Carter, William H. for Sewer Line Access and Maintenance- 1 .+
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SEWER EAS~IENT
~3IS INDENTURE, made this ~r~ t ~ day of 19~, between
William H. Carter
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
WHEREAS, the Grantor desire s to provide a sanitary sewer right-
of-way across the premises and property hereinafter particLlarly bounded
and described; and
WHEREAS, the sanitary sewer is to be provided far through an under-
ground pipeline to be constructed by the Grantee; and
WHEREAS, it will be necessary to maintain and service said pipeline
from time to time by the Grantee;
NQW, 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
Hato the Grantee the right-of-way for an easement for the construction,
operation aad maintenance of a sanitary sewer line over and across the
following described property:
A strip of land 20 feet irk width lying 5 feet Westerly of and 15 feet
Easterly of the following described line:
Commencing at the Southeast corner of the Northwest 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 Southerly boundary of the said Northwest One-
Quarter of Section 2.to the TRUE POINT OF BEGINNING OF THE EASEMENT;
,thence N. 20°10'49" W. 32.29 feet to a point;
thence N. 29°15'42" W. 1001.07 feet to a point;
thence N. 0°20`24" E. 431.02 feet to the POINT OF ENDING OF THE EASEMENT, on
the Northerly boundary of the Southeast One-Quarter of the Northwest One-Quarter,
Section 2, said point being S. 44°31'06" E. 1944.06 feet from the Northwest corner
of said Section 2;
EXCEPTING THEREFROM all existing right of way for Ninemile Creek.
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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 ~.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-
lion 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 ex~.stent 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-
went for the purposes stated herein.
IT IS HEREBY FURTHER AGREED that the Grantor 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 lying 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
to a condition comparable to that existent prior to the undertaking of
the construction of such sanitary sewer line.
The Grantor doh hereby covenant with the Grantee that he is
lawf>s1ly 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 party of the first part has hereunto
subscribed his signature the day and year first hereinabove written
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William H. Carter
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William J. Cart
Attorney-in-fac or ~4illiam
H~. Earter
S'I'A~I'E OF I DAI10 )
ss.
COUNTY OF ADA )
On this ~~~ day of ~I~/'~? 1977, before
me, the undersigned, a Notary Public in and for said State,
personally appeared WILLIAA4 J. CARTER, known to me to be the
person whose name is subscribed to the within instrument as
the Attorney in Fact of WILLIAP~i F3. CARTER, and acknowledged to
me that he subscribed the name of WILLIAPA H. CARTER 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 in this certificate first above
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~carit~t-en.
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(SEAL) , `~ G.
. ., L a Not y Public f_or Idaho
+ Re- dence: Meridian, I ho.
STATE OF IDAHO, COUNTY OF ADA, s J
Fwd for record at the request of
,~~ ~ Min. pas o'cloc M. this day of 1
C RE E A. PLA Recorder ~
''~'~ Deputy
`~ By