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Sanitary Sewer and Water Main Easement with The Melvin R. and Norma E. Schrammeck Trust for Redfeather Subdivision ;¡¡¡¡; - 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; C> ø:: ø:: "" ::ë WHEREAS, the Grantors desire to provide a sanitary sewer and water right-of-way across ~ S;:::E the premises and property hereinafter particularly bounded and descnòed; and <§ ~ ->~g~ ø::=-c> 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 I ø::;g.<=~ c ~~~ß~ 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 9~¡¡¡~~: construction more than one time; and ' .-=------ WITNESSETH; ;¡¡¡¡; =œ -<D ~IS! =ìD --IS! =~ ;¡¡¡¡;- == - - 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~~ 'l-age-L...o~ 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 ~ tt rn-~, Trustee ~ STATE OF IDAHO) ) ss 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. ..., p.CY "'I "" ,lr;'\ "".. JP/('~" ,: "' +" ! ~OT-4.t)o"\ \ OT PUB C AH \:\...;:.~c j*} Residing at '~v1ÎAL ,,;;... /-,: C," ~/O "##<1~...."."'~O.$ onnmSSlO Exp1fes: 1t:):z5"": "" 'J!! Op 11)p. ..., ""lIlIlIllIlff o~ GRANTEE: ÍÏ~'ðP~RlDW{~~ Of MER¡;;;~"", ------------"" & oI\POIi,.¡l: ~ '\ g ~o \ Approved By City Council On; Easement Agreement Page 2 EAS~SWR-~ \~ age.oL.J>t...::.J- STATE OF IDAHO, ) : ss. 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} """""""" ,..." :\,CE L. S ~, ~. r:.~ .......:.1,/ ~~ ~.... ".~~ i ~OTA." ,:.. "\ . * "".,.--'. : : -.- t * :: \ \ J>(¡BL\C j i \ <p.;. ... ... ¡ .~ <1 »'.........' ~o .,~ """~ úf 1'0 ~...., ..,........., .~ 1i Y PUßUC f".OR mAÞIO ES INGAT: fI/Ie;/tlhlrt COMMISSION EXPIRES: ~/,).Ø1¡j7 I page..S-ot.5.... 'j",- ID] 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 "agelLoL5- '"Ù ~t4 ~I MELVIN R. & NOMA E. SCHRAMMECK 81 TRUST (/)1 32 5 "' ~ '" <'oJ ]<1 . I +-~I~ . '" g '" (f) S 5 BEARING N 70.39'43" E S 19.20'17" E 0 80 20 40 CHORD 40.31' 40.31' I SCALE IN FEET I" = 40' HARRY L. & FRANCES C. BRYSON N. t EXHIBIT "E" CITY OF MERIDIAN SEWER LINE EASEMENT EXHIBIT FOR REDFEA THER SUBDIVISION . Q Q ,.., i-i .- í 15 I ~ l' :;' ~