Sewer Easement with Kellogg, C.R. and Kathyrn G. for Sewer Line Access,.
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SEttiTf:R EASE;SE^iT
THIS INDENTURE, trade this
day of 19 between
the party 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;
k'ITNESSETH
WHEP.EAS, the Grantor desire s to provide a sanitary sewer right-
of-way across the premises and property hereinafter particularly bounded
and described; and
4dHEREAS, the sanitary sewer is to be provided for through an under-
ground pipeline to be constructed by the Grantee; and
W~EAS, it will be necessary to maintain and service said pipeline
froth tine to time by the Grantea;
IdOW, ~~FORE, 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 Grantor
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 lying 5 feet Westerly of a7td 15 feet Easterly
of the following described line:
Commencing at the Northwest corner of Section 1, Township 3 North, Range 1 j•:est,
Boise Meridian, Ada County, Idaho, and running S. 0°00'29" E. (formerly described as
S. 0°15'55" E.) 1139.05 feet along the Westerly boundary of the said Northwest onP-
quarter of~ Section 1_;
thence S. 89°02'1.4" E. (formerl_y described as S. 89°17'E.) 83.45 feet to the
TRUE POINT OF BEGINNING'OF THE EASEMENT;
thence N. 0°26'04" E. 227.69 feet, more or less, to the POINT OF ENDING OF THE
EASEMENT;
EXCEPTING THEREFROM al.l existing rights of way for Fivemile Creek.
does hereby give, grant and convey
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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-
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 UiQDERST00D P1v'D 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 GRANTOR hereby covenant s 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-
went for the purposes stated herein.
IT IS IiEREBY FURTHER AGREED that the Grantor do es 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 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.
IT IS UNDERSTOOD and agreed that the Grantee will restore said strip
to a condition comparable to that existent prior to the undertaking of
L'he construction of such sanitary sewer line.
The Grantor_ does hereby covenant with the Grantee that he is
lawfully seized and possessed of the aforementioned and described tract
of ].and, and that he has a good and lawful right to convey said ease-
went, 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 part Y of the first part ha s hereunto
subscribed h;G signature the day and year first hereinabove written
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C.R. Kellogg
STATE OF IDAHO )
County of Ada )
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On this ~_ day of ~n the year 19~ before me the
undersigned, a Notary Public in and for said State, personally appeared
C.R. Kellogg, - ~~tnd
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' < ;~. known to me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that he executed
the same.
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• ~" ~Zi~~ ~J~'Tz'ti'ESS WHEREOF, I have hereunto set my hand and affixed my
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~~• off~.cia~l 'sea?~,_ the day and year first above written.
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~''~~~-~`,.~ ~ Notar Public f r the. State of aho .
Resi ing at ~ , daho
STATE OF IDAHO, COUNTY OF ADA,
File9 for record at ~the~ request of
Min. past~'clock~ M. this ~~day of 19~
C Rt'°dC A. PLA; ~G ecorder ,~ i
gy ~ Deputy ~
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