Sewer Easement with James Court Associates, a Limited Partnership for Sewer Line Easement~.
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SEWER EASE2~iEh•T
THIS INDENTURE, made this ~ day of - 19~ between
James Court Associates, a limited partnership
the part y of the first part, and hereinafter called the
Grantor-, and the City of Meridian, State of Idaho, a municipal corpora-
tion, the party of `the second part, and hereinafter called the Grantee;
WITiTES SETH
WHEREAS, the Grantor desires to provide a sanitary sewer right-
of- way across the premises and property hereinafter particLlarly bounded
and described; and
WHEREAS, the sanitary sewer is to be provided for chraugh 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-, and for the sum of Ten Dollars ($10.00) and other good and
valuable consideration, the Grantor do es hereby give, grant and convey
uato 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:
Commencing at the Southwest corner of Section 6, Township 3 North, Range 1
East, Boise Meridian, Ada County, Idaho, ,and running N. 0°18`34" E. 1521.93 feet
along the Westerly boundary of said Section 6 to the TRUE POINT OF BEGINNING OF
THE EASEMENT;
thence S. 89°41'26" E. 243.27 feet to a point, said easement being 20 feet
in width centered upon the described line;
thence S. 0°34'58" E. 192.74 feet to a point on the Southerly boundary of
Lot 6 of J.E. Pfost`s Subdivision according to the official plat there of on file
in the Ada County Recorder's Office, Boise, Idaho, said boundary also being the
Southerly boundary of Lot 6 of said Section 6, and said easement being 20 feet in
width lying 5 feet Westerly of and 15 feet Easterly of the described line;
thence N. 89°08'51" E. 837.24 feet along said Southerly boundary of Lot 6,
J.E. Pfost's Subdivision, and of said Lot 6, Section 6 to a point; said
easement being 10 feet in width lying adjacent to and Northerly of the
described line, and side point being the POINT OF ENDING OF THE EASEMENT at
the Southeast corner of said Lot 6, Section 6.
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 GRANTOR hereby covenants and agree s that it 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 Grantor do es 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 lying adjacent to and Northerly of the
first segment of the above described permanent easement, and adjacent to and
Easterly of the second segment 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
completed.
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..
IT IS U\'DEP.STOOD 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 Grantor do es hereby covenant with the Grantee that it is
lawfully seized and possessed of the aforementioned and described tract
of land, and that it has a good and lawful right to convey said ease-
went, and that it will warrant and forever defend the title and quiet
possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOc, the said part y of the first part has hereunto
caused its general partner to subscribe his signature the day and year first
hereinabove written
James ourt Associates, a limited
partnership, by Andy Anderson,
general partner
STATE OF IDAHO )
ss ..
County of ~.~A )
Oa this ~ ;~.~? day of _Jai~aarv in the year 19 73 before
me the undersigned, a Notary Public in and for said State, personally appeared
Andy Anderson
known to me to be the general partner in the limited partnership
of James Court Associates and the partner who subscribed said partnership name to the
foregoing instrument and acknowledged to me that he executed the same in said partner-
ship name. -. ~ .
IN WITt~'ESS WHEKEOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
Ada County, Idaho, Sta. c
~ue~st o
TIME C~ ~~ U f+A~~
DATE ~ ..C"'~ '7
CLAREN~E PLAN ING
R OnD1=R
Deputy
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Notary Public for thy- State. of. Idaho
Residing at Boise i;~aho