Sewer Easement with Kellogg, John L. and Bonnie Z. for Sewer Line Access
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'78~1~1.6
SEWER EASEMENT
THIS INDENTURE, made this ~~day of 19~, between
John L,. Kellogg, ~ ---- ; ~' m ,f, Qonn iL ~ KL~~OerU ~IJS'~O~tid qr1~
_ /~V h'~C ~ , the part y of the first part, and hereinafter called the
Gxantor~, and the City of *ieridian, State of Idaho, a municipal corpora-
tion, the party of the seccnd part, and hereinafter called the Grantee;
WITNESSETH
WHEREAS, the Grantor. desired 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
GffiE:REAS, 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, and for the sum of Ten Dollars ($10.00) and other good and
valuable consideration, the Grantors' do r t-.ereby 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 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°00'29" E. (formerly described
as S. 0°15'15" E.) 1139.05 feet along the Westerly boundary of the Northwest one-
quarter of said Section 1 to a point;
thence S. 89°02`14" E. (formerly described as S. 89°1.7`E.) 83.45 feet to the
TRUE POINT OF BEGINNING OF THE EASEMENT;
thence S. 0°26'04" W. 227.47 feet, more or less, to the POINT OF ENDING OF THE
EASEMENT;
EXCEPTING THEREFROlvi all existing rights of way for Fi.vemile Creels.
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 P.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.
THE GRANTORS hereby covenant - and agree + that'~'heV 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, dos 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.
PROVIDED, however that this easement is given on the consideration
that Grantee shall install one (1) eight (8) inch sewer stub at the
invert elevation of approximately fifty-six and one-half (56.5) in
the manhole located at approximately station•168 as shown on the Phase
II Sewer Project map provided Grantor.
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 UA'DERSTOOD 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 doh hereby covenant with the Grantee that '}he~ ~ ~~,
lawfully seized and possessed of the aforementioned and described tract
of Iand, and that ~e~ harms 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 WHEREOF, the said part Y of the first part haf~-hereunto
subscribed ~ signatures the day and year first hereinabove written
.'7 i' /~ ~ j'9
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''J'ohn L. Kellogg
STATE OF IDAHO )
County of Ads )
ss
On this ~~~ day of in the year 19~, before me the
undersigned, a Notary Public in and for said State, personally appeared
John L. Kellogg, '~' ~OM M f ~ 1ZJ' KG ~~OCra ~ l/ t' bph ~ y
~ -
~„ known to me to be the persons whose name A~,~ subscribed
to the foregoing instrument, and acknowledged to me that hey executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
~:tiiil ','.
si~fi~t~ial••sf~;3`].., the day and year first above written.
,., ~ ~,,
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b_ Nota Public for the tote of daho
t~A%~' ,
~,, ~ ,,~ Resi ing at Idaho
OF ADA, ss. ~ ~ s,r.ri
g7ATE OF IDAHO. COUNTY 19~
nest of ~ / day of
Filed for record at the reQ ~ b9 this L---
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Min. pas . i~G. kec:;r~,er
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