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SANITARY SEWER EASEMENT
T is Sanitary Sewer Easement (the "Agreement") is made and entered into this?g
day of OY , 20 vl by and between Dale E. Cooper & Kathy A. Cooper,
Husband and Wife, 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 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
By ~ /Z o/
Gary Smit , P.E., Public Works Director
By
Rob rt Corrie Mayor
GRANTORS _.
By:
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ATTEST:,
Title:
City Council Approval Date:
STATE OF IDAHO )
ss.
County of Ada )
On this ~q day of ~~oyf,~-3~Z 20 0~_, before me,
oSS (`• E~~~~ a Notary Public in and for the State of Idaho,
personally appeared l~i~ ~ Lode- twe I~r47HY ~~~-- , 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 for Idaho
Residing at 's , I aho
My commission expires Oho
Permanent Easement Page 3 of 3
LEGAL DESCRIPTION FOR PERMANENT SEWER EASEMENT
PARCEL # SO436315010
OWNED BY Dale E. Cooper & Kathy A. Cooper, Husband and Wife
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.
Being a 13.00 foot strip of land 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; North 89° 53' West, a distance
of 25 feet to the POINT OF BEGINNING.
THENCE THE FOLLOWING COURSE
Thence continuing North 89°53' West, a distance of 647.5 feet more or less to the
Northwest corner of the W1/2, E1/2, SW1/4 of Section 36;
Thence South, a distance of 13 feet;
Thence South 89°53' East, a distance of 647.00 feet more or less;
Thence South 54°44'49 East, a distance of 0.62 feet more or less to the Westerly line of a 25
foot Exception per Inst. No. 9029968 Ada County Records, Dated 6-6-90:
Thence North along said Westerly line a distance of 13.45 feet more or less to the POINT
OF BEGINNING.
The easement described contains 0.19 acres more or less.
EXHIBIT A-I
13' PERMANENT EASEMENT
0.19 #AC.
W 1 /4 COR. S 89'53' E
~ 672.5' DEED
SECTION LINE AND NORTH LINE OF PARCEL 647
50' ±
C 1 4 COR.
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W 1/4 COR.
SEC. 36 .
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Z SECTION 36 T.4N., R.1W., B.M.
SW 1/4
SW COR.
SEC. 36 S 89'53' E
1329:9' DEED Q 672.5' DEED
$ ~ /¢ COR.
SECTION LINE SEC. 36
W. USTICK ROAD
REV. NO. DESC. BY: CK'D:
CITY OF MERIDIAN PUBLIC WORKS
DRAWN BY: _ R~ DATE: ~~Y ~_, 200 ~ PROJECT:
cK'DBY: --RE scALE: N.T.S. WHITE DRAIN SEWER TRUNK LINE
APPROVED:
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LEGAL: A PORTION OF SEC. ~ ,
DWG. No: RW._._._._
T.4 N., R.i W., B.M., ADA COUNTY,
CITY ENGINEER DATE I DAH 0. SHEET 1 OF _ ~
EXHIBIT A-2
Meridian City Council Meeting
Tuesday, December 4, 2001
Page 3 of 90
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I move we approve the Consent Agenda, with the exception of 3-B, to table
it to February 5, 2002.
Bird: Second.
Corrie: Motion has been made and seconded to concur that the Consent Agenda be
adopted with Item B taken out. Any further discussion? Roll call vote, Mr. Berg.
Roll-Call: Bird; aye; de Weerd, aye; McCandless, aye; Anderson, aye.
Corrie: All ayes. The Consent Agenda is approved.
MOTION CARRIED: ALL AYES.
Item 4. Department Reports:
A. Public Work's Department -Gary Smith:
White Drain Trunk Sewer Easement Agreement with Dale
Cooper:
Corrie: Item No. 4 is Department Reports, Public Works Department, Gary Smith.
Watson: Thank you, Mr. Mayor and Council Members. The first item on the Public
Works agenda is another sewer easement for the White Drain Trunk Sewer Project. It's
from Dale and Kathy Cooper. I don't have an exhibit to show you on the wall, but this
one is located between Linder Road and Meridian Road and, hopefully, you have the
complete easement in front of you in your packet. This particular easement on the right-
of-way contract does include some stipulations that the owner put on granting this
easement. There were Items A through I and then there is an Item 3 on that page two.
I would be happy to answer any questions on any of those items, if you have any. We
have worked with Keller pretty closely on this and negotiated with this gentleman for
quite some time and this seems to be what we are dealt, I guess. We would
recommend that you approve the permanent and temporary construction sewer
easements and the right-of-way contract. With that I'd welcome any questions.
Corrie: Questions, Council?
Bird: I have none.
Corrie: Hearing none, I will entertain a motion on the request for action.
Meridian City Council Meeting
Tuesday, December 4, 2001
Page 4 of 90
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I move that we accept the permanent and temporary construction sewer
easement from Dale and Kathy Cooper and approve the right-of-way contract
and authorize the Mayor to sign and the City Clerk to attest easements and right-of-way
contract.
McCandless: Second.
Corrie: Motion has been made and seconded to approve the White Drain Sewer Trunk
Easement Agreement. Any further discussion? Hearing none, roll call vote, Mr. Berg.
Role Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, aye.
Corrie: All ayes. Motion is approved.
MOTION CARRIED: ALL AYES.
2. White Drain Trunk Sewer Easement Agreement with Jt.
School District No. 2:
Watson: Thank you, Mr. Mayor, Council Members. The second item is also a sewer
easement for the White Drain Sewer Trunk. It has not officially been approved by the
school district or the school board. As you can see in my memo they will take --
Wendell Bigham will take that to the school board next Monday. We thought it best to
run it by you first. As you can see, they are requesting a credit on their sewer
assessment fees equal to what they feel they paid for that area that the sewer
easement takes. It was left when they appraised easement value. The Public Works
Department would recommend that we accept the permanent-temporary construction
easements and approve the right-of-way contracts conditioned upon Meridian School
Board approving those at their school board meeting next Monday night and that this
approval include a sewer assessment credit of $20,782.00 to be applied to the school
district's project on this property when it comes in for a building permit. 1 would
welcome any questions on this if you have any.
Bird: I have none, Mayor.
Corrie: Okay. Hearing no questions, entertain a motion on the request.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I move that we accept the permanent and temporary construction sewer
easements from the Meridian School District and approve the modified