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Home My WebLink AboutYorgason Sanitary Sewer EasementADA COUNTY RECORDER RECORDED- R"E-CUL"Sl Cli` lalt-lq C� AV i D N AVA R R 'J f�' �,- 4 1 � 1-1 FEE D E P U T Y--__ Zoo I OC - 4 PM 1:L.4 101 102762 This sheet has been added to document to accommodate recording information. SANITARY SEWER EASEMENT This Sanitary Sewer Easement (the "Agreement") is made and entered into this 1st day of August , 2001 , by and between J. Ramon and Marilyn Yorgason, the "Grantor(s)," and the CITY OF MERIDIAN, a body politic and corporate of the State of Idaho, the "Grantee." Recitals: A. Grantor(s) own(s) the parcel of real property located in Ada County, Idaho, more particularly described on Exhibit "A-1" & "A-2" attached hereto (the "Servient Estate"). B. Grantee desires to provide for a sanitary sewer trunk line across the Servient Estate and adjacent properties, and in connection therewith desires to obtain an easement to construct, install and maintain said trunk line system over and across the Servient Estate, and on the terms and conditions hereinafter set forth, Grantor(s) (is/are) willing to grant the same to Grantee. NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE MUTUAL COVENANTS CONTAINED HEREIN AND OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1. Grant and Use. Grantor(s) grant(s) to Grantee a perpetual easement over and across the Servient Estate for the transportation and delivery of sewer water across the Servient Estate, and for the construction, installation, operation, maintenance, repair and replacement of a sanitary sewer trunk line system on the Servient Estate reasonably necessary for such purpose (the "Easement"). The Grantee's use of the Servient Estate is not exclusive, but other uses of the Servient Estate by Grantor(s) shall not interfere with the Grantee's Easement and its expected uses thereof. Grantor(s) further grant(s) to Grantee: a. The right to grade the gravel maintenance road located within the perpetual easement; b. The right from time to time to trim and cut down and clear away any and all trees and brush now or hereafter on the easement that may interfere with the exercise of Grantees rights under this instrument; C. The right to install, maintain and use gates in all fences that now cross or shall hereafter cross the easement; d. The right to mark the location of the pipeline by suitable markers set in the ground, provided that such markers shall be placed in fences or other locations that will not interfere with any reasonable use Grantor shall make of the easement; e. The right to construct future manhole(s) over and service connections to this sewer trunk line. 2. Construction, Installation and Maintenance. At its sole cost and expense Grantee shall construct and install the system within the Servient Estate, the construction and installation thereof to be performed in accordance with plans and specifications prepared by Grantee at its sole cost and expense and reviewed by Grantor(s) prior to the commencement of construction. By reviewing such plans and Permanent Easement Page 1 of 3 specifications Grantor(s) assume(s) no responsibility for any deficiencies or inadequacies in the design or construction of the system, and the responsibility therefor shall be and remain in Grantee. After construction and installation is completed, at its sole cost and expense Grantee shall maintain the system in good condition and repair and as required to satisfy all requirements of applicable laws, the policies of Grantee and sound engineering practices, and Grantee shall have access to and from and over and across the Servient Estate for the purposes of such repair and maintenance. If the adjoining property owned by Grantor(s) or the surface of the Servient Estate where the system is buried is damaged as a result of the construction or use or repair and maintenance of this Easement by Grantee, Grantee, at its sole cost and expense, shall repair and restore the same, to the extent reasonably practicable, to the same condition it was in prior to such damage. 3. Covenant Against Permanent Improvements. Grantor(s) covenant(s) and agree(s) that (he/she/it/they) will not interfere with Grantee's use of this Easement, or with Grantee's ability to repair and maintain the system thereon, and hereby covenant and agree that, except for such fencing as is reasonably required by Grantor(s) to secure (his/her/its/their) adjoining property and the Servient Estate, (he/she/it/they) will not construct any permanent improvements on the Servient Estate or plant any trees or similar substantial perennial plants thereon. 4. Indemnification. Grantee shall indemnify and save and hold Grantor(s), (and each of them,) from and against all claims, actions or judgements, for damages, injury or death caused by or arising out of the failure or neglect of Grantee to properly construct, install, repair or maintain the system on the Servient Estate. 5. Covenants Run with the Land. This Easement shall be a burden upon the Servient Estate and shall run with the land. 6. Attorney's Fees and Costs. In any suit, action or appeal therefrom to enforce or interpret this Agreement, the prevailing party shall be entitled to recover their or its costs incurred therein, including reasonable attorney's fees. 7. Exhibits. All exhibits attached hereto and the recitals contained herein are incorporated herein as if set forth in full herein. 8. Successors and Assigns. This Agreement, the Easement herein granted, and the covenants and agreements herein contained shall inure to the benefit of and be binding upon the parties hereto and their successors and assigns to the above- described Dominant and Servient Estates, or any portion thereof. 9. Recordation. This Agreement shall be recorded in the Real Property Records of Ada County, Idaho. Permanent Easement Page 2 of 3 IN WITNESS WHEREOF, the undersigned have caused this Easement to be r� executed the day, month and yea se forth above. i GRANTOR(S): {" o° J. Ramon Yorgason Marilyn Yorgason STATE OF IDAHO ) ss. County of Ada ) On this 1 s t day of August , 20Q_, before me, DeVona D. Luke , a Notary Public in and for the State of Idaho, personally appeared J. Ramon and Marilyn Yorgason, known or proved to me to be the person(s) who executed the foregoing instrument, and acknowledged to me that (he/she/it/they) executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. UeVONA D. LUKE NOTARY PUBLIC 'TATE OF IDAHO Notary Public for Idaho Residing at Boise , Idaho My commission expires 08/27/05 Permanent Easement Page 3 of 3 LEGAL DESCRIPTION FOR PERMANENT SEWER EASEMENT PARCEL # SO436233850 OWNED BY J. RAMON AND MARILYN YORGASON This permanent sanitary sewer easement is situated within the S1/2 of the NWI/4 of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, State of Idaho. Being a sixteen foot strip of land more particularly described as follows: Beginning at a brass cap marking the Southwest corner of the NWI/4 of Section 36, Township 4 North, Range I West, Boise Meridian, Ada County, Idaho; Thence along the southerly line of said NWI/4 of Section 36 East, a distance 446.37 feet to the POINT OF BEGINNING. Thence leaving said southerly line North, a distance of 16.00 feet; Thence East, a distance of 1562.00 feet parallel with said southerly line of the NWI/4 of Section 36; Thence South, a distance of 16.00 feet to the southerly line of said NWI/4 of Section 36; Thence along said southerly line West, a distance of 1562.00 feet to the POINT OF BEGINNING. The easement described contains 0.57 acres more or less. EXHIBIT A-1 NW 1/4 COR. SEC. 36 N 1/4 COR. SEC. 36 M SECTION 36 T.4N., R.1W., B.M. Q NW 1/4 0 �W z J z NORTH LINE OF PARCEL W 0 U ZW N I Z J. RAMON AND MARILYN YORGASON Inst. #100082476 S1/2 IRRIGATION EASEMENT 16' PERMANENT EASEMENT 0.571 AC. 446.37'- W 1/4 COR. SEC. 36 -- 1562_ SECTION LINE_ AND SOUTH LINE OF PARCEL —J C 1/4 COR. SEC. 36 -P.O.B. REV. NO. DESC. BY: CK'D: CITY OF MERIDIAN PUBLIC WORKS DRAWN BY: _RG DATE: JULY 10 , 2001 PROJECT: 1999 "NO-NAME" SEWER TRUNK CK'D BY: __RE SCALE: N.T.S. APPROVED _ /U_�_o/ LEGAL: A PORTION OF SEC. _36 , DWG. No: RW.__._._.____ T.4 N., R.1 W., B. M., ADA COUNTY, ---- CITY ENGINEER DATE, DAHO. SHEET 1 0F