Sanitary Sewer Easement with Stubblefield Development Company for Ten Mile Creek
•Twnv cE{r]ER EASEMENT
da of ~~ , 1990, between
THIS INDENTURE, made this ~ ~ Y
Stubblefield Development Company, the parties of the fir part, and hereinafter
called the Grantors, and the City of Meridian, Ada County, Idaho, the party of
thesecond 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 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 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 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 Northeaster-
ly of and 15.00 feet Southwesterly 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 said SW 1/4 of the NE 1/4 to a point, also said
point being the REAL POINT OF BEGINNING; 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 Southerly boundary of the NW 1/4 of said SW 1/4 of the NE
1/4, 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.
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 parties hereto,
that-the-grantee will timely complete the work of laying the sanitary seweriine
and restoring the premises used therefor to a condition comparable with that
existing prior to exercising this easement; 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.
THE GRANTORS hereby covenant and agree that they will not place or allow to
be placed any permanent structures on the area described for this easement which
SANITARY SEWER EASEMENT, Page 1
would interfere with the use of said described easement for the purposes stated
herein.
IT IS HEREBY FURTHER AGREED that the Grantors do hereby give and grant to
the Grantee the right of vas 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 Southwest-
erly of and adjacent to the above-described permanent easement.
IT IS UNDERSTOOD that the strip of land described in the previous paragraph
is for the purpose of constructing said newer line herein described, the same to
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 construc-
tion of such sewer line.
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 persona whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto
subscribed their signatures the day and year first hereinabove written.
STUBBLEFIELD DEVELOPMENT COMPANY 9 0 ~! 9 3 9 6
-,
/ N~ ~ ~ ~~ ADA i;r - AF`
i r~ j ~~' ~j rz~~~~ ti~p~ ~
STATE OF IDAHO )
)ss
County of Q Q~ )
On thiso~ day of ~U~~
signed, a Notary Public in and f r sai
~rno(Q Sfi~hdle {rtld
me to be the ldi-tsider{f-'
of Stubblefield Development
agreement, whose names are
acknowledged to me that they
' S0 SEP 12 1 i`i 2 41
BY - --~~~
in the year 1990, befo me, the under-
d State, personally appeared
_ and , known to
_ and respectively,
Company, the corporation which executed this
subscribed to the foregoing instrument, and
executed the same on behalf of such corporation.
ZN WITNESS WHEREOF, Z have hereunto set my hand and affixed my official seal
the day and year first above written.
q r Y - NO ARY PUBLIC 'or ,Idaho
-~ Ua3~Y., .x,
" ~ °°° Residing at
=, ~f'•°•, ••^ 4a Commission Expires: 27 Z-
,,, qT~ O~ Wp,,. `
SANITARY SEWER EASEMENT, Page 2