Non-Exclusive Sanitary Sewer Easement Agreement with Boise Waltman, LLC for Waltman Lane
ECEIVED
FEB 1 7 2006
CITY OF MERIDIAN
CITY CLERK OFFICF
To: Will Berg; Tara Green
From: Kyle Radek, P.E., Staff Engineer /(""K
CC: File
Date: 2/17106
Re: Sanitary Sewer Easemewnt for Waltman Lane Sewer Extension
Attached is the original above referenced document for your files.
. Page 1
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 6
BOISE IDAHO 02116/06 01:44 PM
~~~~~~E~~~E~~~:~ OF 1111111111111111111111111111111111111
Meridian Cily 10602490.1
NON-EXCLUSIVE SANITARY SEWER EASEMENT AGREEMENT
THIS NON-EXCLUSIVE SANITARY SEWER EASE:MENT AGREEMENT
("Agreement"), is made this :1!s.t-day of ~... ,2006 between Boise Waltman LLC, the party of
the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho,
the party of the second part, and hereinafter called the Grantee;
RECITALS:
WHEREAS, the Grantors desire to provide a non-exclusive sanitary sewer right-of-way
across the premises and property of Grantor hereinafter particularly bounded and
described; and
WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to
be constructed by others at the sole cost and expense of Grantee; and
WHEREAS, it will be necessary to maintain and service said pipeline from time to time
by the Grantee;
AGREEMENT:
NOW, THEREFORE, in consideration of the incorporation of the foregoing recitals, the
benefits to be received by the Grantors, and other good and valuable consideration, the
Grantors do hereby give, grant and convey unto the Grantee the non-exclusive right-of-
way for an easement for the operation and maintenance of a sewer line over and across
that portion of the Grantor's property as more particularly described on Exhibit "A" and
"A-I" attached hereto and incorporated by this reference.
(SEE ATTACHED EXHIBIT "A" and "A-I")
The easement hereby granted is for the sole purpose of construction and operation of a
sanitary sewer line and their allied facilities, together with their maintenance, repair and
replacement at the convenience of the Grantee, with the free right of access to such
facilities at any and all times. The sewer easement granted hereby shall be maintained by
Grantee in a neat and aesthetically pleasing condition and in conformance with all local,
state and federal laws, and all liabilities, costs and expenses related to the construction,
maintenance and repair and use of said sewer easement shall be the sole responsibility of
Grantee. Grantee shall preserve and protect, to the extent possible, the underlying lands
of Grantor from erosion, or other damage related to the use of the easement.
This Agreement shall run with the land and shall be binding upon and inure to the benefit
of, and be enforceable (at law or in equity) by Grantor or Grantee or their respective
Sewer Main Easement
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successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind.
IT IS EXPRESSL Y UNDERSTOOD AND AGREED, by and between the parties hereto,
that after construction, making repairs or performing other maintenance, Grantee shall
restore the area of the easement and adjacent property to that existent prior to undertaking
such construction, repairs and maintenance. However, Grantee shall not be responsible
for repairing, replacing or restoring anything placed within the area described in this
easement that was placed there in violation of this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be
placed any permanent structures, trees, brush, or perennial shrubs or flowers within the
area described for this easement, which would unreasonably interfere with the use of said
easement, for the purposes stated herein.
THE GRANTORS hereby covenant and agree with the Grantee that should any part of
the right-of-way and easement hereby granted shall become part of, or lie within the
boundaries of any public street, then, to such extent, such right-of-way and easement
hereby granted which lies within such boundary thereof or which is a part thereof, shall
cease and become null and void and of no further effect and shall be completely
relinquished.
THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and
possessed of the aforementioned and described tract of land, and that they have a good
and lawful right to convey said easement.
THE GRANTOR AND GRANTEE do hereby agree that in the event of litigation arising
out of this Agreement, the prevailing party will be entitled to the award of costs and
reasonable attorney fees in addition to such other relief available at law or in equity.
THE GRANTOR AND GRANTEE do hereby agree that all Exhibits attached to this
Agreement constitute a part of this Agreement. This Agreement, together with the
accompanying Exhibits, constitutes the entire agreement among the parties and
supersedes all prior memoranda, correspondence, conversations and negotiations.
THE GRANTEE and Grantee's heirs, successors, assigns, purchasers, or transferees of
any kind, covenant and agree with Grantor and Grantor's heirs, successors, assigns,
purchasers, or transferees of any kind, to indemnifY, defend, and hold harmless Grantor
and its heirs, successors and assigns from any loss, claim, lien, debts, taxes and
assessments of any kind, damages, judgments, awards or other liability of any nature
(including attorney fees and costs) that may result from Grantee's use of the sewer
easement established herein.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR:
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;~\;
STATE OF ARIZONA)
:ss.
County of MARICOPA)
On this 1 ) .J~ day of ~Mt<.6'VT' ' 2006, before me, the undersigned, a
Notary Public in and fo 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 limited
liability company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year fist above written.
."......" -,,,.... ......,. ..,..,.-,.............
ARY UBLIC FOR ARIZONA .
Residing at: [a... I! ~ ;:;:/r i7 . r!".~./h),L, A ~
Commission Expires: l>> ) O?/OCf'
( /
(SEAL)
JASON W. WINKLER
NOTARY PUBLlC, ARIZONA
MARICOPA COUNTY
My Commission Expires
March 7 t 2009
GRANTEE: CITY OF MERIDIAN
Sewer Main Easement 3 of 4
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Approved By City Council On: 1...:,:J{,-"6f,,~-,ti -~vv:~<.,,,~
.f"~f, ~HHrro,t
STATE OF IDAHO, )
ss.
County of Ada )
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On this :;){ day of of krUtt(A Sj? ,2006, before me, the undersigned,
a Notary Public in and for said State, pers&nally 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)
')
~h OJ( (0 Srl/L-~ -Ie~
NOTARY PUBLIC FOR IDAHO
Residing at: 0v i b c,-- ,j)o~
Commission Expires: { 0 .-16 - II
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Exhibit /fA". Legal Description of Sewer Easement
An easement for sanitary sewer located in the NW % of the SE % 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 % of the SE 1,4
(CE 1/161h Corner), from which a 5/8 inch diameter iron pin marking the northwest corner of said
NW 1,4 of the SE 1,4 bears N 89 OS2'22" W a distance of 1321.56 feet;
Thence S 0019'56" W along the easterly boundary of said NW 1,4 of the SE 1,4 a distance of
20.99 feet to a point on the southerly right-of-way of Waltman Lane;
Thence N 89041'56" W along said southerly right-of-way a distance of 60.88 feet to the POINT
OF BEGINNING;
Thence leaving said southerly right-of-way S 63046'05" W a distance of 83.31 feet to a point;
Thence N 230:39'48" W a distance of 40.72 feet to a point on the southerly right-of-way of
Waltman Lane;
Thence S 89041'56" E along said southerly right-of-way a distance of 91.07 feet to the POINT
OF BEGINNING.
This parcel contains 1,695 square feet and is subject to any other easements existing or in use.
Clinton W. Hansen, PLS
Land Solutions, PC
Revised January 4, 2006
L;:rndS'OJutions
~Land SllNt)'l'ng .arid Con:s;uJting
Waltman Lane - Ten Mile Sewer Extension
Job No. 05-19
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