Sanitary Sewer Easement with Albertsons, Inc. for Albertson Sundries Center` ~, "~~ `~
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SANITARY SEWER EASEMENT
THIS INDENTURE, made this ~~~' day of ~ u~- , 2000 between
Albertsons, Inc., a Delaware Corporation, the party of the first part, and hereinafter
called the Grantor, and the City of Meridian, Ada County, Idaho, the party of the
second part, and hereinafter called the Grantee;
WITNESSETH:
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 for through an underground
pipeline to be constructed by others at no cost to Grantor; and
WHEREAS, it will be necessary to maintain and service said pipeline from time
to time by the Grantee at no cost to Grantor;
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 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 and B)
The easement hereby granted is 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 right of access
to such facilities at any and all times as follows:
In non-emergency situations, the Grantee shall give reasonable advance notice
before entry onto Grantor's premises for the purpose of maintaining the sewer
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line and allied facilities. In emergency situations, Grantee shall contact Grantor's
management or security personnel on the premises, inform them of the emergency
and the need to enter the premises to initiate emergency repairs. Grantor shall
use its best efforts to provide Grantee with immediate access to the premises.
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 UNDERSTOOD AND AGREED, by and between the parties
hereto, that the Grantee, in malting future repairs, will expediently replace and
restore the premises at no cost to Grantor 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, GRANTOR hereby covenants and agrees that it will not place or allow to
be placed any permanent structures, trees, brush, or perennial shrubs or flowers,
within the area described for this easement, which would interfere with the use
of said easement, 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 whomsoever claiming through or under Grantor.
Anything in this instrument to the contrary notwithstanding, Grantee by
recording this instrument and/or exercising the rights herein granted agrees to the
following conditions:
(a) The easement(s) herein granted are subject to all easements and
encumbrances of record and are non-exclusive provided later granted easements
shall be subject to Grantee's rights and uses, provided, however, that before any
other easements are granted to any other party in the same area as Grantee's
easement, Grantee shall be given a reasonable opportunity to comment regarding
the ofher easements.
(b) All lines, equipment and their related components and supports placed
within the described easement area(s) by Grantee, or Grantee's agents or
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f ti,
contractors, pursuant to this instrument (Grantee's Property") shall remain the
property of Grantee.
(c) 'Grantee shall at all times safely operate and maintain Grantee's Property
within the described easement area(s) and shall promptly repair and restore to its
prior condition any paving, parking lot striping or other improvements; provided
however, Grantee shall have no need to replace any planters or light standards
existing within the described easement area which are disturbed by construction
and so forth.
(d) Grantee shall not in the exercise of the within easements(s) unreasonably
interfere or obstruct Grantor, or Grantor's agents or contractors, in the location
or construction of any buildings located in the area adjoining the described
easement area(s), or unreasonably interfere with any business of Grantor.
Nothing in the Paragraph (d), however, shall allow Grantor or Grantor's agents
or contractors to construct a building or other major structure within the
described easement area as provided herein above, or to unreasonably interfere
with Grantee's rights to construct, operate and maintain Grantee's Property
hereunder.
(e) After recording this instrument, Grantee shall provide Grantor with the
date, instrument number, book and page of recording.
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IN WITNESS WHEREOF, the said parties of the first part have hereunto
subscribed their signatures the day and year first herein above written.
ALBERTSON'S, INC.,
a Delaware corporation
William H. Arnold, Vice-President Real
Estate Law
STATE OF IDAHO )
. ss.
County of Ada )
On this ~ ~ day of ~ ~.~_ , 2000, before me, the
undersigned, a Notary Public in and for said State, personally appeared William H.
Arnold, known or identified to me to be the Vice-President, respectively, of the
corporation: that executed the within instrument, 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 fist above written.
CtB.I~`
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C
t~OT~p NOTARY PUBLIC FOR IDAHO
~` "~~ * Residing at: '~o~'tA~,
~, ~VSLtG Commission Expires: ~
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~~ OF ~~~
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ANDERSON-DA
& ASSOCIATES, INC.
EXHIBIT A
ALBERTSON'S SUNDRIES CENTER
SANITARY SEWER EASEMENT
TO THE CITY OF MERIDIAN
A parcel of land located in a portion of the South half of Section 9, Township 3 North, Range I
East of the Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the Southwest corner of Lot 4, Block 1 of Commerce Park Subdivision, said
subdivision being recorded in Book 45 of Plats at Page 3721, Official records of Ada County,
Idaho; thence North 00°04'51" West along the Westerly line of said Lot 4 and the northerly
extension thereof, a distance of X79.96 feet to a point on the center line of Commercial Court;
thence North 89°56'23" East along said center line, a distance of 386.72 feet to the POINT OF
BEGINNING, said point being on the Easterly boundary line of said Commerce Park
Subdivision; thence North 00°04'51" West, a distance of 10.00 feet along said Easterly boundary
line; thence South 88°29'27" East, a distance of 329.74 ;feet; thence South 85°15'40" East, a
distance of 431.22 feet; thence South O1 ° 17' 14" East, a distance of 97.79 feet; thence North
89° 14'46" East, a distance of 169.91 feet; thence South 00°41'21" East, a distance of 20.00 feet;
thence South 89° 14'46" West, a distance of 189.70 feet; thence North O 1 ° 17' 14" West, a distance
of 99.61 feet; thence- North 85°15'40" West, a distance of 412.66 feet; thence North 88°29'27"
West, a distance of 328.62 feet to a point on the Easterly boundary line of said Commerce Park
Subdivision; thence North 00°04'51" West, a distance of 10.00 feet along said Easterly boundary
line to the POINT OF BEGINNING.
Said parcel of land contains 20,592 square feet or 0.47 acres more or less. '~T
4/2t~~o c~
This description is based on record information.
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Land Surveying Services
1843 Broadway Ave., Suite lO1B, Boise, ID 83706 ti 208.363.0058 fax 208.363.0800
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