Black Cat Trunk Sewer Easement for Citadel on AmityADA COUNTY RECORDER Christopher D. Rich 2017-099208
BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 10/18/2017 03:28 PM
CITY OF MERIDIAN, IDAHO NO FEE
THIS INDENDTURE, made this 2--7 day of -S6-Pkrnb1,K,- 2017 between
SKYLINE BOISE, L.L.C., an Idaho limited liability 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"):
4,1
The Sanitary Sewer Easement hereby granted is for the purpose of construction and
operation of an underground sewer line and allied sewer facilities, together with their
maintenance, repair and replacement. Any allied sewer 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
repair and replacement of the underground sewer line. For ordinary inspections, maintenance
and repairs, GRANTEE will access the Sanitary Sewer Easement through alternative access
provided by GRANTEE through the primary entrance and drive aisles of GRANTOR's adjacent
lands. 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
SANITARY SEWER EASEMENT- I
13851932-3 [12094-431
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 GRANTOR's property, and shall promptly cause
any liens that do attach to be discharged or bonded.
GRANTOR hereby covenants and agrees that, except as provided herein, it will not
place or allow to be placed any permanent structures in the Sanitary Sewer Easement.
GRANTOR may place fencing and paving, and may plant trees and perennial
shrubs within the Sanitary Sewer Easement, but GRANTOR shall remove the same at
GRANTOR's expense if requested by GRANTEE for GRANTEE to conduct repair or
replacement activities in the Sanitary Sewer Easement. GRANTOR will, at GRANTOR's
expense, remove any trees or shrubs in the Sanitary Sewer Easement upon GRANTEE's request
if GRANTEE determines that such trees or shrubs pose a material risk of damage to the
underground sewer line or allied sewer facilities.
GRANTEE agrees that this Sanitary Sewer Easement is nonexclusive and may be used
for any purpose not inconsistent with the rights conveyed to GRANTEE hereunder. Specifically,
GRANTEE agrees that GRANTOR contemplates using, or allowing GRANTEE or others to use,
some or all of the Sanitary Sewer Easement for other utility infrastructure (including the
specifically contemplated water pipeline and allied facilities), and GRANTEE agrees that such
uses are not inconsistent with GRANTEE's rights hereunder. GRANTEE agrees to design and
install all of GRANTEE's improvements in the Sanitary Sewer Easement in a manner that will
allow other utility infrastructure to be co -located therein.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
except as provided herein, that GRANTOR shall be solely responsible for the repair and
maintenance of the surface of the easement area. 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 sewer 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.
SANITARY SEWER EASEMENT - 2
13851932-3 [12094-431
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 achieve substantial completion of the installation of the
underground sanitary sewer pipeline on or before August 15,2018, Grantor may terminate the
Sanitary Sewer Easement. In the event of such termination, no further Building Permits shall be issued
and no Certificates of Occupancy shall be issued for the Premises until the Parties have mutually agreed
on a new location for the underground sanitary sewer pipeline, to be set forth in a replacement easement.
The easement requirement of the March 15, 2016 Development Agreement between the Parties can only
be waived through City of Meridian's Development Agreement Modification procedure, and Grantor's
termination of this easement without the Parties' agreement on a replacement shall constitute default
under the Development Agreement.
[Remainder- ofpage intentionally left blank; counterpart signature pages follow]
SANITARY SEWER EASEMENT - 3
13851932-3 (12094-43]
IN WITNESS WHEREOF, the said parties have hereunto subscribed their signatures the day and
year first herein above written.
GRANTOR
BOISE SKYLINE L.L.C., an Idaho limited liability company
By:
Amy Kelley, ager Zy
Address: PO Box 546
Meridian, Idaho 83680
STATE OF IDAHO )
ss.
County of Ada
On this Z-1 day of S2, of , 2017, before me, the undersigned, a Notary Public in
and for said State, persona ly appeared Amy Kelley, known or identified to me to be an Manager
of Boise Skyline, L.L.C., the limited liability company that executed the within instrument, and
acknowledged to me that the limited liability company 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)
STEPHANIE D. MEYER
NOTARY PUBLIC
STATE OF IDAHO
SANITARY SEWER EASEMENT - 4
13851932-1112094-43)
AJii� '
NO ARY PUBLIC FOR IDAIlb
Residing at: A,)(/, (�UUIiL
Commission Expires: Z3
GRANTEE
CITY OF ERTDI N
Att68t by C. y Coles, City Clerk
Approved By City Council On: c / o
STATE OF IDAHO
ss
County of Ada )
�EIDIAN�--
IDAHO
SEAL y/
On this I day of 0C4C bPW— , 2017, before me, the undersigned, a Notary Public in
and for said State, personally appeared T- m� and C. Jay Coles, known to me to be KLi�
CO�InG i PCE��ayar 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.
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SANITARY SEWER EASEMENT - 5
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NOTARY PUB I FOR IDAH
Residing at: oAcan —T -L
Commission Expires: 3 -,RR •.'� o a a
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EXHIBIT A
Sanitary Sewer Easement
Citadel
Boundary Description
Project Number 10-15-116 September 19, 2017
An easement situated in in Government Lot 1 of Section 31, Township 3 North, Range 1 East, Boise
Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows:
Commencing at the northwest corner of Section 31, Township 3 North, Range 1 East, Boise Meridian;
Thence N89°20'31"E, 787.07 feet along the north line of the Government Lot 1;
Thence S00°39'29"E, 25.00 feet to the southerly right-of-way line of E. Amity Road, the POINT OF
BEGINNING:
Thence N89°2031"E, 55.88 feet along the southerly right-of-way line of E. Amity Road;
Thence S56°52'25"W, 181.95 feet;
Thence S00°36'51"W, 609.36 feet to the south boundary of Parcel A of Record of Survey 9941
and Warranty Deed 2015-103522, records of Ada County, Idaho;
Thence N89°22'32"W, 40.00 feet along the south boundary of Parcel A;
Thence N00°3651"E, 618.72 feet;
Thence N56°5225"E, 162.87 feet to the POINT OF BEGINNING.
The above-described easement contains 0.68 acres, more or less.
Prepared from information of record.
Page 1 of 1
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EXHIBIT
Point of Beginning
Sanitary Sewer Easement
& Temporary Construction Easement 1
E. Amity Rd. Point of Beginning
Temporary Construction
N89'20'31"E 787.07' Easement 3
Point of Beginning
Temporary Construction
Easement 2
\ _\ _
^L9 \ / L2 / �L10
Temporary '� /� '-Ob( Temporary
Construction-- \ �S j ter -L13 Construction
Easement 1 ; 0000j � \ Easement 2
�0' \
I Existing
I I \ \ Pipeline
Easement
I—� 20' \ \
0 60 100
SCALE IN FEET
I I I \
I \
I - --98' \
i ( I
I I I
I I I
Temporary
Permanent I I Construction
Sewer Easement 3
EasementNil
I I I
I I ,
I 1
L5 j L16 j
REU6E OFDRA'j(N06
THSDDDUAIENT,AND,NEpF/S AYO DESIGNS NGDPPORAIEDN
Line Table
Line #
Direction
Length
L1
500'39'29"E
25.00'
L2
N89'20'31 "E
55.88'
L3
S56'52'25'W
181.95'
L4
S00'36'51"W
609.36'
L5
N89'22'32'W
40.00'
1-6
N00'36'51 "E
618.72'
L7
N56'52'25"E
162.87'
L8
N00'36'51 "E
87.46'
L9
N89'20'31 "E
135.47'
L10
N89'20'31 "E
118.61'
1-11
S00'39'32"E
260.12'
L12
N40'1 2'32"W
271.77'
L13
N00'36'51"E
16.16'
L14
N56'52'25"E
64.10'
L15
S00'36'51"W
674.84'
L16
N89'22'32"W
98.00'
L17
N56'52'25"E
117.85'
EXHIBIT
Point of Beginning
Sanitary Sewer Easement
& Temporary Construction Easement 1
E. Amity Rd. Point of Beginning
Temporary Construction
N89'20'31"E 787.07' Easement 3
Point of Beginning
Temporary Construction
Easement 2
\ _\ _
^L9 \ / L2 / �L10
Temporary '� /� '-Ob( Temporary
Construction-- \ �S j ter -L13 Construction
Easement 1 ; 0000j � \ Easement 2
�0' \
I Existing
I I \ \ Pipeline
Easement
I—� 20' \ \
0 60 100
SCALE IN FEET
I I I \
I \
I - --98' \
i ( I
I I I
I I I
Temporary
Permanent I I Construction
Sewer Easement 3
EasementNil
I I I
I I ,
I 1
L5 j L16 j
REU6E OFDRA'j(N06
THSDDDUAIENT,AND,NEpF/S AYO DESIGNS NGDPPORAIEDN
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Government Lot 1 of Section 31, T3N., R.1 E., B.M.,
1 of 1
1-U•0 ENGINEERS, INC
City of Meridian, Ada County, Idaho
NO REVISION OE9CflIP110N BY P OATS LAST UPDATED; DA 520,7