Sanitary Sewer Easement with Stubblefield Construction Company for Five Mile Relief Sewer
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AO--.kC~TY RECORDER ~
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SANITARY SEWER EASEMENT
f"1' c?v/y
THIS INDENTURE, made this '] - day of JIme, 2000, between Stubblefield
Construction Company, 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 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 "An 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, replacement, and connections at the convenience of the
Grantee, with the free right of access to such facilities at any and all times.
The temporarv 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 or
connections, will expediently replace and restore the premises to a condition
comparable to that existent prior to undertaking such construction, repairs and
replacement. However, the Grantee will not be responsible for repairing,
replacing or restoring any permanent structures, large trees or brush placed
within the area described in this easement. However, the Grantee shall protect,
repair, or restore the existing irrigation pump station building and related
SANITARY SEWER EASEMENT, Page 1 of 3
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appurtenances adjoining Easement #1, to a condition comparable to that
existent prior to construction and/or future repairs of the pipeline. The Grantee
also agrees to place a gravel access road over the permanent easement area
parallel to the 5-mile drain. The concrete lined irrigation ditch adjacent to
Easement #2, shall be protected or replaced in kind, if damaged due to initial
construction of the pipeline. Grantee shall coordinate construction of the pipeline
with Grantor as related to future improvements, namely fencing, to be
constructed by the Grantor adjacent to Easement #1.
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 parties have hereunto subscribed their signatures
the day and year first hereinabove written.
CITY OF MERIDIAN
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ATTEST:
SANITARY SEWER EASEMENT, Page 2 of 3
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STATE OF IDAHO)
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County of Ada )
On this 3r:1 day of Ju.l..u - ,2000, before me, thr unde~\9n~9' a /J' I
Notary Public in and for s~ersonally appeared \JT'1Vv1 Jj¡Joot ah...eLcl
, known or identified to me to be the Vice
President of the corporation that executed the within instrument, and
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
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NOTARY PUBLIC FOR IDAHO
Commission Expires: 8'-3--0.5'
SANITARY SEWER EASEMENT, Page 3 of 3
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Planners
5 Mile Relief SeWer (1.1616-03)
May 12, 2000
512021100306 ,
, Stubblefield Construction
CITY OF MERIDIAN
EXHIBIT "A"
TWO PERMANENT SANITARY SEWER EASEMENTS
LAND SITUATED IN ADA COUNTY
A strip oHand located in a portion of .Government Lot 1 of.Section 2, T.3N., R.1W;,
B.M., Ada County,ldaho, for the purposeofa 32-foot wide permanent sanitary s~wer
easement lying 20 feet Southwesterly and 12 feet Northeasterly of the following described
line;
EASEMENT #1
Commencing .atan iron pin marking the Nòrtheast corner of Section 2, T.3N., R.1W;,
B.M., Ada County, Idaho; thence Nor:th 89°14'54" West, 424.70 feet é\long the Northerly
boundary of said Section 2 to a point; thence leaving said Northerly boundary South 00045'OIi"
West, 25.00 feet to the REAL POINT OF BEGINNING OF EASEMENT#1;
thence South 33°43'07" East, 18.26 feet to a point heœin referred to é\S Point "A";
thence continuing South 33°43'07" East, 199.55 feet to a point;
thence South 34°57'33" Eé\st, 469.95 feetto,a point herein referred to as Point "B";
thence continuing South34~57~33nEast, 8.01 feetto the point of terminus of this
description;. .
The sidelines of said strip to be lengthened or shortened to terminate at tile Southerly
right-pf:way of Ustick Road and at right angle~ to the point of terminus.
END OF DESCRIPTION
TOGETHERWITH:
A 12-foot wide temporary construction easement of Which the Northeasterly line lies
coincident with the Southwe~terly line of the above-described permanent sanitary sewer
easement, beginning atthe aforementioned PO¡ot "A" to the terminus of said easement;
Sidelines to be lengthened or shortened to match the .beginning an¡:j terminus of this
description. '
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Engineers
Surveyors
Planners
5 Mile Relief Sewer
May 12, 2000
page'2
EASEMENT #2
A 20,footwide permanent sanitaty sewer easement lying 10,00 feet on each side of
the following described line; ,
Beginning at the aforementioned Point "B";
thence South 00°01' 1 on East, 779.97feet on a line parallel with the Easterly boundary
of Section 2, to a poUlt on the Northerly boundary of Turtle Creek Subdiv.ision No. .1 as filed in
Book 7.8 at page. 8226, Records of Ada County. Said point being the terminus oUhis
description. '
The sidelines ofs.aid easement to be lengthened or shorten~d to terminate at
intersections with the sidelines of the above-described Easement .#1 arid at Turtle Creek
Subdivision NO.1; .
END OF DESCRIPTION
TOGETHER WITH:
A 20-foot wide temptlrary constructitln.easement of whid) the. Easterly line lies
coincident with the Westerly line of the above~describedeasement '
Sidelines to be lengthened or shortened to match the b~ginning and terminus of this
description. .
END OF DESCRIPTION
J~U-B ENGINEERS, Inc.
LHK:lhe
Lawrenc;e H. Koerner, P.LS.
F:lprojettsl11616ladminlstubblefield perm sanitary sewer.easement.doc
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POINT "A" -
USTICK-RD~R4'S4"w-
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SCALE. 1.=100'
LEGEND
~ TEMPORARY CaNST EASEMENT
PERMENENT SEWER EASEMENT
elL 5 MILE DRAIN
CIL EASEMENT LINE
EXISTING RIGHT-OF-WAY
- - - - - - FIVE MILE CREEK EASEMENT
CITY OF MERIDIAN
MERIDIAN 5 MILE RELIEF SE\v'ER EASEMENTS
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POINT OF TERMINUS
EASEMENT '2
DRAIo'N BY, LH.K,
CJ('D BY' ST AFF
5
'LEGAL, A PORTION or GOV LOT I SECTION I JDB NO. 11616-03
2. T.3N., R,IV.. 8,M.. ADA COUNTY. IDAHO 1 1
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