Permanent Sewer and Water Easement With Temporary Construction Easement with Terteling Trust #7 for Sewer Line.-.,ii
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PERMANENT SEWER AND WATER EASEMENT WITH
TEMPORARY CONSTRUCTION EASEMENT
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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
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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
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my official seal in this certificate first above w itten.
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SE~~,~'~~ Notary Public for Ida
`- Residing at: Meridian, Idaho
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Ad'e County, Idafio ss
Request at -
AMBROSE,
FITZGERALD
g,CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlan, Idaho
83842
Telephone 8883481
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