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Irrigation Pipeline Easement with Courtney, Mary Anne for Pipeline Construction and Maintenance ~~ w n ,~~~ ~~ ~ _ . ~~. ;? OF! f 3~:J F`i ~ z 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: 4 (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 ~ s, STATE OF IDAHO ) ~ ss 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: ` ~ ~~"'""""~•~,. ,, , ,. ~ e~ ~ ~. `+ ~ • • '• i '- ~ i ~'A' ••• ~ ~4 • •• t .~ 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