Sanitary Sewer and Water Main Easement with The Melvin R. and Norma E. Schrammeck Trust for Redfeather Subdivision
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EASEMENT AGREEMENT
THIS INDENTURE, made this...1L day of~, 20~between The Melvin R. and Noma E
Schrammeck Trust, the parties of the first part, and hereinafter called the Grantors, and the City 01
Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee;
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WHEREAS, the Grantors desire to provide a sanitary sewer and water right-of-way across ~
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the premises and property hereinafter particularly bounded and descnòed; and <§ ~
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WHEREAS, the sanitary sewer and water is to be provided for through an underground ~ ~ ~ !ã
pipeline to be constructed and paid for by others; and ß ~ ~ g c
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WHEREAS, the Grantors and Grantee agree that the installation of the sewer and water lines, 8;;; Ë!e ~ ~
must be constructed at the same time so that the Grantors tenant will not be interrupted by , '" - - .- c
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construction more than one time; and ' .-=------
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WHEREAS, it will be necessary to maintain and service said pipeline 1Ì"0m time to time by the
Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and
other good and valqable consideration, the Grantors do hereby ¡pve, grant and convey unto
the Grantee the right-of-way for an easement for the operation, 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 and water lines and their allied facilities, together with their maintenance, repair and
replacement at the convenience of the Grantee, with the ITee right of access to such fucilities
at any and all times.
TO HA VB 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 perfomring 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 descn"bed 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 pennanent structures within the area descn"bed 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
Easement Agreement Page 1 EASMT -S._,WR-SCbr~~
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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 tl¡ereof 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 descnòed 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 subscn"bed their
signatures the day and year first herein above written.
GRANTOR: The Melvin R. and Noma E. Schrammeck Trust
Joy A. Moore, Trustee
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Trustee
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STATE OF IDAHO)
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County of Ada )
On this I ( day of ~ ' 20 ð 3, before me, the undersigned, a Notary
Public in and for said State, person lyappeared Joy A. Moore, known or IdentIfied to
me to be the trustee of the Melvin R. and Noma E. Schrammeck Trust that executed the
within instrument, and acknowledged to me that such trust executed the same.
IN WITNESS WHEREOF, I have hereunto set
and year.þu~ written.
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GRANTEE: ÍÏ~'ðP~RlDW{~~ Of MER¡;;;~"",
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Approved By City Council On;
Easement Agreement
Page 2
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STATE OF IDAHO, )
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County of Ada)
On thiS~day of~rll ,200/, before me, the
undersigned, a Notary Public in and for sa' . State, personally appeared TAMMY DE
WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk,
~espectively, -of the City of Meridian, Jdaho, and who executed the within instrument, and
acknowledged to me that the City of Meridian executed the same.
-IN WIT#fSS WHEREOF, ~ have hereunto set my hand and affixed my
official seal the day and year first above written.
{SEAL}
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COMMISSION EXPIRES: ~/,).Ø1¡j7
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TEALEY'S LAND
SURVEYING
2501 Bogus Basin Rd. . Boise, Idaho 83702
(208) 385-0636
Fax (208) 385-0696
Project No.: 2442
Date: June 20, 2003
EXHIBIT A
DESCRIPTION
OF
CITY OF MERIDIAN SEWER EASEMENT
FOR REDFEATHER SUB
FROM SCHRAMMECK TRUST
A parcel of lan(l situate(l in the NW 1/4 of Section 4, T.3N., R.1E., 8.M., Ada County,
Idaho and more particularly described as follows:
COMMENCING at a brass caP marking the Northwest comer of said Section 4;
thence along the West line of said Section 4
South 00"36'11" West +724.77 feet to a point on the extended Northerly line of the
parcel of land described in Instrument No. 912958; thence along said extended Northerly
line and the Northerly line of said parcel of land described in Instrument No. 912958
South 53"03'49" East 86.89 feet to a point on the East right-ofcway line of North
Eagle Road; thence along said East right-of-way line'
South 00"36'11" West 41.39 feet to the POINT OF BEGINNING; thence leaving said
East right-of-way line '
North 69"01 '02" East 39.35 feet to a point on said Northerly parcel line; thence along
said Northerly Parcel line
South 53"03'49" East 35.41 feet to a point; thence leaving said Northerly parcel line
South 69"01'02" West 70.03 feet to a point on said East right-of-way line; thence
alo~¡¡¡ said East right-of-way line
North 00"36'11" East 32.26 fust to the POINT OF BEGINNING.
2442-5hrammeck-5ewer-Ease.doc - dnm
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SCHRAMMECK
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BEARING
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S 19.20'17" E
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CHORD
40.31'
40.31'
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SCALE IN FEET
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HARRY L. &
FRANCES C.
BRYSON
N.
t EXHIBIT "E"
CITY OF MERIDIAN SEWER LINE
EASEMENT EXHIBIT FOR
REDFEA THER SUBDIVISION
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