HomeMy WebLinkAboutSanitary Sewer Easement with Joint School District No. 2 for White Drain Sewerx a
' - ~ i'ti
ZCOa C~ 2 ! Pry 1 ~ ~0
R~CG~U~D-~~Q~f~.~T ~~:
F~~~DEPUT .-
~~,~' ill 13596
MERIDI~iV CETY w,
This sheet has been added to document
to accommodate recording information.
SANITARY SEWER EASEMENT
This Sanitary Sewer Easement (the "Agreement") is made and entered into this'pTM
day of pectwobeY~ , 20O t , by and between Meridian Joint School District No. 2, 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 shalt 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 4
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.
In consideration of allowing Grantee to perform work on and/or operate within the
said described parcel, Grantee expressly agrees to indemnify, save and hold
harmless Grantor, it's successors and assigns, against any and all claims, suits,
demands, actions, debts, injuries to persons, and damages to property,
damages, costs, charges, and expenses, including all court cost and attorneys
fee, and against any and all liability, losses and damages of any nature
whatsoever, the "Damages" that Grantor shall or may at any time sustain or be
put to by reason or as a result of Grantee performing, working on and/or
operating within the here in above described parcel; provided that the damages
are not caused by the negligence or other breach of legal duty by Grantor.
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.
Permanent Easement Page 2 of 4
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 3 of 4
IN WITNESS WHEREOF, the undersigned have caused this Easement to be
executed the day, month and year set forth above.
GRANTOR(S):
...x.: ~, '..,,cL
G h 1~,Y~+r~c ~onvt~ ~t . ~jk~./e.rL rL'r~vLp'f~l 1
STATE OF IDAHO )
ss.
County of Ada )
On this ~ ~` day of ~GC ~ "'''~~ 20 0 l before me,
,tip ar"~ l -,~~ . S ch a Notary Public in and for the State of Idaho,
personally appeared -^~g+~ ~ ~ 'moo ~K mil, ,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.
,~~~~~~~ 4. SckG~•~~''.
~~ ~ A~~s
ti~ ~~
PU$ ~ ~~
••'• `rTA rg 0~ ,
Notary Public for Idaho
Residing at Nl~+~-~d~a~, Idaho
My commission expires 3 `l 2.003
Permanent Easement Page 4 of 4
LEGAL DESCRIPTION FOR PERMANENT SEWER EASEMENT
PARCEL # SO436325400
OWNED BY JOINT SCHOOL DIST. #2 MERIDIAN
This permanent sanitary sewer easement is situated within the NW1/4 of the SW1/4 of
Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, State of Idaho.
Being a strip of land more particularly described as follows:
Beginning at a brass cap marking the Northwest corner of the NW1/4 of the SW1/4 of
Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho;
Thence along the westerly line of said Section 36 South, a distance 70.00 feet;
Thence leaving said westerly line East, a distance of 515.00 feet parallel with the northerly
line of the NW1/4 of the SW1/4 of Section 36;
Thence North, a distance of 50.00 feet;
Thence East, a distance of 820.85 feet more or less to the easterly line of said NW1/4 of the
SW1/4 of Section 36;
Thence North, a distance of 20.00 feet to the northerly line of said NW1/4 of the SWl/4 of
Section 36;
Thence along said northerly line West, a distance of 1335.85 feet more or less to the
POINT OF BEGINNING.
The easement described contains 1.20 acres more or less.
EXHIBIT A-I
PERMANENT EASEMENT
W 1 /4 COR. sECnoN LINE AND NORTH UNE OF PARCEL
SEC. 36 laas.as' (cALCULAreo) 1 /16 COR.
P.0.6. o ''o _
n 1.ZOt AC. ~ g20.B5' (CALCULATED) ~
_
C 1 /4 COR.
SEC. 36
515.0'
i
PARCEL 1
JOINT SCHOOL DIST. #2 MERIDIAN
W Inst. #100100902 1
i
o J
3 NW1/4 SW1/4
N•
a
~.
• N
o
o ~.--....._____,..._.-_..____,
N 4
Q PARCEL 2 ? I
o _.._.-......-__
~ W
i
_.
N J
W _,_ ..............._._ ...... .._. ................-.
O -.._. ......~~...... ...._. r
U
Z W
h
J
Z SECTION 36 T.4N., R.1W., B.M.
SW 1/4
SW COR.
SEC. 36
- ~ -
SECTION UNE
W. US11CK ROAD - - S 1 /4 COR.
SEC. 36
~XHIl31 T ~t--L
REV. NO. DESC. BY: CK'D:
CITY OF MERIDIAN PUBLIC WORKS
DRAWN BY: _ Rc DATE: ~u~Y t2 200? PROJECT:
cx'DBY: __RE SCALE: N.T.s. WHITE DRAIN SEWER TRUNK LINE
APPROVED
:
,Q~~~~-o ~~~~~~
!y
LEGAL: A PORTION OF
T
+
R
D
SEC. ~ ,
DWG. No: RW._._._._
.
N.,
. ~ W. , B.M., A
A COUNTY,
' CITY ENGINEER DATE IDAHO. SHEET 1 OF _ ~
EXHIBIT A-2
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this I~r-' day of Dec.ew~b.e,r' .ZOO{ ,
Meridian Joint School District No. 2, 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.
In consideration of allowing Grantee to perform work on and/or operate within the
said described parcel, Grantee expressly agrees to indemnify, save and hold
harmless Grantor, it's successors and assigns, against any and all claims, suits,
demands, actions, debts, injuries to persons, and damages to property, damages,
costs, charges, and expenses, including all court cost and attorneys fee, and
against any and all liability, losses and damages of any nature whatsoever, the
"Damages" that Grantor shall or may at any time sustain or be put to by reason or
as a result of Grantee performing, working on and/or operating within the here in
Temporary Easement Page 1 of 2
above described parcel; provided that the damages are not caused by the
negligence or other breach of legal duty by Grantor.
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.
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):
(...~.v-X5-4-i n~ ~o mn-r,l~ 1 Su~,~c,r-i n.~2~c~-w~'
Temporary Easement Page 2 of 2
40' TEMPORARY EASEMENT - - ~
I
PERMANENT EASEMENT
W 1 /4 COR. SECTION tJNE AND NORTH l1NE Of PARCEL
SEC. 36 laas.as' (CALCULATED) 1 /16 COR.
'o
~
~
C 1 /4 COR.
SEC
36
_ _
P.O.B. 0 1.201 AC. ~ N -
r ~ 820.85' (CALCULATED)
515.0'
--- -
-
--
- .
___ 1.271 AC_~ E ~
I
PARCEL 1
JOINT SCHOOL DIST. #2 MERIDIAN
W Inst. #100100902
i
o
3 NW1/4 SW1/4
~.
a
'e
'• i
o
o ~~...._.....______.____...._._,.,
~ '
Q PARCEL 2 ~ i
o _........__.__..._ _..__._
W
Z~
N J I
_
.
.
...
.
...,._....____.~ ......_ ~_ . ................__~~.... .,.._.. ._
W Q .
U
Z N
J
Z SECTION 36 T.4N., R.1W., B.M.
SW 1/4
SW COR.
SEC. 36
SECTION UNE
W. USTICK ROAD ~ S 1 /4 COR.
SEC. 36
EXl~1l3tT r3
REV. NO. DESC. BY: CK'D:
CITY OF MERIDIAN PUBLIC WORKS
DRAWN BY: _3.~ DATE: ~u~Y 12 200 ~ PROJECT:
cK'DBY: __RE scALE: N.T.S. WHITE DRAIN SEWER TRUNK LINE
APPRO
I~
~%
:
C / ~Z ~_Q
%~? I
LEGAL: A PORTION OF
T
N
R
W
B
M
ADA ~
SEC.
COUNTY
DWG. No: RW._._._._
.±
.,
. ~
. ,
.
., ,
CITY ENGINEER DATE IDAHO. SHEET 1 OF _ ~
EXHIBIT B
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-0f--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. I 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
Meridian City Council Meeting
Tuesday, December 4, 2001
Page 5 of 90
right-of-way contract conditioned upon the Meridian School Board approving them and
include the sewer assessment credit of $20,782.00 to be applied to the project on the
property upon which the sewer easement lies and authorize the Mayor to sign and the
Clerk to attest to the easements and right-of--way contract.
Anderson: Second.
Corrie: Okay. Motion has been made and seconded to approve the $20,782.00 sewer
assessment fee for the Meridian School District. Is there any further discussion on the
request -- on the motion? Hearing none, roll-call vote, Mr. Clerk.
Role Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, aye.
Corrie: All ayes. Motion is approved.
MOTION CARRIED: ALL AYES.
Watson: Thank you, Mayor and Council Members.
Item 6. Tabled from November 7, 2001: FP 01-015 Request for Final Plat
approval of 23 building lots and 5 other lots on 8.15 acres in an R-4 zone
for Staten Park Subdivision by D'Alessio Building Development -south
of West Ustick Road and North Black Cat Road:
Corrie: Okay. Item No. 6 is Tabled from November 7, 2001, a Request for Final Plat
approval of 23 building lots and five other lots on 8.15 acres in an R-4 zone for Staten
Park Subdivision by D'Alessio Building Development -south of West Ustick Road and
north of Black Cat Road. Staff questions or discussion on the final plat?
McKinnon: Mr. Mayor, Members of the Council, we haven't had -- as staff we haven't
had any discussion with the applicant since the tabling of this application. I don't know if
the applicant is here tonight. As you remember, it's on the -- just a little bit to the west of
the Locust Ranch Subdivision located in the southeast corner of Black Cat and Ustick,
the hashed marked area right there. We saw this once before and you denied it based
on the size of the lots, to 8,000 square foot. You wanted to see larger lots. They have
come back and made some arrangements for larger lots and they were approved by
the Planning and Zoning Commission and has been asked to be tabled since they have
been in front of you. I don't know the reason for the tabling and ask if there is any
questions.
Corrie: Council, do you have any questions of staff?
De Weerd: Mr. Mayor:
Corrie: Mrs. de Weerd.