Sanitary Sewer Easement with Avest Limited Partnership for Dove Meadows~:~.
SA?VTTA~t'Y SEVIiER EASEiVTENT
S LTD : "PURE, made this .~._ day of NAG, l 9 ~' ,between ~1~5' ~ ~wi
~ ,the parties ofthe first part, and hereinafter called the Grantors, and the
City of Me dian, Ada County, Idaho, the party of the second part, and hereinafter called the
Grantee;
WiT1~iESSETH:
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, THCREFORE, 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
the sewer fine over and across the following described property:
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The easement Izereby granted is for the purpose of constructio~~d'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 aI! times.
TO HAVE AND TO HOLD, the said easemcnt and right-of--way unto the said Grantee,
its successors and assigns forever.
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IT IS EXP~R1rSSLY UNDERSTOOD A~~1D AG.RLED, by and between the parties hereto,
that the Grarnee will timely complete the work of laying the sanitary sewer line and restoring the
premises used therefore to a condition comparable with that existing prior to exercising this
easement; that, in malting future repairs, the Grantee wil[ expediently replace and restore the
premises to a condition comparable to that existent prior to undertaking such repairs and
replacement.
THE GRANTORS hereby covenant anal agree that they will nvt place or allow to be
placed any permanent structures on the area described for this easemern which would interfere
with the use of said described easement for the purposes stated herein.
IF YS 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 described as follows.
IT IS UNDERSTOOD that the strip of land described in the previous paragraplz is far the
purpose of constructing said sewer line herein described, the same to expire when the initial
construction is completed.
TT TSUNDERSTOOD AND AGREED that the Grantee will restore said strip to a
condition comparable to that existent prior to the undertaking of the cUns~truction 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 persons whomsoever.
IN WITNESS V~~HERLOF, the said parties afthe first part have hereunto subscn~bed their
signatures the day and year first hereinabove written.
SAN17'ARY SF.WAR Er1SEb(LtiT. Pans 2
On this . o~~ day of ~1 ~ "~ in the year ~~~, fore me the
unde igned, a Notary P biic in and for State, personally appeared ~ .
--~ and ~ known to me to be the
persons whose names are s scribed to the foregoing instrument, and acknowledged to me that
they executed the same.
- - l~T- WITIv'ESS WHEREOF, '1 have hereunto set my hand and affixed my official seal the
. ~ ~~d~y.,a~aa:,yea* Gst above written,
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Residing at
SAD1I1'.4FtY SE.WF.R RA$FME: fr, I'c~e 3
STATE pF TDAHO )
ss
County of Ada )
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PACIFIC
960 Broadway Avenue
Suite 312
Boise, Idaho 83706
EXHIBIT "A"
September 29, 1994
LEGAL DESCRIPTION
SANITARY SEWER EASEMENT
FAIRVIEW AND LOCUST GROVE
A tract of land located in the Southwest quarter and the Southeast quarter of the Southwest quarter of Section
5, Township 3 North, Range 1 East of the Boise Meridian being more particularly described as follows:
Commencing at a Brass Cap monument found at the Southwest corner of said Section 5; thence North
00°26'34" East 71.44 feet along the West line of said Section 5 to a point; thence South 89°32'56" East
75.91 feet to THE TRUE POINT OF BEGINNING, said point being on the Northerly right-of-way line of
Fairview Avenue as described in that deed to the State of Idaho and recorded on August 9, 1955, as
Instrument No. 380794, Ada County Deed Records; thence North 41°36'19" West 13.46 feet along the
Northeasterly right-of--way line of North Locust Grove Road as described in that deed to Ada County
Highway District and recorded March 24, 1993 as Instrument No. 9321140, Ada County Deed Records to
a point being 10.00 feet distant from the Westerly extension of the North right-of--way line of said Fairview
Avenue; thence South 89°32'56" East 1255.39 feet and parallel with the North line of said Fairview Avenue
to a point lying 14.00 feet Westerly of the East line of that tract of that tract of land described by that deed
to Roger H. Allen and Virginia A. Allen recorded December 3, 1993 as Instrument No. 9306702, Ada
County Deed Records; thence North 00°26'58 East 770.00 feet and parallel with the East line of said Allen
tract to a point; thence South 89°32'56" East 14.00 feet and parallel with the North right-of-way of said
Fairview Avenue to a point on the East line of said Allen tract; thence South 00°26'58" West 779.99 feet
along the East line of said alien tract to a point on the North line of said Fairview Avenue; thence North
89°32'56 West 1260.37 feet along the North right-of--way line of said Fairview Avenue to the POINT OF
BEGINNING.
Said tract of land contains 23,419 square feet or 0.538 acres more or less.
The basis of bearing of this description is Record of Survey No. 2401 recorded as Instrument No. 9315981
on March 4, 1993.
(208) 342-5400 Fax (208) 342-5353 Planning • Engineering • Surveying • Landscape Architecture • Environmental Services
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