Temporary Construction Easement Agreement with Boise Waltman, LLC for Waltman Ln.
City of Meridian
Public Works Dept.
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CITY OF MERIDIAN
CITY CLERK OF-FICF
Memo
To:
Will Berg; Tara Green
From: Kyle Radek, P.E., Staff Engineer /c!~
cc:
File
Date: January 17,2006
Re:
Proposed Agenda Item for January 24, 2005 City Çouncil Meeting
The Public Works Department respectfully requests the following items be placed on the
January 24 City Council agenda, under Consent Agenda, for Council's consideration:
":l{... T~mporary Construction Easement Aqreement for Waltman Lane Sewer Extension at Ten
Mile Creek .
The agreement provides a temporary easement for staging and access of construction
equipment and materials for the Waltman Lane Sewer Extension Project.
Recommended Council Action: The Public Works Department recommends
that City Council approve the Agreement for a Temporary Construction
Easement for the Waltman Lane Sewer Extension Project at Ten Mile Creek.
, .
Sanitary Sewer Easement Aqreement for Waltman Lane Sewer Extension at Ten Mile Creek
The agreement provides a permanent non-exclusive easement for sanitary sewer at the
project location.
Recommended Council Action: The Public Works Department recommends
that City Council approve the Agreement for a Sanitary Sewer Easement for the
Waltman Lane Se~er Extension Project at Ten Mile Creek.
Thank you for your consideration. Please contact me if you have any questions regarding
any of these items. .
. Page 1
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
C'Agreement"), is made this - day of ,2006, by and
between Boise Waltman LLC, , the "GRANTOR" and THE CITY OF
MERIDIAN, a body politic and corporate of the State of Idaho, the
"GRANTEE" ;
WITNESSETH:
GRANTOR does hereby grant to the GRANTEE a non-exclusive temporary
construction easement (the "EASEMENT") under, over, through and across that portion
of the Grantor's real property situated in the COUNTY OF ADA, STATE OF IDAHO more
particularly described or depicted on Exhibit "A" and "A-1" 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 that certain Non-Exclusive Sanitary Sewer Easement
Agreement of even date herewith and the construction of a portion of a sanitary sewer
line as set forth therein, and for the sole purpose of access and egress for equipment
and vehicles, for construction, excavation, storáge of earth and other materials thereon,
for surveying, and for all òther 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 Agreement and terminate upon the completion of that
portion of the sanitary sewer trunk project construction to occur on the GRANTOR'S
property, or May 15, 2006, whichever occurs first. 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 agrees to indemnify and hold GRANTOR
harmless from and against any and all liability, loss, lien, injury, death and damage, and
attorneys' fees and costs that might be incurred by GRANTOR in defending any such
claim, and that may otherwise 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 Agreement.
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6. Bindinq Effect. This Agreement, 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.
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 parties hereto have executed this Agreement as Qf
the date first set forth above. .
STATE OF ARIZONA)
) ss'
County of MARICOPA )
On this ¡ I if... day of j'""oou.,,<'Y . 2006, before me, the undersigned,
a Notary Public in and for said State, personally appeared
Jay M. Kaplan, known or identified to me to be the Manager of the limited
liability company that executed the within instrument, and acknowledged to me
that such corporation executed the same. -
IN WI1NESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year fist above vmtten.
(SEAL)
-<::=;:;;ii?: ¿/ ~
NQTARY LIC FOR ARIZONA
//Resid~g ~t: 1.J...)"¡!~ fi.arJÆ: Sl"c~.JÞ-l<-. Øz
COmlll1SSlOn ExpIres: () 7. / tJ 7 / CJ9
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.. JASON W. WINKLER
NOTARY PUBLIC - ARIZONA
MARICOPA COUN1Y
My Commission Expires
March 7,2009
GRANTEE: CITY OF MERIDIAN
~
:L...m--
Tammy de Weerd, Mayor
Attest by William G. Berg, City Clerk
Approved By City Council On:
STATE OF IDAHO, )
: ss.
County of Ada
)
On this_day of , 2006, befme me, the
undersigned, a Notary Public in and for said State, personally appeared TAMMY DE
WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor 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.
(SEAL)
NOTARY PUBLIC FOR IDAHO
Residing at: .
Commission Expires:
t?/\
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Exhibit "A". Legal Description of Temporary Construction Easement
A temporary construction easement sewer located in the NW 114 of the SE 114 of Section 13,
Township 3 North, Range 1 West, Boise Meridian, Idaho, and more particularly described as
follows:
Commencing at a 5/8 inch diameter marking the northeast corner of said NW 114 of the SE 114
(CE 1/16th Corner), from which a 5/8 inch diameter iron pin marking the northwest corner of said
NW 114 of the SE 114 bears N 89 OS2'22" W a distance of 1321.56 feet;
Thence S O~ 9'56" W along the easterly boundary of said NW 114 of the SE 114 a distance of
20.99 feet to POINT OF BEGINNING;
Thence continuing along said easterly boundary S 0°19'56" W a distance of 25.49 feet to a
point;
Thence leaving said easterly boundary S 63 °46'05" W a distance of 178.67 feet to a point;
Thence N 23 OJ9'48" W a distance of 115.24 feet to a point on the southerly right-of-way of
Waltman Lane; ,
Thence S 89°41 '56" E along said southerly right-of-way a distance of 54.72 feet to a point;
Thence leaving said southerly right-of-way S 23OJ9'48" E a distance of 40.72 feet to a point;
Thence N 63°46'05" E a distance of 83.31 feet to a point on the southerly right-of-way of
Waltman Lane;
Thence S 89°41'56" E along said southerly right-of-way a distance of 60.88 feet to the POINT
OF BEGINNING.
This parcel contains 11,225 square feet and is subject to any other easements existing or in
use.
Clinton W. Hansen, PLS
Land Solutions, PC
Revised January 10, 2006
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Lij~ölutjOn5
~land S...voytng and consulting
Waltman Lane - Ten Mile Sewer Extension
Job No. 05-19
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EXHIBIT HA-l", SURVEY MAP OF TEMPORARY CONSTRUCTION EASEMENT
LOCATED IN THE NW 1/4 OF THE SE 1/4, SECTION 13,
TOW~SHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN,
CITY OF MERIDIAN, ADA COUNTY, IDAHO
FOUND 5/8' IRON PIN
FOUND BRASS CAP MONUMENT
CALCULATED POINT, NOTH[NG SET
SECTION LINE
EASEMENT LINE
PROPERTY LINE
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C 1/4 --A. -----______'32,.56'_______~3!'~-'3.'8
---- V W WAL TMAN LANE S 89'52'22U E ~I 2642.80'~ r 1/4
5 89'41'56" E - ~
/ /54.72' IJ) ~ 91,07' /.
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~~~~, 6~j~Ó5" £.
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POIN T OF
BEGINNING
0 20 40 80
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LEGEND
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231 E. 5TH ST., STE. A
MERIDIAN, [D 83642
(208) 288-2040 (208) 288-2557 fax
www.[andsoJutions.biz
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TEMPORARY SEWER EASEMENT