Sewer Easement with Huskey, Leonard R. for Sewer Line Access• ~, `_-,t
~~1819
vEI•~TP. E.1SF.~IvT
THIS INDENTURE, made this ~.~,~- da of
y , 19~ between
Lenard R. Huskey
the part~sof the first part, and hereinafter called the
Grantors and the City of Meridian, State of Idaho, a municipal corpora-
Lion, the party of the second part, and hereinafter called the Grantee;
WITNESSETH
WHEREAS, the Grantor t desires to provide a sanitary sewer right-
of- way across the premises and property hereinafter particularly bounded
and described; and
[dHEREAS, the sanitary sewer is to be provided for through an under-
ground pipeline to be constructed by the Grantee; and
WHE1?`EAS, it will be necessary to maintain and service said pipeline
from time to time by the Grantee;
IdOW, THEREFORE, in consideration of the benefits to be received by
the Grantor, and for the sum of Ten Dollars ($10.00) and other good and
valuable consideration, the Grantors 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:
A strip of land 20 feet in width centered upon the following described line:
Commencing at the Southwest corner of Section 35, Toumship 4 North, Range 1
West, Boa_se Meridian, Ada County, Idaho, and running N. 0°53'14" E. 1156.30 feet
along the Westerly boundary of said Section 35, which is also the said centerline
of Tenmile Road, to the TRUE POINT OF BEGINNING OF THE EASEMENT;
thence S. 59°07'09" E. 480.43 feet to a point;
thence S. 80°32'47" E. 9]_2.78 feet more or less tc a point on the ~~'esterly
boundary of the SW 1/4'SW 1/4, 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°4U`02" E. 776.74 feet from the said Southwest cerner of "ection 35;
EXCEPTING THEREFROM al.i existing rights of wa.y for Tenmile Road, Creason
Lateral, and Fivernile 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 ~.ND 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.
TAE GRANTORi hereby c~ovenant~ and agrees 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-
naent for the purposes stated herein.
IT IS HEREBY FURTHER AGREED that the Grantors dot,a 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.
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.
i~-
IT 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 Grantor t do`t hereby covenant with the Grantee that~he~ ~
~_
lawfuL.ly seized and possessed of the aforementioned and described tract
of land, and that phew ham a good and lawful right to convey said ease-
went, and.that they will warrant and forever defend the title and quiet
possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said part ~sof the first part have hereunto
subscribed ris signature the da and
~. y year first hereinabove written
>`i
Leonard P~. Huskey
~ __
STATE OF IDAHO )
County of Ada )
ss
h!
(?n this ~~ day of in the year 19~, before me the
undersigned, a Notary Public in and for said State, personally appeared
Leonard R. Huskey
J
known to me to be the person; whose na;,ie~ ~ subscribed
to the foregoing instrument, and acknowledged to me that the! executed
the same.
Nota y Publ' for the State o Idaho
n t~ ~ '_ ~ Res ding at Idaho
y r
,~,_,",~
IId WITNESS WHEREOF, I have hereunto set my hand and affixed my
of ~~tC~i~~l..,seal the day and year first above written.
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STATE OF IDAHO, COUNTY OF ADA, s. % ~
filed for record at the request of - o _
Min. pas 'cio; k_ M. this day of 1 ,
G' AFEfJ~PLAPJTING,~Recorder ~~
6y ~ °~ Deputy(
~~