Sanitary Sewer Easement with Bews, E.L. and Shirley 102000795 for Bridgetower Crossing
DEC. 21. 2001 8:57AM KELLER ASSOCIATES INC ~ .852 ~/
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SANITARYs!wER EASEMEij¡E EPl' -
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Th~ry ~ewer Easement (the "Agreement") is made and entered Into this £I s-r
day of 20~, by and between, E.L. Bews and Shirley G. Bews, the
"Grantor(s)," and the CITY OF MERIDIAN, a body polItIc and corporate of the State of
Idaho, the "Grantee:
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A. Grantor(s) own(s) the parcel of real property located in Ada County, Idaho. more
particularly described on Exnibit "A-1' & 'A-2" attached hereto (the 'Servient Estate").
8. Grantee desires to provide for e sanitary sewer trunk line across the Servient
Estate and adjacent properties, and In oonneotion therewith desires to obtain an
easement to construct. Install and maintain said trunk line system over and across the
Servient Estate, and on the terms and conditions hereinafter set forth, Grantor(s) (Is/are)
willing to grent the same to Grantee.
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE
MUTUAL COVE;NANTS CONTAINED HEREIN AND OTHER GOOD AND VALUABLE
CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:
1. Grant and Use. Grantor(s) grant(s) to Grantee a perpetual easement over and
across the Servient Estate for the transporta1ion and delivery of sewer water across the
Servient Estate, and for the construction. ¡netallation, opere1ion, maintenance, repair and
replacement of a sanitary sewer trUnk line system on the Servient Estate reasonably
necessary for such purpose (the 'Easemenf). The Grantea's use of tt1e Servient EGlate
is not exclusIve, but other uses of the Servient Estate by Grantor(s) shall not interfere
with the Grantee's Easement and its expected uses thereof. Grantor(s) further grant(s)
to Grantee:
The rlghl to grade the gravel maintenance road located within the
perpelual easement;
The right from time to time to trim and cut down and clear away any and
all trees and brush now or hereafter on the easement thai may inferrere
with the exercise of Grantees rights undsr this Instrument;
The right to Install, maintain and use gates in all fences that now cross or
shall hereaflOlr cross the easement;
Tne right 10 mark the location of the pipeline by sultablOl markers set In
the ground, provided that such markers shall be placed In fences or other
locations that will not Interfere with any reasonable use Grantor shall
make of the easement:
The right to construct futura manhole(s) oller and service connections to
this sewer trunk linG.
2. Construction. Installation and Maintenance. M Its sole cost and expense
Grilntee shall construct and install the system within the ServIent Estate, the
construction and installation. thereof to be performed In accordance with plans and
speoilications prepared by Grantee at Its sale cost and expense and reviewed by
Granlor(s) prior to tne commencement of construction. By reviewing such plans and
8.
b.
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d.
s.
PermfJl"lerrt Easemerrt
Page 1 of3
DEC. 21.21iJ1iJ1
8: 58AM
KELLER ASSOCIATES INC
NO. 862
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specifications Gl'llmor(lI) assume(s) no responslbllìty for any deficiencies or
Inedequacles In the desIgn or construction of the system, and the responsibility tnerefor
shall be and remain In Grantee.
After ccnstrucllon and Installation Is completed, at tts sale cost and expense
Grentee shall maintain the system in good condition and repair and as required to satisfy
all requirements of applicable laws, the policies of Grantee and sound engineering
practices, and Grantee shall have access to and from and over and across the Servient
Estatlil for the PU!1>O&es of such repair and malntenence.
If the adjoIning property owned by Grantor(s) or the surface of the Servient
Estate where the system Is buried Is damaged as a result of the construction or use or
repair and maintenance of this Easement by Grantee, Grantee, at Its sole cost and
expense. shall repair and restore the !!lame, to the ð)(tent reasonably practicable, to the
same condition it was In prior to such damage.
3. Covenant Ao_lns'! Permanent ImDrovements. Grantor(s) covenant(s) and
agree(s) that (helsne/itlthey) will not Interfere with Grantee's use of this Easement, or
with Grantee's ability to repair and maintain the system tnereon, and hereby covenant
and agree that, except for such fencing as Is reasonably required by Grar>tor(s) to
secure (hlsll1erl1tsJthelr) adjoining property and the Servient Estate. (helshelitlthey) will
not construct any permanent improvements on the Servient Estate or plant any trees or
similar substantial perennial plants thereon.
4. Indemnification. Grantae shall Indemnify and save and hold Grantor($), (and
each of them,) from and against all claIms, aelions or judgamenw, for damages, Injury or
death caused by or arising out of the failure or neglect of Grantee to properiy construct,
install, repair or maintain the sy:¡tem on the Servient E&I8te.
6. Covenants Run with the Land. This E::asement shall be a burden upon the
Servient Estate and shall run with the land.
6. Attom~o; Fees :and Cosm. In any suit, action or appeal therefrom to enforce or
interpret this Agreement, Ine prevailing party shall be enti~ed to recover their or its costs
incurred therein. IncludIng reasonable attorney's fees.
7. ~. All exl'libiw attached hereto and the recitals contained nereln are
Inccrporated herein as if set forth in full herein.
8. Successors And Asslans. This Agreement, tl1a Easement herein granted, and
the covenants and agreements herein contained shall Inure to the benefit of and be
binding upon the parties hlilt"Elto and their successors and assIgns to the above-
described Dominant and Servient Estates, or any portion thereof.
9. Recordation. This Agraement shall be recorded In the Real Properly Records of
Ada County, Idaho.
Permanent Easement
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DEC.21.2ØØl
8'59AM
KELLER ASSOCIATES INC
NO. 862
P.6
IN WITNESS WHEREOF. the undersigned have caused this Easement to be
executed the day. month and year set forth above.
GRANTOR(S):
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County of Ada
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STATE OF IDAHO
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IN WITNESS WHEREOF, I nave nereunto Nt my hand and affixed my offiolal
seal the day and year In this certificate first above written.
-:?'~ ~J
Notary Public for Idaho
Residing Ell -cc.."'-L- . Idaho
My çornrnission expires 3/17/04
Permanent Eaæment
Page30f3
DEC. 21. 2001 8:~AM
JUL-1?~:;¡œ1 a'I:59
KELLEõ! ASSOCIATES INC
NO.862
=.7
P. iI4
ceSC~TIOH FOR IiEWS PROPERlY. PORTION OF
SANITARY SEWER EASEMENT
PROPOSiti SFiiICGETOWER CROUING SUBDIVISION
July 16, 2001
A : ermanent easement fer sanitary sewer line construction and maintlilnance, located In
the West ~ of Section 35. TOWMhlp 4 North, Range 1 West, BoIsG Meridian, Ada
County, Idaho, being a strip of land 32 feet in width being 12 i8et right of (soutl1) and 20
feet [eft of (north. tq¡etherwith a tempor;ary CQnlllwc:tian Basement being 8 .strip of land 4Q
feet in width lying north of and adjacent to the pennanent easement. u defined by the
following deac:ribed centertine;
Commencing at the southwest carner of the NW J4 (Wet( Yo comer) at Sedicn 35,
Township 4 North, Range 1 Wel5to Boise Meridian; 'thence N 00'53'1 B- E 857.79 feet
along the WMt line of said NW ~ to the REAL POINT OF BEGINNING of this easement
centerline desaipticm; .
Thence S 88.05'35" E 382.06 feet to a point;
Thenc:e N 75"10'OS" e 336.00 fee( to a paint;
Thence N 80.02'11" E 194.00 feet to iii peint;
Thence S 83"05'12Ø E 206.00 feet to . point:
Thence S 65"12'43" E 204.OC f8eI: to a point;
Thence S 49"40'06" E 228.00 feet 10 a point
Thence S 11°204.'23" E 1 ae.oo feet to a pelnt;
Thence N 87"24'52- e 500.211eet 10 a point;
Thence S 82'16'49" E 200,92 feet tD 8 point.
Thence S 70"2&'28" E 194.03 feettc a paint
Thence S 35"17'041" E 107.35 feettc 8 paint
Thence S 00.26'55" W 2515.46 feet to a point;
Thence N 90.00'00. E S1.oo feet to a point on the east rU'Je of the West % of said sedion,
the END POINT at this esaem~nt CI!I !lCriPfIcn;
Michael E. Marks, PLS 4898
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DEC. 21.213131 9:00AM KELLER ASSOCIATES INC
JUL..-1Hæ1 eel laB
NO. 862 P.8
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DEC. 21. 2001
9:00AM
KELLER ASSOCIATES INC
~IO. 862
P.9
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this ~ay of De'c....- .t(lt) /. E.L.
Baws a~d Shirley (3. Bews, the "GRANTOR" and THE CITY OF MERIDIAN, a
body politic and corporate of the State of Idano, the 'GRANTEE";
WITNESSETH:
FOR VALUE RECEIVED, and for the term and uses and on the terms and
conditions hereinafter set forth, GRANTOR does hereby grant to the GRANTEE an
easement (the 'EASEMENT") under, over, through and across tnet certain real property
owned by GRANTOR situated In the COUNTY OF ADA, STATE OF IDAI-IO more
particularly described or depicted on exhibit 'A-1' and "A-2" attached hereto and by,thls
reference made a part hereof (the 'SalViant Estate').
This grant Î$ made on the following terms:
1. Authorized Uses bv GRANTEE. The GRANTEE's use of tne Easement granted
herein shall be in connection with the construction of a sanitary sewer trunk for access
and egress for equipment and vehiolee, for construction, excavation, storage of serth and
other materials thereon, for surveying, and for .11 other reasonable uses tnat are
necessary, advisable or convBnlBnt to GRANTEE in connection with SUonsBwer
construction and Improvement, and for Ingress and egress to and from tne area of
construction.
2. Use bv Qthers Under GRANTEE, Tne GRANTEE's right to so use the Servient
Estate during the term of the Easement shall extend to use by GRANTEE's elected
Officialli, employees, contractors and agents. '
3. I!mI This Easement shall be for a term commBnclng on the date of the
GRANTOR's execution of this Indenture and terminate on ti'le completion of the sanitary
sewer trunk project construction. On the expiretlon of the term of this Easement, the
rights and privileges granted to GRANTEE hereunder shall Dease and terminate and tnis
Easement shall be null and void alld of no further force and effect.
4. Indemnification. GRANTEE hereby Indem!!lfI.. and holds GRANTOR harmless
from and against any and all loss, injury, deatn and damage, and attorneys' feu and
costs that might be incurred by GRANTOR in defending any sucn claim, that shall result
from the use of the Servient Estate by GRANTEE, Its elected officials, employees,
comraotors and agents. nereunder.
5. Restoration on Exclratlon of Term. On the expiration of the term of this
Easement, the Servient Estate shall be restored by GRANTEE, lilt its sole cost and
expense, to at least as goad a condition as existing on the date of this Indenture.
6, Birldina Effect. Tnls Easement, and the covenants and agreements hereìn
contained, shall, during the entire term hereof. be binding upon and Inure to the benefit of
(i) GRANTEE AND GRANTOR. respectively, and theIr $uooessors and assigns.
Tsmporary EaS9me¡nt
page 1 of2
DEC. 21. 2001
9'01AM
KELLER ASSOCIATES INC
NO. 862
F.l0
TO HAVE AND TO HOLD this Easement unto the GRANTEE for the term hereinabove
setfurtn.
GRANTOR oovenanta to tn. GRANTEe (a) that the GRANTEE shall enjoy the
quiet and peaceful possession of tile Servient Estate throughout the term hereof; and, (b)
GRANTOR warrants to the GRANTEE that GRANTOR Is lawfully seIzed and possessed
of the Servient Estate and has the right and authority to grant this Easement to
GRANTEE.
IN WITNESS WHEREOF, this Temporary Construction Easament has been duly
executed by (alternate, if Grantor is /I cOfTJoflltion or other entity: 'and on behalf of the")
GRANTOR, the day, month and year nereln first above written.
GRANTOR(S):
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Temporary Esl1fIment
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