Sewer Easement with Malone, Raymond F. and Lourdes C. for Sewer Line AccessI' ~y -+
t
:~~ ~ ~ U
SEWER EAS~iENT
~3IS INDENTURE, made this ~ day of ~c ~~~,-, 19 "7 between
Raymond F. Malone and Lourdes C. Malone, husband and wife
the parties of the first part, and hereinafter called the
Grantors , 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 s desire to provide a sanitary sewer right-
of-way across the premises and property hereinafter particularly bounded
and described; and
VEERF.a~, the sanitary sewer is to be provided for through. an uader-
ground pipeline to be constructed by the Grantee; and
WHEREAS, it will be necessary to maintain and service said pipeline
from tine to time by the Grantee;
NOW, THEREFORE, is consideration of the benefits to be received by
the Grantor s, and for the sum of Ten Dollars ($10.00) and other good and
valuable consideration, the Grantor s do hereby give, great 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 Southerly of and 15 feet
Northerly 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 the
TRUE POINT OF BEGINNING OF THE EASEMENT;
thence S. 89°17'08" E. 1323.46 feet to the POINT OF ENDING OF THE EASEMENT on
the Easterly boundary of the Northwest One-Quarter of the Northwest One-Quarter of
Section 2, 1870.64 feet from the said Northwest corner of Section 2;
EXCEPTING THEREFROM all existing rights of way for Ninemile Creek and Tenmile
Road.
~% .
° 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 Grar.-
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 ~S1D 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 hey 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 HEREBY FURTHER AGREED that the Grantors 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 Northerly 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 IS IINDERSTOOD 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 s do hereby covenant with the Grantee that they are
lawfully seized and possessed of the aforementioned and described tract
of Iand, and that they have a good and lawful right to convey said ease-
meat, and that they. 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 iesof the first part have hereunto
subscribed ~~ signatures the day and year first hereinabove written
cs~ i~:~
Raymo F. Malone
~ ~ n
~'
Lourdes C. Malone
STATE OF IDAHO )
ss
County o f ~~, )
Oa this ~ day of QG " er- in the year I9 77, before me the
undersigned, a Notary Public in and for said State, personally appeared
_Ba~mnnci F_ Malnna and TnnrrfP~ f Malnna~ hnahanrl an~f ~~ifa
/ known to me to be the person swhose names are subscribed
to the foregoing instrument, and acknowledged to me that they executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.
~ ~'~ --•
a
i • ~ '~ F, '
i;~ ,_..~
ii 1
,~
Notary Public for the State of Idaho
Residing at /jl~ <y,D~ Idaho
--T
STATE OF IDAHO, COUNTY OF ADA, s~
Filed for record at/theme request of~
'' ~ Min. past~o'G!ock M. this
~REN E A. PLANT~LI
~- Denat~)
. 1