Sanitary Sewer Easement with Estate of Philip Lorcher, deceased for Ten Mile Creek:.
SANITARY SEWER EASEMENT
THIS INDENTURE, made this ~~day of ,
1990, by and between the Estate of Philip G. Lorcher, deceased,
an Estate of the Fourth Judicial District Court, Ada County,
Idaho, Case No. 3P-13526, Joseph P. Lorcher and Mathew B.
Lorcher co-personal representatives, the party of the first
part, and hereafter called the Grantor, and the City of
Meridian, Ada County, Idaho, the party of the second part, and
hereafter called the Grantee;
W I T N E S S E T H:
WHEREAS, the Grantor desires to provide a sanitary sewer
right-of-way across the premises and property hereafter
particularly bounded and described; and
WHEREAS, the sanitary sewer is to be provided for through
an underground pipeline to be constructed by the Grantee; 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
AMBPOBE,
FITZGEflALD
bCBOOKSTON
Atlorneye en0
Counseloro
P.O. Boz l21
MerlElen, IEe~o
89BCP
TalapNOne BBBJKI
received by the Grantor, and other good and valuable
consideration, including mesne profits, the Grantor does hereby
give, grant and convey unto the Grantee the right-of-way for an
easement for the construction, operation and maintenance of a
sewer line over and across the following described property:
A parcel of land 20.00 feet in width lying 5.00 feet
Northeasterly and Easterly of and 15.00 feet
Southwesterly and Westerly of and parallel with the
following described line: Beginning at an iron pin
marking the Southwest corner of the SW 1/4 of the NE
1/4 of Section 13, T.3N., R.1W., B.M., Ada County,
Idaho; thence North 00° 30'44" East 787.70 feet along
the Westerly boundary of the SW 1/4 of the NE 1/4 to a
point; thence South 59°46'16" East 27.85 feet to a
point; thence South 62°29'28" East 245.70 feet to a
point on the Northerly boundary of the SW 1/4 of said
SW 1/4 of the NE 1/4, Section 13, also said point
being the REAL POINT OF BEGINNING; thence continuing
South 62°29'28" East 447.73 feet to a point; thence
South 00°24'44" West 434.44 feet to a point on the
Northerly right-of-way line of Waltman Lane, also said
point being the POINT OF ENDING of the above described
permanent easement.
The easement hereby granted is for the purpose of
construction and operation of a sanitary sewer line and allied
facilities, together with their maintenance, repair and
replacement at the convenience of the Grantee, with the free
right of access to such facilities at any and all times. If
access to the pipeline is necessary during a crop growing period
the Grantor shall be reimbursed for loss of crop revenues as
determined by the then market value of the damaged crop.
TO HAVE AND TO HOLD, the said easement and right-of-way
unto the said Grantee, its successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the
AMRROSE,
FIT2GERALO
B CROOKSTON
Attorneys and
Coun®elon
R.o.eo.azT
Matldian, IEano
a~sez
roiaonona eeea/ei
parties hereto, that the Grantee will timely complete the work
of laying the sanitary sewer line and restoring the premises
used therefor to a condition comparable with that existing prior
to exercising this easement however, it being understood and
agreed that Grantee shall not commence initial construction
until after October 15, 1990; that, in making future repairs,
the Grantee will expediently replace and restore the premises to
a condition comparable to that existent prior to undertaking
such repairs and replacements.
Exception: If in making future repairs during crop growing
season the Grantor shall be compensated for loss of crops as
described above, the Grantee shall not be required to replace
the plants so damaged.
THE GRANTOR hereby covenants and agrees that it will not
place or allow to be placed any permanent structures on the area
described for this easement which would interfere with the use
of said described easement for the purposes stated herein.
IT I5 HEREBY FURTHER AGREED that the Grantor does hereby
give and grant to the Grantee the right of use during initial
construction a temporary construction easement over a strip of
land described as follows:
A parcel of land 35.00 feet in width lying 15.00 feet
Southwesterly and Westerly of and adjacent to the
above-described permanent easement.
IT IS UNDERSTOOD that the temporary easement for the use of
the strip of land described in the immediate previous paragraph
is for the purpose of constructing said sewer line herein
described, the temporary easement shall expire when the initial
construction is completed.
IT IS UNDERSTOOD AND AGREED that the Grantee will restore
said strip to a condition comparable to that existent prior to
the undertaking of the construction of such sewer line.
THE GRANTOR does hereby covenant with the Grantee that it
AMBROSE,
FITZG ERALD
B CROOKSTON
Attomeya end
Counaeloro
P.O. Box 127
McHdlan, Idano
83862
Taleonone BBb668t
described tract of land, and that it has a good and lawful right
is lawfully seized and possessed of the aforementioned and
to convey said easement, and that it will warrant and forever
defend the title and quiet possession thereof against the lawful
claims of all persons whomsoever.
IT WITNESS WHEREOF, the said party of the first part has
AM BROSE,
FITZGERALD
B CROOKSTON
Attornaya end
Cquneelore
P.O. BOe 8Y7
Merldlen, Ideeo
83882
TelePBOne 88Ne81
hereunto subscribed their signatures the day and year first
hereinabove written.
ESTATE OF PHILIP G. LORCHER
BY• 1
OSE P. LORCHER
STATE OF IDAHO,)
County of Ada, )
sse
BY:_~%[~~~~
MATHEW B. LORCHER
On this ~_~y of C~~~Ey P b a 1990, before me,
the undersigned, a Notary u is in an for said State,
personally appeared JOSEPH P. LOCHER, personal representative of
the Estate of Philip G. Lorcher, known or identified to me to be
the personal representative of the estate of Philip G. Lorcher,
and whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same as personal
representative.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal, the day and year in this certificate first
above written.
s ', ,- .
GSEAL) OTARY P C FOR I AHO
RESIOI
~~~
S TAT E O F Gfl-L~f-{}R~-h11, )
GEC/l s s .
County of Q !t/ , )
On this day of 1990, before me,
the undersi ned, a No ary u is in an for said State,
personally appeared MATHEW B. LOCHER, personal representative of
the Estate of Philip G. Lorcher, known or identified to me to be
the personal representative of the estate of Philip G. Lorcher,
and whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same as personal
representative.
IN`WITNESS WHEREOF,
my official seal, the
above written.
i (SEAL)
I have hereunto set my hand and affixed
day and year in this certificate first
RESIDING
50~i939'`7
AMRROSE,
FITZGERALD
S CROOKSTON
Atlomeye Ntl
Counaelore
P.O. BoM X21
Merltllen, ItlNo
&YBA1
TalePlrone BB6U81
F t. .
' ~ u v ~. l' ,~ L,
i 1~
oY
P A Y E E DETACH THIS STATEMENT BEFORE DEPOSITING CHECK
CITY OE MERIDIAN, MERIDIAN, IDAHO
DATE
~ ACCOUNT OR
INVOICE NO.
DESCRIPTION
AMOUNT
DISCOUNT OR
DEDUCTION
NET AMOUNT
8-28-90 25-435- Crop damage-Ten Mile Sewer Line Ext.
-- -- ---- --- - -- - --- - - 1 ,000.00
EMPLOYEES
NAME
FyIY PERIOD
-ENDING HOURS RATE GROSS
EARN NET
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TAX TAX PAIU
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c~. ~ yr r~urc tnPtN INGS AND DEDUCTIONS FOR PERIOD INDICATED. KEEP THIS FOR YOUR PERMANENT RECORD.