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Sanitary Sewer Easement with Roberts, Dixie Lee for South Slough TrunkSANITARY SEWER EASEMENT THIS INDENTURE, made this ~ day of , 2002 between Dixie Lee Roberts ,the parties of the first part, and hereinafter called a Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, nd 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; 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 Grantor, and other good and valuable consideration, the Grantor does 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 allied facilities, together with 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. Grantee will replace all fencing, gates and/or utilities damaged by construction activities. 2. Grantee will replant appropriate pasture grasses where pasture is SANITARY SEWER EASEMENT, Page 1 of 3 damaged during construction. 3. Grantee will construct a 14 foot wide graveled base under 6" of topsoil for use as an access road with the sewer pipeline being the approximate center line. Manholes within the easement area will also be covered with 6" of soil. 4. If livestock are being contained by fencing within the construction area, temporary fencing will be constructed and maintained to contain the livestock. 5. One 4-inch sewer service stub-out will be provided for the Grantor within the easement area and at the location designated by Grantor. 6. An 8-inch sewer stub-out will be provided in an manhole located on the subject property. In addition, two 8-inch stub-outs will be provided in the manhole near Wingate Lane. THE GRANTOR hereby covenants and agrees that he 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 does hereby covenant with the Grantee that he is lawfully seized and possessed of the aforementioned and described tract of land, and that he has a good and lawful right to convey said easement, and that he 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. ~e~R STATE OF IDAHO) ss County of Ada ) Dixie Lee Roberts ~. On this ~Nday of 'ry oF, ~'~~ fo m ~ personally appeare ' '' ~~~ roved t satisfactory evidence to a the persons whose names is sut instrument, and acknowledged that they executed the same. SANITARY SEWER EASEMENT, Page 2 of 3 NOTARY PUBLIC FOR IDAHO My Commission Expires on Q GRANTEE: CITY OF MERIDIAN '~% Robert D. Corrie, Mayor ,\`` G\ GoRpo~q r >,Q'~~~~'% ~? F© - ~a G c* .l:GGe.~... ' ~~ .; ~U ti~ Attest by William G. Ber , Ci Clerk ~D ' T ~ `;~ ~/~, ~ . ~~I~ ~~71 -'f ,~ VA Approved By City Council On: `~ ~9 ~(~ Z SANITARY SEWER EASEMENT, Page 3 of 3 ~,i u~6 Engineers Surveyors Planners Project No.: South Slough Trunk Sewer Extension (11690) Date: February 28, 2002 Parcel No.: 51105212485 Grantor: Dixie Roberts CITY OF MERIDIAN EXHIBIT "A" A 25' WIDE PERMANENT SANITARY SEWER EASEMENT LAND SITUATED IN ADA COUNTY A strip of land located in a part of Government Lot 3, Section 5, T.3N., R.1E., B.M., Ada County, Idaho, for the purpose of a 25-foot wide permanent sanitary sewer easement lying 10 feet Northerly of and also 15 feet Southerly of the following described line: Commencing at a found 5/8-inch iron pipe at the Northeast corner of Government Lot 3, Section 5, T.3N., R.1 E., B.M., Ada County, Idaho, from which a brass cap marking the Northwest corner of Section 5 bears North 89°45'21" West, 2,655.40 feet; thence along the Easterly boundary of Lot 3, South 00°26'51" West, 1,029.44 feet to the POINT OF BEGINNING; thence leaving said Easterly boundary, North 53°40'30" West, 166.33 feet to a point; thence North 85°15'25" West, 200.79 feet to a point on the Westerly boundary of property described in Instrument No. 886220 of the Ada County, Idaho records, the POINT OF TERMINUS; Sidelines to be shortened or lengthened to match the beginning and terminus of this description, and to form a closed figure. Said strip contains 9,183.22 square feet (0.211 acres), more or less. TOGETHER WITH: A 35-foot wide temporary construction easement being 35-foot Southerly and coincident with the Southerly boundaries of the above-described permanent sanitary sewer easement. Sidelines to be shortened or lengthened to match the beginning and terminus of this description, and to form a closed figure. Said strip contains 12,943.20 square feet (0.297 acres), more or less. END OF DESCRIPTION Refer to Exhibit "B" ~-'ao Prepared by: ~E i J-U-B ENGINEERS, Inc. d g 5 7 5 Ronald M. Hodge, P.L.S. 0 st~~~~~~ of ~cc~~; RMH:taj F:\projectmanagers\PHK\11690\11690-Sur\descriptions\roberts perm sewer easement.doc ~s ~~ «~ .~ ~ t~ i I ~j~ f ~ I ~r ~ 1 ' I ~\ ° VI O I ~ ~~ 1 I ~co ~ ~~=o ~ ~ ~ ~ D ~ m ~ ~CV ~ '~ ~ ~ y 2 m ~ ~~~ t D N N N N r ~ v o~O ! z~ ~~° ~ v v v v ~ j' ~ zm ! I Z z~ ~ ~ D c m D ~ cn ~D I t NO z ~ ~ ~ z o ~ ~ ~ z ~ ~ m m o ~ p m y ~ I I ~ ~ Z z -v N oo I -1~ c m rn r. D o Is v cn I ~y n C N o O ~ ~ ~ ~° o tin I Z cn g m ~ I - .~~~ y ~~ ~ ~ ww ~w ~o ~ w' i o i a / I 3 ° ° "' I I z ~ = 00 ~ ° I ° m ° ~ ~ ° z I I I N w ~,~ m o ~ I I cn I I D W m ~ w m I m zm~ 3 xc70 v ~ ~ ` 1 Z _ I I ~ I : ~L '-7 C~ w~~ Z=Z ~ ~ ~ I i II z ~ o~= 0 z ~ ~ 1 ~ m ~ ~a O ° ~ I ao ° I I 3 I I AA ~+ {~ n^~]n p REC4RDED=RE CST Gr" Z~32~;1~ `s ~~ s~ 31 ~ 02 089623 MF~~D~Ar~ c~~rv This Sheet has been added to the document to accommodate recording information. SANITARY SEWER EASEMENT DIXIE LEE ROBERTS SOUTH SLOUGH SEWER TRUNK EXT