Public Utility Sewer Easement with Western Dairyman's Cooperative for Troutner Business Park..
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UTILITY (SEWER) EASEMENT TO
CITY OF MERIDIAN
19ECE1VE~
.1 U N 1 2 1997
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THIS INDENTURE made this _~ day of `~H~ ~ , 1997,
between
GRANTOR: WESTERN DAIRYMEN'S COOPERATIVE, INC., a Colorado
Corporation (formerly known prior to mergers as
Mountain Empire Dairymen's Association and Grade A
Milk Products Association), whose address is 237
Taylor Avenue, Meridian, Idaho 83642; and
GRANTEE: CITY OF MERIDIAN, whose address is 33 E. Idaho
Avenue, Meridian, Idaho 83642.
WITNESSETH
WHEREAS, the Grantor desires to provide a sanitary sewer line
easement and right-of way across the premises and property
hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer line is to be provided through
underground pipelines to be constructed by others; and
WHEREAS, it will be necessary to maintain and serve said
pipelines from time to time by the Grantee;
NOW, THEREFORE, in consideration of the benefits to be
received by the Grantor, and other good and valuable consideration,
the Grantor does hereby give, grant and convey unto the Grantee a
non-exclusive easement and right-of-way for the installation,
operation and maintenance of a sanitary sewer line over and across:
THE NORTHERN TWENTY (20) FEET and the WESTERN TWENTY (20)
FEET of the perimeter of Grantor's entire property, which
entire property is legally described on "Exhibit A" which
is attached hereto and incorporated herein by reference.
(This easement area is generally depicted on "Exhibit B"
Attached.)
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
PUBLIC UTILITY EASEMENT - 1
realest\meridian\utileas.wpd
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 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, in making future repairs,
expediently replace and restore the premises to a condition
comparable to that existent prior to undertaking such repairs and
replacements. However, the Grantee will not :be responsible for the
repairing, replacement or the restoration of any permanent
structure, large tree or bush placed on the area described in this
easement.
THE GRANTOR hereby covenants and agrees that they will not
place or allow to be placed any permanent structure, large tree or
bush on the area described for this easement which would interfere
with the use of said described easement for the purposes stated
herein.
THE GRANTOR does 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 Grantee hereunto subscribed their
signatures the day and year hereinabove written.
WESTERN DAIRYMEN'S COOPERATIVE
ASSOCIATION, INC.
By ~.~-
Title , ~~a~
ATTEST•
~~"~ vie S S
PUBLIC UTILITY EASEMENT - 2
realest\meridian\utileas.wpd
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STATE OF IDAHO )
ss
County of Ada )
ON THISJ~ day of ~Uil1E , 1997, before me, a notary
public in and for said State, personally appeared DoiV TE~t/sEa/
known to me to be the ~ssf. Sccr~~ of the
corporation that executed the within instrument, an 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 first above written.
Nota y Public for U'1'h
Residing at
My Commission Expires: 3 ~.s 9
,, OP 71~f NO~i'A RY l'U l3 LIC
.~'' sr, HOPE T. EVENS
s ^ i 548 East 1 t 400 South
2 +° Sandy, Utah 84092
v,~ 4,Y My Commission Expires
March 15. 1999
"" STATE OF UTAH
PUBLIC UTILITY EASEMENT - 3
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EXHIBIT B
~ EXHIBIT A
Lots 1, 2, 21, 22 and 2.5, Taylor 5ubdivisior~,
according to the plat thereof recorded in Book 11
of. Plats at pagE 637, records of Ada County, Idaho;
Those portions of Ballard Street (vacated)
and Taylor Avenue (vacated), described as follows;
Commencing at a point 30 feet south of the south-
east corner of Lot 20, Taylor Subdivision, according
*_o the plat thereof recorded. in Boob 11 of Plats
at. Page 637, records of ;Ada County, Idaho; thence
south 89°51' west 621.8 feet, more or less, to the
westerly boundary line of said Taylor Subdivision;
thence south 0°5' west along the westerly boundary
line of said- Taylor Subdivision 590.2 feet, more
or less, to the southwest corner of said Taylor
Subdivision; thence north 89°51' east along the
southerly boundary line of said `Taylor Subdivision
60 feet,. more or less, to the southwest corner of
Lot 1 of said Taylor Subdivision; thence north
0°5' east along the cesterly boundary line of Lots
1 acid 25 of said Taylor Subdivisicn 56.2 feat,
more or less, to the northwest corner of Lot 25 of
said Taylor Subdivision; thence north 89°S1' east
along L-he northerly boundary ?ine of Lots 25, 22
and 21 of said Taylor Subdi~.~ision 561.9 feet, more
ar .less, to the northeast corner of Lot 'L1 of said
Taylor Subdivisio~l~; thence north 30 feet, more or.
less, to the place of beginning.