Sanitary Sewer Easement with Young Lands LTD 589 for Five Mile Creek~ r
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THIS INDENTURE, made this ~~f Aprs, 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. replace and/or repair three
"field drain" culverts within the permanent easement area, 2. if construction disrupts
or prohibits the harvest of winter wheat within the easement area, grantors will be
SANITARY SEWER EASEMENT, Page 1 of 3
compensated for the loss based on the estimated quantity and the local fair market
value of wheat lost, 3. surface rock greater than two inches in diameter in fields
within the construction area will be removed, and 4. grantors will be consulted as
to final manhole placement.
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.
Harry D. Young, Pr ident, ung la s LTD
CITY OF MERIDIAN
ATTEST:
William G. Berg, Jr.,
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SANITARY SEWER EASEMENT, Page 2 of 3
STATE OF IDAHO )
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County of Ada )
On this ! ~ day of P ~ L , 2000, before me, the under igned, a Notary
Public in and for said State, personally appeared ,
known or identified to me to be the President of the corpo ation hat 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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SANITARY SEWER EASEMENT, Page 3 of 3
Commission Expires: ~ ~~ 2'OO,j
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Engineers Surveyors Planners
Project No.: 5 Mile Relief Sewer (11616-03)
Date: April 7, 2000
Revised: May 12, 2000
Parcel No.: 50435346619
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 Southwest'/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 12 feet Northerly
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''/z" 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, 37.59 feet to a point on the Westerly boundary of Parcel No. 50435346619. The
REAL POINT OF BEGINNING hereinto referred to as Point "A".
thence South 80°29' 11 ".East, 337.68 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, 282.80 feet to the point of terminus on the Easterly boundary of said
parcel. From said point, a 5/8" iron pin marking the South'/a corner of Section 35 bears South 00°26'19" West,
236.39 feet.
Sidelines to be shortened or lengthened to match the beginning and terminus of this description.
END OF DESCRIPTION
TOGETHER WITH:
A 25-foot wide temporary construction easement being 25-foot Northerly and coincident with the
Northerly boundary of above-described permanent sanitary-sewer easement.
Sidelines to be shortened or lengthened to match the beginning and terminus of this description.
END OF DESCRIPTION
Refer to Exhibit "B" ~ON~ ~'gNds
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Prepared by: C ~g//q./Og
J-U-B ENGINEERS, Inc. a 2 5 1 7D
LHK:Ihc Lawrence H. Koerner, P.L.S. ~ `9 ~9 ~ ~'~~t%~
F.\projects\11616\admin\young lands perm sewer easement.doc ~ PF OF ~~P ~~,-'
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