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SANITARY SEWER EASEMENT
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This Sanitary Sewer Easement (the "Agreement") is made and entered into this ?
day of Octab~.r , 2001 , by and between Youngs Land LTD also shown as Young
Lands, LTD, 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 Senrient
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 Assiqns. 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
executed the day, month and year set forth above.
STATE OF IDAHO )
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County of Ada )
On th is ~ day of ~~ ~(''~ 20 ~ ~ before me,
I~l'.LA~ L~ 13.r-uJc~-T~ a Notary Public in and for the State of Idaho,
personally appeared ,~A~Rty D ~ ~¢d Aiw-/ ~n,~~l !f ,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 aboveayritten.
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Permanent Easement Page 3 of 3
GRANTOR(S):
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DESORlFT10N FOR YOUNG PROPERTY PORTION OF
SANITARY SEYVER EASEiNE>\iIT
PROPOSED i3R1DGETOYVE}~ Cfi~O551NG SUBDIYl510N
July 16, 2001
A permanent easement for sanitary sewer line construcfion and maintenance, -ocated in
the East % of Section 35, Township 4 North, Range 1 West. Boise Meridian, Ada County,
Idaho, being a strip of land 32 feet in width being 12 feet right of (south) and 20 feet left of
(north}, together with a temporary construction easement being a strip of land 40 feet in
width lying north of and adjacent to the permanent easement, as defined by the following
described centerline;
Commencing at the soutflwest comer of the NW %. (West'/ comer) of Section 35,
Township 4 North, Range 1 West, Boise Meridian; thence S 89°10'54" E 2622.95 feet to
the center'/. comer of said Section 35, thence N 00°26'55" E 271.71 feet along the west
line of said the East'/z to the REAL POINT OF BEGINNING of this easement centerline
description;
Thence N 90°00'00" E 238.43 feet to a point;
Thence S 02°00'00" W 130.49 feet to a point;
Thence S 46°34'46" E 74.67 feet to a point;
Thence N 90°00'00" E 413.19 feet to a point;
Thence S 75°19'07" E 274.43 feet to a point;
Thence S 60°00'00" E 250.19 feet to a point;
Thence S 82°25'52" E 163.33 feet to a point on the east line of the NW '/d of the SE '/a of
said section, the END POINT of this easement centerline description;
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70UNG PORTION SANITARY SEWER EASEMENT Rf,~oN
?120POS£D BRIDGETOIPER C803SING 3IIBDIVIJiON
LOG1~ IN SEL710N 35. T.~id.. R.1ML. @.il. SHEET
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TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this 2 rd day of Q~to~'r" 2001 ,
Youngs Land LTD also shown as Young Lands LTD, the "GRANTOR" and THE
CITY OF MERIDIAN, a body politic and corporate of the State of Idaho, the
"GRANTEE";
WITNESSETH:
FOR VALUE RECEIVED, and for the term and uses and on the terms and
conditions hereinafter set forth, GRANTOR does hereby grant to the GRANTEE an
easement (the "EASEMENT') under, over, through and across that certain real property
owned by GRANTOR situated in the COUNTY OF ADA, STATE OF IDAHO more
particularly described or depicted on Exhibit "A-1" and "A-2" attached hereto and by this
reference made a part hereof (the "Servient Estate").
This grant is made on the following terms:
1. Authorized Uses by GRANTEE. The GRANTEE's use of the Easement granted
herein shall be in connection with the construction of a sanitary sewer trunk for access
and egress for equipment and vehicles, for construction, excavation, storage of earth and
other materials thereon, for surveying, and for all other reasonable uses that are
necessary, advisable or convenient to GRANTEE in connection with such sewer
construction and improvement, and for ingress and egress to and from the area of
construction.
2. Use by Others Under GRANTEE. The GRANTEE's right to so use the Servient
Estate during the term of the Easement shall extend to use by GRANTEE's elected
officials, employees, contractors and agents.
3. Term This Easement shall be for a term commencing on the date of the
GRANTOR's execution of this Indenture and terminate on the completion of the sanitary
sewer trunk project construction. On the expiration of the term of this Easement, the
rights and privileges granted to GRANTEE hereunder shall cease and terminate and this
Easement shall be null and void and of no further force and effect.
4. Indemnification. GRANTEE hereby indemnifies and holds GRANTOR harmless
from and against any and all loss, injury, death and damage, and attorneys' fees and
costs that might be incurred by GRANTOR in defending any such claim, that shall result
from the use of the Servient Estate by GRANTEE, its elected officials, employees,
contractors and agents, hereunder.
5. Restoration on Expiration of Term. On the expiration of the term of this
Easement, the Servient Estate shall be restored by GRANTEE, at its sole cost and
expense, to at least as good a condition as existing on the date of this Indenture.
6. Binding Effect. This Easement, and the covenants and agreements herein
contained, shall, during the entire term hereof, be binding upon and inure to the benefit of
(i) GRANTEE AND GRANTOR, respectively, and their successors and assigns.
Temporary Easement Page 1 of 2
TO HAVE AND TO HOLD this Easement unto the GRANTEE for the term hereinabove
set forth.
GRANTOR covenants to the GRANTEE (a) that the GRANTEE shall enjoy the
quiet and peaceful possession of the Servient Estate throughout the term hereof; and, (b)
GRANTOR warrants to the GRANTEE that GRANTOR is lawfully seized and possessed
of the Servient Estate and has the right and authority to grant this Easement to
GRANTEE.
IN WITNESS WHEREOF, this Temporary Construction Easement has been duly
executed by (alternate, if Grantor is a corporation or other entity: "and on behalf of the'
GRANTOR, the day, month and year herein first above written.
GRANTOR(S):
Temporary Easement Page 2 of 2
Meridian City Council Meeting
October 2, 2001
Page 12
Corrie: Yes.
Anderson: Do we need to reference this to something so that whoever is recording this
knows what document we are referring to? I see an Exhibit C up there in the comer.
Maybe we could refer to it as that. I don't know.
Corrie: Mr. Nichols.
Nichols: Mr. Mayor, Members of the Council, I would refer to the agreement, the
sanitary sewer line easements dated September 26, 2001.
Bird: Okay. September 2nd, 2001. Okay. The agreement --
Corrie: Okay. Good. Thank you, Mr. Anderson. Any further discussion? Hearing none,
all those in favor of the motion say aye. All ayes. Motion carried.
MOTION CARRIED: THREE AYES, ONE ABSENT.
Watson: Thank you, Mayor and Council. The third White Drain Trunk Sewer easement
is for a piece of property that is part of the Bridgetower project. It's owned by Young's
Land. This is directly west of the Howell property that you were looking at just a minute
ago. As you thumb through the packet, the actual easement that's -- I guess Gary just
handed it out to you. I don't think I included it in the packet, the actual easement form. If
you thumb through to the right-of-way contract, it's the fourth page back, about midway
down that page it has additional stipulations, and there is a rather long list of stipulations
on that easement and I would be happy to discuss any of those in detail if you have any
questions.
Corrie: Any questions on the additional stipulations?
Nichols: Mr. Mayor.
Corrie: Mr. Nichols.
Nichols: Brad, in connection with this list of requirements, would you, please, comment
on how difficult some of these may or may not be?
Watson: Mr. Nichols, Mayor, and Council, this was a very, very long negotiation
process on this one. There is one part that could be somewhat difficult and it has to do
with the sewer services into the trunk line and the coordination between our contractor -
- having our contractor doing it or their contractor doing it while we are out there.
Nichols: Brad, is there any limit on the number of connections? Are these connections
to be made without payment of any connection fees? Or what's to be -what's the
contemplation on these requirements?
Meridian City Council Meeting
October 2, 2001
Page 13
Watson: Mr. Nichols, Mayor, and Council, if you thumb through the very last page of
that, that I just handed out, it talks specifically about the arrangement between
Primeland and the City as to the sewer services being installed along there. We will
include it in our overall bid and there are 24 four-inch services will be reimbursed if the
bid price comes in at 125 or less. If it's over 125 or, quote, unquote, unreasonable, we
will deleted those from our project and coordinate with the developer - we will put
Primeland's contractor to install those while we are out there. That's probably the most
difficult part of this easement.
Corrie: Mr. Nichols, did that satisfy your question?
Nichols: Mr. Mayor, I believe it at least makes it more clear. I just was concerned about
the connection fee issue. But apparently this is just to put in the service stubs, so that
when there is development and an actual building that connects the sewer line they pay
their connection fees.
Corrie: Brad.
Watson: Mr. Nichols, yes, that's correct.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: Is number five a typical agreement? With the lots being done down, how do
you compensate for loss of crops when they have already hired this.
Bird: For the next ten years, whatever they --
Nichols: Mr. Mayor.
Corrie: Mr. Nichols.
Nichols: I think Brad - I think we have talked about this before. I think it's when the
construction goes in and tears up these alfalfa plants, it will take some mature alfalfa
plants out that won't be able to be -even if it's reseeded it will be awhile before there is
any crop or is it something different?
Watson: Mr. Mayor, the actual reason for this is we are building an access road through
that farmland. It's a permanent loss of crop.
De Weerd: Okay. Thanks.
Corrie: Any questions? Discussion? Okay. Hearing none, I'll entertain a motion on the
request.
Meridian City Council Meeting
October 2, 2001
Page 14
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move we accept the permanent and temporary construction sewer easement on
the Young's Land, LLC, and approve the right-of-way contract and authorize the Mayor
to sign and the Clerk to attest.
Anderson: Second.
Corrie: Motion has been made and seconded to accept the permanent and temporary
construction sewer easement to Young's Land, LLC. Any further discussion? All those in
favor of the motion say aye. Opposed no. Motion carried.
MOTION CARRIED: THREE AYES, ONE ABSENT.
3. South Slough Sewer Easements:
Watson: Thank you, Mayor, and Council. That's all I had for the White Trunk
easements. We have one South Slough easement to discuss and that should be
included -- a copy should be included within your packet. This is for Albert and Mary
Dobbin. It's up on the screen right now. This is a rather interesting one. I have attached
a copy of the letter that I wrote to them last week and all of these things listed in this
letter were conditions of them signing that easement. This permanent easement just to
the east of them is the -over here is the one that was approved last week that goes
through that residential house's site, lot nine, Youngstrom, that's going to be bored
through here. All of this in here is horse pasture. This area between the house and the
stable, this is a riding arena that's been built. We approached -this is Wingate Lane
right here, for your information. We approached them about coming along the South
Slough right here, but this bam -- this stable has been built really, really close to it and
the only option was to relocate the barn somewhere. So we went back and did a new
alignment coming right in front of the stable. The fencing on the riding arena is right in
here. So we would be sneaking right through -- through those two items. Sneaking with
a trackhoe, as Gary says. Tiptoeing through with the big equipment. Down Wingate
Lane, nonetheless. I would be happy to answer any questions you might have on all the
conditions that are listed in that letter. There is quite a laundry fist.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: How did we come about putting prices to some of this -- some of the
laundry list?
Watson: Councilwoman de Weerd, Mayor, and Council, the first couple are pretty easy.
We had appraisals from the value of the easement. The horse boarding we were