Sewer Easement with Young, Harry and Flora Ann for Sewer Line Maintenance._
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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.
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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-
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.
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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.
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