Sanitary Sewer Easement with Gemtone Inc. for Gemtone No. 1:.~ ~. 601305`f
A~;~ C~.'. ~GRQER
SANITARY SEWER EASEMENT "' d "~ ~~ ~ ~ " ~ ~~ ~' ~ ~ ~
BOISE i~J
.~ /~00
THIS INDENTURE made this l~ -day of~$rC1/•P.4y~~~9~ b~we~t~G~n~iie,
Inc., an Idaho corporation, the party of the first part, together wit lts successors and assigns
hereinafter called the Grantor, and the City of Meridian, Idaho, aF~un~,'~iz~l...c.~i~~latio.
party of the second part, together with its successors and assigns, hef4ac~Il~ ~1f~tle~F
WITNES5ETH
WHEREAS, the Grantor desires 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 through an underground pipeline to be
constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipeline from time to time
by the Grantee;
NOW, THEREFORE, in consideration of Grantee's covenants and warranties contained
herein, the sufficiency of which is hereby acknowledged by the Grantor, the Grantor does hereby
give, grant and convey unto the Grantee aright-of--way for a permanent sewer line easement and
for the operation and maintenance of a sewer line and a temporary construction easement for the
construction of a sewer line over and across the following described property:
(SEE ATTACHED EXI~EBIT "A" ENTITLED
"PERMANENT SEWER LINE EASEMENT")
(SEE ATTACHED EXI-IIBIT "B" ENTITLED
"TEMPORARY CONSTRUCTION EASEMENT")
The permanent sewer line and temporary construction easements hereby granted are for
the purpose of construction and operation of a sanitary sewer line and their 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, except the temporary construction
easement shall expire when. the initial construction of facilities in the permanent easement area
is completed.
In return for Grantor providing this easement, Grantee agrees to pay all costs associated
with adjusting manhole lids to grade for any manhole installed in Grantor's property, if future
development requires said adjustment.
SANITARY SEWER EASEMENT -Page 1
MM&C 2981.004 12/27/95
TO HAVE AND TO HOLD, the said permanent 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 all facilities installed pursuant to this easement shall be and remain the property of Grantee,
that the Grantee shall at all times safely operate and maintain Grantee's property and facilities
within the easement area and that the Grantee, in making use of the easement, shall not
unreasonably interfere with Grantor's use of the surface and shall expediently replace and restore
the premises to a condition comparable to that existent prior to undertaking such use. However,
the Grantee will not be responsible for repairing, replacing or restoring any permanent
structures, large trees or bushes placed within the permanent easement area described in this
easement.
THE GRANTOR retains the right to full use of the surface except that the Grantor
hereby covenants and agrees that it will not place or allow to be placed any permanent structures
(other than street improvements), large trees or bushes within the permanent easement area
described herein, which would interfere with the use of said easement area, for the purposes
stated herein.
THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and
possessed of the aforementioned and described tract of land, and that it has a good and lawful
right 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 whatsoever; provided, however, that
all of the foregoing covenants and warranties of Grantor are subject to all easements, restrictions
and other encumbrances of record or appearing on the land on the date this instrument is
recorded.
FURTHERMORE, Grantor shall have the right, without incurring any extraordinary
expenses (other than standard connection and usage fees), to connect sewer facilities serving
property currently owned by Grantor within a one (1) mile radius of the easement area
("Grantor's Property") to Grantee's existing or future sewer system at a location convenient to
Grantor (whether within or without the easement area described herein).
SANITARY SEWER EASEMENT -Page 2
MM&C 2981.004 12/27/95
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed
their signatures the day and year first hereinabove written. This easement shall be ineffective
unless it is executed and acknowledged by the Grantee.
GEMTONE, INC.
an Idaho corporation
By: Thomas T. Wright
Its: President
B Edw d Bews
Its: Secretary
(qmk\2981.04\sbc\ ssesmt. d)
STATE OF IDAHO )
)ss.
County of Ada )
On this / `f"~day of ~~~raa ~- 19q ~°, before me, the undersigned, a Notary
Public in and for said state, personally app ared Thomas T. Wright and Edward L. Bews,
known or identified to me to be the President and Secretary, respectively, of Gemtone, Inc.,
the corporation that executed the instrument or the person who executed the instrument on behalf
of said corporation, and acknowledged to me that such corporation 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.
~m ~ y ~ , ~:
~ ~~ is
~~~ p ~ ~ ~~~~ ~ r3 i
® ~ !'9 ;
,j ,`V
~~iF~e ~ e~~m~OpP~m'T'mC~O .c, ~~~
!- jr
~4
~~
OTARY PUB~~or Idaho
Residing at ~ ~
My commission expires: S-a--~a
SANITARY SEWER EASEMENT -Page 3
MM&C 2981.004 12/27/95
ACCEPTED AND AGREED:
THE CITY OF MERIDIAN, IDAHO,
a municipal corporation
By:
Prin ~ ert D. Corrie
Title: Mayor
STATE OF IDAHO )
)ss.
County of Ada )
$~~~,
9GG' IoM
~~+T ~.ti
~~'%9~~G,~ j' `~QA~~ested
William G. Berg, J .
City Clerk
On this 14 day of February 199 6 ,before me, the undersigned, a Notary
Public in and for said state, personally appeared Robert D. Corrie ,known or
identified to me to be the Mayor of The City of Meridian, Idaho, the
municipal corporation that executed the instrument or the person who executed the instrument
on behalf of said municipal corporation, and acknowledged to me that such municipal
corporation 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.
G '
Q~ ~J'':
~ U B 6.
' ; ~ ~~® ~:
®!!1!1!li0~~+~`
SANITARY SEWER EASEMENT -Page 4
MM&C 2981.004 12/27/95
~.
~:,. ,
_..
' ~ ~ 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 Fax (208) 378-0025
DATE: DECEMBER 7, 1995
PERMANENT SEWER LINE EASEMENT
LOCATED IN
THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8
T. 3 N., R 1 E., B.M.
ADA COUNTY, IDAHO
A parcel of land located in the Southwest Quarter of the Northeast Quarter, Section 8, T. 3 N.,
R. I E., B.M., Ada County, Idaho and more particularly described as follows:
Beginning at a brass cap marking the Southeast corner of the Soutl~cast Quarter of Section 8, T. 3 N.,
R. 1 E., B.M., Ada Counry, Idaho;
thence along the E:~sterly boundary of said Southeast Quarter of Section 8, North 1°27'05" West
2650.29 feet to a brass cap m.trking the Southeast corner of the Northeast Quarter of said Section 8;
thence along the Southerly boundary of said Northeast Quarter of Section 8, North 89°55'43" West
1980.85 feet to a point, said point being the REAL POINT OF BEGINNING of a twenty (20) foot wide easement,
said easement lying ten (10) feet each side of the following described centerline;
thence along said centerline, North 0°33'54" East 450.00 feet to the point of ending of said easement.
SUBJECT TO:
laud.
All eeisting easements and road rights-of--way of record or appearing on the above-described parcel of
Prepared by:
Pacific Land Surveyors
DGP Don G. Payne, R.L.S.
Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation
. .,
>:;.~~.
'~--~ 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 Fax (208) 378-0025
DATE: DECEMBER 7, 1995
TEMPORARY CONSTRUCTION EASEMENT
LOCATED IN
THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8
T. 3 N., R I E., B.M.
ADA COUNTY, IDAHO
A parcel of land located in the Southwest Quarter of the Northeast Quarter, Section 8, T. 3 N.,
R. l E., B.M., Ada County, Idaho and more particularly described as follows:
Beginning at a brass cap marking the Southeast corner of the Southeast Quarter of Section 8, T. 3 N.,
R. 1 E., B.M., Ada County, Idaho;
thence along the Easterly boundary of said Southeast Quarter of Section 8, North 1°27'05" West
2G50.29 feet to a brass cap marking the Southeast corner of the Northeast Quarter of said Section 8;
thence along the Southerly boundary of said Northeast Quarter of Section 8, North 89°55'43" West
1990.85 feet to a point, said point being the REAL POINT OF BEGINNING of a fifty (50) foot wide easement,
said easement lying adjacent to and fifty (50) feet Westerly of the following described line;
thence along said line, sitid line also being the Westerly line of the permanent easement,
North 0°33'54" East 450.OU feet to the point of ending of said easement.
SUBJECT TO:
All existing easements and road rights-of--way of record or appearing on the above-described parcel of
land.
Prepared by:
Pacific Land Surveyors
DGP Don G. Payne, R.L.S.
~X1-f~~~T tta„
Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation