Sanitary Sewer Easement Permanent and Temporary with Mallard Landing Homeowners Association for WhitestoneSANITARY SEWER EASEMENT
Permanent and Temoorarv
THIS INDENTURE, made this ~~day of r`~ _, 1996, between_Mallard Landing
Homeowners Association, the parties of the first part, and hereinafter called the Grantors, and the
City of Meridian, Ada County, Idaho, the party of the second 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 others; and
WHEREAS, it will be necessary to maintain and service said pipelines 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 operation and maintenance of a
sewer line over and across the following described property:
(SEE ATTACHED EXHIBIT A "PER.MANENT AND TEMPORARY SEWER EASEMENT")
The permanent and temporary easements hereby granted is for the purpose of construction
and operation of sanitary sewer lines 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.
TO HAVE AND TO HOLD, the said permanent easement and right-of--way unto the said
Grantee, it's successors and assigns forever.
TO HAVE AND TO HOLD, the said temporary easement and right-of--way unto the said
Grantee, its successors and assigns until the said sewer construction is complete and
accepted by the Grantee.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that the Grantee, in making future repairs, will expediently replace and restore the
premises to a condition comparable to that existent prior to undertaking such repairs and
replacement. However, the Grantee will not be responsible for repairing, replacing or
restoring any permanent structures, large trees or brush placed within the area described in
this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be
placed any permanent structures, large trees or brush within the area described for this
easement, which would interfere with the use of said easement, for the purposes stated
herein.
SANITARY SEWER EASEMENT, Page 1
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 WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first hereinabove written.
i~~~2 ~ '
Mart Holdaway
President
STATE OF IDAHO )
ss
County of Ada )
On this~_ day of (~ br1 ~ 1996, before me, the undersigned, a
Notary Public in and for said State, personally appeared f'Y~Qr ~ x-1-0 lci at~t?Ct-N
known or identified to me to be the President of the Mallard Landing
Homeowners Association that executed the within instrument, and acknowledged to me
that such Association executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
'' ,.
Cf. ~~G~
N TAA gY PIJZ~IC ~'OR IDA~GQ! ~-~
` Residin at 0-~Q~2 .~1J X
~~ ~ ~' _ Commission Expires: . ~ ~ ? - 02~0~
SANITARY SEWER EASEMENT, Page 2
/ ~
/ 1 ,
EXHIBIT A
290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 Fax (208) 378'-0025.
PROJECT: 527140
DATE: April 15, 1996
DESCRIPTION FOR
MALLARD LANDING HOMEOWNERS ASSOCIATION-
A 20-FOOT PERMANENT SANITARY SEWER EASEMENT
A PORTION OF THE NORTHWEST QUARTER
SECTION 13
T. 3 N., R 1 W., B.M.
MERIDIAN;
ADA COUNTY,, IDAHO - _ :. .
A strip of land 20 feet in width lying-20 feet Northerly of and adjacent to the following described line lying in the
Northwest Quarter of Sectioni3,,T: 3 N., R 1 W.; B.M., Ada County, Idaho:.
Begitining at a brass cap marking the Northwest corner of the Northwest Quarter of Section 13, Township
3 North;.Range 1 West, Boise Meridian; .
thence along the Westerly boundary of the said Northwest Quarter of Section-13; said Westerly boundary
also being the centerline of South Linder Road, South 00°00'35" East 515.34 feet to a point on the centerline of
Ten Mile Drain; -
,thence leaving said Westerly boundary and centerline and along said centerline of Ten Mile Drain; South
57°30'00" East 35,09 feet to a point;, _ - ~ ~
thence Leaving said centerline, South 00°00'35" East 39.60 feet to a point on the Southerly boundary of
Lot 16 of Block 1 of The Landing Subdivision No. 1, as filed'for record in. the office of the Ada County Recorder,
Boise, Idaho, in Book 58 of Plats at Pages 5548 and. 5549; said point being the REAL POINT OF BEGINNING;
thence along said Southerly boundary the following courses and distances;
thence South 57°30'00" East 171.61.feef to a point; -
thence South 49°04'00" East 111.71 feet to a point; -
' ;~C Vf Gw ~
thence South 46°12'30" East 166.38 feet to a point;
- ~~/79~
thence South 52°33'23" East 75.04 feet fo a point; -
thence South 60°07'00" East. 39.57 feet to a point of ending.. D ~C
C°_`__ -
Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation
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
JTE:EDM
John T. (Tom) Eddy, L. S.
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290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 Fax (208) 378-0025
April 16, 1996
Bill Henson
Assistant Water Superintendent
Nampa & Meridian Irrigation District.
1503 First Street South
Nampa, Idaho. --83651-4395
~ S.
BRUCE F,
RICi(c.
Subject:. Whitestone Estates Subdivision-
Dear Bill:
On behalf of Larry Van Hees, I respectively request that you write a letter to Rick Clinton, .
Meridian City Public Works stating that ..Nampa & Meridian Irrigation District. would not
objection to holding apre-construction conference for Whitestone Estates Subdivision. Also
please state that Mr. Van Hees is working to final the necessary documents and the District is
satisfied with Mr. Van Hees' progress in meeting the District's-requirements
We have contacted John Caywood at the_Bureau of Reclamation. The Bureau is in the process
of preparing the agreement. -John said he could write a letter stating that the pre-construction
conference could be held- and the Bureau would not object.-
The. License Ageement is signed. However, the agreement does not cover the sewer (pressure
and gravity) east of Linder Road within that easement for the Ten Mile Drain. We have a
sewer easement agreement. with the Mallard Landing Homeowners Association to place the
sewer within Lot 16 Block 1, The Landing Subdivision No. 1. The Ten Mile Drain Easement
is over Lot 16. The License Agreement dated 2nd of April, 1996, ,should be amended to
include the sewer east of Linder Road within the Ten Mlle Drain Easement.
We have reviewed the pressure irrigation with Silver Creek Irrigation and determined that
pumps operating at 150 foot head. and the use of one 1-1/2 HP Jockey Pump and two 7-1/2
HP main pumps are~better, as you suggest. The second 7-1/2 HP pump will be installed as the
demand is added with the building of additional Whitestone Estates Phases. The pump curves
and pump station layout are included with this letter for you review. Silver Creek supplied the
drawings.
APR 1 7 1996
PLS-BOI 58-24096
t~~~f~;(A"i CiTI' ~~i~d~~f~
Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation
~.
Whitestone Estates Subdivision
April 16, 1996
Page 2
We have been in contact with Daniel Steenson and Laura Burn. Daniel has prepared the
License Agreement, but is in need. of amendment as stated above. Attached to the Sanitary
Sewer Easement, please find a description of the sewer easement over Lot 16 Block 1, The
Landing Subdivision No. 1. Laura is preparing the Irrigation Contract for Larry Van Hees:
PLSBOI 58-24096