Loading...
Sewer Easement with Obendorf, Richard E. and Sandra H. for Sewer Line AccessY~~ ~ ~ r~[JYV SEt~'ER EASE.II:NT THIS INDENTURE, made this ~-¢ day of 19 7f, between Richard E. Obendorf and Sandra H. Obendorf, husband and wife the par*_ies of the first part, and hereinafter called the Grantor s, and the City of Meridian, State of Idaho, a municipal corpora- tion, the party of the second part, and hereinafter called the Grantee; j7IT:~TESSETH WEIERE_AS, the Grantor s desire 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 WHEREAS, 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 s, and for the sum of Ten Dollars ($10.00) and other good and valuable consideration, the Grantor s 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 Peridian, Ada County, Idaho, and running N. 88°35'4°" E. 705.14 feet along the Southerly boundary of said Section 6 to the TRUE POINT OF BEGINNING OF THE EASEMENT; " thence N. 0°19'49" E. 412.50 feet to the POINT OF ENDING OF THE EASEMENT; EXCEPTING THEREFROM a1I existing right-of-way for Fairview Avenue. 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 ttie free right of access to such facilities at any and all times. TO HAVE AND ~'0 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 tYiis 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 the y 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 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. F 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 completedO~ ovi ~~G~~s-t6B~ ~/, /~78~ ccyH~'c-lr~v~.~ oUCui-s' ~~s7` ` -. IT IS UPdDERST00D and agreed that tt~e Grantee will restore saj.d strip to a condition comparable to that existent prior to the undertaking of the construction of such sanitary sewer line. The Grantors do_ hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that the Y ha Ve a good and lawful right to convey said ease- ment, and that theme 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 ham hereunto subscribed their signatures the day and year first hereinabove written ~~. `~" ,~ Richard E. Obendorf ~_/ ~_ Sandra H. Obendorf ~' STATE OF IDAHO ) ss County of_ ~~~~,~ ) On. this ,~-~ day of in the year 19 7E3, before me the undersigned, a Notary Public in and for said State, personally appeared Richard E. Obendorf and Sandra H. Obendorf, husband and wife known to me to be the persons whose named are subscribed to the foregoing instrument, and acknowledged to me thatthE~ executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~a Gourtty, Id ~ F2 ues2 of TIME" ; ap naT~,~_q_ 7~' ~~ .~ J~ ~ rL . ~ .. v~f i~f C~jf~,.~ ~_~ Notary Public for the State of Idaho Residing at _"~~ ,~„ Idaho