Sewer Easement with Joint School District No. 2 Ada and Canyon Counties, Idaho for Sewer Line Access. r,,.__
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SEWER EAS~iENT
THIS INDENTURE, made this 17th
day of October 19 77, between
Joint School District No. 2, Ada and Canyon Counties, Idaho
the part_~ 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;
WITbTES SETH
WHEfiEAS, the Grantor
desired to provide a sanitary sewer right-
o~ way across the premises and property hereinafter particularly boL-nded
and described; and
WHEREAS, the sanitary sewer is to be provided far 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 and for the sum of Ten Dollars ($10.00) and other good and
valuable consideration, the Grantor do eShereby give, grant and convey
Hato 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 20 feet in width adjacent to and centered upon the
following described line:
Commencing at the Southeast corner of the NE 1/4 of Section 11, T. 3 N.,
R. 1 W., B.M., Ada County, Idaho, and running N. 89°10'57" W. 1306.35 feet
along the Southerly boundary of said NE 1/4, Section 11, to the TRUE POINT OF
BEGINNING.OF THE EASEMENT;
thence N. 0°34'33" E. 1307.06 feet to the POINT OF ENDING OF THE EASEMENT
on the Northerly bank of Ninemile Creek;
EXCEPTING THEREFROM all existing rights of way for West Pine Avenue and
Ninemile Creek.
,: ~. ~_
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 wit; that existing prior to exercising tfiis 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-
ment for the purposes stated herein.
IT IS HEREBY FURTHER AGREED that the Grantor does 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 adjacent to and Easterly 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.
k
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 Grantor doh hereby covenant with the Grantee that _ i~ ;G
lawfully seized and possessed of the aforementioned and described tract
of land, and that _ it ha s a good and lawful right to convey said ease-
meat, and that _ it will warrant and forever defend the title and quiet
possession thereof against the Zawful claims of all persons whomsoever.
ZN WITNESS WHEREOF, the said party of the first part has hereunto
caused its officers to subscribe their signatures the day and year first
hereinabove written.
Earl Ma s, hairman of the Board
August H , Superintendent ,
STATE OF ZDAHO )
County of Ada )
ss
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Attest: ~;~mnf~ am _ Clerk
of the Board
On this 17th, day of October in the year 19 77 , before me the
undersigned, a Notary Public in and for said State, personally appeared
Earl Marks Chairman of the Board and Au ust Hein Su erintendent of Joint
School. District Number 2, Ada and Canyon Counties, Idaho
that executed the within instrument, and acknowledged to me
that siad entity executed the same.
IN WITNESS WHE1tE0F, I have hereunto set my hand and affixed my
offie~al,$ea:i,,the day and year first above written.
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`",. .. ~ ~ Notary Public for the State of Idaho
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STATE OF IDAHQ COUNTY OF ADA, Ss.
Filed for record at//them~e request of - .~
~~_Min. past/~o'clcc'~ M. this ~-day of ~_
LAREN E A. P NTI G, Recorder ~
~y ~ C7eput!;
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