Loading...
Crestwood, Inc. for Sewer Line Access and Maintenance`„--- '~8~'1831 ~ ~ SEWER EASEifE:iT THIS INDENTURE, made this _ r T day of ~ 19~, between Crestwand' Inc. the part y of the first part, and hereinafter called the Grantor and the City of Meridian, State of Zdaho, a municipal corpora- Eion, the party of the second part, and hereinafter called the Grantee; WITNESSETH WHF..~tEAS, the Grantor desires to provide a sanitary sewer ri_ght- o~way across the premises and property hereinafter particularly boL-nded and described; and WHEKEAS, the sanitary sewer is to be provided for through an under- ground pipeline to be constructed by the Grantee; and 4~~~REA.S, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NIOW, 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 onto the Grantee tha 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 the following described line: Commencing at the Northwest corner of the NW 1/4 of Section 13, T. 3 N., R. 1 W., B.M., Ada County, Idaho, and running S. 89°14'54" E. 343.08 feet along the Northerly boundary of the said NW 1/4, Section 13, to the TRUE POINT OF BEGINNING OF THE EASEMENT; thence S. 17°23'00" E. 85.65 feet to a point, said easement being centered upon the described line; thence S. 0°56'02" W. 339.36 feet to a point, said easement being centered upon the described line; thence S. 48°04'02" E. 272.40 feet to a point, said easement being centered upon the described line; thence S. 23°15'09" W. 327.77 feet to a point on the South bank of Tenmile Creek, said easement being centered upon the described line; thence S. 67°36'34" E. 400.00 feet along the said South bank of Tenmile Creek to a point, said easement lying 5 feet Northerly of and 15 feet Southerly of the described line; thence S. 72°06'35" E. 425.00 feet along the said~South bank of Tenmile Creek to a point, said easement lying 5 feet Northerly of and 15 feet Southerly of the described line, and said point being the POINT OF ENDING OF THE EASEMENT which is S. 0° 33'39" W. 1293.63 feet and N. 84°46'45"~ E. 1204.51 feet from the Northwest corner of said NW 1/4, Section 13; EXCEPTING THEREFROM all existing rights of way for Franklin Road and Tenmile Creek. \ ~ The easement hereby granted is for the purpose of construction and operation of a sanitary sewer iiae 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. YT IS EXPRESSLY UNDERSTOGD ?.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 that le_ 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 I5 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: ' Two strips of land each 15 feet in width adjacent to and on both sides of the first four segments of the above described permanent easement; and A strip of land 30 feet in width adjacent to and Southerly of the last two segments 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. I'F IS UNDERSTOOD and agreed that the Grantee will restore said strip Lo 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 i-t is lawfully seized and possessed of the aforementioned and described tract of land, and that _ it ha s a goad and lawful right to convey said ease- .___ meat, and that ~t_ will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said part y of the first part has hereunto caused its officers to subscribe their signatures the day and year first hereinabove written. CRESTfnTIIQD.; _ ING. ~J ~ ~ , • ~ab'efir ~D.., Glaisyer, Presid nt ~k ., r. ~-~ . -~*r; °. T.,T.; Jahnscy'~; =Secretary -. < " , r ,. `, {, '« STA% aF IDAHO ) ss County of ~.~ ~ ) On this day of in the year 19 ~~j, before me the 7~ undersigned, a Notary Public in and for said State, personally appeared Robert D. Glaisyer known to me to be the President and i T.J. Johnson known to me to be the Secretary of Crestwood, Inc, the corporation that executed the within instrument, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~'- ~ ~` y r ,u ~ o ~ .. F ~2 '_) f~ ~ ~`°~. L , Notary Public kor the State of Idaho Residing at _ /~4 i-s',E Idaho STATE OF IDAHO, COUNTY OF ADA, ~, `j F~,d, for record at~th~Je request of ~ f / h 1 V Min. pastL~o'clock~ M. this L~.~day of_ C AREN'E A. FL; °' ~ Recorder ~Y - ~7" ~ 9 • 19 ~~ .~ ~.___t)eDUt~