Allen, Cora C. for sewer line access and maintenance•- -~-- ,
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SEWER F.ASE1fENT
3'3IS INDENTURE, made this J da of
__L___ y t~F`~~ 4 ~ .,~ ~,,- , 19 7 I , between
Cora C.. Allen
the party 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;
WITNESSETH
WEIERF.AS, the Grantor desire s to provide a sanitary sewer right-
of-way across the premises and property hereinafter particularly bounded
and described; and
~, the sanitary sewer is to be provided for through an under-
ground pipeline to be constructed by the Grantee; and
WF~REAS, it will be necessary to maintain and service said pipeline
from tine to time by the Grantee;
NOW, TSEREFORE, 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 does 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 Westerly of and 15 feet
Easterly of the following described line:
Commencing at the Southwest corner of the Southeast One-Quarter of Section
2, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and running
N. 0°15'38" E. 1334.72 feet along the Westerly boundary of the said Southeast
One-Quarter of Section 2 to the Northwest corner of the South One-Half of the
Southeast One-Quarter of said Section 2;
thence S. 89°23'09" E. 7.08 feet along the Northerly boundary of the said
South One-Half of the Southeast One-Quarter of Section 2 to the TRUE POINT OF
BEGINNING OF THE EASEMENT;
thence S. 50°47'40" E. 42.32 feet to a point; -
thence S. 1°06'47" E. 500.00
thence S. 1°18'38" W. 498.49 feet to a point;
thence S. 0°56'12" E. 310.16 feet to the POINT OF ENDING OF THE EASEMENT,
said point being S. 89°33'47" E. 49.33 feet from the said Southwest corner of the
Southeast One-Quarter of Section 2;
EXCEPTING THEREFROM all existing rights of way for Ninemile Creek and Cherry
Lane.
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-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 ~.I3D 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 covenant s and agrees thats he 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 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 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.
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IT IS UNDERSTOOD and agreed that the Grantee will restore said strip
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to a condition comparable to that existent prior to the undertaking of
the construction of such sanitary sewer line.
The Grantor does hereby covenant with the Grantee that she is
lawfully seized and possessed of the aforementioned and described tract
of Land, and that she has a good and lawful right to convey said ease-
ment, and that she 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 ha s hereunto
subscribed her signature the da and
- Y year first hereinabove written
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Cora C. Allen
STATE OF IDAHO )
ss
County of ~ _ ~ o )
On this ~ day of ~~ ~ ~ ~-,,~, ~,,_ ,,- in the year 19 ,' ,' , before me the
undersigned, a Notary Public in and for said State, personally appeared
Cora C. Allen
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known to me to be the person whose name is
- _ subscribed
to the foregoing instrument, and acknowledged to me that s_he_ executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.
,,,~, l >
_ :: `~'' ~ ~` '' 1`'••. ~.a : Notary Public for the State of Idaho
~ ` : ~' ° ' ~ _ Residing at __ -_/f'l~~d.a~-~
r,' Zdaho
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' STRTE OF IDAHO, COUNTY OF AOA, s ~
Filed for record at the requ^st of 19
~: ` • Min. past'e` R4. this day of
CLII~ ~fJ( A. NLi,~ '~ Fe~or~'er
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