HomeMy WebLinkAboutSanitary Sewer Easement with Bews, E.L. and Shirley G. for White Drain Sewer 102000795I)EC.21.2001 8~57AM KELLER ASSOCIATES INC _ n~ ~ .egg 6°
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SAIV~TARY SEWER EASEME~~ ~r'~ .
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This Sa ' ry Sewer Easement (the "A®r+sement") is made and entered into this Z/sT
day of 2Q o 1 , by and between, E.L. Sews and Shirley G. Sews, the
"Grantor(s)," and the CfTY OF MERIDIAN, 8 body politic and corporate of the State of
Idaho, the "Grantee."
~tecitals:
A. Grantor(s) own(s) the parcel of real property located in Ada County, Idaho, nwre
particularly described on F~chibit "A-1" ~ "A-2" attached hereto (the "Servient F_state").
e. Grantee desinas to provide for a sanitary sewer trunk line across the Servient
Estate and adjacent properties, and to connection therewith desires to obtain an
easement to construct, (nstall and maintain said trunk line system over and across the
Servient Estate, and on the terms and conditions hereinafter set forth, Grantor(s) (is/sre)
willing to grant the same to Grantee.
NOW, THEREFORE, IN CONSIDERATION OF THE PRI+MISES ANp THE
MUTUAL COVENANTS CONTAINED HEREIN ANb OTHER GOOD AND VALUABLE
CONSIDERATION, THE PARTIES AGREE A3 FOLLOWS;
1. Grant and Use. Grentor(a) grant(s) th 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 construotion, installation, openstion, maintenance, repair and
replacement of a sanitary sewer trunk line system on the Servient Estate reasonably
necessary for such purpose (the "E&sement"). The Grente®'a use of the Servient Estafie
is not exclusive, but other uses of the Servlent Estate by Grantor(s) shall not interfere
with the Grantee's f=aeernent and its expected uses thereof. Qrantor(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 tp time to trim and cut down and clear away any and
ai( trees and brush now or hereafter on the easement that may interfere
with the exen~se of Grantees rights under this instrument;
c. The right to install, maintain and use pates in ail fend that now cross or
shall hereafter cross the easement;
d. The right to mark the locatbn of tho pipeline by suitable markers set in
the ground, provided that such markers shall be placed (n 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. ~onstcuction. Installation and Maintenance, At its sole COSt and expense
Grantee shall construct and install the system within the Servlent Estate, the
construction and installation .thereof th be performed in accordance with plans and
speciflcationa prepared by Grantee at its sole cost and expanse and reviewed by
Grantor(s) prior to the commencement of construction. By reviewing such plans and
Permanent Easement Pape 9 of 3
DEC.21.2001 8~58AM KELLER ASSOCIATES INC N0.862 P.S
specifications Grantor(s) assume($) na responsibility for any defiaencies or
inadequacies in the design ar construction of the system, and the responsibility therefor
shad be and remain in Grantee.
After construction and installation is completed, at Its sole Cost and expense
Grantee shall maintatn the system in good condition and repair and as requited to satisfy
all requirements of applicable laws, the policies of Grantee and sound engineering
practices, end Grantee shall have access to and from and aver and across the 3ervient
Estate for the purposes of such repair and maintenance.
If the adjoining properly owned by Grantor(s) or the surface of the Servient
Estate where the system Is buried Is damaged as ~ result Of the construction or use or
repair and maintenance of this Easement by Grantee, Grantiee, at Its sole coat and
expense, shall repair and restore the same, to the extent reasonably practicable, to the
same condition it was in prior to such dameye.
3. Grantor(s) covenant(s) and
agree(s) that (he/shelitlthey) will not Intertere with Grantee's use of this Easement, or
with Grantee's ability to repair and rnalntain the system thereon, and hereby covenant
and agree that, except for such fencing as is r~sonably required by Grantor(s) to
secure (his~rerrts/their) adjoining property and the Sarvient Estate, (helshelitlthey) will
not constnuct any permanent improvements on the Senricnt Estate or plant any trees or
similar substantial perennial p1an~ thereon.
4. 'fi Grani,se 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 property construct,
install, repair or maintain the system on the Servient Estate.
5. Gavenants Run with the Land, This Easement shalt be a burden upon the
Servlent l=state and shall run with the land.
6. Attomev'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. xhtbits. All exhibits attached hereto and the n~citals 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 th the benefit of and be
binding upon the parties hereto and their suoceseors and assigns to the above-
desctibed Dominant and Servient Estates, or any portion thereof.
8. Recordation. This Agreement shall be recorded In the Real Properly Records of
Ada County, Idaho.
Permanent Easement Page 2 of 3
DEC.21.2001 8~59AM KELLER RSSOCIATES INC
N0.862 P.6
IN WITNESS WHEREOF, the undersi®ned have caused this Easement to be
executed the day, month and year set forth above.
GRANTOR(S):
~~
STATE 0l= IDAHO )
ss.
Cou{~ty of Ada )
On this Z ~ ~ r day of ~{~~- ~-~ 20 y 1 before me-
' a otary Public In and for the State of Idaho,
personally appeare ~ ~ ".L • ~ s ,known or proved to
me to be the persons) who a ecuted the fonrgoin® instrument, and acknowledged to me
that (he/shelit/they)axecuted the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offidal
seal the day and year in this certificate first above written.
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Raslding at , Id ho
My commission expires i-t ~o
Permanent Easement Page 3 of 3
DEC.21.2001 8~59RM KEI.LER RSSOCIATES INC N0.862 °.7
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SAHIT~Y $~IEl4ieA~F.~NT
PPcQPO: Li:? SRfL?~ETOIN~3Z CRO~tNG SUBDl1/tiloN
July 16, 2001
A permanent easement fipr sanitary sewer line cans;tuctfcn and rnaintanance, located in
the West !a of Section 35, Township 4 North, Ranee 1 Was#, &fisq iy~~,an, Ada
County, tdaria, being a strip of lend 32 'ieet in width braing 12 feat t't~ht of (soutri} end 20
feet loft of (rtidrth, t~etherwith a temporary cons#ruciion easnt being a strip of land 40
feet in width lyici~ north oir and adjacent to the permanent easement- as deflrted by the
foliowirtg described ~nt~llne;
Commencing at the scnithvwest comer of the NVV 3~. (West ! comarj of Section 35,
Ts~wnship ~ Northt Rang! 9 Weat- Boise Meridian; thence N OQAS3'1 !~' E 857,79 feet
along ~e W84t lino of said I~IVI/ !+ to the REAL POfN'T OF 8~41PIAlINt~ oi~ thi: easement
cencedtr~e dasc:iption;
TF~r~nca± S 8A°08`95" E 382.06 float to a point;
Them N 75p10'08" E 338.04 f's~et tv a point;
Thence N Sty°l92'11" )~ 194.00 feet to a pairn;
Thence S 83'G5'9z" E 206,00 feet to a point;
Thence S fi5°12'43" E 24.00 ~E:t t0 a pomrt.
Thence S 49°40'08" E 228.00 feet to a point;
Thence S 7'i `24'23' E '! 88.00 feet to a point;
Therice iV 87°24'52" ~ 500.21 fit to a point;
Thence S 52.18'49" E xn4.92 feet to a pptn#;
ThencQ S 70'26'23" t; 194.03 feet to 8 point;
3hence 5 35'17'49" E 107.3v 1~et tc a point
Thence 8. a4'26'S~"' W 25$.45 iset to a poit~
Ti'~ence N 9o°Ot?'00" E 3't .00 f~ to a point on the east me of the west ~ of said setlion,
the E3-lo POINT of this easement ceries~criotlon:
nrtichae~ E, Marks, PI.S 49ga
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DEC.21.2001 9~00AM KELLER ASSOCIATES INC N0.862 P.9
TEMPORARY CONSTRUCTION EA3>EMIrNT
THIS INDENTURE, madethis day of Ci _,ZOOJ E L.
Sews and Shirley Q. Bows, the GRANTOR and THE CITY OF MERIDIAN, a
txxly politic and corporate of the State of Idaho, the "GRANTEE";
WITNESSETH:
FOR VALUE RECEIVED, and for the term and uses and an the terms and
conditions hereinafter set forth, GRANTOR does hereby gran# 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
particulatiy described or depicted on Exhibit `A-1" and "A-2" attached hereto and by~thia
reference made a part hereof (the "Servient Estate'.
This grant is made on the folfowing terms:
1. Authorized Usaa bv_ORANTEE. 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 equipmen# and vehicles, for construction, excavation, storage of earth and
other materials thereon, for surveying, and for ail other reasonable uses that are
necessary, advisable or convenient to GRANTEE in connection with such sewer
construction and improv®ment, and for ingress and egress to and from the area of
construction.
2. E, 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 commenting on the date of the
GRANTOR'S execution of this Indenture and terminate on the completion of the sanitary
sewer trunk projmct construction. an 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 9fFect.
4. Indemnification. GRANTEE h®reby indemnltles and holds GRANTOR harmless
from and against any and ail loss, injury, death and damage, and attorneys' Bees 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,
contrs~ctors and agents, hereunder.
5. Restoration on Expiration 4f Term. On the expiration of the term of this
Easement, the SQrvlrnt Estate shall be restored by GRANTEE, at its sole coot and
expense, to at least as good a condition as existing on the date of this Indenture.
6. Si~ndinQ Effect. This Easement, and the covenants and afire®ments herein
contained, shall, during the entire term her®of, be binding upon and Inure to the benetft of
(i) GRANTEE AND GRANTOR, respectively, and their successon3 and assigns.
Temporary Easement Page 7 of 2
AEC.21.2001 9~01AM KELLER RSSOCIATES INC N0.862 P. 10
TO HAVE AND TO HOLD this Easement unto the GRANTEE for the term hereinabove
set forth.
GRANTOR Covenantc to the GRANTEE (a) that the GRANTEE shall enjoy the
quiet and peaceful possession of the SeNlent Estat® throughout the term hereof; and, (b)
GRANTOR ware nts to the GRANTEE that GRANTOR Is lawfully sel~ed and possessed
of the Servient Estate and has the right and authority to grgnt th(s Easement to
GRANTEE.
IN WITNESS WHEREOF, this Temporary Construction Easement has been duly
executed by (a/temate, if Grantor is a corporation or Other entity: 'end on behalf of the'
GRANTOR, th®day, month and year heroin first above written.
C~RAN'fOR(S):
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Temporary Easement Pege 2 of 2
Meridian City Council Meeting
May 16, 2000
Page 76
Smith: There's a memo that I sent to you that has the three different items
attached to it. Brad Watson prepared a little dissertation outlining what these
three items concern. The first item is the Change Order No. 2 for the Biosolids
Dewatering Facility. It had to do with applying a waterproof coating to the inside
of the masonry walls of the restroom, centrifuge and polymer rooms. It wasn't
included in the original specifications, but after they got to that point, staff
realized that it was going to be necessary in order to facilitate washdown in the
area. Once that equipment was in operation. So we did authorize because it
was -had to be done before the equipment was installed, there was some facility
equipment being attached to the walls, and so we went ahead and authorized the
cost ahead of the approval by City Council in order to facilitate the construction
process. And the amount that the contractor bid to us was less than what we
and our consulting engineer estimated that it would cost, so we felt that the price
was reasonable, and that's why we proceeded with that. Do you have any
questions concerning Change Order No. 2 for the Biosolids Dewatering Facility?
Bird: No.
Smith: Our recommendation would be for your official approval of Change Order
No. 2
Bird: Mr. Mayor, I move that we approve the Dewatering facility Change Order
No. 2 in the amount of $5,200.
Anderson: Second.
Corrie: Motion made and seconded to approve the Biosolids Dewatering Facility
Project Change Order No. 2 in the amount of $5,200. Any further discussion?
All those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
2. WWTP Trunk Sewer -Creason Lateral Crossing Change Order
No. 1.
Smith: Second item has to do with the crossing of the Creason Lateral, also a
Change Order to that contract with Brown Construction. This contract involved
installing a casing pipe under the Creason Lateral ahead of the irrigation water
for this season, and the casing pipe is going to carry a 36-inch diameter sewer
trunkline that will be constructed across property that's being developed by Ed
Bews' mini-storage facility. It will ultimately be connected to the White Drain
sewer. Once the contractor began finishing up the crossing, it was found that we
needed to install more concrete in the channel of the Creason Lateral to line it as
required by Nampa Meridian Irrigation District than what was originally bid. This
was because of the steep bank of the south bank of the lateral. Steeper than
Meridian City Council Meeting
May 16, 2000
Page 77
what was shown, what we originally depicted on the drawings. So there was an
additional $2999 involved in concrete lining and riprap (sic) at each end of the
liner that the Nampa Meridian Irrigation District required after the fact on the
riprap also. As Brad noted, the bid that we received from Brown was
substantially less than what the second bidder bid to us, and so we don't have a
problem with this request for Change Order No. 1.
Anderson: Mr. Mayor, I would make a motion that we approve Change Order
No. 1 on the Creason Lateral in the amount of $2999 for additional concrete work
and riprap that was required.
deWeerd: Second.
Corrie: Motion made and seconded to approve the Change Order No. 1 for the
Creason Lateral Crossing in the amount of $2999. Any further discussion? All
those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
3. Year 2000 Sewer Line Cleaning / TV Inspection Project Contract
Award:
Smith: Thank you, Council. The last item is the contract, bid results for a
contract that we have for Year 2000 sewer cleaning and TV inspection sewer
lines. We had two bid plan holders, but only one submitted a bid, and that is the
Municipal Services Company, Inc., who has been doing our work for us for the
past four or five years. The bid amount was $37,644.10; the unit prices that they
submitted are less than what they had submitted to us on previous projects. We
think that it had to do with the fact that there was another plan holder who had
been very aggressive in bidding against this contractor in Boise for some similar
types of work. So we would, based on the results of that bid, we would
recommend award of the project to Municipal Services Company, Inc., in the
amount of $37,644.10.
Bird: Mr. Mayor, I move that we approve the contract with Municipal Services
Company for the sewer, 2000 sewer cleaning, TV inspection project for the sum
of $37,644.10 and for the Mayor to sign and the Clerk to attest.
Anderson: Second.
Corrie: Motion made and seconded to approve the 2000 sewer line cleaning and
TV inspection project in the amount of $37,644.10 and the Mayor to sign and the
Clerk to attest. Any further discussion? Hearing none, all those in favor of the
motion say aye.
MOTION CARRIED: ALL AYES