Sanitary Sewer Easement with Joint School District No. 2 for Meridian School District
THIS INDENTURE, effective this 13th day of December, 200§, by the undersigned
Meridian Joint School District No.2., who maintains a mailing address of 36 E. Pine
Avenue, Meridian, ID 83642, hereafter referred to as "GRANTOR" for the benefit ofthe City
of Meridian, a municipal corporation öfthe State of Idaho that maintains a mailing address
of 33 East Idaho Street, Meridian, Idaho 83642, hereafter referred to as "CITY".
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WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the ffi <=> § C>
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premises and property hereinafter particularly bounded and described; and ~ ~ Ë"fa
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WHEREAS, the sanitary sewer is to be provided for through an underground ¡::; ~ ~! ~
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pipeline to be constructed by others; and i5 e >- CI ::;:
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WHEREAS, it will be necessary to maintain and service said pipeline from time to ....c "'" CI ø:: ~ .
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SANITARY SEWER EASEMENT
WITNESSETH:
NOW, THEREFORE, in consideration ofthe benefits to be received by the Grantor,
and other good and valuable consideration, the Grantor does hereby give, grant
and convey unto the CITY 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 A-1, A-2 and B-1, B-2)
The permanent easement hereby granted is for the purpose of construction and
operation of a sanitary sewer line and allied facilities, together with maintenance,
repair and replacement at the convenience of the CITY, 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 permanent easement and right-of-way unto the
said CITY, its successors and assigns forever.
1. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between
the parties hereto, that the CITY, 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. However, the CITY will not be
responsible for repairing, replacing or restoring any permanent
structures, large trees or brush placed within the area described in
this permanent easement.
SANITARY SEWER EASEMENT, Page 1 of 3
2. HOLD HARMLESS, In consideration of allowing Grantee to perform
work on and/or operate within the said described parcel, Grantee
expressly agrees to indemnify, save and hold harmless Grantor, it's
successors and assigns, against any and all claims, suits, demands,
actions, debts, injuries to persons, and damages to property,
damages, costs, charges, and expenses, including all court cost and
attorneys fee, and against any and all liability, losses and damages of
any nature whatsoever, the "Damages" that Grantor shall or may at
any time sustain or be put to by reason or as a result of Grantee
performing, working on and/or operating within the here in above
described parcel; provided that the damages are not caused by the
negligence or other breach of legal duty by Grantor.
THE GRANTOR(S) do 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 GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized
and possessed of the aforementioned and described tract of land, and that he has a
good and lawful right to convey said easement, and that he 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.
cf{)¿(
Grantor
Meridian Joint School District No.2
By: Dr. Linda Clark, Superintendent
STATE OF IDAHO)
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County of Ada)
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On this ..<3~ day of -!ð..Vl-\A.A.t' 4-, 2005, before me :ptlf.,r ido.... A. 'b1..Ut\q;Lv\ ,
personally appeared L.i ~o.. r..-(tl¥~ , proved to me on the
basis of satisfactory evidence to be the persons whose names is subscribed to the
within iMku~ent, and acknowledged that they executed the same.
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SANI~ IlôENT, Page 2 of 3
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Beneficiary: CITY OF MERIDIAN
SANITARY SEWER EASEMENT, Page 3 of 3
STATE OF IDAHO,
: ss.
County of Ada )
On this~day of ~\M \\J- ' 20~ before me, the
undersigned, a Notary Public in and for said State, p~sonally appeared TAMMY DE
WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk,
respectively, of the City of Meridian, Idaho, and who executed the within instrument, and
acknowledged to me that the City of Meridian 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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EXHIBIT A-1
Project:
Grantor.
Parcel No:
Date:
11873
Meridian Jo1nt School Dfstrict No.2
51210142040
November 9, 2005
PARCEL DESCRIPTION
PERMANENT SEWER EASEMENT
That POrtion of the Southeast ~ of the Northeast J4 of Section 10, Township 3 North,
Range 1 West, Boise Mericlfan, Ada County, Idaho, as shown on the attached exhibit, and
more particularly described as follows:
Commencing at the East % comer of Section 10; thence along the Southerly boundary
of the Southeast ~ of the Northeast * of said section, North 89*11'03- West, 1,327.73 feet;
thence along the Westerly boundary of the Southeast J4 of the Northeast J4 of Section 10,
North 00' 28'47 East, 666.68 feet to the POINT OF BEGINNING;
thence continuing along said boundary, North 00*28'-47" East. 35.79 feet;
thence South 45'00'00" East, 74.06 feet to the center line of the Ten Mile Stub Dratn;
thence along said center line, North 85°OS'SO" West, 39.62 feet;
thence North 45°00'00. West, 18.66 feet to the POINT OF BEGINNING.
Containing 0.027 acres, more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc.
Ronald M. Hodge, P.LS.
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EXHIBIT B-1
Project:
Grantor:
Parcel No:
Date:
11873
Meridian Joint Schooi District No.2
51210142040
November 9, 2005
PARCEL DESCRIPTION
TEMPORARY CONSTRUcnON EASEMENT
That portion of the Southeast Ui of the Northeast % of Section 10. Township 3 North,
Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and
more particularly described as fO(lows:
Commencing at the East Ut comer of Section 10; thence along the Southerly boundary
of the Southeast % of the Northeast % of said section, North 89 °11 '03. West, 1,327.73 feet;
thence along the Westerly boundary of the Southeast % of the Northeast % of Section 10,
North 00°28'47' East, 683.14 feet to the POINT OF BEGINNING;
thence continuing along said boundary, North ooo2S'4T East, 100.00 feet;
thence North 89°40'19" East, 100.00 feet:
thence South OO"28"4T West, 100.00 feet;
thence South 89° 40'19" West, 100.00 feet to the POINT OF BEGINNING.
Containing 0.230 acres, more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc.
Ronald M. Hodge, P.LS.
RMH/llK:lhc
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EXHIBIT B.2
MERIDIAN H DISTRICT NO.2
TEMPORARY CONSTRUCTION EASEMENT
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City of Meridian
33 East Idaho Street, Meridian, ill 83642
PERMANENT AND TEMPORARY EASEMENT CONTRACT
Project # and Description:
Parcel # and Owner:
Date of Offer:
11873 Black Cat Sewer Project
S121O142040 Meridian Joint School District No. 2
December 13. 2005
THIS RIGHT-OF-WAY CONTRACT, made this 19th day of January 2006, between the City of Meridian, acting by its
Mayor and Council, herein called "CITY" and Meridian Joint School District No.2, herein called "GRANTOR".
WHEREAS, subject to the terms outlined below, GRANTOR agrees to deliver to the CITY a Permanent Sanitary Sewer
Easement and Temporary Construction Easement included herewith as Exhibits A-I, A-2, B-1, & B-2:
NOW THEREFORE, the parties hereto agree as follows:
I. The City shall notify the Grantor at least 14 days prior to the commencement of work on the site.
2. The City shall promptly replant any disturbed areas of grass with sod.
3-
The City shall work with the Grantor to repair and replace any sprinklers damaged during construction.
4,
This Contract shall not be binding unless and until executed by the Mayor and/or their authorized representatives. The
parties have herein set out the whole of their agreement, the performance of which constitutes the entire consideration
for the granting of said easement and shall relieve the CITY of all further claims or obligations on that account or on
account of the location, grade, construction and maintenance ofthe proposed sanitary sewer line.
5,
The term of the temporary easement shall expire when the construction contract terminates.
5. The parties whose names appear below as Grantors, covenant and warrant that they are the OWNERS of the
property to which this document applies, are fully authorized to execute this docwnent and forever bind themselves,
their successors and assigns and the subject property to the tenus set forth herein.
IN WITNESS WEREOF, the parties have executed this contract the day and year first above written.
CITYOFMERIDIAN\, .';"1 GRANTORS
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By é,.(jt'POf'f"" ~ ,.' /;. "
Tammy erd, Mayor g ~- .,t. '\'MeridianJOint School District No. 2
= \ Dr. Linda Clark, Superintendent
Date: ~ - -tl6 W' B~~A-L, ,~J -
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Date approved by Council: <Ltc (v.JA.(y I, wd . 1
ATTEST'
1- .2 ..3 -O~
1/23/2006