Temporary Construction Easement for Black Cat Sewer Phase 5 - JR Simplot Co.TEMPORARY CONSTRUCTION EASEMENT
ZCAI
THIS INDENTURE, made this day of 241.6 between J. R. Simplot Company
("GRANTOR"), and the City of Meridian ("GRANT E");
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, 2018, 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 materialman'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. 'm lot Company
B
David Spurling, Senior Vi President and
Secretary
I
GRANTEE: CITY OF MERIDIAN
�PxBD A UCLs
Tammy de , ayor ��° T,
City of
Er{IDIANk
in�wo
Att9st by y Clerk � SEAL
1�/ ��Co T� �A
Approved By City Council On: P K,. ��� ��"S�¢
TEMPORARY CONSTRUCTION EASEMENT Page 2 of 6
JUB I
J•U•B ENGINEERS, INC.
PI THE 1 GATEWAY
IUB COMP! JIB LANGGON NAPPING
4 1 onoul j INC.
EXHIBIT 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 S01°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 S89°45'40"E, 60.01 feet along the south boundary of Rumple Lane;
Thence S01°03'06"W, 145.01 feet parallel with and 60 feet from the easterly right-of-way line of
S. Meridian Rd.;
Thence S89°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 S00°29'38"W, 118.31 feet parallel with and 544 feet from the east line of the west half
of the southwest quarter;
Thence S35°25'27"E, 363.20 feet;
Thence S27°30'10"E, 33,21 feet;
Thence S62°29'50"W, 75.00 feet;
Thence S27°30'10"E, 188.33 feet;
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TEMPORARY CONSTRUCTION EASEMENT Page 3 of 6
J U -B
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;
TH GATEWAY
J -U -b CONIPANIES a, L LANOOON MAPPING
.:...K' GROUP INC.
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 12.50 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 503°02'28"E, 75.00 feet;,
Z",
Thence S86°49'25"W, 56.10 feet; 'r.
Page 2 of 3
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TEMPORARY CONSTRUCTION EASEMENT Page 4 of 6
u -e
J•U•B ENGINEERS, INC.
Simplot continued...
Thence S05°11'08"W, 420.76 feet;
`�
j THE GATEWAY
'U'fj COWIIINIFS �` LA GOON MAPPINO
GROUP INC.
Thence SO4°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.
LA
n
Page 3 of 3
a 250 S. Beechwood Avenue Suite 201 Boise, ID 83709 p 208-376-7330 /'208-323-9336 1v www.lub.com
TEMPORARY CONSTRUCTION EASEMENT Page 5 of 6
Lf 0 f Point of Beginning 1
L1 1.3
--so' i
f� - - - - - - - - - - -L5- - - - - - - (
t
(emporary 'v '
Construction coo
Easement 1 LO
I �\Y J
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1 +
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Sewer \ < <
Easement
c \\
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1'� 1f
c -;m i 75'
I I III I
I f I�Ir �, I
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L28 11
L27✓�L29�)
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I L17r L15
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if L16
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Temporary
Construction--_``
Easement 2
25 3(_
36 331 E. Amity Rd. ~C Point of Beginning 2
Line Table
Line b
Direction
Length
Lt
589'45'40"E
SO.0 i'
L2
�;Oro3'O6"W
25.00'
----L3
589'45'40"E
60.01'
L4
SU 1'U3'OE"V1
145.01'
1-5
589'45'40"E
823 05'!
1-6
S00"29'38"4/
454.00'
L7
N89'45' 40"V/
352.00-
L8
SoW29'.ir/1
118.31'
---------
1..9
----------
S35'25'27"E
363.20'
UO
52?'30'10"E
33.21'
562'29'50"V/
75.00'
_Lit
L12
S27'3D'10'E
188.33'
L13
522'33'24"E
188.15'
L14
503'02'28"E
508_68'
L15
58'0 49'25"W
146.85'
L16
N05'I 1'08"E
75,81'
L17
N86'49'25"E
61,00'
U8
NO3'02'28'W
420.96'
L19
N22'33'24`W
172.02'
L20
N27'3D'10"W
207.92'
L21
N35'2527"VI
340.34'
L22
N44'47'38'N
254,59'
L2.3
N32'42'44"W
433.10'
L24
NO 1403'O6'E
271,58'
L25
N04'UO'13"VI
363.49'
L26
NO:i 11'08"E
491.56'
— 127
N86'49'25"E
121.05'
L28
;03'02'28"E
75.00'
1.29
L30
L3'
586'49'25"N
S05'I1'08'W
.56.10'
420.76'
304-00-1 V'E
362.53'
L32
S89'51'41'W
75.17'
Exhibit A1.2
"N'
f
0 150 300
I
SCALE IN FEET
Meridian Black Cat Trunk I SHEET
City of Meridian
The W 1/2 SW 1/4 of Section 30, T3N., R.1 E., B.M., 1 of 1
J -U -B ENGINEERS, INC. City of Meridian, Ada County, Idaho
TEMPORARY CONSTRUCTION EASEMENT Page 6 of 6