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HomeMy WebLinkAboutSanitary Sewer Easement with Kennedy, John L. for White Drain Sewerr~ECa~aEa - ~~aa~ ~- g ~r~`d'~~ P~~VA~tr2~i G( FEE ~ aE~'UT4`..~..~G~~ 20010C-4 PI°1 1 45 101 102764 ../ -,~7~ `~ This sheet has been added to document to accommodate recording information. Tni.~T ~ /o//aa7G5~ SANITARY SEWER EASEMENT This Sanitary Sewer Easement (the "Agreement") is made and entered into this g day of 20Q~, by and between John L. Kennedy, the "Grantor(s)," and the CITY O 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 executed the day, month and year set forth above. GRANTOR(S): o ,~~ ~/v / aco/ ~T STATE OF IDAHO ) ss. County of Ada ) n this day of ~~ 20~_, before me, Notary Public in and for the State of Idaho, personally appeared N NEA 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 fFtis certificate first above written. oys~. BRt~+~~ O ~ ,~oT~ry ~ Notary Public f Ida * ~~- t Residing at IS Idaho ~L<<, O My commission expires ~~ o~ to~~ Permanent Easement Page 3 of 3 LEGAL DESCRIPTION FOR PERMANENT SEWER EASEMENT PARCEL # 50436314800 OWNED BY John L. Kennedy This permanent sanitary sewer easement is situated within the SE1/4 of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, State of Idaho Being a 40.00 foot strip of land more particularly described as follows: Being the north 40.00 feet of the North 10 acres of the North half the East half of the East half of the Southwest Quarter of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho. EXCEPTING THEREFROM the East 29 feet thereof. The easement described contains 0.55 acres more or less. EXHIBIT A- I 40' PERMANENT EASEMENT SECTION LINE AND NORTH LINE OF PARCEL C 1 ~4 COR. SEC. 36 0.55± AC. JOHN L KENNED _ Y 0.55+ AC. Inst. #7934725 ~ I SOUTH LINE OF PARCEL 29' EXCEPTION Q z ~ . J SECTION 36 T.4N., R.1W., B.M. w o Z ~~ SW 1 /4 z W J `~ Z W. USTICK ROAD J SECTION LINE ~~N Ji3i i /~-Z REV. N0. DESC. BY: CK'D: CITY OF MERIDIAN PUBLIC WORKS DRAWN BY: _ RC DATE: ~~?' ~_, 200 PROJECT: cK'o BY: __ RE SCALE: N.T.S. ~ 999 "NO- NAME" SEWER TRUNK APPROVE ~~~~ ~a'Z-a~ LEGAL: A PORTION OF SEC. _36 , DWG. No: RW.__._._.__ T.±N., R.t W., B.M., A DA COUNTY, CITY ENGINEER DATE IDAHO. SHEET 1 OF i TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this ~ day of \ ~, John L. Kennedy, the "GRANTOR" and THE CITY OF RIDIAN, 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 "B" 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): ~ OO Temporary Easement Page 2 of 2 40' TEMPORARY EASEMENT - ~ 40' PERMANENT EASEMENT ~ I SECTION LINE AND NORTH LINE OF PARCEL ~ C 1 ~4 COR. SEC. 36 0.55± AC. JOHN L KENNEDY 0.55+ AC. Inst. #7934725 - - - -i - - - 1 T 40' TEMRORARY EASEMENT - - I ' SOUTH UNE OF PARCEL 29' EXCEPTION M Q O J ~ w ~ Z SECTION 36 T.4N., R.1W., B.M. ~ w o ~ ~ ° .~ SW 1 /4 z W N Z W. USTICK ROAD SECTION UNE ~~ ~ a1 I REV. N0. DESC. BY: CK'D: CITY OF MERIDIAN PUBLIC WORKS DRAWN BY: _ Rc DATE: ~u~Y ~_, 200? PROJECT: CK'D BY: __ RE SCALE: N.T.S. ~ 999 "NO-NAME" SEWER TRUNK APPR OVED: ~~ /d ~ 2-0 / LEGAL: A PORTION OF SEC. _~_, DWG. No: RW.__._._.__ T.4 N., R.? W., B.M., ADA COUNTY, CITY ENGINEER DATE IDAHO. SHEET 1 OF ~ Meridian City Council Meeting July 17, 2001 Page 12 Watson: Councilman Anderson, Mayor and Council. They in fact test-drove this for about three weeks earlier this spring. That's why they had their eye on this one. I told them we had to go through the formality of bidding it to be legal. They have test drove it and it works fine. It's only as big as it needs to be. Anderson: Okay if they're happy with it. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we award the contract for the front end loader to Cesco in the amount of 42,347 dollars contingent upon a change order being executed in the next two weeks that reduces the equipment cost to 38,5 dollars and authorize the Mayor to sign the City Clerk to attest the contract. Anderson: Second. Corrie: Okay. Motion been made and seconded to approve the recommendation of the Public Works and have Cesco Inc. in the contract awarding. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT 2. White Drain Trunk Sewer -Easement and Right-of- way Contract Approval: Watson: Thank you Mayor and Council. The second item is an easement and right-of--way contract for the White Drain Trunk Sewer. This is one of the several along that corridor. Specifically it's for John Kennedy who owns property immediately west of the proposed Cedar Springs Subdivision. It's not a very long easement but it was signed last week. We would recommend that the easement right-of--way contract be approved. If there are any questions I'll answer those. Bird: I have none. Corrie: All right, I'll entertain a motion on the recommendation. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move that we approve the sewer easement and right-of--way contract of John L. Kennedy and authorize the Mayor to sign and the City Clerk to attest. Meridian City Council Meeting July 17, 2001 Page 13 Bird: Second. Corrie: Motion been made and second to approve the sewer easement and right-of--way contract with John L. Kennedy. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT B. Parks and Recreation Department -Tom Kuntz Bear Creek Utility Plan Design Agreement: Corrie: Item B, Parks and Rec. Department, Mr. Kuntz. Kuntz: Thank you Mayor and Council. I have one item for your consideration tonight. As part of the design of Phase 1 of Bear Creek Park, we did not include a utility plan because we did not anticipate developing the interior of the park other than grass for at least a couple years. With the anticipated addition of two softball fields, we feel its essential now to install water and power, not only to those areas but also to the different playground, future playground areas. We also recognize that there were no lights planned for the two parking lots so that would be part of also the utility plan. We have for your consideration tonight an agreement from Briggs Engineering to provide that service at 3,500 dollars and for the plan to be completed by the end of July. Staff is recommending approval of the agreement. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: Tom, is this figured in within the budget that's been allocated? Kuntz: Yes ma'am. De Weerd: Okay. Corrie: Any further questions? Bird: I have none. Corrie: Okay. I'll entertain a motion on the request. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd.