Permanent and Temporary Sanitary Sewer Easement Agreement with Flack, Joy S. and Simunich, Joe S. for Slough IntercepterTHIS INDENTURE, made this -L$ day of b 1992, between Joy
S. Flack and Joe Simunich, dealing with their sole and separate perty, the first party,
and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the
party of the second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a sanitary sewer easement across the
premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer is to be provided for through an underground
pipeline to be constructed by the Grantee; and
WHEREAS, it will be necessary to maintain and service said pipeline from time
to time by the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the
Grantors and the Grantees, and other good and valuable consideration, the Grantors do
hereby give, grant and convey unto the Grantee an easement for the construction,
operation and maintenance of a sewer line over and across the property as described in
the attached permanent easement description.
The easement hereby granted is for the purpose of construction and operation of
a sanitary sewer line and 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.
TO HAVE AND TU HOLD, the said easement and right-of-way unto the card
Grantee, its successors and assigns forever.
PI' IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties
hereto, that the Grantee will timely complete the work of laying the sanitary sewer line
and restoring the premises used therefor to a condition comparable with that existing
prior to exercising this easement as required under Technical Specifications of the South
Slough Interceptor Line Contract Documents and Specifications, Project Number 2-91-
127. It is further understood and agreed that the contractor will remove topsoil in active
farming or gardening areas to a depth of 2 feet or until hardpan soils are reached. The
removal of topsoil will be in a thirty five (35) foot width within the cosntruction
easement. Topsoil will be stockpiled separate and away from the excavation to avoid
contamination with rocks. After construction, the topsoil will be replaced and graded.
Sanitary Sewer Easement -Page 1 of 4
THE GRANTORS hereby covenant and agree that they will not place or allow
to be placed any permanent structures, trees, shrubbery, or any items other than grass
or similar ground cover on the area described for the permanent easement which would
interfere with the use of said- described easement for the purposes stated herein.
IT IS FURTHER AGREED that if permanent structures, trees, shrubbery, or any
other item are placed on the easement the cost of removal to make necessary repairs
or maintenance of the easement or the sewer line shall be the expense of the Grantor
and Grantor hereby agrees to indemnify and hold harmless Grantee from any cost,
expense, or liability, in removing any permanent or non-permanent structures, trees, or
shrubbery placed in or on the easement.
IT IS HEREBY FURTHER AGREED that the Grantors do hereby give and
grant to the Grantee the right of use during initial construction a temporary construction
easement over a strip of land as described in the attached temporary easement
description.
IT IS UNDERSTOOD that the temporary easement described in the temporary
easement description is for the purpose of construction of said sewer line herein
described, the same to expire on February 28, 1993.
IT IS FURTHER AGREED that Grantor shall not plant any crops, fertilize, or
prepare the ground for planting in either the permanent or temporary easement until
after April 30, 1992.
THE GRANTEE AGREES and assures that the restoration of the permanent and
temporary easement after the initial construction of the sewer line shall be in
conformance with the Technical Specifications of the South Slough Interceptor Line
Contract Documents & Specifications, Project Number 2-91-127.
THE GRANTEE AGREES and assures that the Grantor, upon payment of any
required sewer fees or charges and the payment of all costs and expenses to connect,
may connect Grantor's residence to the sewer line at any time if there is available
capacity in the interceptor line and the waste treatment plant.
THE GRANTEE AGREES and assures that future low residential, not more than
R-4 single family residential, urban density sanitary sewer flows from the Grantor's
property have been included in the design capacity of the South Slough Interceptor Line.
TT IS FURTHER AGREED by and between the parties that the parties shall
endeavor to have the permanent sewer easement through Grantor's property eventually
become a road right-of-way and a road placed over the easement if desired by the
Grantor; that any road would not be at the expense of the Grantee; that, it is further
Sanitary Sewer Easement -Page 2 of 4
agreed that neither the Grantor nor the Grantee have any control over the placement
of public roads as that authority is vested in the Ada County Highway District. If the
sewer line is able to be located in a road right-of-way, the sewer line shall be located
in accordance with underground utility standards. It is further agreed that if relocation
of the sewer line is required to have the sewer line placed in or under a road right-
of-way, the cost to relocate the sewer line shall be the Grantor's responsibility and he
agrees to pay for such.
If suit or legal proceedings are instituted by either party to enforce this
agreement, the prevailing party shall be entitled, and shall. be awarded, their attorney's
fees, court costs, and all out-of-pocket costs and expenses incurred in enforcing this
agreement, whether allowed by court rule or not.
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, and that they will warrant and
forever defend the title and quiet possession thereof against the lawful claims of all
persons whomsoever. This grant of easement shall run with the land and shall be
binding on the heirs, executors, and assigns of the Grantors.
IN WITNESS WHEREOF, the said parties of the first part have hereunto
subscribed their signatures the day and year first hereinabove written.
~~~~
/ Joy S. Flack
GRANTEE
r
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GRANT P. ICINGS O YOR
Sanitary Sewer Easement -Page 3 of 4
STATE OF IDAHO, . )
:SS.
County of Ada, )
On this ~~`day of ~ in the year 1992, before me, the undersigned,
a Notary Public 'in and for said State, personally appeared Joy S. Flack and Joe
Simunich, known to me. to be the persons whose names are subscribed to the foregoing
instrument, and acknowledged to me that they executed the same.
O .... ,~
'.~•Il~l•V1+•I~~tv`~SS WHEREOF, [have hereunto set my hand and affixed my official
seal t [tg ya wear first above written.
~, ~,~~ r'C~ir `~ -
SEA~~ ~3~~~C , ~ NOTARY P LIC for Idaho
•" " ~`~ - Residing at ~c~a~i--o
,.
Commission Expires 7 /-9s/
STATE OF IDAHO, )
:ss.
County of Ada, )
On this ~~day of /~r""-t'~- in the year 1992, before me, the undersigned,
a Notary Public in and for said State, personally appeared GRANT P. KINGSFORD and
JACK NIEMANN, Mayor and City Clerk of the City of Meridian, known to me to be
the persons whose names are subscribed to the foregoing instrument, and acknowledged
to me that they executed the same in their respective capacities as Mayor and City
Clerk.
IN WITNESS WHEI{E:OF, [ h~y~,~~ereunto set my hand and affixed my official
seal the day and year first ~above~,~itten.s~/., TT
`~, ~e~~e~ I.
Q
SEAL ~~oTR,gy,,y
NOT RY P IC for aho
c* 'OUQ~~G ~'f= Residing at `
;sp;° Commission Expires /Q -Z7-LL
Sanitary Sewer Easement - ;Page 4 ~df~~~~~~~"'~
Permanent and Temporary Sanitary Sewer Easement Descriptions attached.
Rev. 2/24/92
20' PERMANENT SEWER EASEMENTS AND
100' TEMPORARY SEWER CONSTRUCTION EASEMENTS
PARCEL #S1 201 21 2400
FLACK, JOY S. & JOE SIMUNICH
955 WEST USTICK ROAD
BOISE, IDAHO 83642
A PERMANENT EASEMENT SHALL BE 20 FEET WIDE AND A TEMPORARY EASEMENT SHALL
BE 100 FEET WIDE. BOTH EASEMENTS SHALL BE CONTINUOUS AND PARALLEL TO THE
FOLLON~!NG DESCRIBED CENTERLINE SITUATED IN THE SOUTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOiSt-MERIDIAN,
ADA COUNTY, IDAHO, AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT THAT IS 87.51 FEET NORTH AND 3,772.78 FEET WEST OF
THE EAST 1/4 CORNER OF SAID SECTION 1, SAID 1/4 CORNER BEARS S00°16'23"W
A DISTANCE OF 2,658.28 FEET FROM THE NORTHWEST CORNER OF SAID
SECTION 1, SAID POINT BEING THE REAL POINT OF BEGINNING.
THENCE N32°25'43'E FOR A DISTANCE OF 105.63 FEET TO A POINT;
THENCE S89°46'08'E FOR A DISTANCE OF 270.25 FEET TO A POINT,
THENCE N00°26'54'E FOR A DISTANCE OF 743.00 FEET TO A POINT, SAID POINT
BEING THE TERMINUS OF THIS DESCRIPTION.
Also
A PERMANENT EASEMENT SHALL BE 20 FEET WIDE (10 FEET NORTH AND 10 FEET SOUTH)
AND A TEMPORARY EASEMENT SHALL BE 100 FEET WIDE (20 FEET NORTH AND 80 FEET
SOUTH). BOTH EASEMENTS SHALL BE CONTINUOUS AND PARALLEL TO THE FOLLOWING
DESCRIBED CENTERLINE SITUATED IN THE SOUTHEAST 1 /4 OF THE NORTHWEST 1 /4 OF
SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE-MERIDIAN. ADA COUNTY, IDAHO,
AND IS MORE PAR'i ICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT THAT IS 918.56 FEET NORTH AND 3,440.08 FEET WEST
OF THE EAST 1/4 CORNER OF SAID SECTION 1, SAID 1/4 CO;~NER BEARS
S00°16'23'W A DISTANCE OF 2,658.28 FEET FROM THE NORTHWEST CORNER OF
SAID SECTION 1, SAID POINT BEING THE REAL POINT OF BEGINNING.
THENCE S64°49'28'E FOR A DISTANCE OF 125.14 FEET TO A POINT;
THENCE S87°11'13'E FOR A DISTANCE OF 9.61 FEET TO A POINT MORE OR LESS,
ON THE EAST LINE OF SAID PARCEL, SAID POINT BEING THE TERMINUS OF THIS
DESCRIPTION.
THETEMPORARY SEWER CONSTRUCTION EASEMENTS DESCRIBED ABOVESHALL EXPIRE
FEBRUARY 28, 1993.
BL7/044
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GENERAL POWER OF ATTORNEY
Know All Men by These Presents: J~y._s.•._D8~id8on_8iso_kno~,~,_88_..___.._
That.------------- - -- --
- _ Joy- S' Flack------ - --- --- .. _ ------------------------------------------°----°---------------------•---•---------
oP Boise- ----- -- ------- + County of... ---------------- -Ada-----•----------+ State of-- ----Idaho..-------•-------•---•,
has.---- made, constituted and appointed, and by these presents do_....-.__-make, constitute, and appoint
William- -~Bill)_3$~.. Flack--- - _-... -----., of--------------------Eagle------ - - -°----- --------+ County of
___.Ada--------°--------------------------- State of.-..-..ldahn_-__.----------------, •-----------------------true and lawful attorney for
and in _. my ... _-name &_ ,place & .and stead, and for---._mX---------- -use and benefit, to ask, demand,
site for, recover, collect, and receive :ill such sums of money, debts, dues, accounts, legacies, bequests,
interest, dividends, annuities, and demands whatsoever, as are now or shall heI•eafter become due, owing,
payable, or belonging to_.-__.-me.-.__ __, :md have, use, and take all lawful ways and means in._____my________
name or othenrise for the recovery thereof, by attachments, aI•I•ests, distress or otherwise, and to com-
promise and agree for the same, and acquittances, or other sufficient discharges for the same, for______.___
and in..._niy....___name...&.-., to make, seal, and deliver; to bargain, contract, agree for, purchase, receive,
and take lands, tenements; her•editaments, and accept the seisin and possession of all lands, and all deeds
and other assurances in the law therefor, and to le:ise, let, demise, bargain, sell, remise, release, convey,
mortgage, and hypothecate lands, tenements, and hereditaments upon such terms and conditions, and
under such. covenants as._._._?.-..--__ _shall think fit. Also, to bargain and agree for, buy, sell, mortgage,
hypothecate, and in any and every way and manner deal in and with goods, wares, and merchandise,
chows in action, and other property in possession or in action, and to make, do, and transact all and every
kind of business of chat nature or kind soever, and also for......-_me.-......_-__and in.___-_mX_-___.----name___..
and as-._ i.._.__-._.-.-act and deed to sibrn, seal, execute, deliver, and acknowledge such deeds, leases, and
assignment of leases, covenants, indentul•es, agreements, mortgages, hypothecations, bottomries, charter-
parties, bills of lading, bills, bonds, uotcs, receipts, evidences of debt, releases, ::nd satisfaction of mox•b
gages, judgments and other debts, and such other instruments in writing of whatever kind and nature as
may be necessary or proper in the premises.
Giving and granting unto.__-..._-him.-.-.said attorney full power and authority to do and perform all
and every act and thing whatsoever requisite .Ind necessary to Ue done iu and about the premises, as fully
as_._,•-I .-.-_-_. _ might ol• co~d~o if pQrson111y present. (wr'~#till pQwgr•.uf.sllk~__-
stitution oI• I•evocation), heI•eby ratifying and confirming all that ...............my._.._..._...said attorney (or his
substitute or substitutes) shall ]awfully do or cause to be done by virtue of these presents.
IN WITNESS WHEREOr,__ L have hereunto set.........my.......hand.._ and seal..__.the____2nd._..._
day of.. - - -January-------- ---- ---- + 19- 91 •
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