Sanitary Sewer Easement with Howell Murdoch Development Corp for White Drain
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SANITARY SEWER EASEMENT
This Sanitary Sewer Easement (the "Agreement") is made and entered into this 1'1
day of S',e;;P1/1PO1&m.... 20&, by and between Howell-Murdoch Development Corp., 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 sale 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 I of 4
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 sale 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 Aqainst Permanent Improvements. Grantor(s) covenant(s) and
agree(s) that (he/she/iUthey) 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/herlits/their) adjoining property and the Servient Estate, (he/she/iUthey) will
not construct any permanent improvements on the Servient Estate or plant any trees or
similar substantial perennial plants thereon.
4. Indemnitv. Grantee agrees to defend, indemnify and hold Grantors harmless
from any and all claims, losses, suits, causes of action, judgments, casualties or
accidents, property damages, bodily injuries and the like (including any and all costs,
expenses and attorney fees incurred by Grantors) which may arise resulting from any
work relating to the installation, maintenance, replacement or repair of the sewer pipe
and related facilities and use of the easement by Grantee, its agents, contractors,
servants, employees or independent contractors.
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 Assiqns. 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 4
10. Timelv Completion. After commencement of any construction, installation,
maintenance, repairs or replacement, the Grantee will diligently prosecute and timely
complete the work. Within 90 days, weather permitting, of completion of the work in the
easement area, Grantee shall restore the premises used therefor to a condition
comparable with that existing immediately prior to the commencement of any installation,
maintenance, repairs or replacement of the pipe or sewer facilities or use of the
easement area.
11. Future Maintenance and Repairs. Grantee shall have the right of access at all
reasonable times to repair and maintain the sewer pipe and related facilities in the future
at Grantee's sole expense. The permanent easement shall be kept by Grantors in a
condition at all times that the Grantee through its proper offices, agents or employees
can enter upon the land without hindrance or obstruction. Grantee agrees to expediently
replace and restore the premises to the condition the property was prior to the
undertaking of repairs, maintenance or replacement. This would include but not be
limited to replacement of paving or landscaping disturbed by the Grantee's work.
12. Structures. Grantors covenant not to construct any permanent buildings or
structures in the permanent easement area described in Exhibit A which would interfere
with the easement. Provided, however, the Grantor may construct a small pressurized
urban irrigation system pumping station on the north or south side of the easement area,
so long as said station is a minimum of 10 horizontal feet from the underground sewer
pipe.
13. Surface Improvements. Grantors may construct, micro-paths, fencing parallel to
and along the easement line, curbs, gutters, sidewalks, berms, lawns, open space,
landscaping and the like in any easement area. Trees are specifically excluded within
10 feet of the sewer line.
Permanent Easement
Page 3 of 4
IN WITNESS WHEREOF, the undersigned have caused this Easement to be
executed the day, month and year set forth above.
GRANTOR(S):
10A -¿LA¿1/
STATE OF IDAHO
)
) ss.
)
County of Ada
20lL-, before me,
a Notary Public in and for the State of Idaho,
personally appeared known or proved to
me to be the person(s) who executed tlie foregoing instrument, and acknowledged to me
that (he/she/it/they) executed the same.
Permanent Easement
Page 4 of 4
LEGAL DESCRIPTION FOR PERMANENT SEWER EASEMENT
PARCEL # 50435417205
OWNED BY HOWELL-MURDOCH DEVELOPMENT CORP.
This permanent sanitary sewer easement is situated within the North one half of NE1/4 of
SE1j4 of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, State
of Idaho,
Being a portion of land along the northerly line of said North one ha1f of NW1/4 of SE1j4
of said Section 35 more particularly described as follows:
Commencing at the E1j4 corner of said Section 35 said point being the Real Point of
Belrlnnin~:
Thence along the northerly line of the North one hili of NE1j4 of the SE1j4, WEST, a
distance of 1314,31 feet more or less to the northwest corner of the NE1j4 of the SE1j4 of
said Section 35; :
Thence SOUTH, a distance of 120.00 feet a long the westerly line of said NE1j4 of the
SE1j4 of said Section 35 to a point;
Thence leaving said westerly line EAST, a distance of 36,00 feet to a point;
Thence NORTH, a distance of 88.00 feet to a point;
Thence EAST, a distance of 931,66 feet to a point;
Thence S83°17'13"E, a distance of 353,03 feet more or less to a point on easterly line of
said Section 35;
Thence along said easterly line of said Section 35, NORTH, a distance of 73.27 feet
more or less to the Real Point of Beginnine;..
The easement described contains 1.20 acres more or less,
EXHIBIT A-I
¡ 32' PERMANENT EASEMENT
NW CORNER
NE1 /4 SE1 /4 . SECTION LINE ANO NORTH LINE OF PARCEL c 1 /4 COR
. WEST 1314."'~ ' .
~~ . 1.20--¡¡;:- . . - . . - . . - . =1r SEC. 35
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HOWELL-MURDOCH DEVELOPMENT CORP.
Inst. 1199055221
- - - - - - ~ ~ '!..PARCEL
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SECTION 35 TAN" R.1W" B,M,
NE 1/4 OF SE 1/4
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SECTION UNE
EXHIBIT A-2
REV. NO.
I T
I DESc. I BY:
CITY OF MERIDIAN PUBLIC WORKS
1
I CK'D:
. RAWN BY: -.R<LI DATE: _J.!:!.i,Y ~_. 2001. PROJECT:
CK'DBY: -~ I SCALE: N.T.S. WHITE DRAIN SANITARY SEWER TRUNK
APPROVED: L? ~ÚJ ;0/2;6/ LEGAL: A PORTION OF SEC. -~, I DWG. No: Rw. .,.
r~;"rr..17>.n=~¡;> T'>ATI' int~n R.1..W., 8.M., AOA COUNlY, I SHF.F.T 1 OF 1
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this..JL day of SGP7GVVlß6iiirL . '2=1 .
Howell-Murdoch Development Corporation, Inc. 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 within this easement. 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. Indemnitv. Grantee agrees to defend, indemnify and hold Grantors harmless
from any and all claims, losses, suits, causes of action, judgments, casualties or
accidents, property damages, bodily injuries and the like (including any and all costs,
expenses and attorney fees incurred by Grantors) which may arise resulting from any
work relating to the installation, maintenance, replacement or repair of the sewer pipe
and related facilities and use of the easement by Grantee, its agents, contractors,
servants, employees or independent contractors.
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 sale cost and
expense, to at least as good a condition as existing on the date of this Indenture.
Temporary Easement
Page 1 of2
6. Bindinq 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.
TO HAVE AND TO HOLD this Easement unto the GRANTEE for the term hereinabove
set forth.
GRANTOR covenants 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):
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Temporary Easement
Page 2 of 2
NW CORNER
NE1/4 SE1/4 I SECTION UNE AND NaRTH LINE OF PARCEl E '/4 COR
' - . t WEST 1314.31" . .
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HOWELL-MURDOCH DEVELOPMENT CORP.
Inst. #99055221
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saUTH UNE OF PARCEL .
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SECTION 35 TAN" R.1 W., B,M,
NE 1/4 OF SE 1/4
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SECTIaN UNE
EXHIBIT B
REV. NO.
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I DESc. I BY:
CITY OF MERIDIAN PUBLIC WORKS
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I CK'D:
,RAWN BY: - RG-I DATE: ~IJ 1L, 200.1. PROJECT:
CK'D BY: --~ I SCALE: N.T.S.
APPROVEt?¡ft<J Id-z-<JI
rITY FN{;TNFFR DA IT
WHITE DRAIN SANITARY SEWER TRUNK
LEGAL: A PORTION OF SEC. ~,I DWG.No'RW. '"
T.i.N., R..1.W., 8.M., ADA COUNTY'I .
IDAHO. SHEET 1 OF 1
Meridian City CoWlc11 Meeting
October 2, 2001
Page 6
Corrie: Okay. Motion has been made and seconded to approve the three people. Any
further discussion? Then all those in favor say aye.
MOTION CARRIED: THREE AYES, ONE ABSENT.
Corrie: Opposed, no? I'd like to introduce Paul at this time, Paul B. Newcomb. Paul,
thank you for volunteering for the Parks and Rec and, like I said this afternoon, welcome
to the group and thank you for coming tonight. Appreciate it. Okay.
De Weerd: And your two guests as well.
Corrie: Yes. And your two boys.
Newcomb: My administrative assistants.
Item 4,
Department Reports
A,
Public Work's Department - Gary Smith: Brad Watson
2,
White Drain Trunk Sewer Easements:
Corrie: Right. They enjoyed the jellybeans, too. All right. Department reports. I think
that's where we are. Okay. Brad.
Watson: Thank you, Mr. Mayor, Council. We have back again this week some
easements for two sewer projects. The first one -- the first group of easements is for the
White Drain Sewer Trunk. The first one that we are going to look at - and I believe I've
given you a rather thick packet of these documents. The first one is this piece right in
here owned by Howell Murdoch. You looked at that last week. And I was asked to go
back and look at what part of the permanent sewer easement is included in the existing
Settler's Irrigation District, White Drain easement. I don't know if you can read that up
there, I can't from here, but our engineer calculated that 0.29 acres was in the White
Drain easement. This is the easement where the developer wishes to, eventually when
he develops, construct of pathway, and have that count toward his open space
requirements. That was the question before you asked the - Shari mayor may not have
some comment on that as well. I would be happy to entertain questions.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: So, Brad, part of that is not considered the regular easement, that this is
open space pathway would be outside of that?
Meridian City Council Meeting
October 2. 2001
Page 7
Watson: Councilwoman de Weerd, Mayor and Council, the permanent sewer easement
would contain the eventual pathway. The permanent sewer easement also includes .29
acres of what is already existing as the drain way -- drainage way easement. Is that it?
Did I answer your question?
De Weerd: So the sewer easement is one and the same as the easement that would
be required on the drain?
Watson: For 0.29 acres it is. The sewer easement on that east end gets really wide and
it does overlap all the way to the north boundary. It's just the shaded area. Correct. The
white line that comes up on the west side, goes north, and then traverses east is the
permanent easement. The yellow one is the temporary construction easement.
De Weerd: Thank you.
Corrie: Any other questions, Council?
Bird: I have none.
Corrie: Okay. Any discussion? Hearing none, I will entertain a motion on the request.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we accept the permanent temporary construction sewer easement
from Howell Murdoch Development Corporation with - and approve the right-of-way
contract and authorize the Mayor to sign and the City Clerk to attest to the easements
and right-of-way contract.
Anderson: Second.
Corrie: Motion has been made and seconded on the stated motion. Any further
discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: THREE AYES, ONE ABSENT.
Watson: Thank you, Mr. Mayor and Council. The second White Drain Sewer Trunk
easement is -- that has been signed is from Bayless, Gene Bayless. I understand it's
under option to Gary Voight. It's where the proposed Sundance Subdivision was, just
east of Linder, directly east of the 58 acre park. The item to discuss in this one is that
they propose that it meet some future roadway alignment through here. There is an
existing easement that Mr. Bayless signed sometime ago along the northern boundary,
but it came back in with a new alignment, so that it would - a new easement alignment,
so that it would coincide with their future street alignment. They propose two different
ways to get it to the east, both through this cul-de-sac up here and through this stub