Sewer Easement with Kellogg, James R. for Sewer Line Accesss ,s.w
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SEWER EASE:~iENT
THIS II~'DENTURE, made this day of lg between
James R. Keilo a single man.,
the part y 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;
WITNESSETH
WHEREAS, the Grantor desires to provide a sanitary sewer ri_ght-
of way across the premises and property hereinafter particularly bounded
and described; and
WHEREAS, the sanitary sewer is to be provided for through an under-
ground pipeline to be constructed by the Grantee; and
FIf~FA~, it will be necessary to maintain and service said pipeline
from time to time by the Grantee;
PIOW, 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 Grantor does 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 describefl property:
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A strip of land 20 feet in width lying 5 feet Westerly of and 15 feet Easterly
of the following described line:
Commencing at the Northwest corner of Section 1, Township 3 North, Range 1 West,
Boise Meridian, Ada County, Idaho, and running S. 0°00'20" E. (formerly described as
S. 0°15'55" E.) 683.43 feet along the Westerly boundary of the Northwest one-quarter
of said Section 1;
thence S. 88°54'24" E. (formerly described as S. 89°09'10" E.) 86.97 feet to
the TRUE POINT OF BEGINNING OF THE EASEMENT;
thence S. 0°26'04" W. 227.69 feet, more or less, to the POINT OF ENDING OF THE
EASEMENT;
EXCEPTING THEREFROM all existing rights of way for Fivemile Creek and Creason
Lateral.
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 FiOLD, the said easement and right-of-way unto the
said Grantee, its successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD ?.I~1D 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 thar_ 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-
mint for the purposes stated herein.
IT IS HEREBY FURTHER AGREED that the Grantor does 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
the construction of such sanitary sewer line.
The Grantor does hereby covenant with the Grantee that he is
lawfully seined and possessed of the aforementioned and described tract
of land, and that he has a good and lawful right to convey said ease-
ment, and that he will warrant and forever defend the title and quiet
possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WN~REOF, the said party of the first part ha s hereunto
subscribed },ice signature the day and year first hereinabove written
James R. Kellogg
STATE OF IDAHO )
County of Ada )
ss
On this ~ day of in the year 19~, before me the
undersigned, a Notary Public in and for said State, personally appeared
James R. Kellogg
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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.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
off.€~:~~'~.~,~..: the day and year first above written.
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T.. , ~ 1
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~. ' ~ ~ Nota y Public for the. State o Idaho
~ ~~ Res ding at ~~j~j~/j~,,,, Idaho
.r er ~;
STATE OF IDAHO, COilNTY OF ADA, s. '
Fi d for record at the request of
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Min. pastLc~o'cloc M. this 11-day of Y9
C RENCE A. P ecorder ~ ~
~..~--1-Deputy
By ~
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