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Permanent Sewer and Water Easement With Temporary Construction Easement with Terteling Trust #7 for Sewer Line.-.,ii L~ 0 ~~ PERMANENT SEWER AND WATER EASEMENT WITH TEMPORARY CONSTRUCTION EASEMENT ~-~, ~ee~~d ep THIS INDENTURE, made this _ _ day of #e~e, 1986, between Terteling Trust #7, the party of the first part, and hereinafter called the Grantor, and the City of Meridian, State of Idaho, a municipal corporation, the party of the second part, and hereinafter called the Grantee; W I T N E S S E T H WHEREAS, the Grantor desires to provide a sanitary. sewer and domestic water line right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and domestic water line is to be provided for through underground pipelines to be constructed by the Grantee; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and for the sum of One Dollar ($1.00) and.ather good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the construction, ooperation and maintenance of a sanitary sewer line and a domestic water line over and across the following described property: A 32.00 foot wide Permanent Sanitary Sewer and Water Line Easement lying in the SEl/4 of the SW1/4 of Section 18, T. 3N., R. lE., B.M., Ada County, Idaho and being 22.00 feet Westerly of and 10.00 feet Easterly of and parallel with the following described centerline: Beginning at the Southeast corner of said SWl/4 of Section 18; thence South 89°43'43" West 14.00 along the Southerly boundary of the said SW1/4 of Section 18, which is also the centerline of Overland Road, to a point; thence North 0° 27'58" East 25.00 feet along a line 14.00 feet Westerly of and parallel with the Easterly boundary of the said SW1/4 of Section AMBROSE, FITZGERALD & CROOKSTON Attorneys end Counaelore P.O. Box 427 Merldlan, Idaho 83842 Telephone BBB-1181 18 to a point on the Northerly right-of-way line of said Overland Road, also said point being the REAL POINT OF BEGINNING; thence continuing North 0°27'58" East 1058.57 feet, more or less, along a line 14.00 feet Westerly of and parallel with the said Easterly boundary of the SW1/4 of Section 18 a point on the Southerly right-of-way line of Interstate Highway 84 North, Federal Aid Project, F.A.P. I-80N-1(29)45, said point being the POINT OF ENDING of the above described 32.00-foot wide Permanent Sanitary Sewer and Water Line Easement. ALSO: A 20.00-foot wide Permanent Sanitary Sewer Easement lying in the SE1/4 of the SW1/4 of Section 18, T. 3N., R. lE., B.M., Ada County, Idaho and being 10.00 feet Southeasterly of and 10.00 feet Northwesterly of and Southeasterly of the Southerly right-of-way line of Interstate Highway 84 North and parallel with the following described centerline: Beginning at the Southeast corner of the said SW1/4 of Section 18; thence South 89° 43'43" West 14.00 feet along the Southerly boundary of the said SW1/4 of Section 18, which is also the centerline of Overland Road, to a point; thence North 0°27'58" East 1076.97 feet to a point, also said point being the REAL POINT OF BEGINNING; thence South 71° 14'32" West 120.00 feet to a point; thence North 72° 52'25" West 100.99 feet to a point; thence South 89°16'53" West 871.14 feet to the POINT OF ENDING of the above described 20.00-foot wide Permanent Sanitary Sewer Easement, ALSO: A 18.00-foot wide Permanent Sanitary Sewer Easement lying in the SE1/4 of the SWl/4 of Section 18, T. 3N., R lE., B.M., Ada County, Idaho and being 10.00 feet Southerly of and 8.00 feet Northerly of a.nd parallel with the following described line: Beginning at the Southeast corner of the said SWl/4 of Section 18; thence North 0°27'58" East 1076.80 feet, more or less, along the Easterly boundary of the said SWl/4 of Section 18 to a point, also said point being the REAL POINT OF BEGINNING; thence North 89°34'22" West 4.00 feet along a line 8.00 feet Southerly of and parallel with the Southerly right-of-way line of Interstate Highway 84 North to the POINT OF ENDING of the described 18.00-foot wide Permanent Sanitary Sewer Easement, The easement hereby granted is for the. purpose of construction and operation of a sanitary sewer line and domestic AMBROSE, FITZGERALD BCROOKSTON Attorneys and Counaelora P.O. Box 427 Meridian, Idaho 83842 Telephone 888-4481 water line and allied facilities, together with their maintenance, repair, and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto that the Grantee will timely complete the work of laying the sanitary sewer and domestic water lines and restore the premises used therefor to a condition comparable with that existing prior to exercising this easement right; that in making future repairs the Grantee will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacements. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures on the area described for this easement which would interfere with the use of said described easement for the purposes stated herein. Provided that if Grantor should now or in the future desire that the underground water line(s) to be installed in this easement herein described be relocated for any purpose, that Grantee shall so relocate said lines upon the condition that Grantor shall grant Grantee an easement similar to the one herein described over the strip of land under or upon which the relocated line shall run, and upon the condition that Grantor shall pay all direct and indirect costs associated with such relocation. IT IS HEREBY FURTHER AGREED that the Grantors do hereby give and grant to the Grantee the right to use during initial construction additional strips of land described as follows: A 4.00-foot wide Temporary Construction Easement lying 4.00 feet Easterly of and parallel with the Easterly boundary of the above described 32.00-foot wide Permanent Sanitary Sewer and Water Line Easement. ALSO: A 15.00 foot wide Temporary Construction Easement lying 15.00 feet Southeasterly of, Southwesterly of and Southerly of and parallel with the Southeasterly, Southwesterly and Southerly boundary, respectively, of the above described 20.00 foot wide Permanent Sanitary Sewer Easement. AMBROSE, FITZOERALD &CROOKSTON Attorneys end Counselors P.O. Box 427 Merldlan, Idaho 83842 Telephone 888-4481 ,:, IT IS UNDERSTOOD that the strip of land described in the one (1) previous paragraph is for the purpose of constructing said sanitary sewer line and domestic water line herein described, the same to expire when the initial construction is completed. IT IS UNDERSTOOD and agreed that the Grantee will restore said strip to a condition comparable to that existent prior to the undertaking of the construction of such sanitary sewer line. The Grantors do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned described tracts of land, and that they have a good and lawful right to convey said easement, and they they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first hereinabove written. TERTELING TRUST N0. 7 r ~.: ~. J j .TERTELING, TR~ TEE AMBROSE, FITZGERALD S CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlen, Idaho 83842 Telephone888-4481 STATE OF IDAHO,) ss. County of Ada, ) On this ~J~ day of *-~'~;~~r in the year 1986, before me the undersigned, a Notary Public in and for said State, personally appeared J. L. TERTELING, known to me to be the person whose name is subscribed to the foregoing instrument as TRUSTEE and acknowledged to me that he executed the same as such Trustee. IN WITNESS WHEREOF, I have hereunto set my hand and affixed i~ ~. J' my official seal in this certificate first above w itten. `~ .r.. -, SE~~,~'~~ Notary Public for Ida `- Residing at: Meridian, Idaho ~ ,, _~ I `~ ; , r, ~ ~.. ~" + ~' i \ V ut ~ Ad'e County, Idafio ss Request at - AMBROSE, FITZGERALD g,CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83842 Telephone 8883481 71M~" ~'.' ~'y,' f M. PATE ~ -i~_~~ JOK~i BASTtDA RECpRD~2 peputy Gt' ~~ i