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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 EASEMENT AGREEMENT - 1 4-12-95~2515~15~S E W E R EAS. R E3 ,~ ; . ~ f 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 EASEMENT AGREEMENT - 2 4-12-95~2515h S~SEW EREAS.RE3 w r ~ . ~ ~ ~ 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 EASEMENT AGREEMENT - 3 4-12-95~2515115~SEW EREAS.RE3 ,• ~ 4 r ~ ~ ~ successors and assigns. IN WITNESS WHEREOF, the parties have executed this Sewer Easement Agreement as of April 21, 1995. GRANTOR: ~'YG~ QO~,q TF O ~~i.~-~ 9~~ ~~p~ ', 'PQ SST 1S'~ ~ .r ~.`~ ~~~~~+n~n n~-~~~~~~ ames F. Gri n 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 ~,, , • . K{ +~ w NOTARY PUB FOR IDAHO Residing at GK-' My Commission Expires EASEMENT AGREEMENT - 4 4-12-95~2515~15~S E W E R EAS. R E3 ~. ,, .~ 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. ,Q, ` °`r~: V. ~ N C V ~ ~ ~ r. Y I ~ V Rt*~`'~~'~E 0E i0Q~o~~ b~441tl4M4M'~~"U~ PUBLIC FOR IDAHO at ~; d nission Ex Tres b a EASEMENT AGREEMENT - 5 4-12-95~2515\15\SEW EREAS.RE3 ., , ~• v . . 1 ,~ 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. -*-. S t a 7'S' w' ' '. eta ';~._? G ~~ ROYLANCE AND ASSOCIATES PA ~;'.' . , . ~~ _ ~ Engineers Surveyors Landplanners ~~~~5~ ...~,~ ` -= ~ 4619 Emerald Suite D-2 Bolse Idaho 83706 (208) 336-7390 ~=- ~ AM RIFFIN ~' ~~~~ ~'~ - J ES G ~5 ~ 1~~ r .. f NOVEMBER 24, 1994 PN 9306-1426 F~E~o® ~~ EASEMENT EXHIBIT RECCr,~,~:. „ _:,-~T ~, _ , 1 MARSHALL SMITH ` SU DIVISION ~~ ~ ~1 1 1 1 1 1 1 ~~ 1 S~iL ~ ~ `` ~,p JAMES GRIFFIN •`` ~ O/~~ ~` `~ ~~ pQ ~ sF~ti .~ r I I I I I \ /~ 1y EXHIBIT A (map)