Permanent and Temporary Sanitary Sewer Easement Agreement with Venable, Erian J. and Caryl A. S. for Slough Intercepter
PERMANENT AND TEMPORARY SANITARY SEWER EASEMENT AGREEMENT
THIS INDENTURE, made this ~ day of ,~~' 1992, between Erlan
J. Venable and Caryl A. Venable, husband and wife, 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;
W [TNESSETH:
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 he 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 TO HOLD, the said easement and right-of-way unto the said
Grantee, its successors and assigns forever.
IT 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 5
THE GRANTORS hereby covenant and agree that they will not place or allow
to he 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.
IT 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 5
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.
IT IS UNDERSTOOD that the Grantee will replace as specified in the contract
documents, anv trees that must be removed as a result of the construction project. the
Grantor may elect to not have the trees replaced. If he so elects in writing, the Grantee
will compensate Grantor for the loss of the tree or trees based on fair market value.
Fair market value will be agreed upon by the Grantor and Grantee and if agreement
cannot be reached they shall agree on an appraiser who shall be a nurseryman or a
landscape architect to value the tree or trees. If the parties cannot agree on one
appraiser they each shall appoint an appraiser and the two appointed appraisers shall
appoint a third appraiser and the three appraisers shall determine a value of the tree
or trees and such determination shall be binding on the parties. All costs of appraising,
whether by one appraiser or three, shall be split equally between the parties.
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 aze 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.
Sanitary Sewer Easement -Page 3 of 5
IN WITNESS WHEREOF, the said parties of the first part have hereunto
subscribed their signatures the day and year first hereinabove written.
GRANTORS
r an J. e
Caryl .Venable
GRANTEE
";~1 T ~-
GRANT P. KING -MAYOR
Sanitary Sewer Easement -Page 4 of 5
STATE OF IDAHO, )
:ss.
County of Ada, )
On this ~ day of l~9 Ah e.~. in the year 1992, before me, the undersigned,
a Notary Public in and for said State, personally appeared Erlan J. Venable and Caryl
A. Venable, known to me to be the persons whose names are subscribed to the
foregoing instrument, and acknowledged to me that they executed the same.
[N W[TNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above wri~(~g,~,,,~
SEAL ~ `` QR~~......ti~d1~T ; vK~.
~~~OT~l,gy ~ "_ NOTA Y P IC for Idaho
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STATE OF IDAHO, ) °'qrF Of ~°~P\~°~
County of Ada, )
On this ~ day of ~'}~,,IA.Cc~ 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 WHEREOF, I ~~ve hereunto set my hand and affixed my official
seal the day and year first ab¢v~~w~ittgs>f'~.
`~`PRi efeaaaee.~e%T i
SEAL ,' .,r°~p'if ~'Y y ~=, `~ch-rvt~
i ~; NOTA Y P IC for daho
3~` st UB L~C'cd ?f a Residing at
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Sanitary Sewer Easement.- Page''S~~of~~a~`'~~
Permanent and Temporary Sanitary-Sewer Easement Descriptions attached.
Rev. 2/24/92
TEMPORARY SEWER CONSTRUCTION EASEMENT
PARCEL #S1201244605
VENABLE, ERIAN J. & CARYL A.
2625 VENABLE LANE
MERIDIAN, IDAHO 83642
A PARCEL OF LAND 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 PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT THAT IS 779.84 FEET NORTH AND 3,064.24 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 NORTHEAST CORNER OF
SAID SECTION 1, SAID POINT BEING MORE OR LESSON THE EAST PROPERTY UNE
OF SAID PARCEL, SAID POINT BEING THE REAL POINT OF BEGINNING.
THENCE N89°14'25"W FOR A DISTANCE OF 253.12 FEET TO A POINT MORE OR LESS
ON THE WEST LINE OF SAID PARCEL;
THENCE N00°04'48'E ALONG SAID WEST LINE A DISTANCE OF 100.00 FEET TO A
POINT;
THENCE S89°14'25'E FOR A DISTANCE OF 664.35 FEET TO A POINT MORE OR LESS
ON THE EAST LINE OF SAID PARCEL;
THENCE S00°06'38'W ALONG SAID EAST LINE A DISTANCE OF 39.26 FEET TO A
POINT MORE OR LESS ON THE NORTH LINE OF PARCEL #S1201244705;
THENCE N89°20'S2'W ALONG SAID NORTH LINE A DISTANCE OF 411.17 FEET TO A
POINT;
THENCE S00°06'38`W FOR A DISTANCE OF 59.97 FEET TO A POINT, SAID POINT
BEING THE REAL POINT OF BEGINNING.
THIS TEMPORARY SEWER CONSTRUCTION EASEMENT SHALL EXPIRE FEBRUARY 28, 1993
s~i~oas
Rev.2/24/92
PERMANENT SEWER EASEMENT
PARCEL #S1201244605
VENABLE, ERLAN J. & CARYL A.
2625 VENABLE LANE
MERIDIAN, IDAHO 83542
A PARCEL OF LAND 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 PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT THAT IS 839.04 FEET NORTH AND 2,995.79 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 NORTHEAST CORNER OF
SAID SECTION 1, SAID POINT BEING MORE OR LESS ON THE SOUTH PROPERTY
LINE OF SAID PARCEL, SAID POINT BEING THE REAL POINT OF BEGINNING.
THENCE N87°30'S9'W FOR A DISTANCE OF 321.75 FEET TO A POINT MORE OR LESS
ON THE WEST UNE OF SAID PARCEL;
THENCE N00°04'48'E ALONG SAID WEST LINE A DISTANCE OF 20.02 FEET TO A
POINT;
THENCE S87°30'59'E FOR A DISTANCE OF 325.44 FEET TO A POINT;
THENCE S89°14'25"E FOR A DISTANCE OF 335.60 FEET TO A POINT;
THENCE S74°59'31'E FOR A DISTANCE OF 3.69 FEET TO A POINT MORE OR LESS
ON THE EAST LINE OF SAID PARCEL;
THENCE S00°06'38'W ALONG SAID EAST LINE A DISTANCE OF 18.35 FEET TO A
POINT;
THENCE N89°20'S2'W FOR A DISTANCE OF 342.83 FEET TO A POINT, SAID POINT
BEING THE REAL POINT OF BEGINNING
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