HomeMy WebLinkAboutYoungstrom Sanitary Sewer EasementR E C 0 R 0 E D - REE U !J L," F
AC, CUUNTY RECORDER
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SANITARY SEWER EASEMENT
THIS INDENTURE, made this t I day of September 2001 between Frank and Barbara
Youngstrom the parties of the first part, and hereinafter called the Grantor, and the City of
Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the
Grantee.
WITNESSETH:
WHEREAS, the Grantor desires 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 Grantee; and
WHEREAS, it will be necessary to maintain and service said pipeline from time to
time by the Grantee,
NOW, THEREFORE, in consideration of the benefits to be received by the Grantor,
and other good and valuable consideration, the Grantor does hereby give, grant
and convey unto the Grantee the right-of-way for the permanent and temporary
construction easements for the construction, operation and maintenance of a
sanitary sewer line over and across the following described property:
(SEE ATTACHED EXHIBITS "A" AND "B")
The permanent easement hereby granted is for the purpose of construction and
operation of a sanitary sewer line and allied facilities, together with maintenance,
repair and replacement at the convenience of the Grantee, with the free right of
access to such facilities at any and all times.
The temporary construction easement is for the purpose of construction of a
sanitary sewer line and related incidental work. The temporary construction
easement shall expire when the construction contract terminates.
TO HAVE AND TO HOLD, the said permanent 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 the Grantee, in constructing and in making future repairs, will
expediently replace and restore the premises to a condition comparable to that
existent prior to undertaking such construction, repairs and replacement. The
Grantee also agrees to the following:
1. The Grantee will replace all fencing and/or utilities damaged by
construction activities.
SANITARY SEWER EASEMENT, Page 1 of 3
2. The existing storage shed may remain within the easement area.
No new permanent structure may be constructed within the
easement area.
3. It is the intent of the Grantee to construct the sanitary sewer line
through the Grantor's property without disrupting the ground
surface by use of a construction technique described as horizontal
boring. In the event boring is attempted and found to not be
possible, or is only partially successful, the Grantee will complete
construction with surface excavation and the property will be
returned to a condition as close as possible to that existing prior to
construction. Some mature landscaping will not likely be
replaceable to it's existing condition. The Grantee and Grantor
agree to negotiate in good faith a fair monetary compensation for
damaged landscaping that is not replaceable.
4. The Grantee will retain and protect Grantor's domestic well.
THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized
and possessed of the aforementioned and described tract of land, 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 parties have hereunto subscribed their signatures the
day and year first hereinabove written.
NOM
Frank E. Y
Barbara L. Youngstro
SANITARY SEWER EASEMENT, Page 2 of 3
STATE OF IDAHO)
1 ss
County of Ada )
On this 2 ) day of , 2 01, before me
personally appeared wn , proved to me on thE% bases of
&WWARsatisfactory evidence to be the pe sons whose names is subscribed to the within
instrument, and acknowledged that they executed the same.
My Commission Expires on llilze65-
h1%%I'II'VIIff,"'
GRANTEE: CITY OF MERIDIAN �"'0 of
ISKU
Gbah Corrie, Mayor"
~� '
Attest by William G. Berg ity erk
Approved By City Council On: t�c. ,• ier �L S m o o
SANITARY SEWER EASEMENT, Page 3 of 3
r,i u -B ,A
Engineers Surveyors Planners
Project No.:
South Slough Trunk Sewer Extension(11690)
Date:
September 26, 2001
Parcel No.:
R1294550135
Grantor:
Frank E. Youngstrom
CITY OF MERIDIAN
EXHIBIT "A"
A 25' WIDE PERMANENT SANITARY SEWER EASEMENT
LAND SITUATED IN ADA COUNTY
A strip of land located in a Lot 22, Block 2 of Carol's Subdivision No. 2, as recorded in plat
Book 39, page 3248 of the Ada County, Idaho records, for the purpose of a 25 -foot wide permanent
sanitary sewer easement lying 10 feet Southwesterly of and also 15 feet Northeasterly of the
following described line:
Commencing at a found 5/8 inch iron pipe at the North 1/a corner of Section 5, T.3N., R.1 E.,
B.M., Ada County, Idaho, from which a brass cap marking the Northwest corner of Section 5 bears
North 89°45'21" West, 2,655.40 feet; thence along the North-South center -line of Section 5,
South 00°26'51" West, 983.44 feet to a point; thence leaving said North-South center line
South 89114013" East, 573.71 feet to a point on the Westerly boundary of Block 2 of Carol's
Subdivision No. 2; thence along said Westerly boundary, South 00°12'27" West, 212.72 feet to the
POINT OF BEGINNING;
thence leaving the Westerly boundary of Carol's Subdivision No. 2, parallel with and 25.00
feet Southwesterly of the Northeasterly boundary of lot 22, South 61042'43" East, 208.69 feet to a
point on the Westerly right-of-way of Leslie Drive, the POINT OF TERMINUS;
Sidelines to be shortened or lengthened to match the beginning and terminus of this
description, and to form a closed figure.
END OF DESCRIPTION
Refer to Exhibit "B"
Prepared by:
J -U -B ENGINEERS, Inc.
Ronald M. Hodge, P.L.S.
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F:\projectmanagers\PHK\11690\11690-Sur\descriptions\youngstrom perm sewer easement.doc
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LEGEND SCALE: 1 "=60'
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— — PROPERTY BOUNDARY ' J
S PROPOSED TRUNK SEWER .�.•.�.".-
EXHIBIT'S'
0 o PROPOSEDPERMANENT
CITY OF MERIDIAN,
EASEMENT SOUTH SLOUGH TO
0 PROPOSED TEMPORARY SEWER EXTENSII
EASEMENT FRANK E_ YOUNGSTROM
A PROPOSED MANHOLE
(LOCATION MAY VARY)