Sanitary Sewer Easement with Joy A. Moore Trustee for Melvin R. and Noma E. Schrammeck Trust for South Slough Trunk.~~rv,~ rtr,s~r~trr''J
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SANITARY SEWER EASEMENT
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THIS INDENTURE, made this d 7 day of between Joy A. Moore Trustee
for Melvin R. and Noma E. Schrammeck Trust, 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 temporary 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 Grantee;
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 the temporary easement for the
construction, of a sanitary sewer line over and across the following described
property:
(SEE ATTACHED EXHIBITS "A" AND "B")
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 on the earlier of either the termination of the construction
contract or September 1, 2002.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties
hereto, that the Grantee, in constructing will expediently replace and restore the
premises to a condition comparable to that existent prior to undertaking such
construction. Additionally, if livestock are present in the pasture area during
construction, the Grantee will assure that temporary fencing will be constructed to
contain the livestock. The Grantee will also provide an individual sewer service
stub-out at the manhole located adjacent to the Grantor's property. The existence
of the stub-out does not grant approval to connect to the sewer. All sewer
connections are subject to fees and must be approved by the Grantee.
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.
SANITARY SEWER EASEMENT, Page 1 of 3
IN WITNESS WHEREOF, the party has hereunto subscribed his signature the day
and year first hereinabove written.
Melvin R. and Noma E. Schrammeck Trust, Joy A. Moore, Trustee
STATE OF IDAHO)
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County of Ada )
On this / 7~day o , 200~t, before me ~~~ ~ ,S~'rS~
personally appeared oeE ~?us7~ ,proved to me on the bases of
satisfactory evidence to be the persons whose names is subscribed to the within
instrument, and acknowledged that they executed the same.
`~~• •nTA~.t.r: NO ARY UBLIC FOR IDAH
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SANITARY SEWER EASEMENT, Page 2 of 3
GRANTEE: CITY OF MERIDIAN
Rob~i rt D. Corrie, Mayor *~,, t''''~ ~'°~~
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ttest by William G. Berg, Cit Cle _ ~ ~ ~x,~,
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Approved By City Council On: z/ 's~a"Z- ~ J '~'~ :;:* ~ ~~ ~ ~ , `
SANITARY SEWER EASEMENT, Page 3 of 3
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Engineers Surveyors Planners
Project No.: South Slough Trunk Sewer Extension (11690)
Date: November 19, 2001
Parcel No.: 51104233802
Grantor: Melvin R. and Noma E. Schrammeck Trust
CITY OF MERIDIAN
EXHIBIT "A"
A 60' WIDE TEMPORARY CONSTRUCTION EASEMENT
LAND SITUATED IN ADA COUNTY
A parcel of land located in a part of the Southwest'/a, Northwest'/a, Section 4, T.3N., R.1 E., B.M., Ada
County, Idaho, for the purpose of temporary construction easement, and more particularly describes as
follows:
Commencing at a found brass cap at the Northwest corner Section 4, T.3N., R.1 E., B.M., Ada County,
Idaho, from which the West 1 /4 corner of Section 4 bears South 00°35'47" West, 2,611.55 feet; thence along
the Westerly boundary of Section 4, South 00°35'47" West, 1,724.87 feet more or less, to the prolongation of
the Northerly boundary of Schrammeck property, as described in instrument No. 95008620 of the Ada County,
Idaho records; thence leaving said Westerly boundary of Section 4, and along prolongation of the Northerly
boundary of Schrammeck property, South 53°04'13" East, 86.89 feet to a point on the Easterly right-of-way of
Eagle Road, the POINT OF BEGINNING;
thence along the Northerly boundary of Schrammeck property, South 53°04'13" East, 74.48 feet to a
point;
thence leaving said Northerly boundary, and parallel with the Easterly right-of-way of Eagle Road,
South 00°35'47" West, 57.53 feet to a point;
thence leaving said parallel line, North 89°24'13" West, 60.00 feet to a point on the Easterly
right-of-way of Eagle Road;
thence along the Easterly right-of-way of Eagle Road, North 00°35'47" East, 101.66 feet to the POINT
OF BEGINNING.
Said easement contains 4,775.58 square feet (0.11 acres), more or less.
END OF DESCRIPTION
Refer to Exhibit "B"
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Prepared by: ~~s T ~ G
J-U-B ENGINEERS, Inc.
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LEGEND
R/W RIGHT-OF-WAY
- - PROPERTY BOUNDARY
°° EXISTING EASEMENT
PROPOSED TEMPORARY
CONSTRUCTION EASEMENT
EXHIBIT B
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ENGQ7EER9 • 9URY6YOR9 • PLANNERS
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~~AI~ Q. SEIbERT
ATTORNEY AT LAW
T199 ShoaEliniE DavE, Suiru 304, Boisu, ID 83702
PIroNE: 208-342-6401 FAX: 208-342-6458 FmAiL I<sEibEar@micaoN.NET
January 17, 2002
Mr. Gary Smith, P.E. ~~i V ~ lr~-~r lJ
Public Works Director lJ
City of Meridian
660 E. Watertower Lane, Suite 200 ~~~ ~ ~ ~~~~
Meridian, ID 83642 City of Meridian
Public Works Director
RE: Sewer Pipeline Easement for the City of Meridian
Dear Mr. Smith:
I am responding to your January 10, 2002 letter to Joy Moore, a copy of
which I requested from Rick Mallary of the Langdon Group yesterday. My firm
represents the Melvin R. and Noma E. Schrammeck Trust. We did not receive it
as my suite number was inadvertently omitted from you letter.
I have enclosed the Sanitary Sewer Easement, signed by Joy Moore,
Trustee, for the Melvin R. and Noma E. Schrammeck Tnast. She executed the
agreement subject to the approval of the $267.40 payment by the Meridian City
Counsel. We would appreciate receiving a fully executed copy of the Easement
Agreement for the Trust records once the City Counsel has given their approval.
Please make the check payable to the Melvin r. and Noma E. Schrammeck Trust.
We sincerely appreciate you assistance in the matter.
KAIL Q. SEIBERT, P. L.L.C.
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Kail (~. Seibert
cc: Joy Moore
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