Boesiger, Max A. for sewer line access and maintenance 3t
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~+ZI$ ZNDENT'IJ'RE, made this ~ day of I97C3, between
Max A. Boesger
, the party of the first part, and hereinafter called the
Grantor and the City of 1'Seridian, State of Zdaho, a m.•.micipal corpora-
tion, the party of the second part, and hereinafter called the Grantee;
WZTNESSETH
~BEA$, the Grantor desires to provide a sanitary sewer right-
o~way across the premises and property hereinafter particularly bounded
.and described; and
~ar~is, the sanitary se~.~-er is to be provided far through an under-
ground pipeline to be constructed by the Grantee; and
~R~EAS, it wi.1.1 be necessary to maintain and service said pipeline
from tine to time by the Grantee;
PLOW, THEREFORE, in consideration of the benefits to be received by
the Grantor and for the sum of Ten Dollars ($10,00) and other good and
valuable consideration, the Grantor does hereby give, grant and convey
onto the Grantee the right-of-way for as easement for the construction,
operation and maintenance of a sanitary sewer line over and across the
following described property:
A strip of land 20 feet in. width lying 5 feet Southerly and Westerly of and
I5-feet Northerly and Easterly of the following described line:
Commencing at the Northwest corner of Section 2, Township 3 North, Range 1
West, Boise Meridian, Ada County, 'Idaho, and running S. 0°24'34" W. 1315.00-feet
along the Westerly boundary of the Northwest One-Quarter of said Section 2 to a
point;
thence S. 89°17'0$" E. 1323.4b feet to the TRUE POINT OF BEGI~V'NING OF THE
EASEMENT on the Westerly boundary of the Northeast One-Quarter of .the Northwest
One-Quarter of said Section 2;
thence continuing S. 89°17'08" E. 49.42 feet to a point;
thence S. 0°20'24" W. 54.08 feet to the POINT OF ENDING OF THE EASEMENT on the
Southerly boundary of said Northeast One-Quarter of the Northwest One-Quarter, Section
2, said point being S. 44°31'06" E. 1944.06 feet from the said Northwest corner 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 Lhe convenience of the Gran-
fee, 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 ERPRESSLY 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
is 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 agrees that he will not place
or allow to be placed any permanent structures oa 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
giant 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 Northerly 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 IINDERSTOCD and agreed that the Grantee trill 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 Iand, and'that he has a good and lawful right to convey said ease-
went, and that he 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
subscribed his signature the day and year first hereinabove written
STATE OF IDAHO )
ss
County of ,~~~ )
On this /~ day of in the year I9 ~£~, before me the
undersigned, a Notary Public in and for said State, personally appeared
Max A. Boesiger
known to me to be the person whose name is 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.
Notary Public for the State of Idaho
Residing at ~ij~Y ~ , Idaho
Ada County,,,I•d'ho, !t!.
Re est of~`GC/
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IP:AE ~ G~ //M.
DATA ~.r9 ~15
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