HomeMy WebLinkAboutTemporary Construction Agreement 1052 East Sicily Street Sewer Service HendryRECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Meridian
33 E Broadway Avenue
Meridian, ID 83642
ADA COUNTY RECORDER Christopher D. Rich 2018-111710
BOISE IDAHO Pgs=4 BONNIE OBERBILLIG 11/26/2018 10:05 AM
CITY OF MERIDIAN, IDAHO NO FEE
(Space Above For Recorder's Use)
TEMPORARY CONSTRUCTION EASEMENT
This TEMPORARY CONSTRUCTION EASEMENT ("Easement") is made and entered into
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this 12L!day of 2018 'Effective Date"), by and between the CITY OF
MERIDIAN, a municipal corporation organized under the laws of the State of Idaho ( "City"), and
CHRISTOPHER AND JANICE HENDRY individuals whose address is 1052 E Sicily St, Meridian,
Idaho (hereinafter "Customers") (collectively, "Parties").
WHEREAS, City is a municipal corporation organized and operating pursuant to Idaho Code
Title 50, as amended and supplemented with jurisdiction, authority and police power to regulate and
control municipal activities within the City; and
WHEREAS, Customers are the owners of parcel number R7897340370, located at 1052 E.
Sicily Street, Meridian, Idaho, in Ada County, Idaho (hereinafter "Subject Property"); and
WHEREAS, the City is authorized by Idaho Code section 50-332 to operate and maintain a
domestic sewer system, and the City does exercise such authority,"'ificluding by the adoption and
enforcement of Title 9, Chapter 4, Meridian City Code; and
WHEREAS, the Subject Property has a sewer set -vice that was installed at reverse grade from
the sewer main in E. Sicily Street to the property line when the subdivision was developed; and
WHEREAS, the City is responsible for the operation and maintenance the sewer service from
the tap at the sewer main to the property line; and
WHEREAS, the City will need to construct a new sewer service from the sewer main to a point
on the Subject Property where the sewer service can be installed; and
WHEREAS, the City desires to obtain, and Customers desire to grant, the Customers'
permission to enter onto the Subject Property, on a temporary basis, to perform the construction of a
new sewer service;
NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and
agreements herein contained, the Parties hereto agree as follows:
1. Right of Eptry. The Customers hereby grant to the City, and to City's agents, employees and
contractors, a temporary easement over and across the Subject Property, with the temporary
right to enter onto the Subject Property, for the purpose of performing the construction of a
new sewer service. City shall have and hold the said easement and right of entry, until the new
sewer service is constructed.
2. Term. This Easement shall automatically terminate thirty (30) days from the Effective Date
unless earlier terminated as provided herein. The term may be extended by Customers by
written notice to the City.
3. Liens. The City shall not permit to be placed against the property, or any part of, any design
professionals', materialmen's, contractors', or subcontractors' liens with regard to the City's
actions upon the Subject Property. The City agrees to hold the Customers harmless for any
loss or expense, including reasonable attorney's fees and costs, arising from such liens which
might be filed against the Subject Property.
4. CoMpliance with Laws/Permits. The City shall in all activities undertaken pursuant to this
Easement, comply and cause its contractors, agents and employees to comply with all federal,
state, and local laws, statues, orders, ordinances, rules, regulations, plans, policies, and
decrees. Without limiting the generality of the foregoing, the City, at its sole cost and
expense, shall obtain any and all permits which may be required by any law, regulation, or
ordinance for any activities the City desires to conduct or direct pursuant to this Easement.
5. Not Real Property Interest. It is expressly understood that this Easement does not in any way
whatsoever grant or convey any permanent easement, lease, fee or other interest in the Subject
Property to the City. Easement
6. Attorney fees. Should any litigation be commenced between the Parties hereto concerning
this Easement, the prevailing party shall be entitled, in addition to any other relief as may be
granted, to court costs and reasonable attorney fees as determined by such court. This
provision shall be deemed to be a separate contract.
7. Termination. Grounds for termination of this Easement shall include, but shall not be limited
to: an act or omission by either party which breaches any term of this agreement; an act of
nature or other unforeseeable event which precludes or makes impossible the performance of
the terms of this agreement by either party; or a change in or occurrence of circumstances that
renders the performance by either party a detriment to the public health, safety, or welfare.
This Easement may be terminated at any time by either party upon three (3) business days'
written notice to be served upon the other party.
8. Assignment. This Agreement and each and all of the terms and conditions hereof shall apply
to and are binding upon all employees, agents, contractors, officials, officers, servants, guests,
invitees, successors, and assigns of the parties.
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Meridian City Council Meeting Agenda November 20, 2018 — Page 110 of 370
9. Restoration of the Property. Upon the termination or revocation of this Easement, the City
shall, at its; own cost and expense, restore the Subject Property to its prior condition in which
it was prior the City's entry.
10. Entire Agreement. This Agreement contains the entire agreement of the parties and
supersedes any and all other agreements or understandings, oral or written, whether previous
to the execution hereof or contemporaneous herewith.
11 Approval required. This Agreement shall not become effective or binding until approved by
the Meridian City Council.
12. Recordation. City shall record this Easement, at City's cost.
IN WITNESS HEREOF, the parties hereto have executed this Easement on the day and year herein
first written.
ELISABETH P EGBERT'
Notary Public • State of Idaho
Commission Number 20180627
My Commission Expires Apr 9, 2024
Janice Hendry
ELISABETH P EGBERT
Notary Public .. State of Idaho
Commission Number 20180627
My Commission Expires Apr 9 2024
STATE OF IDAHO )
)ss:
County of Ado- ) J(C-L
I HEREBY CEat on this day of
before the undersigned, a Notary Public in the State of Idaho,
personally appeared CHRISTOPHER HENDRY, proven to me to be
the person who executed the said instrument, and acknowledged to
me that he 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.
Nosy Public r Idaho 1.1
Residingat
160 - - ,Idaho
My Commission Expires:
STATE OF IDAHO
ss:
County of A ) j�
I HEREBY CERTIFY that on this a L/ day of
before the undersigned, a Notary Public in the State of Idaho,
personally appeared JANICE HENDRY, proven to me, to be the
person who executed the said instrument, and acknowledged to me
that she 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. "I e
Not Public for Idaho
Re ding at 6MS—e—, Idaho
My Commission Expires: pa Zn
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Meridian City Council Meeting Agenda November 20, 2018 — Page 111 of 370
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Attest:
C y Col s City Clerk
STATE OF IDAHO )
ss:
County of Ada
I HEREBY CERTIFY that on this day of I 6yeMbe , 2946 before the undersigned,
personally appeared Tammy de Weerd and C.Jay Coles, known or identified to me to be the Mayor
and City Clerk, respectively, of the City of Meridian, who executed the instrument on behalf of the
City of Meridian, and acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
Jill Ll llfbT ten.
CC1MN16��1
NOTA
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my COMTA (' r
",)rj Notary Public for I aho
Residing at Q/�,(- % o , Idaho
My Commission Expires: '-� -99 •p.0112''
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