Permanent Sewer and Water Easement With Temporary Construction Easement with Glenbrook Properties for Simida Corporation~~i~76fli1
PERMANENT SEWER AND WATER EASEMENT WITH
TEMPORARY CONSTRUCTION EASEMENT
~D< c.w„b vY
THIS INDENTURE, made this ~~ day of ~t~r, 1986,
between Glenbrook Properties, a Nevada corporation and Simida
Corporation, an Indiana corporation, the parties of the first
part, and hereinafter called the Grantors, and the City of
Meridian, State of Idaho, a municipal corporation, the party of
the second part, and hereinafter called the Grantee;
WITNESSETH
WHEREAS, the Grantors desire 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 other 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, operation and maintenance of a
EASEMENT - 1
sanitary sewer line and a domestic water line o~~er and across the
following described property:
A 32.00 foot wide Permanent Sanitary Sewer and Water Line
Easement lying in 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 Northeast corner of said NW1/4 of Section 18;
thence South 0 27'58" West 4015.37 feet, more or less, along the
Easterly boundaries of the said NWl/4 and the SWl/4 of Section 18
to a point on the Northerly right-of-way of Interstate Highway 84
North, Federal Aid Project F.A.P. I~-80N-1(29)45; thence North 89
34'22" West 10.66 feet (formerly described as 10.73 feet) along
the said Northerly right of_-way line of_ Interstate Highway 84
North to a point; thence North 67 46'17" West 3.60 feet along the
said Northerly right-of-way line of Interstate Highway 84 North
to a point, also said point being the REAL POINT OF BEGINNING;
thence North 0 27'58" East .112.66 feet along a line 14.00 feet
Westerly of_ and parallel with the said Easterly boundary of the
SWl/4 of Section 18 to a point. thence North 0 42'39" West 292.10
feet to a point; thence North 0 27'58" East 939.71 feet, more or
less, along a line 20.00 feet Westerly of and parallel with the
said Easterly boundary o.f the SWl/4 of Section 18 to a point on
the Northerly boundary of the said SW1/4 of Section 18, said
point being the POINT OF ENDING of the above described 32.00-foot
wide Permanent Sanitary Sewer and Water Line Easement,
The easement hereby granted is for the purpose of_
construction and operation of a sanitary sewer line and domestic
water line and appurtenances, 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
reasonable times.
TO HAVE AND TO HOLD, the said easement and right-of_-way unto
the said Grantee, its successors and assigns fore~~er_,
EASEMENT - 2
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the
parties hereto that:
1. Timely Completion: 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.
2. Future Maintenance and Repairs: Grantee shall have
the right of access at all reasonable times to repair and maintain
the sewer and water lines in the future at Grantee's sole expense.
Grantee agrees to expediently replace and restore the premises to
the same condition as the property was in prior to the undertaking
of repairs, maintenance or replacement.
3. Structures: Grantor covenants not to construct any
permanent buildings on the areas described in the permanent
easement property. Grantor may, however, construct roads, curbs,
sidewalks, landscaping and the like in the easement areas.
4. Indemnity: Grantee agrees to indemnify and hold
Grantor harmless from any and all claims, suits, causes of action,
judgments, damages, casualties or accidents which may arise
resulting from any installation, maintenance, replacement or
repair of the sewer or water lines by Grantee, its agents,
contractors, servants, employees or independent contractors. Such
EASEMENT - 3
indemnification includes costs and attorney fees incurred by
Grantor.
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:
ALSO: (TEMPORARY CONSTRUCTION EASEMENT NO.1)
A 15.00-foot wide Temporary Construction Easement lying
15.00 feet Westerly of and parallel with the Westerly boundary of
the above described 32.00-foot wide Permanent Sanitary Sewer and
Water Line Easement;
ALSO: (TEMPORARY CONSTRUCTION EASEMENT N0.2)
An irregular Temporary Construction Easement lying Westerly
of the above described said Easterly boundary of the SWl/4 of
Section 18 and Easterly of and parallel with the Easterly boundary
of the the above described 32.00-foot wide Permanent Sanitary
Sewer and Water Line Easement,
AND ALSO: (TEMPORARY CONSTRUCTION EASEMENT N0.3)
A 7.00-foot wide Temporary Construction Easement lying in a
portion of the SE1/4 of the NW1/4 of Section 18, T. 3N., R. lE.,
B.M., Meridian, Ada County, Idaho and being 7.00 feet Westerly of
and parallel with the following described line: Beginning at the
Northeast corner of the said NWl/4 of Section 18; thence South 0
27'58" West 2669.34 feet along the Easterly boundary of the said
NW1/4 of Section 18 to the Southeast corner of the said NW1/4 of
Section 18; thence South 89 42'17" West 50.00 feet (formerly
described as South 89 32'12" West 50.01 feet) along the Southerly
boundary of the said SEl/4 of the NW1/4 of Section 18, which is
also the Southerly right-of-way line of Stratford Drive,
to a point, said point being the REAL POINT OF BEGINNING; thence
North 0 27'58" East 818.42 feet (formerly described as 818.56
feet) along a line 50.00 feet Westerly of and parallel with the
said Easterly boundary of the NWl/4 of Section 18, which is also
the Westerly right-of-way line of the said Stratford Drive, to
the POINT OF ENDING of the above described 7.00-foot wide
Temporary Construction Easement.
EASEMENT - 4
IT IS UNDERSTOOD that the strips of land described in the
three (3) previous paragraphs are 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 will warrant and forever defend the
title and quiet possession thereof against the lawful claims of
all persons whomsoever, and the officer executing this warrants
that he has the corporate authority to execute this agreement.
IN WITNESS WHEREOF, the said parties of the first part have
hereunto subscribed their signatures the day and year first
hereinabove written.
GLENBROOK PROPERTIES, a Nevada
Corporation
b y ~ ~~~/-~~-
R.T. AHAS, PRESIDENT
EASEMENT - 5
~ ~-
by
STATE OF C+~~«~~-ti's
COUNTY OF H~AC--~~~
ss.
SIMIDA CORPORATION, an Indiana
Corporation
PRESIDENT
On this -?~ day of -November 1986, before me the
undersigned, a Notary Public in and for said State, personally
appeared R.T. NAHAS known to me to be the President of Glenbrook
Properties, the corporation that executed the within and foregoing
instrument, and acknowledged to me that such corporation executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal in this certificate first above written.
OFFICIAL SEAL
40BERTA BUCHAN
' ~. - NOTARY PUBIh . rs~.t1FORMIA
AIAMEr
-,emm. cx^ gEg
S T AT E O F '`'te'a,`';: )
( ss.
COUNTY OF )
~otar_y Public for
Residing at
On this day of November 1986, before me the
undersigned, a Notary Public in and for said State, personally
appeared known to me to be the
President of Simida Corporation, the corporation that executed
the within and foregoing instrument, and acknowledged to me that
such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal in this certificate first above written.
SEAL
Notary Public for
Residing at
EASEMENT - 6
~ .
SIMIDA
by
PRESI NT
PORATION, an Indiana
orporation
STATE OF )
( ss.
COUNTY OF )
On this day of No~~ember
undersigned, a Notary Public in
appeared R.T. NAHAS known to me
Properties, the corporation that
instrument, and acknowledged to
the same.
1986, before me the
and for said State, personally
to be the President of Glenbrook
executed the within and foregoing
me that such corporation executed
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal in this certificate first above written.
Notary Public for
Residing at
STATE OF
( ss.
COUNTY O GZl~
On this !~ ,.day of _ 1986, before me the
undersigned, a Notary Public in and for said State, personally
appeared ~-I~~,E~~,TSIM®1~ known to me to be the
President of Simida Corporation, the corporation that executed
the within and foregoing instrument, and acknowledged to me that
such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal in this certifica _ first above wri en
SEAL
otary Public for
,,' (~
. Ada County, Idaho, ss Residing a t
~l
," t:~ Request of JANICE S TAYLOR
..~.~w
' ~
~~• J ~
~
~~ // NOTARY PURLI!' STATE OF I~JDIARA
,
~
,~.
~ ~ ~~ .~.-, . "r ~ ~,
)
~
l J
~ ~
~.
TIM ~/;,3 ~ M' ~'i~T0~1 CO.
HY COffffI a?;ii`i EXP IA;~ i^, i9S0
5•~ ~
t,~d
~
;
kz DATE !~ - j „~-~~ ISSUED TfiRU IitiDIAfJd P GARY ~;,SpC.
~
~' 3y'..~-W , -- ~'z11,'~
• •.• EASF~E~
`," - 6 JOHN FiASTIDA
RECORDCR
~
`• ~ i ~G~
.,,,..~. ,
~`"
~y,
Deputy (;~