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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". en - ¡¡¡¡¡¡ - iii8 - <=> == <=> - . -00 ~ ~os. z - N :::) - 00 ~ _N ....: -os. -0.£) -=GJ =- - - 0 -= ~ -- ::: ~ c = :z: - c >:E ....: D... Cu::> ~ Ie """';"': IL.. WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the ffi <=> § C> cu::>-t- premises and property hereinafter particularly bounded and described; and ~ ~ Ë"fa C3NC>:::) ~Ñt=ßo:: WHEREAS, the sanitary sewer is to be provided for through an underground ¡::; ~ ~! ~ Z...c ....", pipeline to be constructed by others; and i5 e >- CI ::;: C3....!3~õ ~~::;ߣ: WHEREAS, it will be necessary to maintain and service said pipeline from time to ....c "'" CI ø:: ~ . time by the CITY; ,----.--' 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) ) ss County of Ada) b 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. ,,""~~~ A. 06", 12+1 -' . /J ~ I ~ ~ IS! 'f Mu~ V . ~cu-..- i ~ OT.&" %\ NOTARY PUBLIC FOR IDAHO S Q,; 'fi ~ ,... - Þ" ': . = = * -.- * : \ ÞI1B\.\c, j My Commission Expires on 3-;),7-07 SANI~ IlôENT, Page 2 of 3 ~"'" 'I! OF \'0 """, .",.......,." 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. ........ ..:\.ß A .. ~.. j.....---..:.. O~... . "OT"" . . '..!.. ~"" . .,~ ... (SEAl;) ,/ A'~~ . : ' : . I I . . , : . ~ " , . .d}'\~ ,I: .;:"'" .. , . ..:1~.. ¡Ç..~,'.. . :~. "'" ....- . .... OF IO ... ........ 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. RMH /TLK: lhc \ \8oisefitdNJl1c\P 111 jectManqers\PH K\ 1 1 873-etack Cat\Admin\~ ttons\ 11873MeridianSchoolDi!;t. Perm .dot I " I' , ~I '~i':&. vi I ~~%.. .., I "< ~I , i' " 01 , z, ~~ ,q,. P.o.ø.~" " ~~ ~ '" -~, , . , -~ - - - , .. NS-;'¡;¡;W---- "- lID --<lIT 39.62' - ~ æ lID N I I I I ;1 0 õiI: 20 10 d 20 SCALE: 1 "=20' 40 SE 1/4 ME 1/4 SEÇ, 10 N8911'03.W 1327.73" ~B) ~ ",--0 0.2 SHEEr 1 OF 1 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 \\Boisefiles\PubLit\ProjectManagers\PHK\ 11873.Blac:k Cat\Admin\Desc:riptions\ 11873MeridianSc:hooLDist, Temp.doc I I NW4O'19"E 100.00" r-------------------------' I [ I I I I I J I I I I I I 'b I I f! I I '8 g . -, I~ I I I I I I I I I [ !oJ I I ~ I [~ ~ I 11; M ~ %1 I~ I I ¡;¡ I I I I I I I I I P.o.B. ~ - - - - - - - S88"4Ct1""- - - - - - -;-';;:-..;.- - - - - - - ..J ~ I'i :g N. 1&.1 ¡ ~ ,-=10. 4b SCALE: SE 1/4 NE 1/4 SEe. 10 N89"11'OJ-W 1327.73' -_.-~'.L." -- ---- ""_"__8111õ-"'" -..,... =-~.:.::'..::=:=:-. ....,...,.,.. -..--- ..... -"'- "" (""Jij.B ~ ~ EXHIBIT B.2 MERIDIAN H DISTRICT NO.2 TEMPORARY CONSTRUCTION EASEMENT flEET 1 --0 OF 1 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 -~ \\\\' -- '... ~"'...\ -0( or- .)~.~¡... .,.>~ d2.. - , =' ~, ~ Á 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 - ,..;' '. ',"" Ç)~. ì1t'_.f ,$qa1e: . B J C. CI k '.. .~-- ". ,...' Jam erg, r., tty er'-::'f- "'UIUN1'" " " .-:.;.' ~ ~,~ lIlt."" uti ~. Date approved by Council: <Ltc (v.JA.(y I, wd . 1 ATTEST' 1- .2 ..3 -O~ 1/23/2006