Sewer Easement with Flaten, Robert M. and Williams, Cris for Lansbury Lane SubdivisionS I,fl~tti .d~,e~P7itc~
~, ` ~ 'R~~ ~-GO ~ Mr~TS ~
~ ~xr+~g-T B RECENED
. ~ D~C2~1993
SEWER, EASIIVIII~IT
M~E~'N~61~R
THIS EASEMENT agreement is made and entered into this -~~ day of
1993, by and between ROBERT M. FLATEN ("Grantor") and
CRIS WILLIAMS, his successors and assigns ("Grantee") ,
WITNESSETH:
WHEREAS, each of the parties to this agreement is an owner of adjacent
parcels of property; and
WHEREAS, development of Grantee's property requires that a sewer system
be located on, over and across the real property of Grantor set forth and described
on Exhibit "A" attached hereto and made a part hereof by reference, and the parties
are desirous of entering into an easement agreement for the purposes of said sewer
system;
NOW, THEREFORE, for valuable consideration, the receipt and legal
sufficiency of which is hereby acknowledged, and the mutual covenants, conditions
and provisions hereinafter contained, the parties do hereby agree as follows:
1. Permanent Easement. Grantor does hereby grant, convey and confirm
unto Grantee, his successors and assigns, a right of way and permanent easement
being a strip of lan 2v T feet wide as more particularly set forth and shown
on Exhibit "B" attached het•eto and colored in red, the easement area being~D c ide
by ,c~(g,H ~S~ feet long,. to construct, reconstruct, install, maintain, replace,
operate and use said sewer system, including but not limited to all pipelines, sewer
system and appurtenances thereto, in, upon, over and across the real property
described on Exhibit "A" attached hereto .
2. Term of Easement. The right of way and easement is intended by the
parties to be a permanent perpetual right of way and easement for the purposes
described herein. Grantee's rights hereunder shall commence as of the date of this
Agreement .
SEWER EASEMENT - 1
3 . Existing Easement . The parties acknowledge that the easement granted
hereunder is located along an easement previously granted to Nampa-Meridian
Irrigation District, and that a Licensing Agreement between the City of Meridian and
Nampa-Meridian Irrigation District will be required prior to construction of the sewer
system.
4 . Grantor's Right of Use . Grantor hereby retains the right to use and
enjoy said premises, subject only to the right of Grantee to use the same for the
purposes herein expressly granted. Grantor's rights shall not interfere with the use
and occupancy of the easement by Grantee and Grantor shall not suffer, cause or
allow any improvements, structures or buildings to be located or placed upon the
premises .
5. Consideration. Grantee agrees to bear the cost of installation of the
sewer system over and across Grantor's property described on Exhibit "A." Grantee
agrees that the sewer system being constructed shall include a sewer pipe stub onto
Grantor's real property at no cost to Grantor for Grantor's future use in connecting
to said sewer system .
6 . Maintenance and Repair of Sewer System and Premises . Grantor hereby
grants and conveys to Grantee the right, privilege and authority to freely enter
upon said premises at any and all times with all machinery, tools and equipment,
vehicles and materials necessary for the purposes provided herein. Grantee shall
have the right from time to time to cut, trim and remove trees, brush and other
obstacles which may injure or interfere with Grantee's use, occupancy and enjoyment
of the easement and the operation, maintenance and repair of the sewer system.
7 . Notices . All notices required to be given shall be in writing and shall
be sent postage prepaid by United States certified mail, return receipt requested.
Notice shall be deemed given on the date shown on the return receipt. The mailing
addresses for the parties are as follows
SEWER EASEMENT - 2
Grantor: Ro ert M. Flaten
~~ i ow-~ rih~}
Grantee: Cris Williams
4185 S . Linder
Meridian, ID 83642
or at such other address as either party shall specify in writing to the other.
8. Integration. This agreement is integrated and contains the entire
agreement of the parties; no representations, inducements, promises or agreements,
oral or otherwise, not embodied herein, shall be of any force or effect upon the
execution hereof .
9. Successors and Assigns. All of the terms, provisions and conditions of
this agreement shall be binding upon the successors and assigns of the parties
hereto.
IN WITNESS WHEREOF, the parties have executed this agreement as of the day
and year first above written.
GRANTOR:
Robe M . Flaten
GRANTEE: -`
/'~
Cris Williams
SEWER EASEMENT - 3
STATE OF IDAHO )
ss.
County of Ada )
1,
On this ~ day of , 1993, before me, the undex-,,,,,,~,, -
signed, a Notary Public in and f said tate, personally appeared ROBERrrY' ,M. '~-.
FLATEN, known or identified to me to be the person whose name is subscribc~i~ to;tli~e-~-- G ~''
within instrument and acknowledged to me that he executed the same . "~;' ~ ~ - ~'•: ~ ~ -.
..
~, .
IN WITNESS WHEREOF, I have hereunto set my hand and a~cecY~y:~ ,~ ~~, ~ ` _
official seal the day and year in this certificate first above written. ~~~~.. ,~ r',~k, ,
-, '
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ti r
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I/~I ~" l
IIII~r.,~~~r'r,r,•
No ry Public for Idaho
Residing at : -~
My commission expires : '
.:' .
-: ,.- .,.
STATE OF IDAHO ) :~ w5 ;''~Y ~ ~ ' ~'i) ~'•
Count of Ada ) ss . _ ~ r ~~ -t c ,
Y ) _ r .
On this ~, , day of , 1993,. before ~tne,~ti~, uxider-
signed, aNotary Public in and for said State, personally appealed CRI~S WILLIAMS,
known or identified to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
otary Publi for Idaho
Residing at : "~;2 , ~.~0
My commission expires : ~,~~
SEWER EASEMENT - 4
~X}41a1'~ Ar
parti'of t~>a xorthaast yuarttr of Saetion 1. To^~sr.ip 3 xortn. 2araa 1 ::est
Ko~~tr•t:toist.txridiao. in ws County. Idarra. ~;,ra ;.articularly cascrisaa as
'` follors:to-r~rttz... •'• ~ •.: <
'Corumeneing'at tna;;+orthwrst`corr-er-ot tr.t iartiuiast q~urttr of Sttion 1.
~;s
t v~Totinsh.ip, 3; tlottii, Rangr 1 ikst of arcs Coise -:eridi.n; u,eace
~~South,.U'18!30` East°.1522 Prat along tht sst line of t.~ce said wrtt,aast
~:•"w ~~'1'. it- quarter.;• Ct1et-t:t
`. `500th 83'08''~East 23.2 f$st to the INITI~LrJI:c7 in u~a eentarlina if an
irrigation ditch; thsnca eearuarir2 alan3 tr.e sail centarlina
South 83'08• East 225.2ti fest; ther~ct
North 84'19'30• Ease 55.52 feat; thenca
South 75'SZ• East 74 seat; tr~cn,:e
South 61';2.30• East 210.::, Pest; ti~arsca
South 59'51 • East 2e3o.6i feet; tt~ar+ee
forth a8'~3G'30• East 63.37 fezt to a point :rricr, is 52; leer Ezst cr tre ::~st
line of sale i;dreheast quirtar; thar.Ca la;,vin8 ti~a sits c.r~torline
.°aut1~ 0'18.30• East 427 feet paral lal to tt~a solo :ast 1 i~tie w trx certerl ine
of tha drain ditch; thence dearaerirg alora the said centerl ire of tine
drain aitch
torch 59'So• hest 301.23 feat parallal to tra ttortn 1 ii~e cf trw ~soresais
tortheast quarter; tt~lnCa
North 73'SZ••t,r<st 623.21 feet w a yoint 25 feet cast of tr,e said Wa:.t
line; therGr
forth O'la'30• Vest 282.:3 foot ;oral lal to tr.: said :Kst 1 ine w trx I::ITI:.L
WIIlT.
EXHIBIT "B"
,:
SANITARY SEWER EASEMENT on PLATEN PROPERTY
in the SW~, NEB, Sec. 1, T.3 N., R.1 W., B.M.
Ada County, Idaho
This description is intended to follow the centerline of the Meridian
City sanitary sewer as installed from the Waterbury Subdivision to the Lans-
bury Subdivision in the City of Meridian, and record data, said easement to lie
seven feet to the left and thirteen feet to the right of said centerline.
Commencing at a point on the Southwesterly boundary line of the PLATEN
property, which point bears S. 13 55'22" E. 2025.01 feet from the N~ corner
Sec.l, and N. 35 09.'21" E. 854.73 feet from the C4 corner of Sec.l, said
point being the POINT OF BEGINNING:
Thence N. 15 47'45" E. 50.68 feet to a point,
thence S. 73 17'07" E. 121.71 feet to a point,
thence S. 89 09'23" E. 302.84 feet to the POINT OF ENDING on the
East boundary of the PLATEN property, which point bears S. 25 11'50" E.
2161.93 feet from the N$ corner Sec.l., and N. 52 34'28" E. 1165.19 feet from
the C4 corner Sec.l; all the above in T.3 N., R.1 W., B.M., Ada County, Idaho.
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~;If '.IO' GRAVEL /U/DRAIN
BYO'./' iTUB OUT TO [i/T BLK.iMARK
.IY' PERF. PIPE
93110158
931.-09095
t '• . ~tE;~~~R J. DAVI~ ~„~~
BO1S~ ;~~ .,,,. BOi5E~`D
~~
~''93 DEC 28 P~~i 19 12 9 DE 22 (r 11
~a1 U _ ~.'"
nG~~ ~„ ..,~ :401,3 ST OF
r . I~
ASSIGNMENT
FOR VALUABLE CONSIDERATION, the receipt and legal sufficiency of which
is :3ereby acknowledged, the undersigned, CRIS WILLIAMS, does hereby sell,
assign, transfer and convey to THE CITY OF MERIDIAN all of his rigght, title and
into,rest in and to that certain Sewer Easement d d the 6T}~ day of
~Ltt- 3, and ~ded t~~~~ day of 1993, as
Instru ent No ~ , recor FE of Ada Count ,Idaho, wherein Robert M.
Flaten is grantor n the undersigned is grant
DATED this ~ day of 199 3
Cris Williams
STATE OF IDAHO )
ss.
County of Ada )
On this ~~~l~ay of ~~='~-~ ~ 199, before me, the
undersigned, a Notary Public in and for said State, personally appeared CRIS
WILLIAMS, known or identified to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
,,: ..,
;, ~t. ~ ~ •,~~
.L -, - Notary Public for Idaho
;Y
~ t . ~ r Residing at : [~j®~ S ~.
~,i - ~, ~ My commission expires: ~p/2g~~
.~ -~
.. ti
.~~~
9310909
BOISE iD
'93 DEC 22 Pi~l ~ 1~3
OnucD t ;' t .Q ES7 OF
ASSIGNMENT