Irrigation Pipeline Easement with Courtney, Mary Anne for Pipeline Construction and Maintenance
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IRRIGATION PIPELINE EASEMENT
THIS INDENTURE, made this Z7 day of Oct~~,, 19 9 7between /~lll~l '~~~ ~ ,
the party of the first part, and hereinafter called the Grantor(s), and the Ci f Meridian, Ada C ,
Idaho, the party of the second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantee desires to provide an irrigation pipeline right-of--way across the
premises and property hereinafter particularly bounded and described; and
WHEREAS, the irrigation pipeline is to be provided for through an underground pipeline to
be constructed by Grantee; and
WHEREAS, it will be necessary to maintain and service said pipeline from time to time by
the Grantee; and
WHEREAS, the Grantee desires to construct a sidewalk abutting Grantor's parcel; and
WHEREAS, a temporary construction right-of--way will be required to construct the irrigation
pipeline and abutting sidewalk, including, but not limited to, surveying, excavation,
installation, repair, maintenance, alteration, support, lowering or raising, and inspection or
testing of the work, and related incidental excavation, grading, roadwork and the like
necessary or advisable to complete construction of, and to place in operation, the irrigation
pipeline (the "Work"), which Work shall be performed, occur in and be confined to the space
that is upon, over, across, and under a strip of land eight (8) feet as described by Exhibit A,
attached hereto and incorporated by this reference.
NOW, THEREFORE, in consideration of the benefits to be received by the Grantor(s), and
other good and valuable consideration, the Grantor(s) does hereby give, grant and convey
unto the Grantee the right-of--way for an easement for the operation and maintenance of an
irrigation pipeline over and across the following described property:
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(SEE ATTACHED "EXHIBIT A")
GRANTOR(S)
The easement hereby granted is for the purpose of construction and operation of an irrigation
pipeline and their allied facilities and construction of a sidewalk abutting Grantor's parcel,
together with the maintenance, repair and replacement of the irrigation pipeline 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 easement and right-of--way unto the said Grantee, it's
successors and assigns forever.
IT IS EXPRESSLY iJNDERSTOOD AND AGREED, by and between the parties hereto,
that the Grantee, in the initial construction and in making future repairs, will expediently
replace and restore the premises to a condition comparable to that existent prior to
undertaking such construction, 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 after the initial construction of the
improvements described herein is completed.
THE GRANTOR(S) hereby covenants and agrees that heJshelthey 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.
THE GRANTOR(S) shall be granted use of the irrigation water in the irrigation pipeline by
valves or other diversion means at a quantity, flow or volume no greater than the existing
water right granted the Grantor's parcel. The means of diversion to Grantor's parcel shall
be installed as part of the initial construction of the pipeline.
THE GRANTOR(S) does hereby covenant with the Grantee that he/she/they are lawfully
seized and possessed of the aforementioned and described tract of land, and that he/she/they
has/have a good and lawful right to convey said easement, and that he/she/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.
M Courtney
Address ~
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STATE OF IDAHO )
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County of Ada )
On this~~ day of , 19~ fore me he unde 'fined, a ota
Public in and for said St e, personally appeared
known or identified to me to be the person whose name ' bscribed withui mstnicm and
acknowledged to me that he/she/they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fist above written.
NOTAR LIC FOR IDAHO
Residing at
Commission Expires: ` ~ ~~"'""""~•~,.
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EXIffBIT B
IRRIGATION PIPELINE & TEMPORARI' CONSTRUCTION EASEMENT
A temporary construction easement being coincident with the easterly right-of--way of
Linder Road, located in the NW %. of Section 1, Township 3 North, Range 1 West, Boise
Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the southwesterly corner of said NW 1/.;
thence N 89°48'20" E along the southerly boundary of said NW `/. a distance of 40.00
feet to the POINT OF BEGINNING;
thence continuing N 89°48'20" E a distance of 8.00 feet to a point;
` thence leaving said southerly boundary N 0°45' 12" W a distance of 84.66 feet to a point;
thence S 89°48'20" W a distance of 8.00 feet to a point on said easterly right-of--way of
Linder Road;
thence S 0°45' 12" E a distance of 84.66 feet to the POINT OF BEGINNING.
This parcel contains 677 square feet.
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated
August 22, 1997