Easement Agreement with Griffin, James F. for Five Mile Creek~.
SEWER EASEMENT AGREEMENT
ORIGINAL
For valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, James F. Griffin, a single man dealing with his separate property, herein
referred to as GRANTOR, does hereby grant, bargain, sell, transfer and convey unto the City
of Meridian, an Idaho municipal corporation, hereafter referred to as GRANTEE, its
successors and assigns, the following easements:
1) ANon-Exclusive, Temporary Construction Easement for construction
and installation of a Sewer Line and Manholes (referred to collectively
hereinafter as "Work") across and under the real property described on Exhibit
A attached hereto and incorporated herein by this reference (referred to
hereinafter as "the Construction Easement").
2) ANon-Exclusive Permanent Easement for construction, operation,
inspection and maintenance (referred to collectively hereinafter as
"Operation"), of a Sewer Line and Manr~oles across and under the real property
described on Exhibit A attached hereto and incorporated herein by this
reference (referred to hereinafter as "the Permanent Easement") together with
the right to enter upon so much of the surface of the Construction Easement
as is reasonably necessary and appropriate for Operation; and
GRANTOR covenants that GRANTOR is possessed of a fee simple estate in the land
and has all authority necessary to grant this easement and that GRANTOR will construct
no permanent structure(s) on or over the sewer easement except as set forth herein;
GRANTEE shall complete the Work no later than 18 months from the date this
Agreement is signed. If the Work is not completed within 18 months from the date of
execution hereof, all rights of GRANTEE under this Agreement shall terminate. The
Construction Easement shall terminate, under all circumstances, 18 months from the date
of execution hereof.
GRANTEE covenants that GRANTEE, it agents, contractors and subcontractors shall
perform all Work and Operations in a good and workmanlike manner, in compliance with all
applicable federal, state and local laws, rules and regulations and will take all precautions
reasonably necessary to avoid the risk of harm to person or property.
GRANTEE covenants that upon completion of any act of the Work and%or Operation,
GRANTEE will restore the surface of the ground to a condition which is as near as
practicable to the condition in which the surface of the ground existed prior to the
commencement of said act of Work and/or Operation. GRANTEE further covenants that
neither it, its agents or contractors will prevent access to any home or business affected by
any easement granted hereby.
GRANTEE shall, at GRANTEE'S sole cost and expense and no later than 12 months
from the date of execution hereof, construct eight inch (8") stub lines in an easterly direction
from the base of Manhole 21 and Manhole 23 which shall allow future sewer connection for
that portion of GRANTOR'S property which generally lies east of Five 1~Iile Creek as shown
on Sheet 7 of 13, Sanitary Sewer Extension 5 Mile Drainage, as prepared by Roylance and
Associates, P.A., plan date 6/13/94, last revision 1/16/95, plot date 1/19/95, which is made a
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part hereof by this reference. A drawing will be provided to GRANTOR showing the field
location and appropriate elevation of each such stub line.
GRANTEE shall, at GRANTEE's sole cost and expense, construct an eight inch (8")
stub line in a westerly direction from the base of Manhole 21 underneath Five Mile Creek
and accessible to GRANTOR'S property on the west side of Five Mile Creek as shown on
Sheet 7 of 13, Sanitary Sewer Extension 5 Mile Drainage, as prepared by Roylance and
Associates, P.A., plan date 6/13/94, last revision 1/16/95, plot date U19/95, which is made a
part hereof by this reference. This west sewer service stub line will be constructed to extend
25 feet beyond the west top bank of Five Mile Creek. This stub line will be capped and the
end point will be marked with a two inch by four inch (2" by 4") wooden post vertically buried
at the end of the stub to ground surface with wire wrapped around for metal detection. A
drawing will be provided to GRANTOR showing the field location and appropriate elevation
of such stub line.
GRANTEE will defend, indemnify and hold GRANTOR and GRANTOR'S successors
and assigns, harmless from any losses, claims, allegations, actions, damages, costs, expenses,
liability or judgments, including attorneys fees, for damages or injuries to persons or
property, and/or loss of use to any tenant of GRANTOR caused by, arising out of, or
associated with the Work, Operation or use by GRANTEE, its assigns, contractors and/or
subcontractors, of any easement granted hereby.
GRANTEE will defend, indemnify and hold GRANTOR and GRANTOR'S successors
and assigns harmless from any losses, claims, allegations, actions, damages, costs, expenses,
liability or judgments, including attorneys fees, that GRANTOR or GRANTOR'S successors
and assigns may suffer as a result of any and all claims, allegations, demands, costs or
judgments made against GRANTOR, his successors and assigns, by any third party,
including, without limitation, a government authority, arising from the deposit, storage,
disposal, burial, dumping, injecting, spilling, leaking or other placement or release in, on, or
under the property described on Exhibit A attached hereto, and any property of GRANTOR
contiguous thereto, of any "hazardous substance." For the purpose of this Agreement,
"hazardous substance" shall include, but not be limited to, substances that are: toxic,
corrosive, inflammable, ignitable, or explosive; sewage, asbestos, radioactive materials,
petroleum or petroleum based products, hazardous wastes, toxic substances or related
injurious materials, whether injurious by themselves or in combination with other materials,
and substances which are or may be defined as "hazardous substances", "hazardous
materials" or "toxic substances" in any applicable federal or state statute or county or
municipal law or ordinance, in each case as amended.
GRANTEE shall provide GRANTOR with 3 days prior written notice of all Work and
any Operations involving maintenance and shall cooperate and coordinate with GRANTOR
closely to insure that all Work and Operations involving maintenance activities are conducted
in a way which is not unreasonably disruptive. No advance notification shall be required of
GRANTEE in the event of an actual emergency presenting an unreasonable risk of harm to
person or property.
GRANTEE covenants that existing trees along the sewer alignment will be retained
and protected during Work and Operations.
Both GRANTEE and GRANTOR acknowledge that the area of the Easement may
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become an amenity for a future development and as such will include various architectural
surface treatments and plantings. Those treatments and plantings, which may include
fences, shall not unreasonably hinder the GRANTEE's ability to perform work and operations
on the easement, but may be removed and reinstalled at GRANTEE'S sole cost and expense.
GRANTOR agrees that GRANTEE, at GRANTEE'S sole cost and expense, will be
allowed to construct the following described surface features:
1) An all weather access road to each manhole within the Permanent
Easement. GRANTEE agrees to contact GRANTOR by phone or mail to
coordinate access arrangements prior to actual use except in the event
of an actual emergency presenting an unreasonable risk of harm to
person or property. This feature shall be described hereinafter as "the
Gravel Access Road".
2) A 20 foot by 20 foot area surrounding each manhole within the
Permanent Easement may be improved with a 10" thickness of
compacted 3/4" or smaller road mix gravel on a stable subgrade to
support sewer maintenance equipment owned by GRANTEE in all
weather field conditions. This feature shall be described hereinafter as
"Manhole Pads".
GRANTEE agrees that GRANTOR, at GRANTOR'S sole cost and expense, may remove
the Gravel Access Road described above, after the GRANTOR has provided alternative access
to the Manhole Pads. Said alternative access shall not be less than ten feet wide and shall
be structurally equivalent to local unpaved residential roads and designed to support
occasional vehicular traffic.
GRANTEE agrees that GRANTOR, at GRANTOR'S sole cost and expense, may
depress one or more Manhole Pads no more than 8" below the surface and cover same with
a material or materials chosen by GRANTOR, including, but not limited to, topsoil, grass,
turf or grasscrete. Notwithstanding the depression of any Manhole Pad, all manholes and
manhole covers shall remain clear and unrestricted.
The grant and other provisions of this Sewer Easement Agreement shall constitute a
covenant running with the land for the benefit of both GRANTOR and GRANTEE and their
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successors and assigns.
IN WITNESS WHEREOF, the parties have executed this Sewer Easement Agreement
as of April 21, 1995.
GRANTOR:
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GRANTEE:
Grant P.
By William G. Berg, Jr., City erk, City of Meridian
,City of Meridian
STATE OF IDAHO
County of Ada
On this ~ day of r ~ 1995, before me, ~~ 2 ~ ~'~~~'~'+~ ~
personally appeared James .Griffin, known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand an flixed my official seal
the day and year in this certificate first above 'ten
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NOTARY PUB FOR IDAHO
Residing at GK-'
My Commission Expires
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STATE OF IDAHO
County of Ada
On this ~~ day of r' ~ 1995, before me, ~-,~~e_ L.. Gass ,
personally appeared Grant P. Kin sford and William G. Berg, Jr., known to me to be the
Mayor and City Clerk 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 in this certificate first above written.
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Roylance & Associates P.A.
Engineers ~ Surveyors ~ Londplanners
4619 Emerald. Suite D-2, 8dse, Idoho 83706 November 17, 1994 i°~1O"e (~8) 336.7390 Fax (208) 336-7391
Project No. 1426
(See Attached Map dated 11-17-94)
REVISED December 20, 1994
REVISED January 19, 1995
Legal Description For James F. Griffin
Sanitary Sewer Easement in the vicinity of 5-Mile Drain from Magic View Subdivision to Union
Pacific Railroad, Ada County, Meridian, Idaho
A 20 foot wide permanent sanitary sewer easement being 10 feet each side of the
following described centerline, and a temporary construction easement contiguous with and
60 feet to the right of said following described centerline, being situated in Section 17,
Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows:
Commencing at a found brass cap monumenting the Southeast Corner of the
Northeast 1/4 of said Section 17, thence along the southerly line of said Northeast 1/4
South 89°-51'-35" West a distance of 2606.79 feet to a found steel pin monumenting the
Southwest Corner of said Northeast 1/4, thence North 89°-51'-35" East along said southerly line
a distance of 178.51 feet (formerly South 89°-57'-15.8" East a distance of 177.75 feet to a point
on that public right-of--way shown on the plat of Amended Magic View .Subdivision, (a recorded
subdivision on file in Book 52 of Plats at Pages-4445 and 4446, records of Ada County, Idaho),
thence leaving said southerly line and-along said public right-of--way southwesterly a distance of
.58.54 feet along the arc of a circular curve to .the left, said curve having a radius of 45.00 feet, a
central angle of 74°-31'-57", a chord bearing South 52°-35'-36" West, and a chord distance of
54.50 feet to a point, thence leaving said right-of--way South 89°-51'-31" West a distance of
46.09 feet to a point, thence North 63°-27'-09" West a distance of 100.17 feet to a point on the
easterly line of the James F. Griffin property as described in judgement recorded as
Instrument Nos. 9154144, 9154145, and 9154146, all dated September 27, 1991, said point being
the POINT OF BEGINNING.
Thence South 89°-49'-52" West a distance of 423.58 feet to a point,
Thence North 52°-20'-03" West a distance of 309.61 feet to a point,
Thence Nort)~ 42°-06'-33" Wept a distance of 3 59.50 feet to a point,
Thence North 40°-44'-54" West a distance of 397.77 feet to a point,
Thence North 09°-30'-19" West a distance of 306.57 feet to a point,
Thence North 17°-39'-54" West a distance of 232.42 feet to a point,
Thence North 73°-13'-12" West a distance of 113.74 feet to the POINT OF TERMINiJS,
being on the northerly property line as described in said Judgement.
Prepared By:
ROYLANCE AND ASSOCIATES, P.A.
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` -= ~ 4619 Emerald Suite D-2 Bolse Idaho 83706 (208) 336-7390
~=- ~ AM RIFFIN ~' ~~~~ ~'~ -
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NOVEMBER 24, 1994
PN 9306-1426 F~E~o® ~~
EASEMENT EXHIBIT RECCr,~,~:. „ _:,-~T ~,
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MARSHALL SMITH `
SU DIVISION
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EXHIBIT A (map)