Sanitary Sewer Easement with Naomi Farms, LP for Black Cat Lift Station
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ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 8
BOISE IDAHO 08/24/06 01:51 PM
DEPUTY Palli Thompson 1111111111111111111111111111111111111
RECORDED - REQUEST OF 106137044
City 01 Meridian
This sheet has been added to document
to accommodate recording information
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I SANITARY SEWER EASMENT -
N BLACK CAT SEWER &
LIFT STATION
NAOMI FARMS LP
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SANITARY SEWER EASEMENT
THIS INDENTURE, effective this t day ofC\ ,,(\ IJ- , 2006, by the undersigned
Naomi Farms LP, who maintains a mailing addres~. Ustick Road. Meridian,lD
83642, hereafter referred to as "GRANTOR" for the benefit of the City of Meridian, a
municipal corporation of the State of Idaho that maintains a mailing address of 33 East
Idaho Street, Meridian, Idaho 83642, hereafter referred to as "CITY".
WITNESSETH:
WHEREAS, the Grantor desires 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 CITY;
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 pipeline over and across the following described property:
(SEE ATTACHED EXHIBITS A-1, A-1.1, B-1, and B-1.1)
The permanent easement hereby granted is for the purpose of construction and
operation of a sanitary sewer pipeline 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 pipeline 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.
Page 1 of 3
SANITARY SEWER EASEMENT
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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.
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Gr tor: Na6'mi Farms LP
By: Jean Johnson, Managing Partner
STATE OF IDAHO)
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County of Ada )
On this / day of II-u~f , 2006, before me l ,
personally appeared Jeah' Johnson, proved to me on the lJ sis satisfactory
evidence to be the persons whose names is subscribed to the within instrument,
and acknowledged that they executed t,he sa~e. .... e-
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SANITARY SEWER EASEMENT
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STATE OF IDAHO, )
: 55.
County of Ada )
On this 1 !fh day of AUl~S:-k ,2006, before me, the
undersigned, a Notary Public in and for said State, personally 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.
(SEAL)
<8lflOv 1~~&r~f--J
NOTARY PUBLIC FOR IDAHO
RESIDING AT: ""Yru/JJC--> Jd
MY COMMISSION EXPI RES: I {) ~ I S- - II
SANITARY SEWER EASEMENT
Page 3 of 3
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Project: 10-05-026
Date: June 9,2006
EXHIBIT A-l
PARCEL DESCRIPTION
PERMANENT EASEMENT
That portion of the Southwest y.. of Section 34, Township 4 North, Range 1 West, Boise
Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly
described as follows:
BEGINNING at the Center 14 corner of said Section 34, from which the West 1,4 corner
bears North 89015'04" West, 2,641.31 feet;
thence along the Easterly boundary line of Southwest 1,4 of said Section 34,
South 00043'45" West, 32.39 feet;
thence North 44030'37" West, 46.02 feet to the Northerly boundary line of said
Southwest ~ of Section 34;
thence along said Northerly boundary South 89015'04" East, 32.68 feet to the POINT
OF BEGINNING.
Containing 0.012 acres, more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS. Inc.
Ronald M. Hodge, P.L.S.
RMH:lhc
P:\PHK\10.05.026-Meridian North Black Cat\Admin\Descriptions\NAOMI-PERM.doc
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SEC. 34
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NAOMI FARMS LP
PERMANENT EASEMENT
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Project: 10-05-026
Date: June 9, 2006
EXHIBIT B-1
PARCEL DESCRIPTION
TEMPORARY EASEMENT
That portion of the Southwest 1,4 of Section 34, Township 4 North, Range 1 West, Boise
Merfdian, Ada County, Idaho, as shown on the attached exhibit, and more particularly
described as follows:
Commencing at the Center 1,4 comer of said Section 34, from which the West 1,4
corner bears North 89015'04" West, 2,641.31 feet; thence along the Easterly boundary line of
the Southwest ~ of Section 34, South 00.43'45" West, 32.39 feet to the POINT OF BEGINNING;
thence continuing along said Easterly boundary line, South 00.43'45" West,
42.25 feet;
thence North 44.30'37" West, 106.04 feet to the NortherLy boundary line of said
Southwest ~ of Section 34;
thence along said Northerly boundary line South 89015'04" East, 42.62 feet;
thence South 44.30'37" East, 46.02 feet to the POINT OF BEGINNING.
Containing 0.052 acres, more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc.
Ronald M. Hodge, P.L.S.
RMH: lhe
P :\PHK\ 1 0-05-026-Merlaian North Black Cat\Admin\Descriptions\NAOMI- TEMP .doc
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SEC. 34
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NAOMI FARMS LP
TEMPORARY CONSTRUCTION EASEMENT
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