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
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rL . ~ .. v~f i~f C~jf~,.~ ~_~
Notary Public for the State of Idaho
Residing at _"~~ ,~„ Idaho