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HomeMy WebLinkAboutSE-691 s - E 691 SEWER LINE EASEMENT For valuable consideration, the receipt whereof is hereby acknowledged, PHOEBIE A. SNODGRASS, a widow GRANTORS, do hereby grant and convey unto the CITY OF TWIN FALLS, IDAHO, A MUNICIPAL CORPORATION, its successors and assigns, hereinafter called the grantee, a right of way and easement for the construction, operation, maintenance, repair, inspection, replacement, alteration or removal of a sewer line to be laid below the surface of the ground under, through and across lands owned by grantors, situated in Twin Falls County, State of Idaho, right-ref described as follows, to-wit: R �I�©DGPA�S Permanent Sewer Line Easement A strip of land 15 feet wide being the East 15.00 feet of the West 194.5 feet of the North 64.88 feet of Lot 6, Murtaughs East Addition, Twin Falls, Idaho, and a construction easement of an additional 15 feet on each side of the above described 15 foot permanent easement. Total length 64.88 linear feet. Grantors shall have the right to'use and enjoy the above described premises, subject only to the right of way and easement herein provided for grantee, grantors agree not to build or permit to be built any obstruc- tion, building or other structure over or that would interfere with grantees right hereunder. Grantee agrees to repair to a like condition as now exists. all of grantors ditches, laterals and fences which may be damaged or destroyed during said construction or thereafter by grantee in the repair and main- tenance of said sewer line, Grantee shall `ake reasonable precauticn to �,revzmt live2tock from escaping from said premises during construction. It is agreed that the consideration for the right of way and easement herein provided for is only the sum of One and No/100 dollars ($1. 00), and that no further sums shall be collected hereafter for said right of way and easement, loss or damage, except as to damages herein especially provid- ed for. Grantor reserves the right to construct fences, roads, ditches, laterals and corrugates across said right of way and easement that the same will not interfere with or damage said pipeline. Grantee agrees during construction to provide for passage over said right of way for livestock of grantors and reach watering places when requested by grantors. Grantee agrees to replace the top soil to a condition and depth not exceeding 12 inches as now exists. Upon completion of construction grantee shall clear up and level the right of way in a good workmanlike manner. If the backfill settles below the surface of the adjacent land, grantee agrees to restore the backfill to the level of the adjacent land or pay the owner the reasonable loss therefore. In the event that parties can not agree on the amount of any damage herein provided for, said amount shall be determined by three disinterest- ed persons residing in Twin Falls County, Idaho, one to be appointed by grantors, their successors or assigns, one to be appointed by grantee its successors or assigns, the third to be so selected by the two so appointee]. Said persons shall determine the amount of damage and if said amount as determined by majority of said persons be not acceptable by said parties then the findings of said persons may be submitted by either party in evidence and considered by a court of competent jurisdiction in determin- ing the amount of such disputed damages. This agreement covers all the agreements by the parties and that there are no written or verbal agreement otherwise which change or add to the terms of this contract. This agreement shall bind the parties, their heirs, executors, administrators, assigns and successors. TO HAVE AND TO HOLD said right of way unto grantee, its suc- cessors and assigns for so long as said sewer line be maintained thereon. 2L Grantors CITY OF TWIN FALLS, IDAHO a municipal corporation by: Chairman, Board of Commissioners ATTEST: City Clerk STATE OF IDAHO ) ss County of Twin Falls ) // On this � � day of (./a X 1963, before me the undersigned a Notary Public in and for the State of Idaho, personally appeared PX0ZQ1%& .4, %i2oa� oS� c%i known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF I have hereunto set my hand and official seal, the day and year first above written. Notary ublic f r Vaho Residing at Twin Falls, Idaho STATE OF IDAHO ) ss County of Twin Falls ) On this day of c/c�/,i 1963, before T— me a Notary Public, in and for said State, personally appeared MAX L. BROWN and CONSTANCE J. L EISER, known to me to be the Chairman of the Board of Commissioners and the City Clerk of Twin Falls, respectively, and acknowledged to me that they executed the above instru- ment on behalf of the City of Twin Falls, Idaho IN 'V ITNESS WHEREOF, I hereunto set my hand and official seal, the day and year first above written. i Notary u lic f r 1&ho Residing at Twin Falls, Idaho r • e/ 0" I .. + / 1 ...- _.. ...- ' ..___ ....... jxU 1 1�:. �_..-,� !l� .....0 •,,. ?.¢. I r7 ...t�` `••f; _,. .'j. r. '� l i � - 'l.7 ttl" .. Q i'cr :i S:'.]:: :J' - .i ,.i,rrj-.�+._I C `?I1�,. 3- -,y - �^ I+-2•-u I I�: ` ± . "•15 i 3IQ 5