Sanitary Sewer Easement with Kennedy, John L. for White Drain Sewer Trunk
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MERIDIAN CITY RECORDED-REQUEST OF
ADA COUNTY RECORDER ~ ::
J. DAVID NAVARRO
SANITARY s~WËRD~~SEMEN~ fEE.ÆOEPUTVØ2z ~
2002JL-3 AM 9:40 102075345
T is Sanitary Sewer Easement (the "Agreement") is made and entered into this!!f
day of , 20 C1-, by and between John L. Kennedy, the "Grantor(s)," and
the CITY 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.
b.
c.
d.
e.
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.
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
Grantor(s) prior to the commencement of construction. By reviewing such plans and
Permanent Easement
Page 1 of 3
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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 soie 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 Aaainst Permanent Improvements. Grantor(s) covenant(s) and
agree(s) that (helshe/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 (hislher/itsltheir) adjoining property and the Servient Estate, (he/she/itlthey) 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
Page 2 of 3
IN WITNESS WHEREOF, the undersigned have caused this Easement to be
executed the day, month and year set forth above.
STATE OF IDAHO
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County of Ada
GRANTORS:
BY:~ X~
Printed:J" h '1 L t:: e.-U?1 't"cI Ý
Date:7#tly 2C¡ z,ø,p 2-
Social Security Number:!i ICf-~tf) - '3 '19.3
By:
Printed:
Date:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first abQve written.
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G: E Residinga~ ~(}...., , Idaho
00 PUB\-\ l J My commission expires 'L\-,.'3.-r\.~
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Permanent Easement
Page30f3
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LEGAL DESCRIPTION FOR PERMANENT SEWER EASEMENT
PARCEL # SO436314800
OWNED BY John L. Kennedy
This permanent sanitary sewer easement is situated within the North half of the East half of
the East half of the SW1/4 of Section 36, Township 4 North, Range 1 West, Boise Meridian,
Ada County, State of Idaho.
Being a 25.00 foot and 50.00 foot strip of land more particularly described as follows:
Beginning at a brass cap marking the Northeast corner of the SE1/4 of Section 36, .
Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho;
Thence along the northerly line of said SE1/4 of Section 36, N89°08'35"W, a distance
2680.36 feet to the NW corner of said SE1/4; thence along the northerly line of SW1/4,
N89°08'35"W, a distance of 663.50 feet more or less to a point, said point being the
Northwest corner of the North half of the East half of the East half of the Southwest
Quarter of Section 36, said point also being the POINT OF BEGINNING.
Thence along said northerly line of said North half of the East half of the East half of the
Southwest Quarter of Section 36, N89°08'35"W, a distance of 166.10 feet to a point;
Thence leaving said northerly line South, a distance of 125 feet to a point:
Thence S89°08'35"E, a distance of 497.30 feet more or less to a point on the easterly line of
the Southwest Quarter of said Section 36;
Thence along said easterly line South, a distance of 50.00 feet to a point;
Thence leaving said easterly line N89°08'35"W, a distance of 547.25 feet to a point
Thence North, a distance of 125.00 feet to a point;
Thence N89°08'35"W, a distance of 116.10 feet to a point on the westerly line of the North
half of the East half of the East half of the Southwest Quarter of Section 36;
Thence along said westerly line North, a distance of 50.00 feet to the POINT OF
BEGINNING
EXCEPTING THEREFROM the East 29 feet thereof.
The easement described contains 0.90 acres more or less.
EXHIBIT A-I
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REV. NO,
50' PERMANENT EASEMENT -¡
P.O.B. ~ O.90:!:AC. I
-A .L.-,3ECTION LINE AN~ '\ , N"'OB"'!'. 663,50' , NE1/4, SW1/4,
Y LINE OF PARCEL ~ ~éA 166,W-Z¡" " ~ SEC, 36
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SECTION 36 TAN., R.1 W., B.M.
SW 1/4
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W. USTICK ROAD
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SECTION LINE
EXHIBIT A-2
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I DESc. I BY:
CITY OF MERIDIAN PUBLIC WORKS
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I CK'D:
DRAWN BY: -.RILl DATE:OECÐ.4BER 19, 2001 PROJECT:
CK'DBY: __~ISCALE: N.T.S. WHITE DRAIN SEWER TRUNK LINE
APPROVE~ I
t.V 5í'l~ ~z. LEGAL: A PORTION OF SEC, ~~, I DWG. No: RW. ...
~ T.!.N., R.,!W., 8.M., ADA COUN1Y, I
CITY ENGINEER DATE IDAHO. SHEET 1 OF - 1
Meridian City Council Reaular Meetina
June 4. 2002
The regular meeting of the Meridian City Council was called to order at 6:40 P,M.,
Tuesday, June 4, 2002, by Mayor Robert D. Corrie.
Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, Cherie
McCandless and William Nary.
Others Present: Bill Nichols, Gary Smith, Brad Hawkins-Clark, Will Berg, Ken Bowers,
Shari Stiles, Tom Kuntz, and Dean Willis.
Item 1:
Roll Call Attendance:
RollCall:
-1L- Tammy de Weerd -1L- Bill Nary
-1L- Cherie McCandless -1L- Keith Bird
-1L- Mayor Robert Corrie
Corrie: We welcome everybody here this evening. I'm sorry we got a little late start. We
were touring the new police building and it's going to be pretty nice, I don't want to be a
prisoner, but I think it's pretty nice. I will open the City Council regular meeting on
Tuesday, June the 4th, 2002, at 6: 40. Roll call, please, Mr. Berg.
Item 2:
Adoption of the Agenda:
Corrie: Okay. Council we have - the second is the Adoption of the Agenda.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: We can take care of the changes with the deal that -
Corrie: Yeah. That would be --
Bird: With that, then, I move that we adopt the Agenda as noted.
Corrie: Okay. Any further corrections? Additions? Okay.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Mr. Bird, I noticed something tonight in our information, the changes in the
Findings on Heritage Commons that are on the Consent Agenda.
Meridian City Council Meeting
June 4, 2002
Page 2 of 66
Bird: Yeah. We can change that out on the Consent Agenda.
Nary: Okay. Great. I'm sorry.
Nichols: Mr. Mayor?
Corrie: Mr. Nichols.
Nichols: Mr. Mayor, one of the things that I believe - I expect you will do, I hope you
will do would be to table Item 10 and continue Items 11 and 12 all to June 18th, but
because those items are behind the Bear Creek and the Comprehensive Plan
discussion, in all fairness to Mrs. Powell, who is here on behalf of the applicant, if it's
your pleasure to continue those items, if you could do so as part of your adoption of the
agenda, then she does not have wait around, then, for all those discussions.
Bird: The motion will change, then, if that will please everybody on the Council. Mr.
Mayor, I'll withdraw that motion and I would move that we adopt the agenda and I'll go
through the whole thing. On the Consent Agenda we will move -- we would like to move
Items D, E, and F to 5-0, 5-E, and 5-F. Item No, 10 was the ordinance for Amberstone
zoning amendment. I'd like to table that to June 18th, 2002. And also Items No. 11 and
12, which is closed Public Hearings tabled for Amberstone Subdivision for the
annexation and zoning and the request for Preliminary Plat on Amberstone Subdivision,
also continue them to June 18th, 2002, and we would also like to continue the Item No.
6, the proposed Comprehensive Park and Recreation System and Action Plan to July
2nd, 2002.
Nary: Second.
Corrie: Okay. Any other -- motion has been made and seconded. Any other
discussion? Okay, Roll Call vote, Mr. Berg.
Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: Okay. All ayes. Motion is approved.
MOTION CARRIED: ALL AYES.
Item 3:
Consent Agenda:
A.
Approve minutes from May 14, 2002 City Council Workshop:
Approve minutes from May 15, 2002 City Council Special Meeting:
B.
C.
Development Agreement: AZ. 00-019 Request for annexation and
zoning of 100.71 acres from RUT to R-4 zones for Revised Cedar