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J.R. Simplot Company Contract for Temporary and Permanent Easements for Black Cat Trunk Sewer PhaseCity of Meridian 33 East Broadway Avenue, Meridian, ID 83642 PERMANENT AND TEMPORARY EASEMENT CONTRACT Project # and Description: 10-15-116, City of Meridian, BIack Cat Trunk Sewer Parcel # and Owner: Ada County Assessor's Parcel Number S 1130325752, 121 Acre parcel located at 4390 S. Meridian Road, J. R. Simplot Company ("Subject Property") THIS PERMANENT AND TEMPORARY EASEMENT CONTRACT ("Agreement"), made this5_ 4 day of 2016, is between the City of Meridian, acting by its Mayor and Council, herein called "CITY" and J. R. Simplot Company, herein called "GRANTOR". WHEREAS, CITY is constructing the Black Cat Trunk Sewer Phase 5 project in South Meridian (the "Project"); and, WHEREAS, GRANTOR owns and operates a self -storage facility on the Subject Property, known as Valley Storage; and, WHEREAS, the CITY has determined that the Project will improve sewer capacity and delivery as well as extend sewer services through an area of existing and future development and growth in South Meridian; and, WHEREAS, the CITY has determined that a portion of the Subject Property is a suitable location for a portion of the Project; and, WHEREAS, certain existing tenants of GRANTOR have personal property ("Tenants' Stored Goods") located within parts of the Subject Property that will be impacted by the Project and such affected Tenants' Stored Goods shall be relocated by CITY to the Tenant Relocation Site (as more particularly defined and described in Exhibit A-0, attached hereto) to accommodate the construction of the Project; and, WHEREAS, based on assurances provided by Ada County, the CITY has provided assurances to GRANTOR that the construction of the Project will not affect Grantor's ability to continue to utilize the Subject Property, currently zoned RUT in Ada County, in a manner consistent with its current uses, and that the performance of any obligations of the parties to this Agreement shall not constitute a land use change or re -one of the Subject Property; and, WHEREAS, CITY has no plans to require GRANTOR to annex the Subject Property into the City of Meridian, and CITY and Idaho Code 50-222 prohibits cities from initiating a non- consensual annexation of lots or blocks containing more than five acres of land; and, WHEREAS, subject to the terms outlined below, GRANTOR agrees to deliver to the CITY a temporary construction easement included herewith as Exhibit A-1 ("Temporary Construction Easement"), and a sanitary sewer easement included herewith as Exhibit A-2 ("Sanitary Sewer Easement"): PERMANENT AND TEMPORARY EASEMENT CONTRACT Page I of 7 NOW THEREFORE, the parties hereto agree as follows: 1. INCORPORATION OF RECITALS: The above recitals are included in this Agreement and by this reference are incorporated herein. 2. CITY CONSIDERATION CITY agrees to the following in consideration for GRANTOR'S agreement to provide the easements described herein. A. The CITY, at the City's sole expense, agrees to provide a potable water stub -out on the Subject Property along Amity Road. The stub -out will be at a location mutually agreed upon between the CITY and GRANTOR. The installation shall consist of an eight inch (8") stub -out and related appurtenances on the north side of Amity Road. Except for the end of the stub -out, all additional features necessary to accomplish the stub -out shall be located within the Amity Road public right-of-way. The work to install this stub -out is anticipated to occur as the CITY constructs water main improvements in Amity Road in 2016 and shall be completed no later than June 30, 2017. Despite the installation of the stub -out, the Subject Property will not be connected to the CITY's potable water system until such time as GRANTOR may request such connection in the future and at such time that GRANTOR requests a connection, GRANTOR shall be subject to all CITY connection requirements. B. The CITY, at the City's sole expense, agrees as part of the Project to install an eight inch (8') sewer stub -out from one manhole in the northwest portion of the sewer on the Subject Property at a location mutually agreed upon between City and Grantor. Sewer stub -out shall be installed and completed no later than December 31, 2018. Despite the installation of the stub -out, the Subject Property will not be connected to the CITY's wastewater collection system until such time as GRANTOR may request such connection in the future and at such time that GRANTOR requests a connection, GRANTOR shall be subject to all CITY connection requirements. C. The CITY, at the City's sole expense will repair and regrade on-site access roads on the Subject Property that may be used to access the site for construction, and if reasonably necessary for the relocation of Tenants' Stored Goods to the Tenant Relocation Site, as specified in Exhibit A-0. D. After the Temporary Construction Easement and Sanitary Sewer Easements have been signed, gravel pads, security lighting and fencing will be constructed by the CITY on the Tenant Relocation Site in consideration for relocating the Tenants' Stored Goods. The mutual responsibilities, location, timing and construction standards are defined in Exhibit A-0 attached hereto. E. The CITY shall cooperate, assist and be solely responsible for costs incurred by GRANTOR in connection with notifications to the Tenants of Grantor of relocating the Tenants' Stored Goods. In addition, the CITY shall be responsible for conducting the relocation of Tenant's Stored Goods and all costs necessary therefor as further described in Exhibit A-00 attached hereto. F. Current Idaho law currently does not allow the CITY to annex the Subject Property without the consent of GRANTOR. The CITY acknowledges that GRANTOR has not PERMANENT AND TEMpoRARY EASEMENT CONTRACT Page 2 of 7 provided, and is not by entering into this Agreement providing, actual or implied consent to annexation. The CITY shall not impose or make any effort to accomplish an involuntary annexation of the Subject Property or any portion thereof until the earlier of (a) Twenty Five (25) years from the date of this Agreement; or (b) such time as GRANTOR, or GRANTOR'S successors or assigns, voluntarily apply with the applicable land use authority for a rezone of the Subject Property. In the event CITY, despite the above agreement, proceeds with an involuntary annexation, then as liquidated damages CITY (a) shall immediately pay GRANTOR an amount equal to Four Hundred Thousand Dollars ($400,000). 3. GRANTOR'S CONSIDERATION A. GRANTOR shall provide the site to construct the gravel pads, fencing and security lighting as defined in Exhibit A-0 and other considerations listed in Exhibit A-00. B. GRANTOR will allow access through an existing or a proposed new gated entrance and existing on-site access roads for the following. In the event a new gated entrance is required, the location of and materials for construction of said gate will be mutually agreed upon and installed at the expense of CITY. Access locations and staging needs are generally shown on Exhibit A-1.2 ii. Access to the site by the CITY's contractor for construction of the temporary gravel pads, fencing, security lighting and sewer. iii. Post -construction access by GRANTOR for the purpose of operation and maintenance activities of the sewer line as set forth in Exhibit A-2 4. GENERAL CONDITIONS A. This Agreement shall not be binding unless and until (a) executed by the Mayor and/or their authorized representatives and GRANTOR; and (b) until City obtains all necessary Ada County project approvals on behalf of GRANTOR with conditions that are acceptable to GRANTOR (without any change of zoning) for the Tenant Relocation Site which permits the storage of the Tenants' Stored Property that will be relocated pursuant to the terms and conditions of this Agreement. Upon satisfaction of such conditions, the parties will sign the Temporary Construction Easement and Sanitary Sewer Easement. B. Grantor hereby grants authority to City to make application to Ada County and act as Grantor's agent in pursuit of said land use approvals, and in that regard Grantor agrees to execute all necessary Ada County documents related thereto, provided any such applications are acceptable to Grantor. 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. C. Before, during and after construction, the CITY shall indemnify, defend and hold harmless GRANTOR, to the extent allowed by law, from all losses and damages and all claims of damage arising from or related CITY's performance of its obligations under PERMANENT AND TEMPORARY EASEMENT CONTRACT Page 3 of 7 this Agreement, including but not limited to the location, grade, construction and maintenance of the Project and the additional construction activities to be undertaken by the CITY in accordance with the terms of this Agreement. D. The CITY shall promptly repair any damage to the Subject Property and any personal property that occurs in connection with the Project and the construction activities described in this Agreement. The CITY shall pay, when due, all claims for labor and materials furnished, to, for or on behalf of CITY in connection with any work on the Subject Property that may be secured by any mechanic's or materialman's liens against any interest in the subject Property, and shall promptly cause any liens that do attach to the Subject Property to be discharged or bonded. The CITY shall, and shall require its construction contractors to, acquire and maintain comprehensive general liability insurance with a combined single limit of not less than $1 million and aggregate limits of not less than $2 million, and maintain workers compensation insurance in compliance with applicable law. The CITY shall, and shall require its construction contractors to, deliver certificates of insurance to GRANTOR evidencing the insurance required hereby prior to entry on the Subject Property. E. The term of the Temporary Construction Easement shall expire on December 31, 2018, or earlier if mutually agreed in writing. F. Time is of the essence with respect to the obligations to be performed under this Agreement. G. The party whose name appears below as GRANTOR, covenants and warrants that it is the OWNER of the Subject Property, are fully authorized to execute this document and forever bind GRANTOR, its successors and assigns and the Subject Property to the terms set forth herein.. IN WITNESS WEREOF, the parties have executed this contract the day and year first above written. CITY Tammy de a //d, Mayor Date: )?l C / AT aur r so`� Ci left 4 v° 'dzte x U cil: 1,: 'Ile GRANTOR J. R. Simplot Company By: James B. Alderman, Assistant Secretary Date: 17.— IS PERMANENT AND TEMPORARY EASEMENT CONTRACT Page 4 of 7 Exhibit A-0 Design and Construction of Tenant „Relocation Site 1. CITY responsibilities: a. The CITY will complete design and construction of a storage pad in compliance with the requirements of any required Ada County entitlements, security lighting and security fencing on the Subject Property of similar type and design as already exist on the Subject Property unless otherwise required by Ada County conditions of approval, at locations mutually agreed upon by the CITY and GRANTOR as generally shown on the site vicinity map, attached hereto as Exhibit A -OA and incorporated herein by this reference ("Tenant Relocation Site"). The design and construction of the Tenant Relocation Site will include site grading, compacting and drainage plans for gravel pads together with new security lighting, security fencing and improvements to existing fencing, and access roads to be used for the purpose of securing Tenants' Stored Goods and accessing the new Tenant Relocation Site. Drainage is assumed retained on-site with swales or a retention pond to be constructed by CITY. The temporary gravel pads shall consist of 12 -inch subbase layer of compacted on-site granular soils with a 4 -inch road base of imported crushed gravel. Existing fencing in the immediate area may be reset to accommodate the storage pad if reasonably required by GRANTOR b. The CITY, at CITY'S expense shall complete all permitting if necessary to construct the storage parking pads, including but not limited to L Ada County Grading Permit with applicable plan review, Erosion and Sediment Control Plan, lighting plan, and fencing plan. ii. Temporary easement encroachment and consent to use agreement permit within Watkins Drain easement by Boise Project Board of Control (BPBC) to the Bureau of Reclamation (BOR). PIan review fee is $100 and permitting fee is $265.00. iii. Incorporation of this work with the erosion and sediment control and stormwater pollution prevention plan preparation as part of the Project. c. The CITY will retain a licensed design engineer and public works contractor to design and construct the gravel storage pads, security lighting and security fencing. The anticipated start for construction of pad is within 45 days Ada County's approval of all necessary entitlements, and shall be completed prior to the date construction begins on the sewer line installation on the Subject Property. Construction may include minor regrading of access road to the Tenant Relocation Site. d. Provide any necessary signage to direct Tenants toward the Tenant Relocation Site. e. Provide any and all lighting necessary to allow for the safe relocation of the Tenants' Stored Goods to the Tenant Relocation Site. 2. GRANTOR responsibilities: a. Provide the site as necessary to facilitate design and construction of the Tenant Relocation Site. b. Provide timely review and approval of proposed plans required under this Agreement. c. Provide timely response to any information, documentation, or other items required by Ada County in the processing of the Iand use application. PERMANENT AND TEMPORARY EASEMENT CONTRACT Page 5 of 7 EXHIBIT A—DA 1, oGrurwe «r.t. - — 3ovFfl is II Advdouojm INasraolad r• a PPecrHotL9 GI'a1Pad � SaSK]U U3liO1s YNYN31 1nr Po�u�Mp an Is csz NblalH3W d0 AA0 ;; a E ,i` e '+�.+ 7NI'sd33HMJk3 E l r 4 : tui *� 5 3SVHA d3hh3S)IN HIjvo AovjB I } 0 ti Q � an.^-nsrasrr PERMANENT AND TEMPORARY EASEMENT CONTRACT Page 6 of 7 Exhibit A-00 Tenant Coordination and Tenants' Stored Goods Relocation a. Tenant Outreach i. The CITY and GRANTOR shall jointly prepare an initial notification letter on GRANTOR's stationery to be sent to GRANTOR'S affected tenants. GRANTOR shall send all mailings to the affected tenants and CITY shall pay associated costs. The mailing will include a return response card indicating if tenants will perform the relocation of their individual Tenants' Stored Goods or grant approval for relocation by the CITY. ii. The CITY shall work with Grantor to develop a database to track tenant responses and a point of contact. This tracking database will be utilized jointly by the CITY and GRANTOR to track the progress of relocated Tenants' Stored Goods. All information generated on said database shall remain in the custody of Grantor. iii. GRANTOR shall prepare (at CITY's expense) a second certified mailing to non-responsive tenants indicating the goods will be relocated by the CITY on or before a set date. b. Compensation for Relocation of Tenants' Stored Goods i. GRANTOR shall offer an incentive payment or credit to each of the affected tenants in the amount of $100.00 to self -perform the relocation in Iieu of the CITY accomplishing the relocation of the Tenants' Stored Goods. GRANTOR shall supply CITY with an invoice certifying the number of tenants who have self -performed the relocation of their stored goods, and City shall promptly pay the amount of the invoice to GRANTOR. For those remaining Tenants' Stored Goods not moved directly by the Tenants, the CITY shall then arrange and pay for licensed and bonded contractors who specialize in relocating similar goods to accomplish the relocation of any remaining goods. The City shall be solely responsible for all liabilities and costs related to conducting the relocation of the Tenants' Stored Goods. c. Administrativc Cost Allowance: The CITY is cognizant of the administrative time GRANTOR will incur associated with these tasks. A lump sum amount of $10,000 will be paid to GRANTOR for compensation of incurred administrative costs and business losses. b. GRANTOR shall provide the City with any correspondence GRANTOR receives in connection with the relocation of the Tenants' Stored Goods by the CITY. c. GRANTOR shall monitor progress of Tenants' Stored Goods moved by tenants and those Tenants' Stored Goods remaining to be relocated. d. GRANTOR shall assure that once Tenants' Stored Goods have been moved to the Tenant Relocation Site, the areas being vacated remain vacant for the duration of the Temporary Construction Easement time period. PERMANENT AND TEMPORARY EASEMENT CONTRACT Page 7 of 7 EXHIBIT A-1 TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this day of , 2016 between J. R. Simplot Company ("GRANTOR"), and the City of Meridian ("GRANTEE"); WITNESSETH: WHEREAS, GRANTOR will provide GRANTEE with a sanitary sewer easement on even date herewith; and WHEREAS, the Sanitary Sewer Easement provides for an underground pipeline to be constructed by GRANTEE; and WHEREAS, during GRANTEE'S initial construction of the underground pipeline, GRANTEE may need to temporarily occupy land outside the area provided under the Sanitary Sewer Easement to store and stage materials to be used during construction; and WHEREAS, during GRANTEE's initial construction of the underground pipeline, GRANTEE wants to use a temporary access to allow for materials and equipment to access the route for installing the underground pipeline. NOW, THEREFORE, in consideration of the benefits to be received by GRANTOR, and other good and valuable consideration, GRANTOR does hereby give, grant unto GRANTEE the temporary use of the following described real property ("Temporary Construction Easement"): (SEE ATTACHED EXHIBIT A.1.1 and A.1.2.) The Temporary Construction Easement hereby granted is for the purpose of constructing an underground sewer pipeline and related incidental work and storage of materials related to such construction. The termination of the Temporary Construction Easement shall expire 30 days after the installation and final acceptance of said sewer line and related appurtenances by GRANTEE or on December 31, 2018, whichever occurs first. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after installing and accepting said sewer line and related appurtenances, but no later than December 31, 2015, GRANTEE shall restore the area of the Temporary Construction Easement and adjacent property to that existent prior to undertaking such construction with exception of incidental facilities constructed by GRANTEE including temporary gravel storage pads or roadway improvements. GRANTEE shall also be responsible for repairing, replacing or restoring anything damaged on the aforementioned and described tract of land. TEMPORARY CONSTRUCTION EASEMENT Page 1 of 6 GRANTEE hereby agrees to indemnify GRANTOR from any and all liability for any loss, claim, or damage, demand, cause of action, costs or attorney's fees arising from GRANTEE exercising the rights granted by GRANTOR herein. GRANTEE shall, and shall require its construction contractors to, acquire and maintain comprehensive general liability insurance with a combined single limit of not less than $1,000,000 and aggregate limits of not less than $2,000,000, and maintain workers compensation insurance in compliance with applicable law. GRANTEE shall, and shall require its construction contractors to, deliver certificates of insurance to GRANTOR evidencing the insurance required hereby prior to exercising any rights granted herein. GRANTEE shall pay, when due, all claims for labor and materials furnished, to, for or on behalf of GRANTEE that may be secured by any mechanic's or materiaiman's liens against any interest in the subject aforementioned and described tract of land, and shall promptly cause any liens that do attach to be discharged or bonded. GRANTOR does hereby covenant with GRANTEE that GRANTOR is lawfully seized and possessed of the aforementioned and described tract of land, and that GRANTOR has a good and lawful right to grant said temporary construction easement. The Temporary Construction Easement is subject to all prior easements and encumbrances of record or apparent upon the aforementioned and described tract of land. This Temporary Construction Easement shall not be recorded. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: J. R. Simplot Company By: �. David °1 GRANTL CTTV f lR 1 001 ice President and Secretary Tammy dVkerd, Mayor ityClerk e VN IAN ��ed 1<00 Y M city "f E IDI IAN�-- SEAL w yT�p 1P �yP 11 ,I,h-TRT'-%" Approved''�Q [ On: 1 6 �r�CJ TEMPORARY CONSTRUCTION EASEMENT Page 2 of 6 .i'U_ - J•U-B ENGINEERS, INC, 1-U B COMPANIES �� �TH Roue°H -' € Ac?�.ia EXHISIT A1.1 Temporary Construction Easement Simplot Boundary [Description Project Number 10-15-116 November 15, 2016 Two easements situated in the west half of the southwest quarter (Government Lots 3 & 4) of Section 30, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: Easement 1 Commencing at the west quarter -section corner of Section 30, Township 3 North, Range 1 East, Boise Meridian; Thence S89°45'40"E, 80.01 feet along the north line of the west half of the southwest quarter to the easterly right-of-way line of S. Meridian Rd. (SH 69); Thence 501°03'06"W, 25.00 feet along the easterly right-of-way line of S. Meridian Rd. (SH 69) to the south boundary of Rumple lane, the POINT OF BEGINNING: Thence 589°45'40"E, 60.01 feet along the south boundary of Rumple Lane; Thence S01e03'06"W, 145.01 feet parallel with and 60 feet from the easterly right-of-way line of S. Meridian Rd.; Thence 589°45'40"E, 823.05 feet parallel with and 170 feet from the north line of the west half of the southwest quarter; Thence S00°29'38"W, 454.00 feet parallel with and 192 feet from the east line of the west half of the southwest quarter; Thence N89°45'40"W, 352.00 feet parallel with and 624 feet from the north line of the west half of the southwest quarter; Thence 500'29'38"W, 118.31 feet parallel with and 544 feet from the east line of the west half of the southwest quarter; Thence 535"25'27"E, 363.20 feet; Thence S27'30'10"E, 33.21 feet; Thence 562'29'50"W, 75.00 feet; � t S Tr ` Thence S27°30'10"E, 188.33 feet, 0V Page 3 p 1 of 3 �H C� L S a_ 250 S. Beechwood Avenue, Suite 201, Boise, I© 83Z 9 p 208-376.7330 >r 208-323-9336 W www.jub.com TEMPORARY CONSTRUCTION EASEMENT Page 3 of 6 .JU7_ J•U-B ENGINEERS, INC. Simplot continued... Thence S22°33'24"E, 188.15 feet; Thence S03°02'28"E, 508.68 feet; Thence S86°49'25"W, 146.85 feet; Thence N05°11'08"E, 75.81 feet; Thence N86°49'25"E, 61.00 feet; Thence NO3"02'28"W, 420.96 feet; Thence N22°33'24"W, 172.02 feet; Thence N27°30'10"W, 207.92 feet, - Thence N35°25'27"W, 340.34 feet; Thence N44°47'38"W, 254.59 feet; 1 -U -B COMPANIES ' LAN -00I GATEWAY E GROUP ING. Thence N32°42'44"W, 433.10 feet to the easterly right-of-way line of S. Meridian Rd. (SH 69); Thence N01°03'06"E, 271.58 feet along the easterly right-of-way line of S. Meridian Rd. (SH 69) to the POINT OF BEGINNING. The above-described easement contains 1.2.50 acres, more or less. Easement 2 Commencing at the west quarter -section corner of Section 30, Township 3 North, Range 1 East, Boise Meridian; Thence S14°48'22"E, 2722.90 feet along a random line to the northerly right-of-way line of E. Amity Rd., the POINT OF BEGINNING; Thence N04°00'13"W, 363.49 feet; Thence N05°11'08"E, 491.56 feet; Thence N86°49'25"E, 121.05 feet; Thence S03°02'28"E, 75.00 feet; Thence 586°49'25"W, 56.10 feet; cSO Page 2 of 3 a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83703 p 208-376.7330 f 208-323-9336 w www.-ub.com TEMPORARY CONSTRUCTION EASEMENT Page 4 of 6 U -B , J•U•B ENGINEERS, INC. Simplot continued... Thence S05°11'08"W, 420.76 feet; J -J -B COMPANIES i i 'NGDGN MAPPING GRGi1A "„' !„ INC. Thence 504'00'13"E, 362.53 feet to the northerly right-of-way line of E. Amity Rd.; Thence S89°51'41"W, 75.17 feet along the northerly right-of-way line of E. Amity Rd. to the POINT OF BEGINNING. The above-described parcel contains 1.56 acres, more or less. Prepared from information of record. Page 3 of 3 �'yq� S Suite 201. Boise, ID 83709 b 208-376-7330 f 208-323-9336 w www.iu6.com TEMPORARY CONSTRUCTION EASEMENT Page 5 of 6 L-'7 a Point of Beginning 1 04 L1 rL3 , J -L5 1 I Tempo "7, et ' COnstr Uc Of, p' ' Eosernent 1 I J r � I 192'+1 ' � r - L7 I� \� `�� �� -� X44• lb I I I Perrnun8nt \ Sewer \! ' fr Losement `aQ • a J � FA I s}f •1' x`11 rj I rz'�. 11y t r I I Ilm � L28 SII L27Lz9 I ' I L17/—L15 j Ir 1 L16 1 J, �I11 ' 75- �, 1 II li I _ 4 a 7' 41I I 'arnporary � Cnn9trl�artan—.�_ • 4111 EaSCrnent 2 25_1 3L32111-- — E. Amity Rd. Aoini or 36 3.1 Exhibit A1.2 n tsa 3E%1 "%MI SCALE IN FEET Meridian Black Cat Trunk Kl. HYLA ?WL.[>•4KL,- R •C>•[P:P.O� � '��iN4N0lFi.JC NN I4G ]BS �aLG OM�fni City of Meridian aaa.ni�ikt w<' f �r:Cy � Ci3i]Y II 16 Lrowwn The W 112 SW 1,4 o1 Section 30. T3N., R.1E.. B.M.. 141.6ENGIYEERS, VXG City of Meridian. Ada County. Idaho 15H"I 1of1 TEMPORARY CONSTRUCTION EASEMENT Page 6 of 6 Lrns rao'r Lane $ D;rect;en Length L1 S89'45'40"E 80.01' L2 SO''OSO6"IP 25.00' 13 589'45'40-E 6o.Da' L4 so 103,06'W 145.01' L5 S89'45'A01 82.1.05' L6 S00'24'38''N 454.00' L7 0088'45'40"N 352.00' L8 S=29'38'00 1'8.31' . L9 9.525'27-E 303.20' L10 S27'30'10"E 33.21' V. S61.29'SD-w S27'30' 10-E 7t).W, L13 '24"E 1813.,5'. L14 LIS '28"L 25''N 5C8.68' $46.85' L18 '08"E 75.81' '25"E 61,00' LId '28'00 dN44-Z7�38%v 420.46' L19 74 "FI 677.07' L20 L2' '10''00 201.42' '77'iV 340.34'1-22 '3$'w 254,59'L23 N3242'Wh 433.1d' L24 NC s'03'D61 271,"' L25 N04'00'I3W 353.49' L26 N05'!"06"8 41J1,5(i 127 N86'44`2]'E ,2'105' L28 SC3'02'28'E 75.00' 120 `.186'49'29" N SL'5'11"08"N 5ii.10' 420,78' t01 504'00'13T 362.53' S89'51*46-w 75.1T Exhibit A1.2 n tsa 3E%1 "%MI SCALE IN FEET Meridian Black Cat Trunk Kl. HYLA ?WL.[>•4KL,- R •C>•[P:P.O� � '��iN4N0lFi.JC NN I4G ]BS �aLG OM�fni City of Meridian aaa.ni�ikt w<' f �r:Cy � Ci3i]Y II 16 Lrowwn The W 112 SW 1,4 o1 Section 30. T3N., R.1E.. B.M.. 141.6ENGIYEERS, VXG City of Meridian. Ada County. Idaho 15H"I 1of1 TEMPORARY CONSTRUCTION EASEMENT Page 6 of 6 EXHIBIT A-2 SANITARY SEWER EASEMENT THIS INDENTURE, made this day of , 2016 between J. R. Simplot Company ("GRANTOR"), and the City of Meridian, Ada County, Idaho ("GRANTEE"); WITNESSETH: WHEREAS, GRANTOR will allow an underground sanitary sewer line to be installed underneath and across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer line will be an underground pipeline to be constructed by GRANTEE; and WHEREAS, it will be necessary for GRANTEE to maintain and service said underground sewer pipeline from time to time; NOW, THEREFORE, in consideration of the benefits to be received by GRANTOR, and for other good and valuable consideration, GRANTOR does hereby grant unto GRANTEE the following nonexclusive sanitary sewer easement on and under the following described property to provide for the installation, maintenance and service of an underground sanitary sewer line ("Sanitary Sewer Easement"): (SEE ATTACHED EXHIBIT A-2.1 and A-2.2) The Sanitary Sewer Easement hereby granted is for the purpose of construction and operation of an underground sewer line and allied facilities, together with their maintenance, repair and replacement. Any allied facilities installed within the Sanitary Sewer Easement shall be subterranean, shall be no more than 3 inches above the surface and shall not cover more than 3 square feet of surface area. The Sanitary Sewer Easement shall include the right of ingress and egress along the route of the Sanitary Sewer Easement for maintenance, repair and replacement of the underground sewer line. As matter of convenience, GRANTOR may, but is not obligated to, provide alternative routes for GRANTEE to access the Sanitary Sewer Easement. In the event GRANTOR, in GRANTOR's sole discretion, provides GRANTEE with alternative access to the Sanitary Sewer Easement, GRANTOR hereby reserves the right to relocate the alternate access at any time upon providing at least one hundred and twenty (120) days' prior written notice to GRANTEE. GRANTEE hereby agrees to indemnify GRANTOR from any and all liability for any loss, claim, or damage, demand, cause of action, costs or attorney's fees arising from GRANTEE exercising the rights granted by GRANTOR herein. GRANTEE shall, and shall require its construction contractors to, acquire and maintain comprehensive general liability insurance with a combined single limit of not less than $1,000,000 and aggregate limits of not less than $2,000,000, and maintain workers compensation insurance in compliance with applicable law. GRANTEE shall, and shall require its construction SANfTARY SEWER EASEMENT Page 1 of 7 contractors to, deliver certificates of insurance to GRANTOR evidencing the insurance required hereby prior to exercising any rights granted herein. GRANTEE shall pay, when due, all claims for labor and materials furnished, to, for or on behalf of GRANTEE that may be secured by any mechanic's or materialman's liens against any interest in GRANTOR's property, and shall promptly cause any liens that do attach to be discharged or bonded. GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, or plant any trees or large perennial shrubs, within the described easement area that would interfere with the use of said Sanitary Sewer Easement for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that GRANTEE shall be solely responsible for the repair and maintenance of the surface of the easement area. Additionally, after installing, making repairs, and performing maintenance and replacements to the sanitary sewer line, GRANTEE shall repair and restore the area of the Sanitary Sewer Easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring any permanent structures, trees or large perennial shrubs that GRANTOR has placed within the easement area in violation of this agreement. GRANTOR hereby covenants and agrees with GRANTEE that should any part of the Sanitary Sewer Easement hereby granted become part of, or lie within the boundaries of any public street, or public pathway, then the part of the Sanitary Sewer Easement which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. GRANTOR recognizes GRANTEE's need for occasional and emergency maintenance activities to the sewer line and associated allied facilities. In the event stored items encumber GRANTEES access to the sanitary sewer and sewer manholes GRANTOR shall promptly move said items to allow utilization to GRANTEE of the Sanitary Sewer Easement. GRANTEE may install temporary bollards around the sewer manholes to identify their location and to discourage parking thereupon. In the event any installed bollards interfere with GRANTOR'S operations, GRANTEE shall remove said bollards within 5 days of receiving written notice from GRANTOR. GRANTOR does hereby covenant with GRANTEE that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to grant said Sanitary Sewer Easement. The Sanitary Sewer Easement is subject to all prior easements and encumbrances of record or apparent upon the aforementioned and described tract of land. In the event Grantee fails to complete the installation of the underground sanitary sewer pipeline on or before December 31, 2018, the Sanitary Sewer Easement shall terminate. In the event of such termination, GRANTEE hereby provides consent for GRANTOR to record a termination and release of this instrument in the official real property records of Ada County, Idaho. Upon the recording of said termination and release, the parties hereto shall have no further obligations to one another except for indemnification obligations or any other obligations which, by their terms, are intended to survive SANITARY S6wER EASEMENT Page 2 of 7 termination. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR. J. R. Simplot Company By: David Spurling, Senior Vice President and Secretary Secretary Address STATE OF IDAHO ) SS. County of Ada ) On this day of , 20 , before me, the undersigned, a Notary Public in and for said State, personally appeared David Spurling, known or identified to me to be the Senior Vice President and Secretary of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) GRANTEE: CITY OF MERIDIAN Tammy a. M?- ,• - �j"N' I � ��V -� ierk n • NOTARY PUBLIC FOR IDAIT Residing at: Commission Expire- 11 xpire- r SAL Approved By City Council On: 1?/ )0/ ��l,", (Plp SANrrARY SEWER EASEMENT Page 3 of 7 STATE OF IDAHO, ) ss County of Ada On this -tQ— .y of Q -'e, r l , 20 / �p_, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and C.Jay Coles, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. i C(I (SEAL) NOTARY PUBLIC FOR IDAIqO / �i�•f��.��.,,�«�+ Residing at: Commission Expires: 4C Ic SANITARY SEWER EASEMENT Page 4 of 7 1r.. f.J'Ul'B J -11-B ENGINEERS, INC. 1-11.6 COMPANIES � p Z.... r��nM o EXHIBITA2.1 Sanitary Sewer Easement Simplot Boundary Description Project Number 10-15-116 November 15, 2016 An easement situated in the west half of the southwest quarter (Government Lots 3 & 4) of Section 30, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and being varying widths on each side of the following described courses: Commencing at the west quarter -section corner of Section 30, Township 3 North, Range 1 East, Boise Meridian; Thence S89"45'40"E, 80.01 feet along the north line of the west half of the southwest quarter to the easterly right-of-way line of S. Meridian Rd. (SH 69); Thence S01°03'06"W, 308.60 feet along the easterly right-of-way line of S. Meridian Rd. (SH 69); Thence SO4°39'32"E, 7.06 feet along the easterly right-of-way line of S. Meridian Rd. (SH 69) to the POINT OF BEGINNING: The width of the easement being 28.00 feet, 10.00 feet left (northeasterly) and 18.00 feet right (southwesterly) of the following six courses: Thence S32°42'44"E, 417.94 feet; Thence S44°47'38"E, 254.83 feet; Thence S35@25'27"E, 338.83 feet; Thence 527*30'10"E, 206.80 feet; Thence S22"33'24"E, 169.87 feet; Thence 503"02'28"E, 401.26 feet; The width of the easement being 36.00 feet, 18.00 feet left (southerly) and 18.00 feet right (northerly) of the following course: Thence S86049'25"W, 66.59 feet; The width of the easement being 28.00 feet, 18.00 feet left (easterly) and 10.00 feet right (westerly) of the following two courses: T f. Thence 505°11'08"W, 403.23 feet; F Page 1 of 2 �q£1 S a 2565. Beechwood Avenue, Suite 201, Boise, ID 83709 n 208-376-7330 f_208-323-9336 w www.jub.com SANITARY SEWER EASEMENT Page 5 of 7 (-J•U 1-U-3 COMPANIES `�� ; fANRPOH MAMNa ^ter. = ; ONOUP i INC. J-U-0 1ENGI NIVERS. INC. Simplot continued... Thence 504'00'13"E, 362.40 feet, more or less, to the northerly right-of-way line of E. Amity Rd., the POINT OF ENDING. The above described easement contains 1.68 acres, more or less. The sidelines of the above described easement shall extend or contract to form a closed figure and to close upon the right-of-way lines at the POINT OF BEGINNING and at the POINT OF ENDING. Prepared from information of record. 0. 11 4 Page 2 of 2 a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 f 208-323-9336 w www.jub.com' SANITARY SEWER EASEMENT Page 6 of 7 N � S89'45'40"E Exhibit A2,2 €30.01 ' C) u, O CC1I"rL - - --- - - - - --- ---- -+ 0 r r A Q SO4.39'32"E IA Point of Beginning T?rnporpry 7,()6• Constr uckion , Easement S32'42'44"C YYY v 150 300 4, 7,94' I_ SCALE IN FEET je,� 1 544'47'38"Eke 254.83' I 535'25'27"E �"• �' � �'� I Nerrnonent f �� I Srwrr� 1-QCenlfnt I I 527"30'10"E \�\ + 206.80' 52'2'33'14"t 1 I 169.5 7' I S03'02'28"E iii I I 401.25' I S3649'25'W cxi .i'I 68._ty' I r I i 505.1 t'os"w -•,. 403,23' 2$' I i I it i I SU4.00'13'E w r 362.410,4 lt z zTemper9ry r� r; �oflstr u Ctir�n --�_�- 1 f �U;semenk `� ° f 1 I Pant of Ending 25 3 36 31 — — E. Amity Rd. — \: ( $ Meridian Black Cat Trunk $MEET n•' ° r (� City of Meridian IOf1 The W tit SW 1+4 01 Section 30, T3N., R.1 E., B.M., 1.41.0 ENGINEERS. INC. City of Meridian. Ada County, Idaho SANITARY SEWER EASEMENT Page 7 of 7