Sewer Easement with Smith, Aubrey K. and Kathryn L. for Sewer Access_. _ ~
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SEWER EASEMENT
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` THIS INDENTURE, made this ~ L ~ day of ~~C ~' ~'~~~ , 19 ~ 7 , between
Aubrey K. Smith and Kathryn L. Smith, husband and wife
the part iesof the first part, and hereinafter called the
Grantor s, 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 ri.ght-
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 bg the Grantee; and
~'~F•Q~, 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 s, and for the sum of Ten Dollars ($10.00) and other good and
valuable consideration, the Grantor s do hereby give, grant and convey
Hato 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 adjacent to and centered upon the
following described line:
Commencing at the Southeast corner of the NW 1/4 of Section 7, T. 3 N.,
R. 1 E., B.M., Ada County, Idaho, and running N. 0°34'58" E. 1294.00 feet
along the Easterly boundary of said NW 1/4, Section 7, to a point;
thence S. 89°35'54" W. 722.00 feet along a line parallel to and 1294.00.
feet Northerly of tiie Southerly boundary of said NW 1/4, Section 7, to the
TRUE POINT OF BEGINNING OF THE EASEMENT;
thence N. 0°34'58" E. 358.35 feet along a line parallel to and 722.00
feet Westerly of the Easterly boundary of said NW 1/4, Section 7, to a point;
thence S. 89°28'42" E. 595.08 feet to the POINT OF ENDING OF THE EASEMENT.
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
sad Grantee, its successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD t~.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 GRANTORS hereby covenant and agree that they 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.
ZT 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 Easterly and Southerly
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 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 s do hereby covenant with the Grantee thatt_he y are
lawfully seized and possessed of the aforementioned and described tract
of Land, and that they ha ve a good and lawful right to convey said ease-
ment, and that the Y 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 ha ve hereunto
subscribed their signatures the da and
y year first hereinabove written
~~ ,,-
Aubrey C.K. ith
Kathryn L. S ith
STATE OF IDAHO )
~~11 ss
County of /tJ~~- )
Oa this l ~~ day of ~~~ ~z~ ~~r ~~~ in the ear 19 7 ~
y before me the
undersigned, a Notary Public in and for said State, personally appeared
Aubrey K. Smith and Kathryn L. Smith, husband and wife
J
known to me to be the person swhose name s are subscribed
to the foregoing instrument, and acknowledged to me that the Y executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.
' s L ~ ~ ;, -, Notary Public for the State of Idaho
_<~ Residing at ~~~:t- A_~~J?rti
Idaho
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- y, STATE OF 117AH0, COUNTY OF AUA, ss.. /~,
~E~~ .. ~ ~ Fil d for record at,thhhe request of (~~.4.J fig.
Min. pastL~o'clock M.. this ~daY of
//^c ARFN ,~ A. PLPL~p~NI~ Recorc+:r
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