Dillabaugh, Belle and Tully, James for Sewer Line Access~:~
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S~aWER EASE:•1E:+T
7~DIS INDENTURE, made this _~~~ day of Q , 19~, between
Belle Dillabaugh and James Tully
the part ies of the first part, and hereinafter called the
Grantor s, and r_he City of Neri.dian, State of Idaho, a municipal corpora-
ti.on, the party of the second part, and hereinafter called the Grantee;
WITNTES SETH
WiiEREA.S, 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
~~EAS, it will be necessary to maintain and service said pipeline
from tine to time by the Grantee;
hOW, THI".:R,EFURE, in consideration of the benefits to be received by
the Grantors and for the sum of Ten Dollars ($10.00) and other good and
valuable consideration, the Grantor s do_ rereby gimme, 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 Southerly and Westerly of and 15
feet Norther ly and Easterly of the following described line:
Commencing at the Southwest corner of the Northwest one-quarter of Section 1,
Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and running N.
0°00'29" W. 1332.93 feet along the Westerly boundary of said Northwest one-quarter
of Section 1, to the Northwest corner of the SW 1/4 NW 1/4, said Section l;.
thence S. 89°15'40" E. 81.69 feet along the Northerly ,boundary of the said
SW 1/4 NGI 1/4, Section 1, to the TRUE POINT OF BEGINNING Or THE EASEMENT;
thence S. 0°26'04" W. 296.51 feet•to a point; `
thence S. 32°37'02" E. 118.13 feet to a point;
thence S. 57°12'23" F.. 1409.48 feet, more or less, to a point on the Easterly
boundary of the said SW 1/4 Ned 1/4, Section 1, said point also being the POINT OF
ENDING OF Ti1E. EASEMENT, said point being N. 0°03'29" E. 185.36 feet from the
Southeast corner of the Southwest one-quarter of the Northwest one-quarter of Section
1;
EXCEPTING THEREFROM all existing rights of way f_or~ Fivemile 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.
THE GRANTORS hereby covenant` and agree thatt hem 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-
tgent for the purposes stated herein.
ZT 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 Northeasterly from 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.
Provided, however, that all privately owned bridges and/or
stream crossings shall not be used by the contractor unless the
contractor obtains approval of the owner.
~,
STATE OF IDAHO)
ss.
COUNTY OF ADA )
On this G ~h day of ~~,~, f V 1977 , before me,
the undersigned, a Notary Public in a d r (said State,
personally JAMESTTULLY and ~r.'~V L. ~ ~t1(
known to me to be the persons whose named a e subscribed
t the foregoing instrument, and acknowledged to me that
~he y_ executed the same.
TIN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal, the day and year in this certificate
first above written.
(LAL)
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Not y Public for Idaho]
Res dence: Meridian, Idaho
STATE OF IDAHO, COUNTY OF ADA, s~
' ed for record at the request of G!J _ 4~
v Min. pas o'clock M. this -~~.day of lg~~
IARENCE A. PLA' 1 Record
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STATE OF IDAHO)
. ss,
COUNTY OF ADA )
On this G'fy day of ~k ~V 1977, before me,
the undersigned, a Notary Publi~cl in and of r said State,
personally JAMESTTULLY and I3G (T V L . ~ ~~~(
known to me to be the person whose name a e subscribed
tq'the foregoing instrument, and acknowledged to me that
`t~e~ executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal, the day and year in this certificate
first above written.
(S. AL) C'"
"'t Not Public for Idaho
Y
~ "~~ r~'" Res deuce : Meridian, daho
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STATE OF IDAHO, COUNT'f OF ADA, ss
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~ `'.'+ ~ ~ for record at the request of (,~/, d
Min. pas o'clock M.this w
,L~.day of 19
LARENCE q, pL.A Record \ '`'~
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Deput,~i