Sewer Easement with Evans, Leonard W. and Doris B. and Rees, James M. and Eleanor V. for Sewer Line Access~~
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St. YY Is Y~ ~..{'~iJ E1.fC~~"
THIS Iiv'DF.NTURE, made this ~ ~ ~' ~
,~~ day oL _ , 19~7~, betwee_i
Leonard W..Evans and Doris B. Evans, husband and wife, and Jades li. Rees
and Eleanor V__ Rees, husband and wife
the part ies of the first part, and h~re~_nafter_ called the
Grantors and the C~.ty of Meridian, State of Idaho, a :Luni~cipal corpora--
Lion, the party of^the second part, and hereinafter called the Grantee;
WI 1,dES SETH
WtiEP~EAS, the Grantor s desire to provide a sanitary sewer r~.ght-
of-clay across the premises and property hereinafter particeiarly bounced
and described; and
WiIr1REP,.S, the sanitary sewer is to be provided for through an under-
ground pipeline to be constructed by the Grantee; and
WHEI.EAS, it will be necessary to maintain and service said pipeline
from tine to time by the Grantee;
PIQW, THEREFORE, in consideration of the benefits to be received by
the Grantors and for the sum ~~f Ten Dollars ($10.00) and other good and
valuable consideration, the Gra;ator s do_ k-.ereby gimme, grant and convey
unto the Grantee the right-of-way far an easement for the construction,
operation and maintenance of a :sanitary sewer line over and across the
following described property:
Commencing at the Southwest. corner of Section 6, Township 3 North, Range
1 East, Boise Meridian, Ada Cour,.ty, Idaho, and running N. 0°18'34" E. 1324.22
feet along the Westerly boundary of Lot 7 of said Section 6 to a point on the
Northerly boundary of said Lot 7, Section 6;
thence N. 89°08'51" E. 1199.93 feet along the said Northerly boundary of ~
Lot 7, Section 6, 'to the TRUE POINT OF BEGINNING OF PERMANENT EASEMENT N0. 1;
thence S. 89°08'51" W. 953.61 feet along the said Northerly .boundary of
Lot 7, Section 6, to a point, said easement being 10 feet in width adjacent to
and Southerly o~ the described line;
thence S. 7°52'24"E. 212.42 feet to a point, said easement being 20 feet
in width lying 5 feet Westerly of and 15 feet Easterly of the described line;
thence S. 52°57'36" E. 586.97 feet to a point, said easement being 20 feet
in width lying 5 feet Southwesterly of and 15 feet Northeasterly of the described
r
11'.":e ;
thence S. _',7°02'24" W. 35.00 feet more or less, to a point on the approxi--
mate centerl.i.re of Fivemile Creek, said easement being 20 feet in width centered
upon the described line, and said point being the POINT OF ENDING OF PEi;'.~L^~1\F:iv'T
EASEA`~ENT N0, l;
thence N. 37°02'24" E. 35.00 feet, more or less, to the TP\JE POINT OF
BEGINNING OF P1i:RT•1ANE~:N'' EASEMENT N0. 2;
thence S. 52°57'36" E. 457.91 feet to a point, said easement being 20 feet
in width lying 5 feet Southwesterly of and 15 feet Northeasterly of the des-
cri_bed line;
thence S. 71°49'16" E. 122.73 feet to a point, said easement being 20 feet
in width lying 5 feet Southwesterly of and 15 feet Northeasterly of the described
line, and said point being the POINT OF ENDING OF PEPtit•~NENT EASEMENT N0. 2;
EXCEPTING THEREFROM all existing right-of-o~ay for Fivemile Creek.
The easement hereby granted is far the purpose of construction and
operatj_on of a sanitary sewer line acid 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 T'0 HOLD, the said easement and right-of-v;ay unto the
said Grantee, its successors and assigns forever.
IT IS EY.F'RESSLY Uiv'DERSTOOD AND AGREED, by and between the parties
'i:ereto 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 that they 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 FliRTHER 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 ir. ~-rid t'? adjacent to and Southerly of file first
segment of Permanent Easement D]o. 1; adjacent to and Easterly of the second
segment of Permanent Easement No. l; adjacent to and Northeasterly of the
third segment of_ Permanent Easement No. 1;
two strips of land each 15 feet in width adjacent to and on both sides of
the fourth segment of Permanent Easement No. l;
and. a strip of land 30 feet in width adjacent to and Northeasterly of
Permanent Easement PTO. 2.
IT IS UNDERSTGOD 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
campleted. '
IT IS UNDERSTOOD 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 Grantors do_ hereby covenant with the Grantee that theme 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 WHEREOF, the said parties of the first part have hereunto
subscribed their signatures the day a
__y nand W. Evan
first hereinabove written
s M.
~~~ ~ ~~
Doris B. Evans
~~
Eleanor V. Rees
STATE OF ID~;~;O )
ss
waunty cf ~")
Qn this ~~ '~
/da,~ of -~/b in t?ie year 19
-~ -- ~, before me the
trnder,a.gned, a. Notary Public in and for said State, personally appeared
Jams r1. Ree`SF,:ina }~1 e3nor V. Lees, husband and ~:aife
- -----
--~ kiloum to me to be the person s whose na;aes are subscribed
fio tlae foregoing instrtrrnent, and acknoj,~ledged to me that theme executed
the same e
IN WITNESS Fn~E~~EOF, I have hereunto set my hand and affixed my
offiei.al seal the day and year first above written.
~~~~ ~ ~ ~~
Notary Public for the State of Idaho
Residing at ;~~~ ~ , Idaho
STATE OF IDAHO )
ss
County of ~
On this may of _~ v ~, r in the ear 197 dd
~~- Y Cam, before me the
undersigned, a Notary Public in and for said State, personally appeared
Leonard t,1. Evans and Doris B. Evans, husband and wife
known to me to be the persons whose names are subscribed
to the foregoing instrument, and acknowledged to me that theme executed
the same,
IN WITNESS WHE:tEOF, 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 .~~L Idaho
~4da county, Idaho, 3
u t of `t~~~ ,
TIME M.
DATE~_ 9, ~~
CLAREPdCE A. ^LANTING
RE RDtR
BY
De uty
'~"~dp/