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SANITARY SEWER EASEMENT
THIS INDENTURE, made this ~ day of September 2001, Albert M. and Mary E. Dauven,
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 from 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 EXHIBITS "A" AND "B")
The permanent 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.
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 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. Grantee will replace all fencing, gates and/or utilities damaged by
construction activities.
2. Grantee will construct a 14 foot wide graveled base under 6" of soil for use
SANITARY SEWER EASEMENT, Page 1 of 3
as an access road with the sewer pipeline being the approximate center line.
Manholes within the easement area will also be covered with 6" of soil.
3. Grantee will replant appropriate pasture grasses where pasture is damaged
during construction.
4. Sewer service stubs for Grantor and neighbor to the north will be provided
within the easement area. Sewer service for the neighbor to the north will be
provide at the manhole in or near Wingate Lane and for Grantor at a location
designated by Grantor.
5. In the event that construction and construction restoration are not complete
to the Grantors satisfaction by March 31, 2002, additional consideration will
be made for horse boarding and loss of use of the permanent and temporary
easement areas.
THE GRANTORS hereby covenant and agree that they will not place or allow to be
placed any permanent structures, large trees or brush within the area described for
this easement, which would interfere with the use of said easement, for the
purposes stated herein.
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 said parties of the first part have hereunto subscribed
their signatures the day and year first hereinabove written.
SANITARY SEWER EASEMENT, Page 2 of 3
STATE OF IDAHO)
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County of Ada )
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On this ~ i day of ~.,~ 1.~~ :~~ , 2001, before me ~ , // ~/~~~~~' ,
personally appeared ~ - ; ~ /' ~ >~,, ' ~ ~ - ~ t~~~
- ,proved tom on
the bases of satisfactory evidence to the persons whose names is subscribed to
the within instrument, and acknowledged that they executed the same
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GRANTEE: CITY OF MERIDIAN
ob rt D. Corrie, Mayor
Attest by William G. Ber ,City Clerk
NOT/~CRY PUB,I' IC' FOR IC~`AHO
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Approved By City Council On: _ Qc~a6~ r Z ~ ~~
SANITARY SEWER EASEMENT, Page 3 of 3
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Engineers Surveyors Planners
Project No.: South Slough Trunk Sewer Extension (11690)
Date: September 26, 2001
Parcel No.: 51105121040
Grantor: Albert M. Dauven
CITY OF MERIDIAN
EXHIBIT "A"
A 25' WIDE PERMANENT SANITARY SEWER EASEMENT
LAND SITUATED IN ADA COUNTY
A strip of land located in a part of Government Lot 2, Section 5, T.3N., R.1 E., B.M., Ada
County, Idaho, for the purpose of a 25-foot wide permanent sanitary sewer easement lying 10 feet
Northerly of and also 15 feet Southerly of the following described line:
Commencing at a found 5/8-inch iron pipe at the Northwest corner of Government Lot 2,
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, 1,029.44 feet to a point 46.00 feet South of the
Northerly boundary of Dauven property, Tax Parcel No. 51105121040 the POINT OF BEGINNING;
thence leaving said North-South center-line of Section 5, and parallel with said Northerly
boundary, South 89°40'13" East, 336.65 feet to a point;
thence leaving said parallel line, South 51 °42'11 "East, 206.33 feet to a point;
thence South 61°42'33" East, 84.85 feet to a point on the Westerly boundary of Block 2 of
Carol's Subdivision No. 2, as recorded in plat Book 39, page 3248 of the Ada County, Idaho records,
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.
TOGETHER WITH:
A 35-foot wide temporary construction easement being 35-foot Southerly and coincident
with the Southerly boundaries of the above-described permanent sanitary sewer easement, and the
Southerly 90.00 feet of the Easterly 100.00 feet of Dauven property, Tax Parcel No. 51105121040.
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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