HomeMy WebLinkAboutOre-Ida Council Inc. Boy Scouts of America for the Construction, Maintenance and Operation of a Sanitary Sewer Line at Nine Mile CreekEasements for the Construction,
Maintenance and Operation of a
Sanitary Sewer Line/
These Easements are granted this ~^'day of August,1992, by the
Ore-Ida Council, Inc., Boy Scouts of America, an Idaho corporation hereinafter referred
to as the Grantor, to the City of Meridian in Ada County, Idaho, hereinafter referred to
as the Grantee, for the following reasons, which constitute material consideration and
not mere recitals:
A. The Grantor is the owner of the real property hereinafter described,
and the Grantor desires such property to be served by a sanitary sewer system.
B. The Grantee has agreed to provide within one (1) year of the date
hereof sanitary sewer service to the Grantor's property and other property, and in order
to do so, the Grantee requires the easements hereinafter granted.
Now, therefore, in consideration of the foregoing premises, and the
mutual terms, conditions and covenants hereof, and other good and valuable
consideration, the parties hereby agree as follows:
1. Grant of Construction Easement. The Grantor hereby grants to the
Grantee an easement over a strip of land 35 feet wide lying adjacent to and pparallel with
the north line of that parcel of land located in a portion of the SW 1/4 SE 1/4 of Section
18, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, said
parcel being more particularly described as follows -
Commencing at the South 1 /4 corner of Section 18, T.3N., R.lE., B.M.,
Meridian, Ada County, Idaho; thence, N.0°28'14"E. 1094.01 feet on the westerly
boundary of said SE 1/4, Section 18 to a 5/8" diameter iron pin; thence leaving said SE
1/4, Sectlon 18, 5.89°34'00"E. 361.00 feet to a 5/8" iron pin, sazd iron pin being the
TRUE POINT OF BEGINNING;
thence continuing S.89°34'00"E. 301.80 feet to a 5/8" iron pin;
thence, S.0°28'32"W. 288.68 feet to a point of calculation;
thence, N.89 °34'00"W. 301.77 feet to a point of calculation;
thence, N.0°28'14"E. 288.68 feet to the TRUE POINT OF BEGINNING -
for the sole purpose of constructing a twelve inch Schedule 40 PVC pipeline (of food
quality and adequate strength and other characteristics for its intended use) buried at
least eight feet below current grade and running parallel to and a distance of
approximately ten feet from the Northern boundary of the Grantor's property described
above. The construction of said sanitary sewer line shall be planned, undertaken and
completed in such a manner as to minimize disturbance of the Grantor's property
(including improvements) and the Grantor's use of its property and improvements.
The sanitary sewer line will include within the boundaries of the Grantor's property a
stub or connection appparatus permitting the Grantor to connect facilities on its property
to the sanitary sewer 1me and system.
Z. Grant of Maintenance and Operation Easement. The Grantor
hereby grants to the Grantee an easement over the Northern twenty feet of the thirty-
five foot strip described in section 1, above, for the sole purpose of maintaining and
operating the constructed sanitary sewer line. It is understood and agreed that
maintenance and repair includes repair and replacement of the sewer line, which the
Grantee, at its sole cost and expense, shall cause to be done as needed, consistent with
Sanitary Sewer Easements -1
_.~ ° ,
prudent, usual and customary standards for the operation, maintenance, repair and
replacement of sanitary sewer lines such as the one constructed, using materials of like
or better grade than those used in original construction. The Grantee's use of the
easement hereby granted shall be planned and undertaken in such a manner as to
minimize disturbance of the Grantor's property (including improvements) and the
Grantor's use of its property and improvements. In making future repairs or
replacements and in the construction of the sewer line, the Grantee, at its sole cost and
expense, will expediently replace and restore the premises and improvements to a
condition comparable to that existing prior to undertaking such construction, repairs or
replacements.
3. Improvements. The Grantor hereby covenants and agrees not to
place any permanent budding structure in the area described for this maintenance and
operation easement which would interfere with the use of said described easement for
the purposes stated herein. It is expressly understood and agreed that the Grantor
reserves the right to place other improvements over or within the easement areas
described above, including by way of illustration but not limitation, landscaping,
fences, pavement, parking bumpers, signs, ditches, drains and other improvements.
The Grantor further reserves the right, after the construction easement expires or the
construction is completed, whichever occurs first, to place building structures within
the southern fifteen feet of the construction easement right-of-way.
4. Duration of Easements. The construction easement granted above
will expire six months from the date hereof. If the construction of the sewer line
through the Grantor's property is not completed within said six month period, the
operation and maintenance easement will also expire concurrently with the expiration
of the construction easement. If the sewer line is so completed, the operation and
maintenance easement will continue until the sanitary sewer system is completed and
so long as the Grantee continuously utilizes the sanitary sewer lme and matntains the
same in good repair; provided, however, if the sanitary sewer system is not completed
and in use by September 1,1993, then the maintenance and operation easement hereby
granted shall expire on that date, and the Grantee will immediately quitclaim and
reconvey to the Grantor all rights and interests hereby created.
5. Indemnity. The Grantee hereby undertakes and agrees to
indemnify, defend, reimburse and hold harmless the Grantor from and against any and
all losses, damages, costs, claims or expenses (including but not limited to attorney fees
and expenses, whether or not litigation or any other proceeding is commenced, and also
on appeal, if any) arising out of or in any way related to the sewer line (includingg sewer
or other material carried in it or that may escape or otherwise be released from it), the
construction, maintenance, operation, repair or replacement of the sewer line or the
repair and replacement of the Grantor's property or any improvements to or upon it.
6. Acce tance and Recording. Upon the com letion of the sanitary
sewer line as described wtthin the six month perio p, the Grant e shall be authorized, at
the Grantee's sole cost and expense, to record this instrument in the records of Ada
County, Idaho. Such recording shall constitute the Grantee's representation and
warranty that the construction of the sewer line has been completed on the terms
hereof. f the same has not been so completed within said time period, the Grantee shall
not record this instrument, but shall immediately return it to the Grantor, and it shall
have no further force or effect (except for the Grantee's obligations specified in section
5, above, which shall be continuing and enforceable against the Grantee).
Sanitary Sewer Easements - 2
7. Interpretation and General Matters. Time is of the essence of this
agreement. This agreement shall be binding upon and inure to the benefit of the parties
and their respective heirs, successors, and asstgns, and the benefits and burdens hereof
shall run with the land. This is the entire agreement between the parties, superceding
all prior and other negotiations, understandings, and discussions, and it shall not be
modified except in writing, signed by the party or parties to be bound.
In witness whereof, the parties have caused this instrument to be duly
executed and delivered on the day and year first above written.
Grantor:
Ore-Ida Council, Inc. Boy Scouts of America
By
Its P e ent
Grantee:
City of Meridian
Its Mayor ~~~
Sanitary Sewer Easements - 3
:;269032
•~ • ~ 4•
J. DAVi~::~ ~;, ,RRr.,
RECORD.R 4Y ~~~~~
State of Idaho )
) Ss ~aoo
County of Ada ) 'g~ OCT 9 flf~ 9 `f5
On this `'~d~ ay of 199?_/ before me, a notary
ublic ' an~~..~~oor aid county and state, pe onally appear
~, (gyp/ known to me to be the of
the named in the above instrument,
and ac now e ge to me that _he_ e ecuted the same in the capacity therein stated.
In witness whereof, I have hereunto set may hand and affixed my official
seal in said county on the day and year first ah~~~P w+'~+tan-
9ti°~ 8 R a; '~
~~
s +~~i~a
:, ~ ~~~,,
.~
.•
State of f'&~~ ~ 3 ~ J '~
°reeE lnn H~~~) SS
County of Ada )
On this ~~ day of 9efv~'' ,199` before me, a notary
public in and for said county and state, personally appeared
6~eAn r f? ~C'inGS~oxo ,known to me to be the MAY02 of
/NEILIt~IAN t ~A.QMO the G2ANTEE named in the above instrument,
and acknowledged to me that _he_ executed the same in the capacity therein stated.
In witness whereof, I have hereunto set may hand and affixed my official
seal in said county on the day and year first above written.
`,``` ~,,,~~~..,,,,, i~,,
~Q~ay,, ~ma. S~~~y ~I
_ ~~TSShsy^~ _ NotaryP is rldaho
Y ~ = Residing at . ~GLp.li'N"
~ ~ Ug ~~G s ~- My commission expires: lO-26-991
i ~.~ ~~g+MB~12~106~\~.i ;~
Sanitary Sewer Easements - 4
r•. ;
OFFICIALS
JACK NIE MAN N, City Clerk
JAN ICE GASS. Treasurer
RRUCE D. STUARt. Water Works Su01~
WAVNE G. CROOKSTO N, JR., Attorney
EARL WARD, Waste Water SUDt~
KENNY BOWERS, Fire Cttiet
BILL GOROON, Police Cnlel
GARY SMITH, Clty Engineer
HUB OF TREASURE VALLEY
A Good Place [o Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAH083642
Phone (208)888-4433
FAX (208) 887-4613
G RANT P. KINGSFORD
Mayor
September 17, 199
Ore-Ida CouncJl, Inc.
-oy Sco~Jts of Rmerice
1121 Scout Lane
Noise, Idaho 837212
RE: Sanitary Sewer Easement
SW 1/4 SE 1/4 of Section 18, T.3N.,
R. 1.E. , D. hi. , Rda County
Gentlemen:
COUNCILMEN
RONALD R. TULSMA
ROBERT GIESLER
MAX YERRINGTON
ROBERT D. CORRIE
CNalrmen 2oning & Planning
JIM JOHNSON
We appreciate your grantgng of the sanitary sewer line easement
to the City of Meridian for construction of the line by the
developer of Sportsman Pointe Subdivision. Dur city continues to
grow and of co~.lrse the availability of sanitary sewer is the key
to that growth.
Properties aiorlg this sewer line extension, including yours, will
be able to r_onnect to this line in the future conditional to:
The property owner payment of applicable sewer
assessment and late-comer fees, and
2. The availability of capacity in the sewer line and at
the wastewatey^ treatment plant to treat the effluent.
We obviously do not expect item No. 2 to be a factor in future
connections but, the rate of actual growth versus proiections
along with treatment conditions imposed on I-,s by the
Environmental Protection Agency (EPA) could cause some delay.
The above is presented to clarify your future connection to the
sewer system as yoLl have outlined in the easement agreement in
Item-R Page 1 and the last sentence of the 3rd paragraph of Item
8. 1. - Page 1.
R minor clarification is also needed in the material type of
pipeline stated in the first line of the 3rd paragraph of Item
B. 1. - Gage 1. The pipe and fittings shall be GVC Type PSM
meeting the requirements of RSTM 3034 having an SDR of 35. This
is the sewer pipe specification used throughout the City.
Rgain, we appreciate your willingness to grant this easement and
repuest your signature on the line provided below as an
acceptance of the above clarifications to the easement document
you have previously returned to us.
Sincerely,
Grantee:
arySmith, P.E.
City of Meridian - City Engineer
Grantor:
0 e-I u il, Inc.
8o Scouts of Rmerica