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HomeMy WebLinkAboutSanitary Sewer Easement with Yorgason, J. Ramon and Marilyn for White Drain Sewer~~"„ R~,fi °,`tx FEE ~ DEPIJi'~°..~. ~G~~~u'`'`' ~o~i©c-~ ~~~ ~~~~ ~ ~ I I ~~7~~ . /y, This sheet has been added to document to accommodate recording information. INST. ~' /!~//Qo?7~~ SANITARY SEWER EASEMENT This Sanitary Sewer Easement (the "Agreement") is made and entered into this 1st day of August , 2001 , by and between J. Ramon and Marilyn Yorgason, 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 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 Senrient 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 above. GRANTOR(S): n Yorgason Marilvn Yorgason ~!i#....` .L f G` CJ STATE OF IDAHO ) ss. County of Ada ) On this 1st day of Augu s t 20~_, before me, DeVona D . Luke a Notary Public in and for the State of Idaho, personally appeared J. Ramon and Marilyn YorQason, 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. DeV'ONA D. LUKE NOTARY PUBLIC STATE OF IDAHO d Notary Public for Idaho Residing at Boise ,Idaho My commission expires 08 / 2 7 / 05 Permanent Easement Page 3 of 3 LEGAL DESCRIPTION FOR PERMANENT SEWER EASEMENT PARCEL # 50436233850 OWNED BY J. RAMON AND MARILYN YORGASON This permanent sanitary sewer easement is situated within the S1/2 of the NW1/4 of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, State of Idaho. Being a sixteen foot strip of land more particularly described as follows: Beginning at a brass cap marking the Southwest corner of the NW1/4 of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho; Thence along the southerly line of said NW1/4 of Section 36 East, a distance 446.37 feet to the POINT OF BEGINNING. Thence leaving said southerly line North, a distance of 16.00 feet; Thence East, a distance of 1562.00 feet parallel with said southerly line of the NW1/4 of Section 36; Thence South, a distance of 16.00 feet to the southerly line of said NW1/4 of Section 36; Thence along said southerly line West, a distance of 1562.00 feet to the POINT OF BEGINNING. The easement described contains 0.57 acres more or less. EXHIBIT A-1 NW 1/4 COR. SEC. 36 ~ ~ N 1 /4 COR. SEC. 36 SEC TION 36 T.4N., R.1W., B.M. ~ . o NW 1 /4 • ~W Z ~ J NORTH LINE OF PARCEL o w _ _ ~- Z N J Z J. RAMON AND MARILYN YORGASON • Inst. #100082476 • S1/2 ~ IRRIGATION EASEMENT 16' PERMANENT EASEMENT 0.57f AC. - 446.37'- W 1 /4 COR. SEC. 36 1562- SECTION LINE AND SOUTH LINE OF PARCEL ~- ~ ~ . ~ C 1 /4 COR. SEC. 36 P.0.8. REV. N0. DESC. BY: CK'D: CITY OF MERIDIAN PUBLIC WORKS DRAWN BY: _ Rc DATE: ~~Y ?o 200? PROJECT: cK'D BY: __RE SCALE: N.T.S. ~ 99g "NO-NAME" SEWER TRUNK APPROVED ~~~L%(J /v_~_O~ LEGAL: A PORTION OF SEC. 3s , DWG. No: RW T 4 N R W B M ADA COUNTY .__._._.__ . ., .~ ., . ., , CITY ENGINEER DATE IDAHO. SHEET 1 OF ~ Meridian City Council Meeting September 25, 2001 Page 6 De Weerd: Is this something that you need us to vote on tonight or can we vote on it on October 2"d with you receiving further clarification from Mr. Howell on if he's amenable to using the open space requirement on anything that is not within an easement that would already be required? Which is the white drain. Watson: I can certainly do this. We've been waiting for a year. So there's no --. Another week wont hurt I guess. I'll touch base with him or with our consultant. De Weerd: Is that okay with the rest of Council? Or do you want to just go ahead and do it? Bird: No, I don't. I want clarification on it. McCandless: Yes, I do too. De Weerd: Okay. Corrie: Okay. Then, if you would get the clarification then from Mr. Howell then Gary or Brad. Watson: Certainly. Corrie: Bring it back the 2"d of October. Watson: Certainly. Corrie: Okay. Watson: The next one is, a small easement from Ramon and Marilyn Yorgason. I don't have an exhibit up on the screen for this. It is in your packet. I didn't receive this electronically. It is directly across and north of the one that you're looking at on the screen, just East of Linder Road. As, I stated in the memo, the sewer doesn't physically lie on their property but the permanent easement runs over into their property. They don't have any stipulations on their right-of-way contract or easement form. There's really nothing unusual about this one so we would recommend that it be approved and the right-of-way contract signed, the Mayor's authorized to sign and the clerk to attest. Are there any questions on that one? Bird: I have none. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. Meridian City Council Meeting September 25, 2001 Page 7 De Weerd: I guess now that I finally started reading these sanitary easements I realize that you do have the right to gravel, grade the gravel. So, all of your easements, do you ask them to have that in gravel? Is that a gravel road? Watson: Councilwoman de Weerd, Mayor, and Council Members. That's a mandatory requirement. All of these easements will be graveled so that if trucks, heavy trucks, cleaning equipment, repair trucks can access all manholes. De Weerd: Because we've really made a commitment County wide to eliminate gravel roads because of dust issues and this lawsuit that Ada County has going with the air mitigation and we're trying to reduce gravel rather than add to it. Is there any other you can do those maintenance roads? Watson: Councilwoman de Weerd, Mayor, and Council. We can pave them but if it's a cost issue, and I don't know that they would be where people would ultimate want them once they develop anyway. Some of the easements along here are within future right-of-way, future planned streets. So, they'll be paved as they develop anyway. Something like this I would presume that if it is landscaped, I'm back on the Howell easement now that they wouldn't want it graveled either. That they would be required to put some permanent surfacing on it rather than the city paying how ever much for asphalt where then another landscape plan comes in where they're proposing a meandering street or something or additional landscaping which serves the same purpose but for aesthetic reasons pleases them more than it does something that our civil engineer can design. The one thing that we would be required to do is, where it meets with public roads, I can't remember exactly what the requirement but we do require to pave back 30, 50 feet. 30 Gary believes. De Weerd: Okay, thanks. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we accept the permanent and temporary construction sewer easement from J. Ramon and Marilyn Yorgason and approve the right of way contract and authorize the Mayor to sign and the City Clerk to attest the easements and right-0f-way contract. McCandless: Second. Corrie: Motion been made and second to approve the recommendation to Council on the permanent and temporary construction sewer easement for J. Ramon and Marilyn Yorgason and approve the right-of--way contract. Any further discussion? Hearing none, all those in favor of the motion say aye. Meridian City Council Meeting September 25, 2001 Page 8 MOTION CARRIED: THREE AYES, ONE ABSENT Watson :Thank you Mayor and Council. The third one as I stated when I first began, I believe that the next 3 easements would be signed and delivered to me by tonight's meeting. None of those 3 have been. There are issues with each of them that we could discuss but --. Do you want to proceed with those? Or do you want to wait until they're signed and delivered? De Weerd: Wait until they're signed. Bird: And delivered. Watson: Okay. I'm done with the white drain sewer easements then. 2. South Slough Sewer Easement: Watson: The next one is the South Slough sewer easements. There were 2 of those. One of which has been signed and delivered. The other one hasn't so I would presume that you don't want to talk to that one either. t would ask though, that there are some peculiar issues with that one. But, if you would indulge us we would love to have some direction on. The first one that has been signed is for, is from Frank and Barbara Youngstrom. There we go. This is the one property owner that is within Carol Sub. Leslie way kind of meanders down from the north through here and then turns and heads out to Eagle Road. The sewer is flowing northwesterly. What we intend to do on this lot, --. The South Slough is actually right through here. What we intend to do is bore a sewer line within a casing. Actually bore the casing and then pull the sewer line through this alignment through here from this property owner into the public right-of--way of Leslie Way. I should have brought a picture to show you all the stuff that's in the way. There's trees and landscaping, all kinds of stuff along there. There was just no good way to get through here. These were the only people that were even interested in talking to us. We did have appraisals done on this property as well as all the others along that alignment. The appraiser valued this permanent easement at $7,314 and they signed the easement with the stipulation that the city would pay the appraised value of this easement. Right, that's what I understand from the appraiser is they appraised the market value of the land and then and underground utility easement is appraised at 50 percent of that market value. So, I think that's all I had so I welcome any questions. De Weerd: I have none. Bird: I have none, Mayor. McCandless: No.