy Oa this ~ day of in the ear 19 77 y before me the undersigned, a Notary Public in and for said State, personally appeared Harry Young and Flora Ann Young known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same. ffi WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. . ~;~ "~ ~ f~~ sell '~ ~- __., - ,~ ~ Notar Public r they Stake o Idaho ~ t~ ..~ ~ Besi ing at , Idaho I ~` F. ~`` /3'LQ-tom 77J Ll/u- (~,,.d-*~-~C...~dr ~-:~., f? D., ,~~, o -~. }rt.