HomeMy WebLinkAboutSanitary Sewer Easement with Cooper, Edith E. for White Drain Sewer':
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SANITARY SEWER EASEMENT
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This Sanitary Sewer Easement (the "Agreement") is made and entered into this ~D
day of ~f_f7~ 20~, by and between Edith E. Cooper, 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
Senrient 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 and main
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.
CITY of Meridian
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By ~~~,,,
Gary Smith, P.E., Public Works Director
By:
ob Corrine, Mayor ,~~a~asa~e,~,~'~Xt
ATTEST:
Title: 1.~~%/.a~n ~- • ~ r+q , 3r, C.
City Council Approval Date:?
STATE OF IDAHO )
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County of Ada )
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On this ~ ~~ day of I~~~-t'~'l~~ 20 t~~ before me,
y~ ~: c~-.~°~n%' a Notary Public in and for the State of Idaho,
personally appeared t~~~`rr c~~>E~ _, 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.
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Notary Public daho
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Permanent Easement j Page 3 of 3
GRANTORS:
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Date: ,~ .-~ ; , ' ~1, ~~~ ~
Social Security Numbert,~i~'-.'~-~'~'~
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LEGAL DESCRIPTION FOR PERMANENT SEWER EASEMENT
PARCEL # SO436346650
OWNED BY Edith E. Cooper
This permanent sanitary sewer easement is situated within the W1/2, E1/2, SW1/4 of
Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, State of Idaho,
more particularly described as follows:
Commencing at the intersection of the West boundary and South boundary of Section 36,
said point also being the Southwest corner of said Section 36; thence South 89°53' East, a
distance of 1329.9 feet to the Southwest corner of said W1/2, E1/2, SW1/4 of said Section
36, thence continuing along the South boundary of said Section 36 a distance of 672.5 feet to
a iron pipe against a square creosote post, said pipe being the Southeast corner of the W1/2,
E1/2, SW1/4 of said Section 36; thence North along the East boundary of said W1/2, E1/2,
SW1/4 of said Section 36,1918.8 feet to the centerline of a live irrigation ditch; thence
continuing along said East boundary North a distance of 721.2 feet to the Northeast corner
of said W1/2, E1/2, SW1/4 of Section 36, to the POINT OF BEGINNING.
THENCE THE FOLLOWING COURSE
Thence North 89°53' West, a distance of 25.00 feet to a point;
Thence South, a distance of 13.45 feet to a point;
Thence South 54°44'49" East, a distance of 36.60 feet to a point on the East boundary of
said W1/2, E1/2, SW1/4 of said Section 36;
Thence North along said East boundary line a distance of 39.99 feet to the POINT OF
BEGINNING.
The easement described contains 0.015 acres more or less.
EXHIBIT A-1
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W 1 /4 COR. SECTION LINE AND NORTH LINE OF PARCEL ~ 672.5' DEED ~
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SEC. 36
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SEC. 36
1329.9' DEED Q 672.5' DEED
- S 1 /4 CDR.
W. SECTION LINE
USTICK ROAD SEC. 36
REV. NO. DESC. BY: CK'D:
CITY OF MERIDIAN PUBLIC WORKS
DRAWN BY: _ RC DATE: Na~• 1_, 200 ~ PROJECT:
cK'DBY: __RE SCALE: N.T.S. WHITE DRAIN SEWER TRUNK LINE
APPROVED:
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DWG. No: RW._._._._
T.4 N., R. ~ W., B.M., ADA COUNTY,
CITY ENGINEER DATE I DAH 0. SHEET 1 OF _ 1
EXHIBIT A-2
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this ~ day of ~~~-~~~~~ u'1 , Edith E.
Cooper, 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 "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.
CITY of Meri n
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By
Gary Smith, P. ., Public Works Director
By:
Rob Corri~, Mayor ~._a.~
ATTEST' ~--~ ~ ,3~''
Title: i~ ~~-~'. &/' '~cT~.
City Council Approval Date:
GRANTORS:
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Date: ~.rly _ /Q. d°L ~°~Gl
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Temporary Easement Page 2 of 2
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SW COR.
SEC. 36 S 89'53' E
1329.9' DEED Q 672.5' DEED _ S ~ /4 OOR.
SECTION LINE
W. USTICK ROAD SEC. 36
REV. NO. DESC. BY: CK'D:
CITY OF MERIDIAN PUBLIC WORKS
DRAWN BY: _ R~ DATE: No~• ~_, 200? PROJECT:
cK'DBY: __RE SCALE: N.T.S. WHITE DRAIN SEWER TRUNK LINE
APPROVED:
LEGAL: A PORTION OF SEC. ~ ,
DWG. No: RW.
----
T.+_N., R. ~ W., B.M., ADA COUNTY,
CITY ENGINEER DATE I DAH 0. SHEET 1 OF _ ~
EXHIBIT B
Meridian City Council Meeting December 18, 2001
The regularly scheduled meeting of the Meridian City Council was called to order
at 6:30 P. M. on Tuesday, December 18, 2001, by Mayor Robert D. Corrie.
Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, Cherie
McCandless.
Members Absent: Ron Anderson.
Others Present: Gary Smith, Shari Stiles, Brad Watson, Bill Nichols, Mike
Worley, William Musser, Sharon Smith, Dean Willis and Will Berg.
Item 1. Roll-call Attendance:
X Tammy de Weerd O Ron Anderson
X Cherie McCandless X Keith Bird
X Mayor Robert Corrie
Corrie: We welcome everybody here tonight and wish you a very Merry
Christmas and a Happy New Year, in case you don't come back before our next
meeting after -- well, I guess you won't, because this is the last meeting we are
having this year. So a Merry Christmas and a Happy New Year from all of us
here. I will open the Meridian City Council regular meeting on Tuesday,
December 18, 2001, and 6:30 P. M. in the Council Chambers and I will ask the
City Clerk to give roll call attendance, please.
Item 2: Adoption of the Agenda:
Corrie: Okay. The next item is the adoption of the Agenda. Let me inform the
people in the audience that Item Number 17, which is a Public Hearing request
for Conditional Use Permit for an alternative school for Middle School and High
School age students in an R-4 zone for the Joint School District No. 2, has been
pulled from the agenda. They have pulled the request for a Conditional Use
Permit, so we will not have Item Number 17 tonight. We won't have it. They
pulled it off, so -- Council have any other things for the Adoption of the Agenda?
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: On the Consent Agenda, Item Number O, which is the Five Mile Trunk
Late-comer Agreement, needs to be pulled and tabled to January 15, 2002, so
our attorney can do some looking over the agreement.
Meridian City Council Meeting
December 18, 2001
Page 2
Corrie: Okay. Item O on the Consent Agenda on the Five Mile Trunk Late-
comer Agreement will be tabled until the January 15, 2002.
Bird: And Mr. Mayor?
Corrie: Mr. Bird.
Bird: With the other Council people's permission on 7 we have - we are not
moving anything from the Consent Agenda, but we forgot to get something on
there, so if we could put the appointment of our new Planning and Zoning
Commissioners on Item Number 7, I'd appreciate that, if that's agreeable.
Corrie: Okay. Any other Commissioners -- you want that put on Item Number 7?
Bird: Yes. No, on Item Number 7, because we don't have -- unless you want to
give us the names. I just thought we'd put it there. We are not moving anything
from the Consent Agenda.
Corrie: That would be fine. Okay. Then hearing nothing, I will entertain a motion
for the Adoption of the Agenda.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I move we approve the adoption -adopt the agenda as --
Corrie: Okay. Motion has been made. A second?
McCandless: Second.
Corrie: All in favor of the motion say aye. Opposed no. All ayes. Motion
carried.
MOTION CARRIED: THREE AYES AYES, ONE ABSENT
Item 3. Consent Agenda:
A. Approve minutes of November 13, 2001 City Council
Regular Workshop:
B. Approve minutes of November 20, 2001 City Council
Regular Meeting:
C. Approve minutes of November 27, 2001 City Council
Regular Meeting:
Meridian City Council Meeting
December 18, 2001
Page 3
D. Approve minutes of December 4, 2001 City Council Regular
Meeting:
E. Findings of Fact and Conclusions of Law for Approval:
VAR 01-016 Request for a Variance requiring submittal of a
Final Plat within one year of the previous phase in an R-4
zone for Turtle Creek Subdivision No. 3 by Turtle Creek,
LLC -west of North Linder Road and south of West Ustick
Road:
F. Findings of Fact and Conclusions of Law for Approval:
AZ 01-014 Request for annexation and zoning of .66 acres
from R-1 to R-8 zones for Ted Cunningham by Ted
Cunningham -125 Blue Herron Lane:
G. Findings of Fact and Conclusions of Law for Approval:
PP 00-023 Request for Preliminary Plat approval of 30
building lots and 2 other lots on 16.4 acres in an R-4 zone
for proposed Autumn Faire Subdivision No. 2 by Gemstar
Properties, LLC -east of North Black Cat Road and south of
West Ustick Road:
H. Findings of Fact and Conclusions of Law for Approval:
VAR 01-017 Request for a Variance for Time Extension of
one year time frame for Final Plat recording in an R-4 zone
for Ashford Greens Subdivision No. 5 by Brighton
Corporation -east of North Black Cat Road and north of
West Cherry Lane:
I. Lease Agreement with Meridian Area Senior Citizens
Association:
J. Beer, Wine, Liquor License 2002 Renewals:
K. Ashford Greens Subdivision No. 5 Streetlight
Agreement:
L. Bear Creek No. 3 Streetlight Agreement:
M. White Drain Trunk Sewer -Edith Cooper Easement:
N. South Slough Sewer - Kennivick, et al, Easement:
O. Five Mile Trunk Latecomer Agreement:
Meridian City Council Meeting
December 18, 2001
Page 4
P. Swire Coca-Cola Addition -Waterline Easement:
Q. Hark's Comer -Water and Sewer Line Easements:
Corrie: Item 3 is the Consent Agenda.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I move we approve the Consent Agenda with the one exception of Item O,
the Five Mile Late-comers Agreement to be tabled until January 15, 2002, and --
De Weerd: Second.
Corrie: Okay. Motion has been made and seconded to approve the Consent
Agenda, except for Item O to be tabled to the January 15, 2002, meeting.
Further discussion? Mr. Clerk, roll call vote, please.
Roll Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, absent.
MOTION CARRIED: THREE AYES, ONE ABSENT
Corrie: Okay. All ayes, motion is carried.
Item 4. Swearing in Police Officer Audra Urie:
Corrie: Welcome you scouts that just came in just now. Troop 185. Welcome.
Okay. Item Number 4 is the swearing in of Police Officer Urie. So if Audra Urie
would come down and Chief?
Worley: Thank you, Mr. Mayor and Council. Mr. Mayor and Council, our latest
addition to the Meridian Police Department Audra Urie comes to us -- she's
originally from Twin Falls and moved to this area. She has a Bachelor's Degree
in education from Boise State University and is currently working on her Master's
Degree, which she will have this spring. She's taught for the last 10 years in the
Meridian School District, the last seven, 1 believe, at the Meridian Academy and
we are very fortunate to have her join our ranks. Audra, do you have some
people here to wish you well and if you want to introduce them.
Urie: I just have a few friends here and my family and my two daughters, Ashley
and Berkley.
Worley: Okay. Mr. Mayor, if I could ask you to administer the oath.
(Audra Urie sworn as a Meridian Police Officer.)