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HomeMy WebLinkAboutSanitary Sewer Easement with Joint School District No. 2 for Mountain View High School ~, ~h: d¡~ nfl" RECORDED-RE~.JU STOF ~~'M RE RD av, ! J. DAV! NAVARRO , BOIS~. tOAHO fJ 'EE~DEPl ... lli.t5 ~DDI AU 30 PH I: 30 I 0 I 089248 /V\OtAV\TA\N V~t::W 141â~ Sc~oL SANITARY SEWER EASEMENT s. . ~.J. 'Jim"r Sc»ÐI?L--NO 'l- THIS INDENTURE,madethis~l- dayof~:20..QLbetween Dl$ftUc.'{""' , the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline ITom time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. In consideration of allowing Grantee to perform work on and/or operate within the said described parcel, Grantee expressly agrees to indemnify, save and hold harmless Grantor, it's successors and assigns, against any and all claims, suits, demands, actions, debts, injuries to persons, and damages to property, damages, costs, charges, and expenses,.including all court cost and attorneys fee, and against any and all liability, losses and damages of any nature whatsoever, the "Damages" that Grantor shall or may at any time sustain or be put to by reason or as a result of Grantee performing, working on and/or operating within the here in above described parcel; provided that the damages are not caused by the negligence or other breach oflegal duty by Grantor. Sewer Main Easement EASMT.SWR.doc Page 1 TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract ofland, and that they have a good and lawful right to convey said easement, 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 parties of the first part have hereunto subscribed their signatures the day and year first herein above written. Sewer Main Easement EASMT.SWR.doc Page 2 GRANTOR: ~;~'~'~)~#J sldent ~~ Secretary STATE OF IDAHO) ) ss County of Ada ) On this \~ day of ~u.<:,+-, 20~, before me, the undersigned, a Notary Publiç in !IIldfor said State, personally appeared C~....ìo;rt-.."c:: "Dt>Vll'lcI\ and MtA.V', '\f"'- "1/. Sd^.~ ' known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. ....W,W},TNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day .~.,~~ ~ iÞ/!.if!st above written. ...\, û .....".. ~~~~~ ~ t2 ~ ~ ~" .. .. 0 ~ '.-1-' .' . ~ ~ .f" AR ... V ~ fIJo.M.LUJ....- . ~Q...//A..J g "<11 ¡ ~OT Y \ 't.; NOTARY PUBLIC FOR IDAHO - Il, . -.- . - ~*\ PUBulc, i *§ ~ .... .... C ¡ ~~ ~ .......... $ ~ ~"",4.l'E OF ~ ..~~., ."",........., GRANTEE: CITY OF MERIDIAN Residing at ÎÞf.W.d..tM-.-. Jdu-A-o Commission Expires: '-fJt.a.¡¡j.J,.. ~ 7. ;;Joo 3 . Approved By City Council On: """""1111".. , .~\.\' Of ~'" <I' ~--t ""~I> 'G\ J l ! SEAL ~ Cler~ \.,' ~ 1St ' J; . ~i'l A\o\. . . M Sewer Main Easement EASMT.SWRdoc Page 3 - PERMANENT SEWER PIPE LINE EASEMENT Across Lot 5. Block 1 of the Resolution Subdivision No.1 Being a permanent easement twenty feet wide, 10 feet each side of the following described centerline line. All easement sidelirtes being prolonged or shortened to conform with the Grantor's property lirtes. Said permanent easement being situated in the NW 1/4 Section 20, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, State of Idaho, more particularly described as follows: Commencirtg at a brass cap at the Northwest comer of said Section 20; Thence along the northerly line of said Section S89°52'19"E, a distance of 2656.36 feet to a Brass Cap at the North Quarter Comer of said Section 20; Thence SOoo24'16"W, a distance of 849.14 feet to the northeast comer of Lot 5 Block 1, of said Resolution Subdivision No.1; Thence along the northerly line of said Lot 5, N89°52'19"W, a distance of 1033.08 feet to the centerline of said permanent easement and also being the "Real Point of Beginning." Thence SOooOO'05"E, a distance of 606.53 feet; Thence N54°10'37"W, a distance of 320.19 feet; Thence NOooOO'OO"E, a distance of 51.36 feet; Thence N89°52'19"W. a distance of 277.11 feet; Thence S89°52'19"E, a distance of 277.11 feet; Thence SOooOO'OO"W, a distance of 51.36 feet; Thence S54°10'37"E, a distance of 320.19 feet; Thence S54 °10'37"E, a distance of 352.63 feet; Thence S84°48'45"E, a distance of 178.25 feet to the poirtt of termination of this easement. See attached: Exhibit B Exhibit-A IOOOS2Ilegal/sewer.doc City of Meridian, ID Easement Descriptions Page 1 of 1 " EXHIBIT B ~ ~ f,. ~ ~~c,~~' G TIN R1E 8,M. " £: OVERLANO ROAO S 89"52"" E 2S56.3S' NI/4 COR. SEC. 20 " Vi N 8.'52',." W '033.0.' - - - .. -.. -- - --- -- - - --.. - -- - -- - -- -.. --- --- -- - --- ~ ~ ! ~ RESOLU770N SUBo. No ! ,-- - - -- - --- - - -- - -- -- - -.. - -- --- --- --- \ ¡ \ ~ 1 ¡ \ ~ ! \ ! : NBS'52'1."W 277,'" ~ N I \, 0 I' ~ \ ! \ ! \ ! \ ! , ! , i , , , i , : , I --, RESOLU770N SUBO. No ! : -', LOT 5 BLOCK! ! ~ i \ i \ j \ ! \ j \ i \ i \ í---------------------"-.J \ ! \, I \\ ¡ , : \,-..-------..------J