Irrigation Pipeline Easement with Howell Murdoch Development Corporation, Inc. for Settler's ParkRECORDED-REG OF �
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J. QAVID NAVARRO
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2002 MY-8 AM 4;07 1 f 1020512868
IRRIGATION PIPELINE EASEMENT
CITY OF MERIDIAN
PARKS AND RECREATION DEPARTMENT
AND
HOWELL-MURDOCH DEVELOPMENT CORPORATION, INC.
FOR
MERIDIAN SETTLERS (56 ACRES) PARK
APRIL 1, 2002
IRRIGATION PIPELINE EASEMENT
This Irrigation Pipeline Easement (the "Easement") is made and entered into this
day of ri j _'2002, by and between the CITY OF MERIDIAN,
DIVISION OF PARK AND RECREATION, (hereinafter "CITY"), and HOWELL-
MURDOCH DEVELOPMENT CORPORATION, INC., (hereinafter "HOWELL-
MURDOCH");
WITNESSETH:
For good and sufficient consideration it is agreed:
Section 1. RECITALS:
1.1 "CITY" desires to obtain an easement for an irrigation pipeline over, under
and across the real property described in Exhibit "A", and on the terms and
conditions hereinafter set forth, "HOWELL-MURDOCH" is willing to grant
the same to "CITY".
1.2 "Howell -Murdoch" desires to obtain an easement for an irrigation pipeline
over, under and across real property described in Exhibit "B", and on the
terms and conditions hereinafter set forth, City is willing to grant the same to
"Howell -Murdoch".
Section 2. GRANT OF EASEMENT:
2.1 On the terms and conditions hereinafter set forth "HOWELL. MURDOCH"
hereby grants to "CITY" a perpetual easement for irrigation pipeline on,
under, over and across the "HOWELL-MURDOCH" property, and
"HOWELL-MURDOCH" authorizes the "CITY" to construct, install, build,
repair, maintain, clean, access, and enhance an irrigation pipeline system
thereon (hereinafter "Authorized Use"). Specifically, said easement is a 20' x
426.10' drainage easement located on the "HOWELL-MURDOCH" property,
and is described and shown on Exhibit "A", consisting of two pages, attached
hereto.
2.2 Except as provided herein, the easement herein granted is nonexclusive to
"CITY", and no structures, obstructions, or other improvements are to be
constructed on the easement without the prior written consent of "CITY",
which consent shall not be unreasonably withheld. When such consent is
given, if any structures, fences, obstructions, landscaping or other
improvements constructed or planted on the easement must be removed in
order for "CITY" to perform its obligation to repair and maintain the irrigation
Irrigation Pipeline Easement — 56 acre park / Howell 1
pipeline, the costs of removal and replacement or restoration of the same
shall be the obligation of "HOWELL-MURDOCH".
2.3 On the terms and conditions hereinafter set forth "CITY hereby grants to
"HOWELL-MURDOCH" a perpetual easement for irrigation pipeline on,
under, over and across the "CITY" property, and "CITY" authorizes
"HOWELL-MURDOCH" to construct, install, build, repair, maintain, clean,
access, and enhance an irrigation pipeline system thereon (hereinafter
"Authorized Use"). Specifically, said easement is a 20' x 436.30' drainage
easement located on the "CITY" property, and is described and shown on
Exhibit "B", consisting of two pages, attached hereto.
2.4 Except as provided herein, the easement herein granted is nonexclusive to
"HOWELL-MURDOCH", and no structures, obstructions, or other
improvements are to be constructed on the easement without the prior written
consent of "HOWELL-MURDOCH", which consent shall not be unreasonably
withheld. When such consent is given, if any structures, fences, obstructions,
landscaping or other improvements constructed or planted on the easement
must be removed in order for "HOWELL-MURDOCH" to perform its
obligation to repair and maintain the irrigation pipeline, the costs of removal
and replacement or restoration of the same shall be the obligation of "CITY".
2.5 Notwithstanding any provision herein to the contrary, the parties hereto
agree: that neither will construct any permanent buildings or non -easement
related structures, nor install any deep rooting landscaping, in the easement
area; no trees will be planted closer than ten (10) horizontal feet away from
the centerline of the pipe as placed in the easement. For the purposes of this
agreement, sidewalks, grass, shrubs, mulch or other landscape cover are not
prohibited in the easement area.
Section 3. CONSTRUCTION, INSTALLATION, ACCESS AND MAINTENANCE:
3.1 Except as noted hereafter, at its sole cost and expense "CITY" shall
construct, install, access and maintain the irrigation pipeline system on,
over, under and across Exhibit "B", the construction, installation,
access and maintenance thereof to be performed in accordance with
the policies of "CITY" and sound engineering practices. Provided,
however, at its sole cost and expense, HOWELL-MURDOCH will
reimburse the City $2,600.00 for the cost of constructing the two clean
out manholes at the Cedar Springs entrance off of Meridian Road.
3.2 After construction and installation is completed, at its sole cost and
expense, the "CITY" shall maintain the irrigation pipeline system in
good condition and repair, until such time when the pipeline is
Irrigation Pipeline Easement — 56 acre park / Howell 2
extended as the main supply source for the "HOWELL-MURDOCH"
pressurized irrigation system, whereupon HOWELL-MURDOCH will
assume all maintenance responsibilities, including the cost of same.
"CITY" shall have access to and from, over and across the Exhibit "A"
for the purposes of such repair and maintenance during its period of
maintenance responsibility. Provided, however, that "CITY" will
maintain that portion of the pipeline constructed in the easement
described in Exhibit "B".
3.3 If the adjoining property owned by "HOWELL-MURDOCH", or the
surface of the easement if the irrigation pipeline system constructed
and installed by "CITY" is buried, is damaged as a result of the
"Authorized Use" by "CITY" of the easement herein granted or the
failure or neglect of "CITY" to construct, repair, access and maintain
the irrigation pipeline system thereon as required by this Section,
"CITY" shall, at its sole cost and expense, repair and restore the same,
to the extent reasonably practicable, to the same condition it was in
prior to such damage.
Section 4. INDEMNIFICATION: Subject to the provisions of, and limits of liability set
forth in, the Idaho Tort Claims Act;, "CITY" shall indemnify and hold harmless "HOWELL-
MURDOCH" from and against all claims, actions or judgements for damages, injury or
death caused by or arising out of its "Authorized Use" of the easement.
Section 5. COVENANTS RUN WITH THE LAND: This easement shall be a burden
upon the respective easement areas and shall be appurtenant to and for the benefit of the
parties hereto, and shall run with the land.
Section 6. ATTORNEY'S FEES AND COSTS: In any suit, action, or appeal therefrom
to enforce or interpret this easement, the prevailing party shall be entitled to recover its costs
incurred therein, including reasonable attorneys' fees.
Section 7. EXHIBITS: All exhibits attached hereto are incorporated herein as if set forth
in full herein.
Section 8. SUCCESSORS AND ASSIGNS: The easements 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.
Section 9. RECORDATION: This easement shall be recorded in the Real Property
Records of Ada County, Idaho.
IN WITNESS WHEREOF, the undersigned have caused this easement to be
executed the day, month and year first set forth above.
Irrigation Pipeline Easement — 56 acre park / Howell 3
"CITY"
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ATTEST:
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William G. Berg, Jr., Ci Cle w b
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"HOWELL-MURDOCH"
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e A. Howell
STATE OF IDAHO,
ss:
County of Ada,)
On this day of 2002, before me, % Gtllid Y1 QYYi�
a Notary Public in and for said State of Idaho,
personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known or identified to me
to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed this instrument
or the persons who executed the instrument on behalf of said City, and acknowledged to me that
such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day,
month and year first above written.
Irrigation Pipeline Easement — 56 acre park / Howell 4
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STATE OF IDAHO, )
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On this day of Chi/ 2002, before me, S r Qo
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a Notary Public in and for said State of Idaho,
perso lly appe ed EIVIN A. HOWELL, known or identified to me to be the
of HOWELL-MURDOCH DEVELOPMENT CORPORATION, INC.,
wh executed this instrument, and acknowledged to me that said corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day,
month and year first above written.
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EXHIBIT "A"
HOWELL-MURDOCH EASEMENT
A strip of land 20.00 feet in width lying wholly and exclusively within Parcel II as shown on
Record of Survey No. 4958, Instrument No. 100030102, Records of Ada County, Idaho,
being also a portion of the southeast 1/4 of Section 36, Township 4 North, Range 1 West,
B.M., the east line of said strip being more particularly described as follows:
Commencing at the found 3 1/4" aluminum cap marking southeast corner of said Section 36,
Township 4 North, Range 1 West, B.M.;
Thence N 00°51'23" E along the east line of said Section 36, being also the centerline of
Meridian Road, a distance of 1325.05 feet to the south 1/16th corner of said Section 36;
Thence continuing N 00°51'23" E along the east line of said Section 36, a distance of
225.00 feet;
Irrigation Pipeline Easement — 56 acre park / Howell 5
thence N 89°08'37" W, a distance of 48.00 feet to the POINT OF BEGINNING of the east
line of the said 20.00 foot strip of land, said line being 48.00 feet west of, and parallel to,
the east line of the southeast 1/4 of said Section 36;
thence S 00°51'23" W along the east line of said 20.00 foot strip, a distance of 426.12 feet
to the south line of Parcel II and the POINT OF TERMINUS, said point being N 89°10'45"
W a distance of 23.00 feet from the found 5/8" re -bar and cap. P.L.S. 5617, marking the
southeast corner of said Parcel II
The above described parcel contains 0.20 acres, more or less, and references Record of
Survey No. 4958, Instrument No. 100030102, Records of Ada County, Idaho.
EXHIBIT "B"
CITY OF MERIDIAN EASEMENT
A strip of land 20.00 feet in width lying wholly and exclusively within the southeast 1/4
southeast 1/4 of Section 36, Township 4 North, Range 1 West, B.M., as shown on Record of
Survey No. 4958, Instrument No. 100030102, Records of Ada County, Idaho, the east line
of said strip being more particularly described as follows:
Commencing at the found 3 1/4" aluminum cap marking the southeast corner of said Section
36, Township 4 North, Range 1 West, B.M.;
thence North 00°51'23" East coincident with the east line of said Section 36, being also the
centerline of Meridian Road, a distance of 1123.94 feet;
thence North 89°08'37" West perpendicular with the east line of said Section 36, a distance
of 25.00 feet to a found 5/8" re -bar and cap P.L.S. 5617, marking the southeast corner of
Parcel II;
thence North 89°10'45" West coincident with the south line of said Parcel II, a distance of
23.00 feet to the POINT OF BEGINNING of the east line of the said 20.00 foot strip of
land, said line being 48.00 feet west of, and parallel to, the east line of the southeast 1/4 of
said Section 36;
Irrigation Pipeline Easement — 56 acre park / Howell 6
thence South 00°51'23" West coincident with the east line of said 20.00 foot strip, a
distance of 436.30 feet to the POINT OF TERMINUS.
The above described parcel contains 0.20 acres, more or less, and references Record of
Survey No. 4958, Instrument No. 100030102, Records of Ada County, Idaho.
Irrigation Pipeline Easement — 56 acre park / Howell 7