Sewer Easement with Ryska, Hazel L. aka Hedges, Hazel L. for Sewer Accessi~~
SE~ti~R EASE:~IE:iT
TI3TS II3DE2ITURE, made this ~~day of J_9~, between
r:[az,e]~L. Ryska_ ' per' L , ~{ ~f~4G~
the party_ of the first part, and hereinafter called the
Grantor, and the City of Meridian, State of Idaho, a municipal cor~ora-
Lion, the party of the second par*_, and hereinafter called. the Grantee;
WITNESSETH
WfiEREAS, the Grantor desires to provide a sani.taxy sewer ri.ght-
of- way across the premises and property hereinafter particularly bounded
and described; and
WF3EREAS, the sanitary sewer is to be provided for through an under-
g<rouzid pipeline to be constructed by the Grantee; and
LIHr,F~Ei~.S, it will be necessary to maintain and service said pipeline
from tine to time by the Grantee;
NOW, TIIEREFORE, 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 con.siderat-ion, the Grantor do es hereby give, grant and convey
unto the Grantee the right-of-way for an easement for the consr_ruction,
operation and maintenance of a sanitary sewer line over and across the
following described property:
Permanent Easement No. 1
Commencing at the Southwest corner of the Southeast one-quarter of Section
35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and running
N. 0°26'49" E. 224.60 feet along the Westerly boundary of said Southeast one-quarter
of Section 35 to the TRUE POINT OF BEGINNING OF THE EASEMENT;
thence S. 63°10`59" E. 301.32 feet to a point, said easement being 20 feet
in width lying 5 feet Southwesterly and 15 feet Northeasterly of the described line;
thence S. 88°11'20" E. 663.16 feet to a point, said easement being 20 feet
in width lying ~ feet Southerly and 15 feet Norhterly of the described line;
thence S. 1°C3'43" W. 80.00 feet to a point on .the Southerly boundary of
the said SE 1/4, Section 35, said easement being 20 feet in width and centered upon
the described liize, and said point being the POINT OF ENDING OF THE EASEMENT which
is N. 89°14'4T" Gd. 1711.20 feet from the Southeast corner of said Section 35;
F'XCEPTING THEREF'ROP~I aJ.l existing r. fights of way for Fivemile Creek and
Usticlc Road.
Permanent Easement No. 2
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 Section 3, Township 3 North, Range 1
West, Boise Meridian, Ada County, Idaho, and running S.'0°24'34" E. 131.5.00 feet along
the Ea~.terly boundary of the Northeast one-quarter of. said Section 3 to the TRUE PGI'~T
OF BEGINNING OF THE EASEI~iENT;
thence N. 89°17'08" W. 34.98 feet to a point;
Permanent Easement No. 2 - Continued
thence N. 49°42`44" ion. 152.10 feet to a point;
thence N. 32°34'36" W. 775.11 feet more or less to the POINT OF
EATDING OF THE EASEMENT, said point being S. 45°44'21" W. 806.71 feet from the
said Northeast corner of Section 3;
EXCEPTING THEREFROM ai"1 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 Gran-
,tee, with the free right of access to such facilities at any and all times.
TO RAVE AND TO HOLD, the said easement and right-of-way unto the
said Grantee, its successors and assa.gns 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-
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 covenants and agrees that she_ 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-
spent for the purposes stated herein.
IT IS HEREBY 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:
Temporary Easement No. 1
A strip of land 30 feet in width adjacent to and Northerly of the first
two segments of permanent easement No. 1 as herein above described;
and two strips of land each .l5 feet in width adjacent to and on either
side of the third segment of permanent easement No. 1 as herein above described.
Temporary Easement No. 2
A strip of land 30 feet in width adjacent to and Northeasterly of
. permanent easement No. 2.
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 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 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 party of the first part has hereunto
subscribed hersignature_ the day and year first hereinabove written
r~
~/ /T ~ ~ a ~ O~~~W~C/ P~d~
STATE OF IDAHO )
s5
County of Ada )
on this 2 9' aay of in the ear 19~
y before me the
undersigned, a Notary Public in and for said State, personally appeared
Hazel L. Ryska ~~~~/q NH' ~~ / C. ~/~a~ce-s
J
known to me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that she executed
the same.
,,.
•' t~I;h~,',~%r~C'~I1ESS WHEREOF, I have hereunto set my hand and affixed my
off t,cy.r`~h~~e,~1~- the day and year first above written.
.i .~i ~'
w
., 1` ~.' h l,j ti, .•~'~ Nota Public for they State of daho
' ~~ Res ing at Idaho
STATE OF IDANO, COl1NTY OF AAA. (s~~
Filed for record at t/he'rc ~,!~^st cf 6d^."°Sy~ ------~'"
G~U Min. past~o'ciock~ P,1. tiffs day oflg~
LARENCE A. PLANTIN Recorder
~ ~ Deputy