Sanitary Sewer Easement with Young Lands LTD 590 for Five Mile Creek~~i I~ ~ RECOR~ED-REQUE~T D~
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THIS INDENTURE, made this ~ ay of April, 2000 between Young Lands LTD, 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 pipeline 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 the permanent and
temporary construction easements for the construction, operation and maintenance
of a sanitary sewer line over and across the following described property:
(SEE ATTACHED EXHIBITS "A" AND "B")
The permanent 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
free right of access to such facilities at any and all times.
The temporary construction easement is for the purpose of construction of a
sanitary sewer line and related incidental work. The temporary construction
easement shall expire when the construction contract terminates.
TO HAVE AND TO HOLD, the said permanent 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 constructing 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. The Grantee also agrees to the following: 1. alfalfa damaged do to
construction will be replanted, and 2. surface rock greater than two inches in
diameter in fields within the construction area will be removed.
SANITARY SEWER EASEMENT, Page 1 of 3
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.
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 parties have hereunto subscribed their signatures the
day and year first hereinabove written.
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Harry D. Yang, President, Y~iang lands LTD
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William G. Berg, Jr., C y lerk ~''~ ~, -
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SANITARY SEWER EASEMENT, Page 2 of 3
CITY OF MERIDIAN
STATE OF IDAHO )
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County of Ada )
On this ~_ day of , 2000, before me, the undersigned, a Notary
Public in and for said State, personally appeared ,
known or identified to me to be the President of the corpor tion th t 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 first above written.
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NQ?ARY PU~`LIC FOB IDAHO
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SANITARY SEWER EASEMENT, Page 3 of 3
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Engineers Surveyors Planners
Project No.: 5 Mile Relief Sewer (11616-03)
Date: April 7, 2000
Revised: April 17, 2000
Revised: May 12, 2000
Parcel No.: 50435438410
Grantor: Young Lands LTD
CITY OF MERIDIAN
EXHIBIT "A"
A 32' WIDE PERMANENT SANITARY SEWER EASEMENT
LAND SITUATED IN ADA COUNTY
A strip of land located in the Southeast'/a of Section 35, T.4N., R.1 W., B.M., Ada County,
Idaho, for the purpose of a 32-foot wide permanent sanitary sewer easement lying 20 feet
Southerly and Westerly of and also 12 feet Northerly and Easterly of the following described line:
Commencing at a brass cap marking the Southwest corner of Section 35, T.4N., R.1 W.,
B.M., Ada County, Idaho. From said cap, a %s" iron pin marking the West'/a corner of said
Section 35 bears North 00°53'21" East, 2,643.52 feet; thence North 00°53'21" East along the
Easterly boundary of said Section 35, 1,153.21 feet to a point; thence leaving said Westerly
boundary South 89°06'39" East, 25.00 feet to a point on the existing Easterly right-of-way of Ten
Mile Road; thence South 59°52'40" East, 466.70 feet to a point; thence South 80°21'43" East,
412.45 feet to a point; thence South 80°33'17" East, 446.64 feet to a point; thence
South 80°29' 11 "East, 375.27 feet to a point; thence South 63°00'45" East, 424.73 feet to a point;
thence South 61°49'50" East, 399.12 feet to a point; thence South 62°31'49" East, 308.52 feet to
the point; thence South 64°04'59" East, 290.07 feet; thence South 88°16'01" East, 315.30 feet to a
point on the Westerly boundary of Parcel #50435438410, :THE REAL POINT OF BEGINNING;
thence continuing South 88°16'01 "East, 36.99 feet to a point;
thence South 88°06'09" East, 286.97 feet to a point;
thence South 43°11'35" East, 14.14 feet to a point;
thence South 03°16'51" West, 19.07 feet to a point on the existing Northerly right-of-way
of Ustick Road. The point of terminus of this description;
from said point, a 5/8" iron pin marking the South'/a corner of Section 35 bears
South 87°02'29" West, 934.37 feet.
Sidelines to be shortened or lengthened to match the beginning and terminus of this
description.
END OF DESCRIPTION
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City of Meridian Exhibit "A"
Engineers Surveyors Planners Young Lands LTD
April 7, 2000
Revised: April 17, 2000
Revised: May 12, 2000
Page 2
TOGETHER WITH:
A 25-foot wide temporary construction easement being 25-foot Northerly and Easterly and
coincident with the Northerly and Easterly boundaries of the above-described permanent sanitary
sewer easement.
Sidelines to be shortened or lengthened to match the beginning and terminus of this
description.
END OF DESCRIPTJON
Refer to Exhibit "B"
Prepared by:
J-U-B ENGINEERS, Inc.
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LHK:Ihc Lawrence H. Koerner, P.L.S.
F:\projects\11616\admin\young lands 2 perm sewer easement.doc
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