Sewer Easement with Flack Damon, M. and Joy S. and Simunich, Joe and Katherine for Sewer Line Access3
,rte,
SEWER EASE.•fENT
THIS INDENTURE, made this ~~ day of ,
~ ~'ey 5. ~ `4`k ~ 19~, between
Damon. M. Flack and Joe Simunich ~• k~~G/' int.
the parties of the first part, and hereinafter called the
Grantor. and the City of Meridian, State of Idaho, a municipal corpora-
tion, the party of the second part, and hereinafter called the Grantee;
WITNES SETIi
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 beyprovided 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 time to time by the Grantee;
NOW, THEREFORE, 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 Grantor s do 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: -
Commencing at the Southwest corner of the Southeast one-quarter of the Northwest
one-quarter of Section 1, Township 3 North, Range 1 [v'est, Boise Meridian, Ada County,
Idaho, and running S. 89°27'12" E. 150.00 feet along the Southerly boundary of said
Southeast one-quarter of the Northwest one-quarter of Section 1 to the TRUE POINT OF
BEGINNING OF THE EASEMENT;
thence N. 32°47'37" E. 75.88 feet to a point, said easement being 20 feet in
width and centered upon the described line;
thence N. 57°12'23" W. 227.10 feet, mare or less, to a point on the Westerly
boundary of the said SE 1/4 NW 1/4, Section 1, said easement being 20 feet in width
lying 5 feet Southwesterly of and 15 feet Northeasterly of the described line, and
said point being the POINT OF ENDING OF THE EASEMENT;
EXCEPTING THEREFROM all existing rights 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 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 ?.IvD 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 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-
went for the purposes stated herein.
IT IS HEREBY FURTHER AGREED that the Grantor ~ 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 Easterly of the above
described permenent 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 ••
to Grantee based on the representation by Grantee that Grantor can
connect to the sewer line, individually or when his land is developed,
upon payment of the hook-up fees and if there is sufficient capacity
at the waste water treatment facility..
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;~1~,STA~'~ OF IDAHO
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COL7N~'~;.~OF ADA )
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.> ., ,., ~.~ 'On,= this 8th day of July, 1977, before me the undersigned,
•d '~'a`~To't'~ry Public in and for said State, personally appeared
'~ f~ ~~FlI`4~.N.,P~7. FLACY. and JOY S. FLACK, known to me to be the
,;,.~re;~s~bns whose names are subscribed to the foregoing instrument,
Wand acknowledged to me that they executed the same.
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IN i~7ITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year first above written.
~~
No ry Public for Idaho
Re idence: Meridian, Id ho.
STATE OF IDAHO, COUNTY OF ADA, ss. `~~F.,,L ,
F'il for record at the request of ~ / day of 19
~o'clock~ M• this L~ ~
b Min. Das I ,Record
0 RE~lCE A. P eputY
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