Permanent and Temporary Sanitary Sewer Easement Agreement with Peterson, Doran and Ellen S. for Slough Intercepter,. r
PERMANENT AND TEMPORARY SANITARY SEWER EASEMENT
THIS INDENTURE, made this -day of X1992, between Doran
Peterson and Ellen Peterson, the parties of the first par nd hereinafter called the
Grantors, and the City of Meridian, Ada Counn~. Idaho. the party of the second part,
and hereinafter called the Grantee:
WITNESSETH:
WHEREAS, the Grantors desire to provide a sanitarv 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 he 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 an easement for the construction, operation and
maintenance of a sewer line over and across the property as described in the attached
permanent easement description.
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 tree 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 sewer line
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 he placed any permanent structures, trees, shrubbery, or any items other than grass
or similar ground cover on the area described for the permanent easement which would
interfere, with the use of said described easement for the purposes stated herein.
Sanitary Sewer Easement - Page l of 4
C
IT [S FC RTHER AGREED that if permanent structures, trees, shrubbery, or any other
item are placed on the easement the cost of removal to make necessary repairs or
maintenance of the easement or the sewer line shall be the expense of the Grantor
and Grantor hereby agrees to indemnify and hold harmless Grantee from any cost,
expense. or liability. in removing any permanent or non-permanent structures, trees, or
shrubbery placed in or on the easement.
[T [S HEREBY FURTHER AGREED that the Grantors do hereby give and
grant to the Grantee the right of use during initial construction a temporary construction
easement over a strip of land as described in the attached temporary easement
description.
IT IS UNDERSTOOD that the temporary easement described in the temporary
easement description is for the purpose of construction of said sewer line herein
described, the same to expire on February 28, 1993.
[T IS UNDERSTOOD AND AGREED that the Grantee will restore the
easements. temporary and permanent to a condition comparable to that existent prior to
the undertaking of the construction 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 ]and, 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
persons whomsoever. This grant of easement shall run with the land and shall be
binding on the heirs, executors, and assigns of the Grantors.
[N WITNESS WHEREOF. the said parties of the first part have hereunto
subscribed their signatures the day and year first hereinabove written.
~~
Doran Peterson
~r~ J~LG~f 0
G t Kings or , Ma or
Ellen Peterson
Sanitary Sewer Easement - Page ~ of 4
STATE OF IDAHO )
~SS
County of Ada )
On this ~~%day of q m the year 1992, before me, the undersigned,
a Notary Public m and for said S .personally appeared Doran Peterson and Ellen
Peterson, known to me to be the persons whose names are subscribed to the foregoing
instrument, and acknowledged to me that they executed the same.
[N WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
,~ ~~P~V°° D "°s~~i~ '- N ARY L L[C for Idaho
~ ~> a. ~.
_ ~~pTA,R~ °Q -; Residing at
° s
Commission Expires !0
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STATE OF IDAHO )
:ss.
COUNTY OF ADA )
On this.3n' day of /~/Q~k in the year 1992, before me, the undersigned,
a Notary Public in and for said State, personally appeared Q2ANT P. KINGSFORD
and JACK NIEMANN, Mayor and City Clerk of the City of Meridian, known to me to be
the persons whose names are subscribed to the foregoing instrument, and acknow-
ledged to me that they executed the same in their respective capacities as Mayor
and City Clerk.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year first above written.
' ,,~o~unu~~~q
$EAL ~~~,``Q~~~ D~sa~~~~•
~~ ~~" 5 =. NOTARY PtfB
_* iAUB `~~, ~ ~ ~ Residing a
S Commission
:: ---~f~TE~~O ~,:
Sanitary Sewer Easement -Page 3 of =I
(Easement Description Attached as Page 4 of ~3)
e_ 2
Rev. 1 /14/92
20' PERMANENT SEWER EASEMENTS AND
100' TEMPORARY SEWER CONSTRUCTION EASEMENTS
PARCEL #S'1201 ~ 4'1807
PETERSON, DORAN & ELLEN
2455 NORTH MERIDIAN ROAD
MERIDIAN, IDAHO 83642
A PERMANENT EASEMENT SHALL BE 20 FEET WIDE (10 FEET NORTH AND 10 FEET SOUTH)
AND A TEMPORARY EASEMENT SHALL BE 100 FEET WIDE (30 FEET NORTH AND 70 FEET
SOUTH). BOTH EASEMENTS SHALL BE CONTINUOUS AND PARALLELTO THE FOLLOWING
DESCRIBED CENTERLINE SITUATED IN THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF
SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE-MERIDIAN, ADA COUNTY, IDAHO,
AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT THAT IS 814.86 FEET NORTH AND 2,562.58 FEET WEST
OF THE EAST 1/4 CORNER OF SAID SECTION 1, SAID 1/4 CORNER BEARS
S00°16'23"W A DISTANCE OF 2,658.28 FEET FROM THE NORTHEAST CORNER OF
SAID SECTION 1, SAID POINT LYING 47 FEET, MORE OR LESS, SOUTH OF
CENTERLINE OF THE SOUTH SLOUGH AND 35 FEET EAST OF THE CREASON
FEEDER, SAID POINT BEING THE REAL POINT OF BEGINNING.
THENCE S72°44'37'E FOR A DISTANCE OF 409.20 FEET TO A POINT, SAID POINT
BEING THE TERMINUS OF THIS DESCRIPTION.
Also:
A PERMANENT EASEMENT SHALL BE 20 FEEL" WIDE AND A TEMPORARY EASEMENT SHALL
BE 100 FEET WIDE. BOTH EASEMENTS SHALL BE CONTINUOUS AND PARALLEL TO THE
FOLLOWING DESCRIBED CENTERLINE SITUATED IN THE SOUTH 1/2 OF THE NORTHEAST
1 /4 OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE-MERIDIAN, ADA COUNTY,
IDAHO, AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT THAT IS 693.47 FEET NORTH AND 2,171.80 FEET WEST
OF THE EAST 1/4 CORNER OF SAID SECTION 1, SAID 1/4 CORNER BEARS
S00°16'23"W A DISTANCE OF 2,658.28 FEET FROM THE NORTHEAST CORNER OF
SAID SECTION 1, SAID POINT LYING 50.00 FEET, MORE OR LESS, SOUTH OF THE
CENTERLINE OF THE SOUTH SLOUGH, AND APPROXIMATELY 425.00 FEET EAST OF
THE CREASON FEEDER, SAID POINT BEING THE REAL POINT OF BEGINNING.
THENCE S18°29'02"W FOR A DISTANCE OF 140.00 FEET TO A POINT;
THENCE S71°58'20"E FOR A DISTANCE OF 140.00 FEET TO A POINT;
THENCE S89°20'03"E FOR A DISTANCE OF 990.00 FEET TO A POINT;
au/oas
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}
Rev. 1 /14/92
THENCE S44°10'S2'E FOR A DISTANCE OF 132.00 FEET TO A POINT;
THENCE N53°08'14°E FOR A DISTANCE OF 160.00 FEET TO A POINT;
THENCE S89°39'32"E FOR A DISTANCE OF 518.00 FEET TO A POINT;
THENCE S70°22'50"E FOR A DISTANCE OF 150.00 FEET TO A POINT;
THENCE S89°21'49°E FOR A DISTANCE OF 186.00 FEET TO A POINT, SAID POINT
BEING ON THE WEST RIGHT-OF-WAY OF MERIDIAN ROAD, SAID POINT ALSO BEING
THE TERMINUS OF THIS DESCRIPTION.
TH E TEM PORARY SEWER CONSTRUCTION EASEMENTS DESCRIBED ABOVE SHALL EXPIRE
FEBRUARY 28, 1993.
BLi/049
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