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Sanitary Sewer Easement with Kennedy, John L. for White Drain Sewer Trunk .. ," 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 , < ¡ 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 ) ) ss. ) 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. (, '@~.G~~~->~.~ ~T~r\ ~ . * -.- i * $ Notary Publi~ f9.1r Idaho G: E Residinga~ ~(}...., , Idaho 00 PUB\-\ l J My commission expires 'L\-,.'3.-r\.~ "'-;.. .. 0° "Ç) I 'r; A,~..<~.,.o. ~~Y..' ': ';::(c",:,..ø.'" . " Permanent Easement Page30f3 " e' 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 " I ~I a:: a:: '~ w z 0 ¡1 ~ I~ L 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 ~ 116:1õ" -::l § ~ I NB"OB',,"W ~I ~~ I ¡:::/~\~~;~T ~~ ~ -~-:,: - 5 i SECTION 36 TAN., R.1 W., B.M. SW 1/4 I~ t W. USTICK ROAD ~ - - - - SECTION LINE EXHIBIT A-2 I I I DESc. I BY: CITY OF MERIDIAN PUBLIC WORKS I 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