Sewer Easement with Uptmor, Earl and Arlene L. for Sewer Line Access and Maintenance
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SEWER E.451.:2•fElv'T
THIS INDENTURE, made this ~~ - .
day of - I9~ between
Earl Uptmor <ind. Arlene L. Uptmor, husband and tai e
the parties of the first part, and hereinafter called the
Grar,.tor s, and the City* of Meridian, State of Idaho, a municipal corpora-
tion, the party of the second part, and hereinafter called the Grantee;
WITNESSETH
WHEF.EAS, 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 be provided far through an under-
ground pipeline to be constructed by the Grantee; and
~iS, it will be necessary to maintain and service said pipeline
from tine 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 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 Northwest corner of the Norhheast one-quarter of Section 2,
Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and running S.
89°14'41" E. 932.10 feet along the Northerly boundary of the said Northeast one-
quarter of Section 2 to the TRUE POINT OF BEGINNING OF THE EASEMENT;
thence S. 0°45'19" W. 35.00 feet to a point;
thence S. 89°1..4'41" E. 1296.27 feet along a line parallel to and 35.00 feet
Southerly from the said'Northerl.y boundary of the NE 1/4, Section 2 to a point;
thence N. 84°17'15" E. 133.19 feet to the POINT OF ENDING DF THE EASEMENT, said
point being S. 0°00'29" td. 20.00 feet and N. 89°14'41" W. 282.85 feet from the North-
east corner of said Section 2;
EXCEPTING THEREFROM all. existing rights of way for Fivemile Creek and Ustick Road.
1 '.
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 repJ_acement 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 c'ovenant_ and agree thatt hey 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-
rsent for the purposes stated herein.
IT IS HEREBY FURTHER AGREED that the Grantors 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 Southerly and Westerly
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
complex
Provided, however, that the topsoil in the permanent and temporary
construction easement shall first be removed and set aside from the
other soil from the trench and that the topsoil shall be replaced after
the trench has been backfilled; further provided, that the Grantee shall
not interfere with Grantor's access for more than eight (8) hours.
__
IT IS UIvrDERST00D 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 s do_ hereby covenant with the Grantee that ttteY are
lawfully seized and possessed of the aforementioned and described tract
of land, and that they have 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 t,'HEREOF, the said part iesof the first part have hereunto
subscribed their signatures the da and
Y year first Y;ereinabove written
Earl Uptmor
)I
Arlene L. Uptmor
STATE OF IDAHO )
ss
County of Ada )
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On this day of in the year 19~ before me the
undersigned, a Notary Public in and for said State, personally appeared
Earl Uptmor. and Arlene L. Uptmor, husband and wife,
J
known to me to be the person swhose names are subscribed
to the foregoing instrument, and acknowledged to me that they executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
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o-ff~,$1=.d°~~,,1. the day and year first above written.
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Nota Publ' "or the.Sta~e of da o
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STATE OF IDAHO, COON i Y DF AOA, s. ~!
FileA for record at the re~;ucst of I
~4. this / ~
Min. pas~o'clock~
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