HomeMy WebLinkAboutAgreement for Connection to Public Sewer System 1927 N. Leisure LaneRECORDING REQUESTED BYAND
WHEN RECORDED RETURN TO:
City Clerk
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
ADA COUNTY RECORDER Christopher D. Rich 2016.001013
BOISE IDAHO Pgs=13 DAWN TRIVOLIS 01/06/2016 10:13 AM
MERIDIAN CITY NO FEE
1111111111111111111111111111111111111111111111111
00181619201600010130130136
(Space Above For Recorder's Use)
AGREEMENT FOR CONNECTION TO PUBLIC SEWER SYSTEM:
1927 N. LEISURE LANE
This AGREEMENT FOR CONNECTION TO PUBLIC SEWER SYSTEM: 1927 N.
LEISURE LANE is made this��day of January, 2016, by and between the City of Meridian, a
municipal corporation organized under the laws of the State of Idaho, whose address is 33 East
Broadway Avenue, Meridian, Idaho (hereinafter "City"), and Douglas and Denise Crabtree,
whose address is 1927 N. Leisure Lane, Meridian, Idaho (hereinafter "Users") (collectively,
"Parties").
WHEREAS, Users are the owners of parcel number S 1201346650, located at 1927 N.
Leisure Lane, Meridian, Idaho, in Ada County, Idaho (hereinafter "Subject Property");
WHEREAS, though the residence at Subject Property is in Meridian city limits, it
remains connected to a private water system and a private septic system; though connection to
the City water system is not feasible at this time, the private septic system is failing and Users
wish to connect the residence at Subject Property to the City sewer system;
WHEREAS, the City is authorized by Idaho Code section 50-332 to operate and
maintain a domestic sewer system, and the City does exercise such authority, including by the
adoption and enforcement of Title 9, Chapter 4, Meridian City Code, and wishes to allow Users
to connect the residence at Subject Property to the City sewer system;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged and agreed, and in consideration of the mutual promises and
covenants herein contained, and in consideration of the recitals above, which are incorporated
herein, the Parties agree as follows:
AGREEMENT FOR CONNECTION TO PUBLIC SEWER SYSTEM PAGE 1 OF 12
I. SCOPE OF AGREEMENT.
A. SEPTIC SYSTEM DISCONNECT; CITY SEWER HOOKUP.
1. ASSIGNMENT OF EASEMENTS. City holds two (2) sanitary sewer easements on parcel
number S 1201346660, the property directly to the north of Subject Property ("Adjacent
Property"), for the purpose of designing, constructing, operating, and maintaining sewer
lines. One easement, recorded in the land records of Ada County, Idaho as Instrument
No. 9049394, runs generally north and south along the east side of Adjacent Property, and
the other casement, recorded in the land records of Ada County, Idaho as Instrument No.
9049393, runs generally east and west and bisects the Adjacent Property ("Easements").
The Easement instruments are attached as Exhibit hereto. City hereby assigns to Users
the right to use such Easements for the purpose of constructing the sewer line connection
as set forth in this Agreement, subject to the rights and responsibilities established in such
Easements. Users' responsibilities under such assignment shall include, without
limitation, the responsibility to restore the premises subservient to the Easements to a
condition comparable to that existing prior to Users' use of such Easements. Should
Users fail to fulfill this responsibility, Users shall, and hereby do, agree to indemnify City
for any and all expenses related to the restoration of such premises as required. In the
event that City must incur expenses related to the restoration of such premises, including,
but not limited to, attorney fees and costs, Users shall reimburse City for all such
expenses within thirty (30) days of City's mailing to Users of invoice for same. This
assignment shall automatically terminate upon completion of construction of the sewer
line and satisfactory restoration of Adjacent Property.
2. USERS TO NOTITY ADJACENT PROPERTY OWNER(S). Prior to utilizing such Easements
for the work described in this Agreement, Users shall provide to the owner of Adjacent
Property, and to City, written notice of all work to be completed as set forth herein,
including the dates, times, locations, and other details of such work or activities, and the
name and contact information of the contractor(s) undertaking such work or activities.
3. SEWER ASSESSMENT FEE; PERMITS. Users shall be responsible for payment of any and
all applicable sewer assessment fees related to the connection of the existing residence at
the Subject Property to City sewer services, and shall ensure that the selected contractor
obtains all necessary permits from the Building Services Division of the City of Meridian
Community Development Department prior to excavation and/or installation of sewer
lines. All fees applicable to required permits and inspections shall apply.
4. USERS TO HIRE CONTRACTOR. Users shall hire a licensed contractor of Users' choice to,
by S:00 p.m. on Tuesday, March 1, 2016, connect the residence at the Subject Property
to the City sewer system, in accordance with all applicable permits, laws, regulations, and
standards, including the Idaho Standards for Public Works Construction ("ISPWC") and
supplemental standards thereto as adopted by City. Users shall utilize the Easements
across the Adjacent Property for this purpose. Following construction of the sewer line,
Users shall disconnect and abandon the septic system at the Property in accordance will
all applicable laws and regulations.
AGREEMENT FOR CONNECTION TO PUBLIC SFW U SYSTEM PAGE 2 OF 12
B. PAYMENT FOR CITY SERVICES. Upon connection to the City sewer system, Users shall pay
to City all applicable fees and costs for sewer and garbage services provided, including, but
not limited to use fees, as such fees are calculated and billed by City as set forth herein and
established by law or City policy or ordinance. The exclusive remedy for any disputes,
objections, or appeals regarding such fees and costs shall be with the Board of Adjustment
under the procedures set forth in Meridian City Code. Unless and until the Subject Property
is connected to the City water system, City shall bill Users monthly for sewer usage at the
base rate of six thousand, five hundred (6,500) gallons per month. Upon provision of City
water service to the Subject Property, City shall bill Users, and/or or the successive
landowner(s) or successors in interest, monthly for both sewer and water usage according to
the metering, accounting, and billing system then in place under Meridian City Code and the
policies and practices of the City of Meridian. Notwithstanding termination of or any other
provision of this Agreement, this provision shall be binding upon Users and upon any and all
successors in interest of Users and/or to the Subject Property.
C. MAINTENANCE LIABILITY. Upon connection to the City's sewer system, Users shall be
solely responsible for any,and all costs related to operation and maintenance of all portions
and functions of the sewer lines and plumbing between the southernmost manhole and the
residence at Subject Property. Users' maintenance liability shall include ensuring that all
portions sewer lines and plumbing between the southernmost manhole and the residence at
Subject Property are clear and free from obstructions.
D. DEDICATION TO CITY. After all inspections are complete and the City certifies that
construction of the sewer line between the northern and southern manholes has met all
applicable standards, including those set forth in ISPWC, supplemental specifications, and
this Agreement, City shall issue a letter of acceptance of the installed infrastructure and shall
take over ownership and maintenance of the sewer line between the northern and southern
manholes.
11. GENERAL PROVISIONS.
A. Recordation. This Agreement shall be recorded by City, at City's expense, against the
following parcel: Ada County parcel no. S 1201346650, legally described as Parcel #6650 of
SE4SW4, section 1, 3N 1W, records of Ada County, Idaho.
B. TIME IS OF THE ESSENCE. The Parties acknowledge and agree that time is strictly of the
essence with respect to each and every term, condition, and provision of this Agreement, and
that the failure to timely perform any of the obligations hereunder shall constitute a breach
and default hereunder by the Party so failing to perform.
C. INDEMNIFICATION. Users shall, and hereby does, indemnify, save, and hold harmless the
City and any and all of its employees, agents, volunteers, and/or elected officials from any
and all losses, claims, and judgments for damages or injury to persons or property, and from
any and all losses and expenses caused or incurred by Users, its agents, employees, guests,
and/or business invitees, in connection with this Agreement or activities related thereto.
AGREEMENT FOR CONNECTION TO PUBLIC SEWER SYSTEM PAGE 3 OF 12
Users acknowledges that acceptance of the offer described in this Agreement presents risks,
some of which are unknown, and do agree to assume all such known or unknown risks.
Except as to rights held under the terms of this Agreement, Users shall, and hereby does,
waive any and all claims and recourse against City, including the right of contribution for loss
and damage to persons or property arising from, growing out of, or in any way connected
with or incident the performance of this Agreement, whether such loss or damage may be
attributable to known or unknown conditions, except for liability arising out of concurrent or
sole negligence of City or its officers, agents, or employees.
D. DEFAt1LT; CURE; TE, RIvIINATION. If Users fail to perform or are in default of any of the
terms, covenants or conditions of this Agreement and fail or refuse to cure such breach or
default within three (3) days of City's mailing of written notice thereof, this Agreement, and
all rights assigned to Users with regard to the Easements, at City's option, may be deemed
terminated and forfeited without further notice or demand. In the event of termination of this
Agreement, Users and Users' contractor shall vacate the Easements and shall forfeit any and
all assigned rights to use the Easements. Users shall be liable for any damages and any costs,
including legal expenses and attorneys' fees, incurred by City in recovering or restoring the
Easements hereunder.
E. No ncm Any notice desired by the Parties or required by this Agreement shall be deemed
delivered after deposit in the United States Mail, postage prepaid, addressed as follows:
City: Office of the City Clerk Users: Douglas and Denise Crabtree
City of Meridian 1927 N. Leisure Lane
33 E. Broadway Ave. Meridian, ID 83646
Meridian, Idaho 83642
Either Party may change its address for the purpose of this section by delivering to the other
Party written notification of such change, establishing a new address for noticing purposes, in
accordance with the requirements of this section.
F. SE,vE4 RABLLrrY. If any provision of this Agreement is held invalid by a court of competent
jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity thereof
shall not affect any other provision or provisions contained herein.
G. A'r'rORNCY FEES. Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other
relief as may be granted, to court costs and reasonable attorney fees as determined by such
court. This provision shall be deemed to be a separate contract between the Parties and shall
survive, inter alica, any default, termination, or forfeiture of this Agreement.
H. FINAL AcYREEMENT. This Agreement sets forth all promises, inducements, agreements,
conditions, and understandings between City and Users relative to the subject matter hereof,
and there are no promises, agreements, conditions, or understandings, either oral or written,
express or implied, between City and Users, other than as are stated herein. Except as
otherwise specifically provided herein, no subsequent alteration, amendment, change, or
addition to this Agreement shall be binding upon the Parties unless set forth in writing and
duly executed by both Parties or their successors in interest.
AGREEMENT FOR CONNECTION TO PUBLIC SFwFR SYSTEM PAOF, 4 OF 12
I. NON -WAIVER. Failure of either Party to promptly enforce the strict performance of any term
of this Agreement shall not constitute a waiver or relinquishment of any Party's right to
thereafter enforce such term, and any right or remedy hereunder may be asserted at any time
after either party becomes entitled to the benefit thereof, notwithstanding delay in
enforcement. All rights and remedies herein enumerated shall be cumulative and none shall
exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy
provided for herein or allowed by law shall not be to the exclusion of any other remedy.
J. COMPIAANCE WITH LAWS. Throughout the course of this Agreement, the Parties shall
comply with all applicable laws, ordinances, codes, standards and permitting requirements of
Federal, State, and local governments, including, but not limited to, the City of Meridian,
Idaho Department of Environmental. Quality, Idaho Department of Water Resources, and
Central District Health Department, This Agreement shall be governed by and construed and
enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of
Meridian. The City's ordinances appertaining to the regulation, control, and use of its sewer
system, and any prospective amendments to and/or recodifications thereof, are specifically
and without limitation incorporated into this Agreement as if set forth fully herein.
K. ADVICE OF ATTORNEY. Each party warrants and represents that in executing this Agreement,
it has received independent legal and financial advice from its attorney and/or financial
advisor, or has had adequate opportunity to seek such advice.
L. APPROVAL REQUIRED: This Agreement shall not become effective or binding until
approved by the City Council of tie City of Meridian.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
day of_Jaru T, 2fii-: _
USERS:
Dou as Crabtree
CY L„�,
Or 14 0 TA 0.10
0 '
6L I
0000
STATE OF IDAHO
ss:
County of >
I HEREBY CERTIFY that on this day of ,
before the undersigned, a Notary Public in the State of Idaho,
personally appeared DOUGLAS CRABTREE, proven to me
to be the person who executed the said instrument, and
acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal, the day and year in this certificate first
above written. ►
Notary Public' 01 a
Residing at _Mc'
_ Idaho
My Commission Expires: :1 -3 -Az
AGREEMENT TOR CONNECTION 9'0 PUBLIC SEWP.R SYSTEM PAGE 5 Ot., 12
Denise Crabtre��C;
4,0000*
Z d 1t40TA*k6%iP
z
A&BLIC
9911116904
CITY
Tammy ge''Weerd, Ma
STATE OF IDAHO )
ss:
County of )
I HEREBY CERTIFY that on this —day of
before the undersigned, a Notary Public in the State of Idaho,
personally appeared DENISE CRABTIZEE, proven to me to
be the person who executed the said instrument, and
acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal, the day and year in this certificate first
abov • written'
6
Notary Public I lo
Residing at Idaho
My Commission Expires
zX
.y of A.
BDA"Oj
<< s ii Cee fIlman, City Clerk
STATE OF IDAHO )
County of Ada )
On this5 — day of January, 2016, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L.
Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the
instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City
executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
in this certificate first above written.
-®®s®®.•
y Public fo�i'o�-
Nota
Residing at �e x-, \ C� Y-\ Idaho
My Commission Expires:
AGREEMENT FOR CONNECTION TO PUBLIC SEWER SYSTEM PAGE 6 OF 12
21M Mel I 1 161
AGREP.MENT FOR CONNP.CTION TO PUBLIC SEwr:R SYSTEM PAGE 7 OF 12
sixwrM?Y 5EWEP EASEMENT
THIS
m<r?e
thi5220 ny ofjgkjkj,1`90,
between
Gt4yul
bili ke%'e
port. eF; of the
first ,art.,
God
8nC'; hereinafterL'i3.11P.rr
_,t{-je
t{Il fr8llt,of: S, �?nd LII City
Of f'if'1:1fJ.ran,
hcireinafter
1?.c'o County,
ldaho, they
party of the s ocond WK and
CCllod the
t�rt,ntc>.r.c:
VITNESSFT{-I:
WHEREAS, the Mentors dn.si reg to provide a s unitory sewer
ricpttt.-of'-way acrc,C',s the prowises arld property her.ein<.fter
part.icu)arly hounded and describOd: and
MEPEAS, the sanitary sewer is to he provided for through
an underground pipeline to he: con structod by the Crantee; and
MOM, it will bn necessary to rlaintai.n and service slid
pipeline from time to t:ir:e by the Crantce:
`•'•OW VEINEf- VE, in eonsidernt ion of the henefiteni to he
rrceivec.` by the Mentors, and other c;ocd and vOlunble
co i.cteratlon, the Crant.ors do hereby hive, grant and convey
unto the: Cramer the right-of-wny for an easement for the
construction , operation and maintenanct- of a seater line over arid
across the describe(! property:
P. c.t'rceI of land 16.0U feet in +!.ic}t{; lyi(In 5.0ri fe:c:+t an (,0 Ch
side of and parallel with the foil wincJ descuibed line::
A portion cif thl! f'•E 1/1, `it; 1/4 of secl;ion 1, T.3N.,R.1VJ,,
Raise Me?ri.di.�rl, Acis+ County, idatlo, inure; particulary as follows:
Copanencinr; at the: 54'r r.ornor of section 1, T. 3k., i?,•tV!
t1.M. , t.henct-
M, FQrIh1150" E 1326.M Foot along the section :Lint,, thence
N. [ff!"4.1''21c" 10 1143.74 fun to Lhu point of beginning,
t:hcncr
1 O(1" P 12.4. 0(! feet, thrnt o
On" F. 145.0 feet, inorB err 1, c- t.a the south line
orf the. Verr r P.r,ceI .
S;?,NJTA9Y ��F"iiER F~PS.Fi,.F."'T, fanC I
Mu nusemrnt hereby nrant(rd i;; fnr the purPose of
cr)nl,tructiur; pan(: op,...raLinn car v sanitary sewer line and
i'taci.li.tir:;, trr[�thor with there maintenance, repair and
rel:l�cE.nac;nt at the cov( .1f r)cc of tyre ('rantee, with the.
of (,Ccs, to such fnciIitias rat any "nd al Lin-'er,
allia(!
free right
Tl If, 1'j!D To fIOL,p the., said easement and rigPrt-of-w.ay ur'rtn
t.ho W0 f rentor, As successors and nssions i`ore.ver.
JT I5 F_\i'iIF.F `.il_Y l; ,FIiE.I;STU()hANP ACkFFC,by of between the
partieshr:r(>t(;, that tt,r (carter vrill timely conpleLe Lire wnrle of
loyirrn LhF: (ialliL�ary ;ower line and re:s-torinq the premises usr•,(f
th[;refor Lo Fs corditinn coripa.rrahle v,IiLh thF.rt, exist int, prior to
exure.ising thin easement; that, in raking rei)F,ir.•s, thri CranLee
vi.l l nxt.ca ic,nl'.ly replace One restore the l!rornJ.ses to Fr cnnc;itinn
coinfl arahle to Lhr,t (existent prior to undertaking such repairs
7rid rrpl r;c(::m(IHL , .
Tiff f':'AA THFS hereby convenant anti agree that they will not:
PlEcee or. <<l..lrrv, to !,,(j placed any peermanr;nt structures on the area:)
(?v!nuriht,(r for this ra sement which w(aul(r interfere with the (19P of
;Grit[! (.`e'SCr'ltt`(i (.'ci4:C:f;C'.rit £tEt'
S iE[lrifor the pUPPOSC.
IT T`� IIL'fF!IY fi!RTPEr PfNi ul that. the Cr�.tnrs ('n 11PrchY riVn
(and arr<-nt t:o the Crrrntee the ri(ii,,t of use curing initial
corntruct.ion a tcmpnrary construction easemant over a strip of
lane': (Iescrif-Ird ;:es fnll.ov,'$:
f.<,nd 31 .C'('' f+,ct. in vri[lt1, .loin(! 15.Pn fPC-t
f uul:i;i,e Lr r1 y (ef ra :�r!,j<cent to the FabovFe de=scribe ti pormnnent
nvu r (int
IT I.`i I1;,f:F1(STC1101; thFrt the! strip of lane{ described in t1 -1e
1,eviour parse[ raph i!, for the purpose of constructing said sewer
iirn !orcincrlrcr.il•nd, the Gr:nF t.o (:expirr vhpn the initial.
canstrraMian coU;.elrted.
IT 15 l'il't=i? Tt'L7D ANI', AfI;FFI` that the, CrFrnt(?e wiJl re! -tore
,Hie nt.rip Lo a c(_ndi.tion comparable to that existent prior to
the un(jerl(rUinr: of the construction of such se,,er line.
T,I1rlTAkY SFVr'fR FINSfl'E1\'T, Pare 2
� Y +
T11F F1,,A';T0RS (in hereby covenant with the C'rantee that they
seized and posrec;r,c:d if the aforementioned and
c rescr.ii r t.ryA nf .land, and tlipt they have e ctoort Find lM"I
right Lo cnnvey said casement, and that they will warrant and
f'nvovr'r c'rfe:n(' tre Litle and noivL possession thcrenf the
Clair!;,, of rill persons vrhor.soever.
it WITNESS -'ITPEOF, the said parties of the 100 part.
nave hereunto subscr.it)ed th(.rir signatures the day and year first
hr:re.in,!nove r.ritten.
1• r r11 r ^r MA110
P
((iUnty of /'«V
0n th,i r. !ay of, A4yj St in the year 1a�1 hFf(.ire
a tir1:; ry "uhl it i.'!1�0110 F0 tnid St. ate,
app eared char s j0d �A�'0/ Kthf" , knot -,,n to mn
to he the per::nn vrr'o,,e najrc, :'qibscr lbed Lo the fore.r(::ir;r
instr(. ent, <^.nd ncknMeged to we that they exrcuted the sar-e.
P. t ]Th F!-,`; '':i FIS Fff , i have hereunto r-0' rr.v hand affixed a;y
(II'fir.inI ,r:n,I tt~I, d'ry s. rid yCnr f3 v-, t. at:nvC written.
I('.r.,Y I:, I.TC fpr T71 nt (
�Q tl a�S Q R
Cm1l)[11i.:;r,i(rr) Exi1irnr.
Of
ADA 0 U ! ;'(, IDAH
FO —
90 SEC' 12 H"I 2 LA
,K�:co DF;t
JOHN UA, ' Q
�Y
,
^ �
S0�IT8RY SUF8 FASEKEhT
PITMFSS[TH'
:HFPEAI. t|x` Motors desire to yrnvi.de a nnnitory ,e*,,
riohL-o[-way orrnsn the premises eod property h*c*inu[ier
�sr�ioulo�]y �nundo.| end and
ViHFP[AS, the uooiLary sewer is to be provided for ihrouqh
an mvj,rgrom/d pipeline to be constructed by the CraoLro; and
HH[K[AF. it will he necessary to maintain and service said
pipeline From iiwp to time by the [rantno'
�0X,THF|�FFOR[, ]o consideration o[ the bene Pits to 6r
received by the Lrnntoro, and other good and, valuable
cunu1ducuL1nn, Ue CronLora Ju hereby give., grant and convey
unto the Pr»oior the righL-n[-voy for an ease-niont for the
uoo,-Aroo�jnn, np�rotinn and moint000nce,. or n sewer line over und
across the [u]-ioming described property:
A parcel n[ land 16.00 yooL in width lying O.3V [*ri on each
vic;e o( and F'xrn1lel with Lhe [ullnoino described line:
C pcxLinx or the SE 1/4 SN 1/4 of section 1,
;uiye !'ecidinn, Ada Cnonty, Idoho, mncn particulary on [ollovo�
Cunupncj/w at ihp SV! corner or opcLion 1, T, JN..
R . M . , L'honco
P"�, :n°41'5P" r. 1J26.38 [eat uloop the suction Un,, thence
K. UO41'24« N. 114J.24 [yeL to L|io point o hoginninn,
thence
k. ?;^C:/.'[Uo K. 135,GO rent , muro or lens to the exioLing
sewer line.
SA N'/TAKY S[F� [AS[1,:[�T. Pa�!r 1
<
y
o{1990. beiwemn
,-t�`o
pnrti��-ny tho [1rpt pnrt,
mnd hervinafLec
celled Lho
Croniora,
and the city of Noridjao,
Ado Cnunty,1(.�a110.
the party
o[ the
second poct, and horoinaftpr
cu1lod the
orxot,cu-
PITMFSS[TH'
:HFPEAI. t|x` Motors desire to yrnvi.de a nnnitory ,e*,,
riohL-o[-way orrnsn the premises eod property h*c*inu[ier
�sr�ioulo�]y �nundo.| end and
ViHFP[AS, the uooiLary sewer is to be provided for ihrouqh
an mvj,rgrom/d pipeline to be constructed by the CraoLro; and
HH[K[AF. it will he necessary to maintain and service said
pipeline From iiwp to time by the [rantno'
�0X,THF|�FFOR[, ]o consideration o[ the bene Pits to 6r
received by the Lrnntoro, and other good and, valuable
cunu1ducuL1nn, Ue CronLora Ju hereby give., grant and convey
unto the Pr»oior the righL-n[-voy for an ease-niont for the
uoo,-Aroo�jnn, np�rotinn and moint000nce,. or n sewer line over und
across the [u]-ioming described property:
A parcel n[ land 16.00 yooL in width lying O.3V [*ri on each
vic;e o( and F'xrn1lel with Lhe [ullnoino described line:
C pcxLinx or the SE 1/4 SN 1/4 of section 1,
;uiye !'ecidinn, Ada Cnonty, Idoho, mncn particulary on [ollovo�
Cunupncj/w at ihp SV! corner or opcLion 1, T, JN..
R . M . , L'honco
P"�, :n°41'5P" r. 1J26.38 [eat uloop the suction Un,, thence
K. UO41'24« N. 114J.24 [yeL to L|io point o hoginninn,
thence
k. ?;^C:/.'[Uo K. 135,GO rent , muro or lens to the exioLing
sewer line.
SA N'/TAKY S[F� [AS[1,:[�T. Pa�!r 1
7i r cN,,ivnrent 1-Rre1;y orantcc; is for the purpose of
con:;Lruc.Lion nvid Operation of <a snnitary sewer line, and allied
faciliLi(?s:, together with there rnr_inte:nencc�, repair and
ropI, .tcc;ocnt .:it the cove (Iienr.e of the C'rafit ee, wiLh the frec: v iij. IL
of 0ccc ,r, to such faciIii;iee. aL n n y and all ti, res.
IU I'AVF ANA) TO tiCLD) Llte said easement and right -of -way unto
the said ['ranter;, its successors artd assigns forever.
11 I is f,i'I;f:iSI..Y tIXt",F.,RSTOI;C Af-th AGI{FFfi,by and be t. ween Lhr,
i,artie�s herr,,to, that the CrF.)nt.rre will Limr]y comp1eLe Lhe r•jcrrk of
Ioyinu the saniLary ,sevior line and restoring the premi.SOS used
t.hr'rt�for Ln a cunoiLion comparakle with that. existinn prior to
t xrsrc.ininn this, ansefit rnt; LhaL, in making repairs, the Grantee
,•rill expert i ent.Iy replace and r. est. ore the premises to a condiLion
comP�IT*al;Itr to L -hat existent prior to undertaking such repairs
anr.: re1,1 r cemrnts .
THI- FRANUR.S hereby convenant. and agree that they will riot.
ce or allow to be pi aced ony perm ancint structures on L'he are�r
ciesrri.hrrr for thi.�: easpvlent which would interfere with the tjsil of
_paid (leser.ibed em;,er:ienL for the purposes staLed herein.
TT I`1 IiF-RI'I?Y fl"''TllFR AC•RF EI, that the Cratnr, do f1ervf1y give
c,nc' iuu[IL Lo the Crantee the riuht of use durin.! initial
con;�trucLinn a tentp:nrary construction easement over e strip, of'
Lind desc ri hed as fnl l ovrs :
," L:r rccl of Innci 31 Of! feet in width lyinq 15.110 feat
SouLlrwet,Lelabove-described
ry of a mijvicent to the permanent
ertc;r nnnt .
I t .TS W f t 15Tf11(11-, that the strip of land descrihrid in the
previous Iiare-or,ph i.r, for the purpose of construct inn said sewer
line Ill: rpi.rt oescrihed, the, same to expire when the initial
cnnst:ructi0n .is r.ninpleted.
TT IUf:i,Fi:STflflfi AND ACRFFD that the. Crr?ntee will restore
s<ir_i r trip t.0 , condition comparable; to that existent prior t.o
t;nc urrr'.crt jkin(t of thc> con9Lrtie Lion of such sever line.
S,3iN,1'I,at;l' !.')VVtE.ft EAS HIF"k I , page 2
TI{f fri Tf?t,S do hereby covenant with the Grantee that they
are l,wf'ully suited and possessed if the aforementioned and
dr,scril,ed Lr-nc�t of band, ant. that they have a gout; and lawful
riuhL to convoy ;;,nit] e(asempnL, and that they will warrant and
Iornver dofend the title and (ruiet- ()osses:;ion thereof' anninst the
lavaful elairri,; c!f ,.311 persons whomsoever.
L\ PIrNESS WPCRU1)F, L h e aaid parties of the first part
have here unto nubscriaed their sign�itures the day and year first
hereinahovr, written.
f -v -
STP.T*: Cf- I PIM }
CounLy nf'�da ),y.
(;n this.Zl�'� day of AM9tl57 in the yerir 1996, berore,
HIE', i.nu undo=rsignec,, a ho Lary Public in and f'or said State,
pu.tsorrally zippeared AnAA k03kelat , known to me
to be tl-ic: per,ion whose name subscribed to the foregoing
insLrwm(,nt:, w -id ncknowl.eged to me that they executed the same.
lx' 4: (TNFSS WF1t::l{E('?f, l hive hereunLn ,;FA my hand offixed my
of l ici�;l ieol the dray (unci year fiv sL above written.
,``,��ytir�rtrrrrr�,
.� Sc
OTAPY t111L.TC far Idaho
Residinn at
i4 Cnmmission Expires �y
'• 9049393
,� l t4ll1l
iiA.`,1Ti;INY SL';`Eft EA5EI;EAT, P 3
AOA COl1P , f,ANO
FOR
'90 SEP 12 FNI 2 40
JOHN b i A, Rr-G DER
by d,
/
117