Boesiger, Max A. for sewer line access and maintenance
SEWER EASE`~rr
~'BIS INDENTURE, made this /~ day of 19 78, between
Max A. Boesiger
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;
WZTNESSETH
WHEREAS, the Grantor desires to provide a sanitary sewer right-
of-way across the premises and property hereinafter particularly bounded
and described; and
WHEREAS, the sanitary sewer is to be provided for through an under-
gzound pipeline to be constructed by the Grantee; and
W'FiEFEAS, it will be necessary to maintain and service said pipeline
from tine to time by the Grantee;
ROW, 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
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
Northeasterly 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 One-Quarter of Section Z, said point being the POINT OF ENDING OF
THE EASEMENT, said point being S. 0°15' 38" W. 1329.03 £eet 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-
fee, raith the free right/of access to such facilities at any and all times.
TO SAVE AID TO MOLD, the said easement and right-of-way unto the
said Grantee, its successors and assigns forever.
IT iS EXPRESSLY UNDERSTOOD p.ND AGREED, by and between the parties
hereto that the Grantee swill timely complete the work of laying the
•aanitary sewer line and restore the premises used therefor to a condi-
tion comparable with that existing prior to exercising this easement; that
in IIsaking 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 agrees that _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-
meat for the purposes stated herein.
IT IS HEP.EBY 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 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.
IT ZS 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 does hereby covenant with the Grantee that _he_ is
lawfully seized and possessed of the aforementioned and described tract
of laced, and that he has a good and lawful-right to convey said ease-
ment, and that he will warrant and forever defend .the title and quiet
possession thereof aga_nst the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said partY_ of the first part has hereunto
subscribed his signature the day and year first hereinabove written
STATE.OF IDAHO }
ss
County o f ~ ~~~ )
On this ~ day of ~ in the year 19 7~, before me the
tmdersigned, a Notary Public in and for said State, personally appeared
Max A. Boesiger
J
, known to me to be the person whose name ~ subscribed
to the foregoing instrument, and acknowledged to me that 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.
Ada County, I aho, ss, _ _.~!~t'
quest of • /~ ~~;~~~ ~ ~~~ ~ ~
Notary Public ror the State of Idaho
TirnE 9 ~ d G~, '~: Residing at ~ Idaho
DATA _ pp -7
CLACK A.?; A TfPdG
RE_C;Sy~L~R
Qy ~
Deputy