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HomeMy WebLinkAboutQueenland Acres Inc. for Meridian Greens No. 303308~~ ~~~~h~ ~ y A`;JA 00E,`d-, Y. 10. FOf~ ,}. DAV i d '! r~ +`A R R O SANITARY SEWER EASEMENT RECORDER B ~~1'v ~~ THIS yyI11~tUF*.5'URE, made this ~_ +9ay of ~,(~'~`•~-f• , 1,993, ' 93 flP~~e~~ ~EE±~:~,AND ACRES, INC . , an Idaho Corporation, the party of the fir:;t part, and .hereinafter called Grantor, and the Gity of. Meridian, .Ada County, Idaho, the party of the second part, an.3 hereinafter walled the Grantee; WITNESSETI3 : WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the ,premises and property hereinafter parti- cularly boor.-,ded and described; and WHERFA.~~, the sanitary sewer is to be provide:,. for through an uric?erg:~~.,und p? peline to be constructed by the Grantee; and WI~.REAS, it will be necessary to IlldlI,t-ai n and service said pipeline from tiarcero time by the Grantee; IVGW, Tg3EREF©R in consideration of the benefits to be received by the Grantor, and other good and valuable considera- tion, the Grantor au~~s hereby give, grant ant! convey u:-~.to the Grantee the right-of-•way for an easement for the construction, operation and maintenance of a sewer line over the across the following described property: Description attackaed as Exhibit "A" The easement hereby granted is for the purpose of construc- ti on and operation of a sanitary sewer line and allied facilities, together with their maintenance, repair and replacement at the SANITARY S~v1?'i? -EA~~:T•'~:A:"' - 1 convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLT~, the said easement and right-of-way u.-~to the said Grantee, its successors and assigns forever. IT IS EXPRESSLY' UNDERSTQOD AtJD AGREED, by and between the t.ar~ies .iere~a, t!:,:t ~hc*_ Grantee will timely complete t`~e worK of laying the sanitary sewe-- line a.nd restoring the premises used therefor to a condition comparable with that existing prior to this easement; that, in ma-king future repairs, the Grantee wild. expediently replace and restore the premises to a condition com- ~sarable to that exister..t prior to undertaking such repairs and r..eplacements. THE GRANTOR hc..reby cup*e~;~n.ts and agrees that they will not place or allow to Le placed a~iy perzaanent structures on f.he area described. for -t~is easeru;'nt which would interfere with the use of said described easement for the purposes stated herein. IT IS HERE:3Y .FURTHER AGRERD t;at the Grani_n,r_ does hereby give and grant to the Grantee khe right of use during initial construction a temporary construction easement over a strip pf land described as follows: A temporary 15-foot wide construction easement r~anni.ng parallel to and along- t?ae Y~'esterly and Southerl~r edge of the above described easement. IT IS UNDERSTOOD that the strip of land described in the previous paragraph is for the purpose of constructs ng said sewer line herein described, the same to expire when the initial con- struction is completed. SANITARY SEWER EASEMENT - 2 IT IS UNDERSTOOD AND AGREED that the Grantee will restore said strip to a condition comparab~.e to that existent prior to the undertaking of the caristruction of such sewer line. THE GRANTOR does hereby cove*zant ;,pith the Grantee that they are lawfully seized and possessed of the aforementioned and nescribed '_-•~°=.ct: c;f lane, aid t~i.a;k ::t,cy ;,iF~e a, good and lawful right to convey saideasement, and that they ~.~i1,1 warrant and forever defend that title and quiet peasse<sion thereof against the lawful claims o£ aii.persons who~tsoever. IN inTITNFSS ~1HEREOF, the said parties o:~ .the first part have hereunto subscribed their signatures the~day and year first hereinabove written. GRANTOR: QUEENLAN ACRES, llC:. BY : ~ • ~- _:~i ~s , rest en L .r~. .~.. ~. ~ r _..- STATE OF IDAHO ) ss. County o•f Ada ) On this ~~ day of ~+/ x,993, before me, a. Notary Public in a.nd for said S ate., personallyy appeared THERAN G. SCOTT and CAROL A. LOTSPE3CH known to me to be the President and Secretary ox the corporation that executed this instrument or the pex•sons who executed it on behalf of said .corporation, and acknowledged to me that such corporation executed the same. WITNESS ICY HAND AND SEAL the day and year above written. ~~~rurrHrq ;~ 'y. F, ~ : SOT ARb ~ ~I g tart' Public f ~daho _~ S ~~ ~~, ! ~~esiding at; /71~ 11•w • ~,,°•~ B ~ ~o ~ v ~ r::.mi s ~: ~.~~r__?xpires : /h~~y~ SANITARY SEWER EASEMENT - `.3""""'''~ ~- ~ .. E~I~IFIT "A" .. _ _ _ _ _ - _.__ SEWER EASEPVlENT A 20.00 foot sanitary sewer easement runn?ng parallel to and 10.00 feet on each side of the following described centerline and lying in the NVV1/4 of Section. 19, T.3N., R.1 E., B.M., Ada County, Idaho, mere particularly described as follows: Commencing at the Section Corner common to Sections 18 and 19 of ~~ .3N., R.1~ ., B.`~J1. and Sections 13 and 24 of T.3N., R.1W., B.M., said paint being marlSed ~;v a b.2.~s cap monument; thence North 89°43'43" East along the North line of said Section 19 for a distance of 165.49 f~:;et; thence South 4°59'28" West for a distance of 25.11. feet to a' point on the Southerly right-of-way line of Overland Road, said point being on the centerline cf d rropcsed sewer line, and also being the REAL POINT OF BEGINNING of this easement; - _ - ther~cc Sauth 4°59'28" West for a distance of 23.89 feet; the^ca Scuth 20°08'55" East for a distance of 390.76 feet; - thence South 16°56'23" East for a c+istar.ce of 408.40 feet; - ~~ t.,erice North 73°35'41" East for a distance aE 33.04 feet to a point en the - centerline of the Ten MiIF, Drain, said point being the POINT OF TERMINJS of said 20.00 foot v4;7e easement. ~ he side lines of said easement are ro be extenai/~ or 5trorte~ ~cu to create a continuous 20.00 foot wide strip of land beginning at the Southerly right-of- way line cf Overland. Road and terminating at the centerline of the Ten Mile Drain.