Sanitary Sewer Easement with Alleman, Vern R. and Angelina P. for South Sloughi ~<
SANITARY SEWER EASEMENT
THIS INDENTURE, made this '~~' "~
day of ~s ~ , 2002 between Vern R. and Angelina P.
Alleman, husband and wife ,the parties 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-0f--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, inconsideration 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:
SANITARY SEWER EASEMENT, Page 1 of 4
1. The Grantee will retain and/or replace all fencing and gates
damaged by construction activities.
2. Topsoil and subsoil are to be individually removed, to an agreed
width to facilitate sanitary sewer installation, and stored while the
sanitary sewer is constructed. After installation of the pipeline,
and completion of the project, the subsoil shall be replaced first
and compacted to its original density. The topsoil shall then be
replaced and leveled to a condition comparable to that existing
prior to pipeline installation.
3. In accordance with the Grantor's proposed subdivision concept
plan as prepared by Hubble Engineers, Grantee agrees to align
the sanitary sewer and manhole as generally shown with said
plan. In addition, the Grantee shall install sewer services on the
sanitary sewer to serve proposed adjacent residential lots north
and south of the sanitary sewer as generally shown on the
before mentioned Grantor's plan.
4. The proposed manhole will be buried two feet as measured
from existing ground surface to top of the manhole's cover.
5. No access road will be constructed over the sanitary sewer.
6. Grantee will replant appropriate alfalfa or pasture grasses in the
disturbed area.
7. tf livestock are being contained by fencing within the construction
area, temporary fencing will be constructed and maintained to
contain the livestock.
8. Construction of the sanitary sewer will occur between the time
period of October 15t''through April 15"'. Weather limitations may
necessitate a time extension for completion of final surface
restoration and grading as mutually agreed by the Grantor and
Grantee.
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.
SANITARY SEWER EASEMENT, Page 2 of 4
IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures
the day and year first hereinabove written.
Vern R. Alleman
_ ;~
Angelina .Alleman
STATE OF IDAHO)
ss
County of Ada )
On this_:?-~ day of ~~ ~c ~. , 2002, before me i ,~ ~ ~ ~~;.~ ,~ c ,
personally appeared~~1 .:r ~ ~"l~ ,r~r, ,~~1/~ ~;,~rove to me on the bases of
satisfactory evidence to be the persons whose name`s is subscribed to the within
instrument, and acknowledged that they executed the same.
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- NOTARY LIC FOR IDAHO
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SANITARY SEWER EASEMENT, Page 3 of 4
GRANTEE: CITY OF MERIDIAN
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Robert D. Come, Mayor ~,~+~"""""'~~f,,,;
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Attest by William G. Berg, Ci Clerk ~
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Approved By City Council On: (~ ~ ~d''~;,,. l~ -~ ,, `~'~~~ \
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SANITARY SEWER EASEMENT, Page 4 of 4
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Engineers Surveyors Planners
Project No.: South Slough Trunk Sewer Extension (11690)
Date: February 28, 2002
Parcel No.: 51105212900
Grantor: Vern R. and Angelina P. Apeman
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.1 E., 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 brass cap marking the Northwest corner of Section 5, T.3N., R.1 E.,
B.M., Ada County, Idaho, from which a found 5/8-inch iron pipe marking the Northeast corner of
Government Lot 3 bears South 89°45'21 "East, ..2,655.40 feet; thence along the Northerly boundary
of Section 5, South 89°45'21" East, 1,327.67 feet to the Northwest corner of Government Lot 3;
thence along the Westerly boundary of Lot 3, South 00°25'39" West, 786.10 feet to the POINT OF
BEGINNING;
thence leaving said Westerly boundary, North 77°42'22" East, 137.20 feet to an angle
point;
thence North 88°21'49" East, 202.76 feet to a point on the Easterly boundary of property
described in Instrument No. 780519 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 8,499:21 square feet (0.195 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 11,901.86 square feet (0.273 acres), more or less.
END OF DESCRIPTION
Refer to Exhibit "B" / ~ ~ F
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Prepared by: d 8 5 7 5 ~
J-U-B ENGINEERS, Inc.
Ronald M. Hodge, P.L.S. 'A~?,~~tE OF ~O'~~~
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This Sheet has been added to the document to
accommodate recording information.
SANITARY SEWER EASEMENT
VERN R AND ANGELINA ALLEMAN
SOUTH SLOUGH SEWER TRUNK EXT