Sewer Easement with Kimmel, Alma Potts and Fairchild, James Bartley and Fairchild, Patricia Joan and Brandt, Leroy E. for Sewer Line Access+ ~~ ~
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SEWER EAS~IENT
.,
CIS INDENTURE, made thisy~f ~ day of , !.~~~.... 29y~between
Alma Potts Kimr'~tl, James Bartle _F~irchild and Patricia Joan Fa rchild,
husband and wife, i.eroy E. Brandt, arxd• -B«..a~,d_ B; --~'c':
the parties of the first part, and 'Hereinafter called t:'.e
Grantors , and the City of N:eridian, State of Idaho, a municipal corpora-
tion, the party of the second part, and hereinafter called the Grantee;
WITNESSETH
WEIEREAS, the Grantor s desire to provide a sanitary sewer right-
of-way across the premises and property hereinafter particularly bounded
and described; and
ii!fiF~EAS, 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 tine to tine by the Grantee;
DTOW, THEREFORE, in consideration of the benefits to be received by
the Grantor s, and far 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 20 feet in width lying 5 feet Southwesterly of and 15 feet
Norttleasterly of the following described line:
Commencing at the Northeast corner of the Southwest One-Quarter of Section 2,
Township 3~North, Range 1 West, Boise Meridian, Ada County, Idaho, and running N.
89°12'32" W. 769.99 feet along the Northerly boundary of the said Southwest One-
Quarter of Section 2 to the TRUE POINT OF BEGINNING OF THE EASEMENT;
thence S. 20°10'49" E. 999.97 feet to a point;
thence S. 44°48'00" E. 440.28 feet to a point;
thence S. 50°47'40" E. 140.24 feet to a point on the Easterly boundary of the
said Southwest Gne-Quarter of Section 2, said point being the POINT OF ENDIPdG OF
THE EASEMENT, said point being S. 0°15' 38" W. 1329.03 feet from the said Northeast
corner of the Southwest One-Quarter of Section 2;
EXCEPTING THEREFROM all existing right of way for 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 E~RESSLY UNDERSTOOD p.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 GRANTORS hereby covenant- and agree thatt hem 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 s 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 in width adjacent to and Northeasterly 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 .-t..
TT 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 they are
lawfully seized and possessed of the aforementioned and described tract
of Iand, 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 alI persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part ha~,g hereunto
subscribed fir signature sthe day and year first hereinabove written
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Alma Potts Kimmel James Barth Fa rchild
~ i~ c
Leroy E, Brandt Patricia Joa~%Fairchild
B--an~t--$,---Ire
De~x~s--~4r-Baker, President
AiaA_`~,:~--B6esiger~_ See-retary
STATE aF IDAHO )
ss
County o f ~ ~ . _ )
Oa this ~ day of in the year 19~~, before me the
undersigned, a Notary Public in and for said State, personally appeared
. Leroy E. Brandt
knows to me to be the person whose name ;.,_ subscribed
to the foregoing instrument, and acknowledged to me that he executed
the same. _
III 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 ~% ~ , Idaho
STATE OF IDAHO )
ss
County of )
On this ~/ day of.L~~ .{,-in the year 19 77, before me the
undersigned, a Notary Public in and for said State, personally appeared
James Bartley Fairchild and Patricia Joan Fairchild, husband
~ ~.,i~P , 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 Idaho
Ada County, Pdanop s~.
Request of
. TIM -___.._.___ ~~,
DATE
CLAREf `,,E t.A~lT1i~i~ ~ .
.. ECC'i~,~~t
~ -
t
STATE OF IDAHO )
County of )
On this day of ~p~,~ __~,~,~ in the year 19~_, before
me the undersigned, a Notary Public in and for said State, personally appeared
Dwight Potts
known to me to be the person whose name is sub-
scribed to the within instrument as the attorney in fact of Alma Potts Kimmel,
and acknowledged to me that he subscribed the name of Alma Potts Kimmel thereto
as principal, and his own name as attorney in fact.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
STATE OF IDAHO )
ss
County of )
Notary Public for the State of Idaho
Residing at yf~z_ , Idaho
On this day of in the year 19 before
me the undersigned, a *.dotary Public in and for said State, personally
appeared Dennis I1. Baker
known to me to be the President and
~1ax A. R~ GigPr , known to me to be the Secretary of R and u
~-
Snc. , the Corporation that executed the within instrument,
and. acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have unto set my hand and affixed my
official seal the day and year first above written.
Ada County, ideha, ss.
quest of
TIh7E ~ddL(~
DATE `a9_ *~ ~~
~~
~~
Notary Public for the State of Idaho
Residing at Idaho