Sanitary Sewer Easement with James A. Kissler, LLC for South SloughSANITARY SEWER EASEMENT
~~
THIS INDENTURE, made this day of April 2002 between James A. Kissler, L.L.C., 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 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; 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,
additional connection thereto, 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 on the earlier of either the termination of the construction
contract or on July 31, 2003.
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 making future repairs, will expediently replace and
restore the premises, including compaction of soils, to a condition comparable to
that existent prior to undertaking such 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 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
SANITARY SEWER EASEMENT, Page 1 of 3
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 party has hereunto subscribed his signature the day
and year first hereinabove written.
STATE OF IDAHO)
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County of Ada )
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On this ~ 3 "~ day of Cti , 2002, before me C _ C.~,.~~-,_. ,
personally appeared :J. c~. , tL~..,,;~: ,proved to me on the bases of
satisfactory evidence t be the persons whose names is subscribed to the within
instrument, and acknowledged that they executed the same.
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NOTARY PUBLIC FOR IDAHO
My Commission Expires on ~ 13 0 5
SANITARY SEWER EASEMENT, Page 2 of 3
GRANTEE: CITY OF MERIDIAN
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e D. Corrie, Mayor
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ttest by William G. Ber ,City Jerk
Approved By City Council On:
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SANITARY SEWER EASEMENT, Page 3 of 3
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Engineers Surveyors Planners
Project No.: South Slough Trunk Sewer Extension (11690)
Date: March 26, 2002
Parcel No.: 51105110012
Grantor(s): James A. Kissler, LLC
CITY OF MERIDIAN
EXHIBIT "A"
A 20' WIDE PERMANENT SANITARY SEWER EASEMENT
LAND SITUATED IN ADA COUNTY
A parcel of land located in a part of Government Lot 4, Section 4, T.3N., R.1 E., B.M., Ada County,
Idaho, for the purpose of a 20-foot wide permanent sewer easement, more particularly described as follows:
COMMENCING at a found brass cap marking the Northwest corner of Section 4; from which a found 5/8"
Iron pin marking the North'/a corner of Section 5 bears North 89°44'54" West, 2,656.50 feet; thence
South 57°15'27" East, 113.70 feet to a point on the Easterly right-of-way of Eagle Road the POINT OF
BEGINNING;
thence North 41°11'35" East, 22.67 feet to a point on the Southerly right-of-way of Ustick Road;
thence along said right-of-way, North 85°42'46" East, 28.52 feet to a point;
thence leaving the Southerly right-of-way of Ustick Road, South 41°11'35" West, 67.39 feet to a point
on the Easterly right-of-way of Eagle Road;
thence along said right-of-way, North 01°50'26" East, 31.54 feet to the POINT OF BEGINNING
Said easement contains 900.61 sq. ft., more or less.
TOGETHER WITH:
A parcel of land located in a part of Government Lot 4, Section 4, T.3N., R.1 E., B.M., Ada County,
Idaho, for the purpose of a temporary construction easement, more particularly described as follows:
The Northerly 80.00 feet. of the Westerly 50.00 feet of Kissler property, Tax Parcel No. 51104223336.
Said easement contains 4,023 sq. ft., more or less.
Refer to Drawing Exhibit "B"
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc.
Ronald M. Hodge, P.L.S.
TAJ: the
F:\projectmanagers\PHK\11690\11690-Sur\admin e-mail\kissler perm sewer esmt.doc
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32 133
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LEGEND
~ R/W RIGHT-OF-WAY
~ - - PROPERTY BOUNDARY
g PROPOSED TRUNK SEWER
~ PROPOSED MANHOLE LOCATION
(MAY VARY)
' ~~ PROPOSED PERMANENT SEWER
~ EASEMENT
~ ~ PROPOSED TEMPORARY CONSTRUCTION
EASEMENT
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EXHIBIT B
SCALE: 1 "=50'
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Engineers Surveyors Planners
Project No.: South Slough Trunk Sewer Extension (11690)
Date: March 26, 2002
Parcel No.: 51105110012
Grantor(s): James A. Kissler, LLC
CITY OF MERIDIAN
EXHIBIT "A"
A 20' WIDE PERMANENT SANITARY SEWER EASEMENT
LAND SITUATED IN ADA COUNTY
A parcel of land located in a part of Government Lot 4, Section 4, T.3N., R.1 E., B.M., Ada County,
Idaho, for the purpose of a 20-foot wide permanent sewer easement, more particularly described as follows:
COMMENCING at a found brass cap marking the Northwest corner of Section 4; from which a found 5/8"
Iron pin marking the North'/a corner of Section 5 bears North 89°44'54" West, 2,656.50 feet; thence
South 57°15'27" East, 113.70 feet to a point on the Easterly right-of-way of Eagle Road the POINT OF
BEGINNING;
thence North 41°11'35" East, 22.67 feet to a point on the Southerly right-of-way of Ustick Road;
thence along said right-of-way, North 85°42'46" East, 28.52 feet to a point;
thence leaving the Southerly right-of-way of Ustick Road, South 41°11'35" West, 67.39 feet to a point
on the Easterly right-of-way of Eagle Road;
thence along said right-of-way, North 01°50'26" East, 31.54 feet to the POINT OF BEGINNING
Said easement contains 900.61 sq. ft., -more or less.
TOGETHER WITH:
A parcel of land located in a part of Government Lot 4, Section 4, T.3N., R.1 E., B.M., Ada County,
Idaho, for the purpose of a temporary construction easement, more particularly described as follows:
The Northerly 80.00 feet. of the Westerly 50.00 feet of Kissler property, Tax Parcel No. 51104223336.
Said easement contains 4,023 sq. ft., more or less.
Refer to Drawing Exhibit "B"
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc.
Ronald M. Hodge, P.L.S.
TAJ:Ihc
F:\projectmanagers\PHK\11690\11690-Sur\admin e-mail\kissler perm sewer esmt.doc
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SCALE: 1 "=50'
EXHIBIT B
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USTICK ROAD
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22'67 N85'42'46"E
28.52'
R/W ~_
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o° KISSLER,
0 o JAMES A.
00 S1105110012
~ S41'11'35"W
50' I 67.39'
LEGEND
R/W RIGHT-OF-WAY
~ - - PROPERTY BOUNDARY
g PROPOSED TRUNK SEWER
~ PROPOSED MANHOLE LOCATION
(MAY VARY)
~~ PROPOSED PERMANENT SEWER
~ EASEMENT
~ ~ PROPOSED TEMPORARY CONST'RUC110N
EASEMENT
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TH/S PAGE ADDED FOR RECOD/NG PURPOSES ONLY
Sanitary Sewer Easement Agreement
(South Slough Trunk Sewer Extension)
April 22, 2002
James A. I(essler, L.L.C. and the City of Meridian