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Home My WebLink AboutEasement Contract with Cooper, Dale E. and Kathy A. for White Drain Sewer TrunkCITY OF MERIDIAN 200 E Carlton St., Suite 100 Meridian, Idaho 83642 EASEMENT CONTRACT LOCAL PROPERTY OWNERS PROJECT # & DESCRIPTION :City of Meridian White Drain Sanitary Sewer Trunk, Ten Mile Rd. to Locust Grove Rd. PARCEL # & OWNER: S0436315010, Dale E. Cooper & Kathy A. Cooper, Husband and Wife DATE OF OFFER ~oY~/!~f Z~, ?.a'~ g"~~ THIS CONTRACT, made this Z.1 ~~ day of I l0-(~1 ~, 20 ~ 0 between the City of Meridian, acting by its Mayor and Council, by the Public Works Director or his authorized representative, herein called "CITY" and Dale E. Cooper & Kathy A. Cooper, Husband and Wife herein called "GRANTOR". WITNESSETH: WHEREAS: The City desires to construct certain underground and surface facilities across the Grantor's real property as part of the City's White Drain Sanitary Sewer Project; WHEREAS: The Grantor is the record owner of certain real property located in Ada County, State of Idaho more particularly described on attached Exhibit A-2 and said Grantor has the unrestricted right to grant the easements hereinafter described relative to said real property; NOW, THEREFORE, in view of the premises and for good will as valuable consideration paid by the City to the Grantor, the receipt of which hereby is acknowledged by the Grantor, they agree as follows: 1. The Grantor by these presents does grant, bargain, assign and convey unto the City and its successors and assigns, the following permanent easement over and across the described property to construct or reconstruct, maintain, inspect, operate, protect, repair, replace, alter or remove pipelines and appurtenant surface structures on said permanent easement. A permanent easement as described in Attachments "A-l "and "A-2" containing O.I9 Acres The Grantor by these presents does grant, assign and convey unto the City right-of-way over and across the following temporary easement to construct the pipelines and associated surface structures on the adjacent permanent easement. The City shall have all rights of ingress and egress to and from said temporary easement necessary for the City's use, enjoyment, and construction of said facilities in the permanent easement hereby granted and all rights and privileges incident thereto. A temporary easement as described in Attachments "B" containing 0.44 acres The Grantor herein agrees not to build, construct, or permit to be built or constructed, any obstruction, building or other structures over or that would interfere with construction, reconstruct, maintain, inspect, alter, remove or repair said pipelines, or City's rights to the easements hereunder. The City shall have all rights of ingress and egress to and from said permanent easement (including the right from time to time, except as hereinafter provided, to cut, trim and remove trees, brush, overhanging branches and other obstructions) necessary for the City's use, enjoyment, reconstruction, operation and maintenance of said facilities in the permanent easement hereby granted and all rights and privileges incident thereto. The City hereby agrees to hold and save the Grantor harmless from any and all claims of third parties arising from City's use of the easements and the rights herein granted. The permanent easement described above shall continue for a period of perpetuity. The temporary easement described above shall continue until November 30, 2002. Easement Contract Page 1 of 3 DE Cooper 2. Attached Exhibit -1 shows the intent of the surface feature modifications to the Grantor's real property during construction of said facilities by the City. The modifications so shown on Exhibit - 1 are concept in nature and may be changed by the City during actual construction of said facilities. Pursuant to construction of said facilities by the City, the City agrees to the following conditions during construction of said facilities across the Grantor's real property: a. All steel fence posts, wood fence posts, and gate posts within the temporary easement shall be removed and stacked on the Grantor's property. b. City shall purchase and provide to Grantor (2) two 1320 ft new rolls of 12.5 gauge, two strand, two barbed wire. c. All existing materials and lumber located within the alley way shown on Exhibit - 1 shall be removed and restacked on the Grantor's property. d. Alley way shown on Exhibit - 1 shall be covered with 3 inch thickness of 3/a" minus road mix aggregate and graded to preconstruction conditions. e. The portion of the arena area shown on Exhibit - 1 located within the temporary easement shall be covered with 2 inches of ASTM C33 sand and graded to match preconstruction conditions. f. City shall notify Dale Cooper (888-4810) two (2) weeks prior to commencing construction operations on Grantor's property. g. City shall install all new fence and gates, and all relocated fence and gates as part of the construction of said facilities within thirty (30) days from removal of the existing fence from the Grantor's property. h. The city shall grade and seed the pasture within the temporary easement to match preconstruction conditions no later than 30 days after the end of pipeline construction on Grantor's property. The Grantor shall protect, irrigate and otherwise maintain the seeded pasture area within the temporary easement after reseeding and re-grading is complete. i. City shall contact the Grantor at least Forty Eight (48) hours prior to installation of any drain culverts on the Grantor's property. The City agrees to pay the Grantor Fifteen Hundred Eighty Dollars ($1,580.00) in consideration for loss of use of the Grantor's training arena resulting from the City's use and enjoyment of said easements and privileges granted herein. 4. This Contract shall not be binding unless and until executed by the Public Works Director and the Mayor and/or their authorized representatives. The parties have herein set out the whole of their agreement, the performance of which constitutes the entire consideration for the granting of said easements and shall relieve the CITY of all further claims or obligations by the Grantor on that account or on account of the location, grade, construction, and maintenance of said facilities. IN WITNESS WHEREOF, the parties have executed this Contract the day and year first above written. CITY of eridian $ ~N'b'' Yt/vWLL ~ Z S~ ~~ Y Gary Smith, P.E., Public Works Director By: Robe Corrie ATTEST: Title: ~ ~ Easement Contract DE Cooper GRANTORS• ~ , By: Printed: ~ rs~..(~ ~~ ;~-- Date: ~~/~ ~/ / ~`~k~t~~ ~' ` i^ ': -Social Security Number: .fir/ ~" _S'e r°~ 1 PC. "1 T~ ~' ~ ~ .. ~°A" Printed: - C„aO v' 9t y ~,Ll.. T n`~ ~ .~ '~ Page ~~~ ~~,, ~, ~„, ~~~ City Council Approval Date: f Z - ~ ~ ~ Date: State of Idaho ) SS County of Ada ) On this day of ~~~g~ , 2001, personally appeared before me ,who executed the within and foregoing instrument on behalf of the CITY and acknowledged said instrument to be the free and voluntary act and deed, and on oath stated that he/she was authorized to execute said instrument. ~ +OT~r ~ * «.. f ~'v~~t~ ~ o ~'T$ OF 1~~~ State of Idaho ) SS County of ) On this ~~ day of Nfl~~`~h-, 2001, personally appeared before me 1 ' `~' _l ~~~~ ,who executed the within and foregoing instrument on behalf of the GRANTOR and acknowledged said instrument to be the free and voluntary act and deed, and on oath stated that he/she was authorized to execute said instrument. w-------~~+r gyp, BRiCk~o •,, y •. ,r ~otr-~tr M~ Notar Public for Idaho Z'~ O~ My Commission Expire Easement Contract Page 3 of 3 DE Cooper W oe 3 W 0 W Q e a ~ ~ fA m a ~ Z W eep j : ~ 0 tl V ~~ ~i ~ F W ~ q W z = ~Q 4. 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