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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. .~'~: 2 - NOTARY LIC FOR IDAHO =sA ~? ••••. ~/BL .: ~o -,, ~r •••rhp,,,,,,t,••~• .,~ %,,~4~ GF l~P~~•~ My Commission Expires on ~ ~ ,~( ~5 ~ C. "~ SANITARY SEWER EASEMENT, Page 3 of 4 GRANTEE: CITY OF MERIDIAN l Robert D. Come, Mayor ~,~+~"""""'~~f,,,; `~ O \~~~ °,r~.°°, G c`,~'v 'r ~'~':i"' a~a:.~~~.-,. Attest by William G. Berg, Ci Clerk ~ Jam: ~'E} C~~~3T 1 <7~` _,+~k1 row. .~ ~ .., Approved By City Council On: (~ ~ ~d''~;,,. l~ -~ ,, `~'~~~ \ ,. SANITARY SEWER EASEMENT, Page 4 of 4 ~~ u.B 1 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 o Prepared by: d 8 5 7 5 ~ J-U-B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. 'A~?,~~tE OF ~O'~~~ ~~d~P y ~~ RMH aaj F:\projectmanagers\PHK\11690\11690-Sur\descriptions\alleman perm sewer easement.doc m =Y C~Z W r ~ ~ ~ MM~ a ~~ ZHH Q= W ~ Z ~~~ ~ Z N W o ~ O ~ F- > >( W ~ tei 0. ~ Z ~• ~ ~y~ W Qa0 ~ d W = ~?W W V J W m ~~~' N a ~ T m = 3 Z x W D Z W W J 3 I w 0 i F- 2 C9 H Z W w N Q w J Q Z Q U W N Y Z w O O d F- Z W } (~! Q ~ W ~ W Z ~ W O ~ Q U Wa ~ r Q ~ O w U N U O ~ } Z ~ W W Q J O O 2 Q w ~ ~ a ~ ~ ~ ~ w w w !n (n N O O O O O O d ~ ~ N Q ~ O 0 %~ ~'~ CC5Jy3Y RECQROER ~~°~~~ ~l~VA~RQ ~: 1G~2 AU - 8 8~ 3 ~' RECORDED'- R QU ST 0~ FEE 10,2~~396Z i rv~~~~~~~~~ ~~rY 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