Sanitary Sewer Easement with Bayless, David and Eunice aka David and Eunice Bayless, Husband and Wife for No Name Sewer Trunk
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SANITARY SEWER EASEMENT
This Sanitary Sewer Easement (the "Agreement") is made and entered into this JØ
day of hulI}e,'Í , 20J!!!..., by and between David N. Bayless and Eunice J. Bayless,
a.k.a. David N. Bayless and Eunice J. Bayless husband and wife, the "Grantor(s)," and
the CITY OF MERIDIAN, a body politic and corporate of the State of Idaho, the
"Grantee."
Recitals:
A. Grantor(s) own(s) the parcel of real property located in Ada County, Idaho, more
particularly described on Exhibit "A-1" & "A-2" attached hereto (the "Servient Estate").
B. Grantee desires to provide for a sanitary sewer trunk line across the Servient
Estate and adjacent properties, and in connection 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 grant the same to Grantee.
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE
MUTUAL COVENANTS 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 transportation and delivery of sewer water across the
Servient Estate, and for the construction, installation, operation, maintenance, repair and
replacement of a sanitary sewer trunk line system on the Servient Estate reasonably
necessary for such purpose (the "Easement"). The Grantee's use of the Servient Estate
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:
a.
The right to grade the gravel maintenance road located within the
perpetual 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 that may interfere
with the exercise of Grantees rights under this instrument;
The right to install, maintain and use gates in all fences that now cross or
shall hereafter cross the easement;
The right to mark the location of the pipeline by suitable 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 future manhole(s) over and service connections to
this sewer trunk line.
b.
c.
d.
e.
2. Construction, Installation and Maintenance. At its sole cost and expense
Grantee shall construct and install the system within the Servient Estate, the
construction and installation thereof to be performed in accordance with plans and
specifications prepared by Grantee at its sole cost and expense and reviewed by
Permanent Easement
Page 1 of 3
Grantor(s) prior to the commencement of construction. By reviewing such plans and
specifications Grantor(s) assume(s) no responsibility for any deficiencies or
inadequacies in the design or construction of the system, and the responsibility therefor
shall be and remain in Grantee.
After construction and installation is completed, at its sole cost and expense
Grantee 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
Estate for the purposes of such repair and maintenance.
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 same, to the extent reasonably practicable, to the
same condition it was in prior to such damage.
3. Covenant Aoainst Permanent Improvements. Grantor(s) covenant(s) and
agree(s) that (he/she/itlthey) will not interfere with Grantee's use of this Easement, or
with Grantee's ability to repair and maintain the system thereon, and hereby covenant
and agree that, except for such fencing as is reasonably required by Grantor(s) to
secure (his/her/its/their) adjoining property and the Servient Estate, (he/she/it/they) will
not construct any permanent improvements on the Servient Estate or plant any trees or
similar substantial perennial plants thereon.
4. Indemnification. Grantee shall indemnify and save and hold Grantor(s), (and
each of them,) from and against all claims, actions or judgements, for damages, injury or
death caused by or arising out of the failure or neglect of Grantee to properly construct,
install, repair or maintain the system on the Servient Estate.
5. Covenants Run with the Land. This Easement shall be a burden upon the
Servient Estate and shall run with the land.
6. Attornev's Fees and Costs. In any suit, action or appeal therefrom to enforce or
interpret this Agreement, the prevailing party shall be entitled to recover their or its costs
incurred therein, including reasonable attorney's fees.
7. Exhibits. All exhibits attached hereto and the recitals contained herein are
incorporated herein as if set forth in full herein.
8. Successors and Assians. This Agreement, the Easement herein granted, 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 to the above-
described Dominant and Servient Estates, or any portion thereof.
9. Recordation. This Agreement shall be recorded in the Real Property Records of
Ada County, Idaho.
Permanent Easement
Page20f3
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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STATE OF IDAHO
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County of Ada
On this ¡Ø day of kfxc)Sr . 20~, before me,
tZ'o..\.!'": ~oN . a Notary Public in and for the State of Idaho,
personally appeared DM/[';> /!.A-"U..ßS h.!f> f.ÛJJ/LL ~Jr{iL{5 known or proved to
me to be the person(s) who executed the foregoing instrument, and acknowledged to me
that (he/she/itlthey) executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
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Permanent Easement
Page 3 of 3
LEGAL DESCRIPTION FOR PERMANENT SEWER EASEMENT
PARCEL # 50531325550
OWNED BY DAVID AND EUNICE BAYLESS
This permanent sanitary sewer easement is situated within the SW1/4 of Section 31,
Township 4 North, Range 1 East, Boise Meridian, Ada County, State of Idaho.
Being a 36.00 foot strip of land more particularly described as follows:
Being the north 36.00 feet of the Southwest Quarter of said Section 31.
The easement described contains 2.01 acres more or less.
EXHIBIT A-I
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W 1/4 COR.d . . - SECTION UNE ANO NORTH LINE OF PARCE-"------ . . ~Ei!43 COR.
SEC. 31 I - 2t ~ - - - - - - - - - - --=-=1 . 1
. 136' PERMANENT EASEMENT .
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DAVID AND EUNICE BAYLESS
lost. #8536989 & 6207560
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SECTION 31 TAN., R.1E., B.M.
SW 1/4
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SECTION LINE
REV. NO.
DESc.
CK'D:
CITY OF MERIDIAN PUBLIC WORKS
DRAWN BY: .R~ DATE: MARai 10, 2000 PROJECT:
CK'DBY: --~ SCALE: N.T.S. 1999 "NO-NAME" SEWER TRUNK
APPROVE . r/ÐS)O LEGAL: A PORTION OF SEC. -~, DWG. No: RW. ...
T.~N., R.!..E., 8.M., ADA COUN1Y,
DATE IDAHO. SHEET 1 OF !...
EXHIBIT A-2-.J
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TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this ~ day of Pv~ }'iÍ , ~ David
N. Bayless and Eunice J. Bayless, a.k.a. David N. Bayless and Eunice J. Bayless
husband and wife, the "GRANTOR" and THE CITY OF MERIDIAN, a body politic
and corporate of the State of Idaho, 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 that certain real property
owned by GRANTOR situated in the COUNTY OF ADA, STATE OF IDAHO more
particularly described or depicted on Exhibit "B" attached hereto and by this reference
made a part hereof (the "Servient Estate").
This grant is made on the following terms:
1. Authorized Uses bv GRANTEE. The GRANTEE's use of the Easement granted
herein shall be in connection with the construction of a sanitary sewer trunk for access
and egress for equipment and vehicles, for construction, excavation, storage of earth and
other materials thereon, for surveying, and for all other reasonable uses that are
necessary, advisable or convenient to GRANTEE in connection with such sewer
construction and improvement, and for ingress and egress to and from the area of
construction.
2. Use bv Others Under GRANTEE. The GRANTEE's right to so use the Servient
Estate during the term of the Easement shall extend to use by GRANTEE's elected
officials, employees, contractors and agents.
3. Term This Easement shall be for a term commencing on the date of the
GRANTOR's execution of this Indenture and terminate on the completion of the sanitary
sewer trunk project construction. On the expiration of the term of this Easement, the
rights and privileges granted to GRANTEE hereunder shall cease and terminate and this
Easement shall be null and void and of no further force and effect.
4. Indemnification. GRANTEE hereby indemnifies and holds GRANTOR harmless
from and against any and all loss, injury, death and damage, and attorneys' fees and
costs that might be incurred by GRANTOR in defending any such claim, that shall result
from the use of the Servient Estate by GRANTEE, its elected officials, employees,
contractors and agents, hereunder.
5. Restoration on Expiration of Term. On the expiration of the term of this
Easement, the Servient Estate shall be restored by GRANTEE, at its sole cost and
expense, to at least as good a condition as existing on the date of this Indenture.
6. Bindino Effect. This Easement, and the covenants and agreements herein
contained, shall, during the entire term hereof, be binding upon and inure to the benefit of
(i) GRANTEE AND GRANTOR, respectively, and their successors and assigns.
Temporary Easement
Page 1 of 2
TO HAVE AND TO HOLD this Easement unto the GRANTEE for the term hereinabove
set forth.
GRANTOR covenants to the GRANTEE (a) that the GRANTEE shall enjoy the
quiet and peaceful possession of the 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 Easement has been duly
executed by (alternate, if Grantor is a corporation or other entity: "and on behalf of the')
GRANTOR, the day, month and year herein first above written.
GRANTOR(S), ./J
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Temporary Easement
Page 2 of 2
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I 40' TEMRORARY EASEMENT - l C 1 4 COR.
W1/4COR. ,.. _SEcmNLlNEA~LlNEOFPARCE-"------ . . 9SE'!.31
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I DAVID AND EUNICE 8AYLESS I
Inst. #8536989 & 8207560
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SECTION LINE
REV. NO.
DESc.
CK'D:
CITY OF MERIDIAN PUBLIC WORKS
DATE: MARai 10, 2000 PROJECT:
SCALE: N.T.S. 1999 "NO-NAME" SEWER TRUNK
b/06/01 LEGAL: A PORTION OF SEC. -~, DWG. No: Rw. ...
l' T.4N., R.1 E., 8.M., ADA COUN1Y,
DA~ IDAHO. - SHEET 1 OF!...
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.EXHIBIT B -.J