Sewer Easement with Lyons, Francis J. and Myrtle I. for Sewer Line Access,.~
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S~;tti'E?2 EASF..'•!~NT
T'F:TS I,v'DENTUn.E, ta{:~de this 3/ day of 197r~
between
,
Fra.t:c_i.s~T. Lyons and Nlyrt~.e I. Lyons, husband and wife
the part ies of the first part, and hereinafter caJ_led the
GranP:ar`s, and the City of reridian, State of Idaho, a municipal corpora-
tion, the party ofmthe second part, and hereinafter called the Gr.-antee;
4IT2~'ESSETH
k~IE'i:F:AS, the Grantor s - desire to provide a sanitary sewer r~.ght-
of-F~a.y across the premises and property hereinafter particularly bounded
and described; and
T~'H?~:RI:.4S, the san~_tary sewer is to be provided for through an under--
ground pipeline to be constructed by the Grantee; and
~JHF.REAS, it will be necessary to maintain and service said pipeline
from tir.ie to time by the Grantee;
NOTd, TliEitEFORE, 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 10 feet in width lying adjacent to and Easterly of the
following described line:
Commencing at the Southwest corner of Section 6, Township 3 North, Range
1 East, Boise, Meridian, Ada County, Idaho, and running N. 88°35'49" E. 705.14
feet along the Southerly boundary of said Section 6 to the TRUE POINT OF f
BEGINNIPdG OF THE EASEMENT;
thence N. 0°19'49" E. 412.50 feet to the POINT OF EIv~DING OF .TEE EASEMENT;
EXCEPTING THEREFROM all existing right-of-way for Fairview Avenue.
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The easement hereby granted is fore 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 MOLD, the said easement and right-of-way unto the
said Grantee, its successors and assigns forever.
IT IS EXERESSLY UNDEP.STUOD ~.IvTD 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 ttzis easement; that
in making future repairs the Grantee wil_1 expediently replace and restore
the premises to a condition comparable to that existent prior to under-
taking such repairs and replacements.
THE GRA.'vTORS hereby covenant- and agree that theme 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-
ment 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 10 feet in width adjacent to and Easterly of the
Southerly 120 feet of the above described permanent easement; and a strip
of land 30 feet in width adjacent to and Easterly of the Northerly 292.50 .
feet 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
completede
.,
IT IS UNDERSTOOD and agreed that the Grantee cr~.11 restore said strip
to a condition comparable to that e~;istent pr_~.or to the undertaking of
the constructio:. of such sanitary sewer line.
The Grantors do! hereby covenant with the Grantee that they are
lawfully seized and possessed of the aforec~ientioned and described tract
of ]..and, and that ~he~ hake a good and, lawful right to convey said ease-
ment, and that they will warrant and forever defend the title and quiet
possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part ha ve hereunto
subscribed their signatures the day and year first hereinabove written
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Francis J. ons
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:~1yrt I. Lyons
STATE OF IDAHO )
ss
County of ~ )
On this ~_ day of in the year 1978, before me the
undersigned, a Notary Public in and for said State, personally appeared
-Francis J• Lyons and M rtle I Lyons, husband and wife
known to me to be the persons whose 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
official seal the day and year first above written.
Notary Public for the State of Idaho
Residing at _~~,~~_~.~ , Idaho
Ada County, da.,o, Iri.
uest of cQ
TIME ~ boo ,
DATE~,~ 7~°
CLAREtiC_ P:. p~ A^JTING
~ ~1~~/,
Deputy
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