Easement Agreement with Buckert, Duane E. and Wanda L. for Five Mile Creek1 9 . ~ ,
EASEMENT AGREEMENT
This Easement Agreement is made and entered into this~~day of March, 1995, by the undersigned
Duane E. Buckert and Wanda L. Buckert, husband and wife, hereafter referred to as "Grantor" for the benefit of the City
of Meridian, a municipal corporation of the state of Idaho that maintains a mailing address of 33 East Idaho, Meridian,
Idaho 83642, and its successors and assigns (the "City") and for the benefit of the Grantor and present and future owners
of all or any portion of the Five Mile Drain Property (hereinafter described) for the following reasons:
A. The City desires to provide sewer service to the "Grantor's Pazcel" and other property in the
vicinity referred to in this Agreement as the "Five Mile Drain Property" by means of a "Sewer Line" to be
constructed through the Grantor's Parcel, all of which are generally depicted by Exhibit A, attached hereto and
incorporated by this reference.
B. The Grantor recognizes that the presence of the Sewer Line and the availability of City sewer
service to the Grantor's Parcel is a material benefit to the Grantor and such Grantor's Pazcel.
Now, therefore, in consideration of the foregoing premises and for One Dollaz and other good and
valuable consideration, the sufficiency of which is hereby acknowledged by the Grantor, the Grantor, for his heirs,
successors and assigns, hereby grants the easements hereinafter described and agrees as follows:
1. Grant of Easements.
The Grantor hereby grants to the City and its successors and assigns the permanent Sewer Line
Easement and the temporary Construction Easement, each of which is more particulazly described below:
a. The Permanent Sewer Line Easement. The Sewer Line Easement hereby granted consists of the
permanent and perpetual right to excavate, grade and backfill for the installation, repair, maintenance,
alteration, support, lowering or raising of, and to install, repair, maintain, alter, support, lower or raise,
and utilize the Sewer Line in, into, upon, over, across, and under a strip of land fifteen (15) feet
Northerly of and five (5) feet Southerly of the center line described by Exhibit B attached hereto and
incorporated by this reference; additionally, Grantor grants to the City the right of permanent access,
ingress and egress, to and from the easement, sewer line and manholes, to perform the acts stated in this
Easement Agreement. In furtherance of the foregoing, the Sewer Line Easement includes, but is not
limited to, as well the following --
(i) the right to grade the strip of land described above and to extend cuts and fills for such grading into,
on and along such strip as the City shall deem necessary and the right to use the permanent easement for
construction purposes, as set forth in this Easement Agreement during the construction and placement
of the sewer line;
(ii) upon completion of construction of the trunk line across the Grantor's Pazcel and the construction
easement has expired, the City of Meridian, and its assignees, have the right to access the Grantor's
Parcel for the purposes of inspection, repair, and maintenance of the Sewer Line as required; any access
other than through the easement will be by permission only and permission must be obtained prior to
access.
HOWEVER, Grantor shall not unreasonably withhold permission; if an emergency exists and it
is necessary to proceed through Grantor's property to gain access to the easement and grantor's
'~ permission has been attempted to be obtained, but permission has not been obtained, City shall have the
right to access the easement through Grantor's parcel.
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(iii) the right from time to time to trim and to cut down and clear away any and all trees and brush now
or hereafter on said strip of land or that may be a hazard to the Sewer Line or interfere with the exercise
of the City's rights hereunder;
(iv) the right to install, maintain, and use gates in any fence that now or hereafter crosses said strip of
land;
(v) the right to mark the location of said strip of land, its centerline or the Sewer Line by suitable
markers set in the ground;
(vi) as long as the Grantor's property remains undeveloped, the City shall have the right to gravel all of
the easement, or portions thereof, for access purposes, and the City shall have the right to place
manholes in, and/or on, the surface of the easement and shall have the right to access the permanent
easement and the sewer line and to maintain and repair the sewer line, either before or after the
development of Grantor's pazcel. The Grantor shall have the right to remove the gravel as his property
is developed but City shall still have the right to access for maintenance and repair, and
(vii) when, and as, Grantor's pmperiy is developed, Grantor grants to the City the right of permanent
access to the easement, the sewer line therein, and the manholes, as stated in the first paragraph of this
section 1. a.
(viii) the Grantor further understands and agrees that the Nampa-Meridian Irrigation District shall be
authorized to use any road or access described above, for its inspection, repair or maintenance of the
Five Mile Drain.
b. The Construction Easement. The Construction Easement hereby granted consists of the right to perform
work necessary or advisable for the construction of the Sewer Line, including but not limited to
surveying, excavation, installation, repair, maintenance, alteration, support, lowering or raising, and
inspection or testing of the Sewer Line, and related incidental excavation, grading, roadwork and the
like necessary or advisable to complete construction of, and to place in operation, the Sewer Line and
related service road (the "Construction Work"), which Construction Work shall be performed, occur in
and be confined to the space that is upon, over, across, and under a strip of land sixty (60) feet on the
left side of the center line described by Exhibit B, attached hereto and incorporated by this reference,
which sixty (60) feet includes five (5) feet of the twenty (20) permanent easement. Since the
construction easement is fifty-five (55) feet and the permanent easement is twenty (20) feet, the City
shall have seventy five (75) feet within which to perform construction. The Construction Easement
shall expire when the construction contract terminates.
c. Exercise of Rights through Third Persons. The Grantor understands and agrees that the City shall be
entitled to exercise the rights hereby granted by the employment or other arrangement for employees,
agents, consultants, independent contractors and other persons engaged for airy portion of the
Construction Work or, in connection with the permanent Sewer Line easement, to excavate, grade and
backfill for the installation, repair, maintenance, alteration, support, lowering or raising of, and to
install, repair, maintain, alter, support, and lower or raise the Sewer Line and related service road.
2. Grantor's Title and Authority.
The Grantor hereby covenants, represents and warrants to the City that such Grantor has fee title to
Grantor's Pazcel, described in Exhibit "A" and full power and authority to grant the Sewer Line Easement and
the Construction Easement.
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3. General Terms and Interpretation.
a. Existence and Course of Sewer Line. The description of the proposed Sewer Line is not a pmmise by
the City to build such a sewer line.
b. Benefits and Burdens to Run with the Land. The benefits and burdens of this agreement shall run with
the land. The City is authorized to record this Agreement in the records of Ada County, Idaho.
c. Entire Agreement: Modifications. This Agreement represents the entire agreement between the
Grantor and the City covering the subject-matter hereof, replacing and superseding all prior and other
contemporaneous discussions, representations, understandings and agreements. This Agreement shall
not be modified except by a written instrument executed by the party or parties to be bound.
d. Other Uses within the Easements. The Grantor reserves the right to use the land within either easement
(the Construction Easement and the Sewer Easement) for any use that does not interfere with the full
enjoyment of the easements hereby granted; provided, however, the Grantor covenants, for himself, his
successors and assigns, not to build, erect or construct any structure, improvement, well or other
obstruction on either strip, or to diminish or substantially add to the ground cover over the Sewer Line,
or to excavate within the bounds of either easement; provided, fiuther, the Grantor's covenant not to
build, erect or construct within the Construction Easement shall cease when the Construction Easement
expires.
e. Consideration for Diminution in Value. The Grantor agrees that the consideration recited herein is for
the rights granted and includes as well full compensation for any damage to or diminution in value of
the Grantor's Pazcel.
f. Gender and Number. Unless the context specifically requires otherwise, the singular includes the plural,
and vice versa, and each gender includes every other gender. In particulaz, but not by way of limitation,
the term "Grantor" includes jointly and severally each and every person or legal entity who executes this
Agreement in that capacity.
g. Special Provisions. In addition to the foregoing, this Easement Agreement incorporates herein Exhibits
A, B, and C, and particulazly those special provisions set forth in Exhibit C, all of which Exhibits aze
attached hereto and incorporated by this reference.
h. B~. This agreement shall not be binding upon the parties until all of the parties have signed and
the Meridian City Council shall have authorized, or ratified, the signatures of the Mayor and City Clerk.
In witness whereof, the Grantor has caused this Easement Agreement to be duly executed and delivered on the
date first above written.
Grantor:
Duane E. Buckert
Wanda L. Buckert
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STATE OF O )
ss.
County of Ada )
On this ~ 'day of March, 1995, before me, 5 personally appeared
Duane E. Buckert, known or i ed to me (or proved to me on the oath ~ ), to be the
person whose name is subscribed to within instrument, and acknowl to me that he executed the same.
IN WITNESS WHERE have here my hand and affixed my official seal the day and year in
this certificate first above written.
NOTARY \
Residing at _\
My Commission
STATE OF IDAHO )
ss.
County of Ada )
FOR IDAHO
On this ~- "l day of March, 1995, before me ~T,~~ ~1 C : ~E~~I56~1'Iy ppeared
Wanda L. Buckert, known or identified to me (or proved to me on the oath of ), 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 and affixed my official seal the day and year in
this certificate fi ®~e's®m
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R EE'UBT,IC OF TH N PHILIPPINE'S )
CITY OF C~EIJ ERAL SANTOS ) S . S . ACKNON'LEDt3 BMENT
Xw r w w w • w f. w r w w w X
BORE M8, in this 1st day of Febrnary,199 , in the City
of Gt~~eral Santos,Philipp n~ e~, personally appeared ~. Bt1'
. with his/her Res. Cert. No. ~-19525
setts at at. S~toa City ,on Jan. 19, 19 , nown me s
the. st~me person w executed the forego n6 nstr e t and .fie/sh4 ac;
1~nawledgeed to a:e to be the same person as hi ® ee aat and Avo-
luntary deed. ~
t~IffitNESS I~fY HAND AND NOTARIAL SEAL.
r ~,
Doc. Na. 215 ~ V'
Page No ~. ~; NDO RA CiR ~'IL4
nook No.'~' Ly "; Notary P bli
Series of 199S Until December 31,1996-PTIt. N0.7868784
TIN 114.201-556;IDP. oR. No.373667
STATE OF IDAHO )
ss.
County of Ada )
On this ~ day of v 1995, before me, the undersigned, a Notary Public in and for
said State, personally appeared Grant P. Kingsford 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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3f22/95-Final
Exhibit A: Depiction of Five Mile Drain Property, the Grantor's Parcel and the Sewer Line
Exhibit B: Center line of Sewer Line Easement
Exhibit C: Special Provisions
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Roylance & Associates P.A.
Engineers • Surveyors • Landplanners
4619 Emerald, Suiie D-2, Boise, Idaho 83706 Telephone (208) 336-7390 Fax (208) 336-7391
EXffiBIT "A"
November 17, 1994
Project No. 1426
(See Attached Map dated 11-17-94)
REVISED December 20, 1994
REVISED January 19, 1995
REVISED March 2, 1995
REVISED March 22, 1995
Legal Description For Duane E. and Wanda L. Buckert
Sanitary Sewer Easement in the ~ncinity of 5-Mile Drain from Magic View Subdivision to Union Pacific
Railroad, Ada County, Meridian, IdahU
A 20 foot wide permanent sanitary sewer easement being 15 feet Northerly of and' S feet Southerly
of the following described centerline, and a temporary construction easement contiguous with and 60 feet
to the left 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 37.85 feet along the arc of a
circular curve to the left, said curve having a radius of 45.00 feet, a central angle of 48°-11'-39", a chord
bearing South 65°-45'-45" West, and a chord distance of 36.75 feet to a point on the easterly line of the
Duane E. and Wanda L. Buckert property as described in Warranty Deed recorded as
Instrument No. 8122335, dated May 26, 1981, said point being the POINT OF BEGINNING.
Thence leaving said right-of--way South 89°-51'-35" West a distancz of 91.72 feet to a point,
Thence North 63°-27'-09" West a distance of 33.40 feet to the POINT OF TERMINUS being on
the northerly property line as described in said Warranty Deed.
Prepared By:
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c:lwordtext~projects\1426~buckeit2.303
ROYLANCE AND ASSOCIATES, P.A.
,T~t,, ~ 4619 EMERALD SUITE D-2
``~ '`~' BGISE, IDAHO 83706
~~ (208) 336-7390
•e• ° ~' FAX (208) 336-7391
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ROYLANCE AND ASSOCIATES PA
Engineers Surveyors Landplanners
4619 Emerald Suite D-2 Bolse Idaho 83706 (208) 336-7390
DUANE BUCKERT
NOVEMBER 24, 1994
PN 9306-1426
EASEMENT EXHIBIT "B"
~~~~~
REVISED
EXHIBIT C
ADDITIONAL EASEMENT LANGUAGE FOR THE
DUANE E. AND WANDA L. BUCKERT EASEMENT AGREEMENT
(a) One 8 inch diameter sewer service line opening in a manhole base will be provided at no cost to the
property owner. This sewer line manhole opening will allow future sewer connection for the property
owner into the Five Mile Creek Trunk Sewer Line. Selection of which manhole location to be designed
for the sewer service line opening will be determined by the property owner with confirmation by the City
Engineer's office. To expedite design of this sewer service line manhole opening, the property owner
needs to select the preferred manhole location within ten (10) days after signing this easement agreement.
The 8 inch sewer service manhole opening will be plugged in the manhole. A drawing will be provided
to the property owner showing the field location and. appropriate elevation of the sewer service manhole
opening.
(b) During construction of the Five Mile Creek Trunk Sewer Line project, temporary fencing will be installed
to mark and isolate the construction area and prevent livestock and children from entering the active
construction zone. Temporary fencing will be a five foot high galvanized chain link fence fabric securely
mounted on steel tee-bar fence posts.
(c) During construction of the Five Mile Creek Trunk Sewer Line project, the property owners' livestock will
be allowed safe access to Five Mile Creek for stock water.
(d) During construction of the Five Mile Creek Trunk Sewer Line project, all property corners within the
construction area will be established or reestablished with appropriate survey pins and markers. A
drawing will be provided to the property owner showing field locations and appropriate dimensions of all
property pins and markers.
(e) To provide for routine sewer maintenance by the City of Meridian, the property owner must allow the City
permanent all-weather access to each manhole that is constructed on the grantor's property. Access to
each manhole that is constructed on the grantor's property must be available to the City as follows:
a. Prior to Future Development or Current Property Situation: By signing this easement agreement,
the property owner agrees to allow the City of Meridian to construct anall-weather access road
across and through the grantor's property to drive City owned sewer maintenance equipment to
access the manhole locations. City agrees to contact grantor by phone or mail to coordinate
access arrangements prior to actual use. City will take precaution to close all gates and minimize
property disturbance to livestock and farming facilities.
b. Future Pro Develo ment or Redeveio ment Situation: By signing this agreement, the
property owner agrees to incorporate permanent all-weather access to each manhole that is
constructed on the grantor's property, into any future development or redevelopment plans of the
property. As part of this agreement, the City will cooperate with the property owner to determine
workable and reasonable permanent access alternatives as part of the future development plans
for this property. And after the property is developed or redeveloped, the City shall allow the
Grantor to remove the all-weather gravel access road above the sewer line.
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,.
ExtlislT C
ADDITIONAL EASEMENT LANGUAGE FOR THE
DUANE E. AND WANDA L. BUCKERT EASEMENT AGREEMENT
PAGE TWO
(fl The City of Meridian and the property owner mutually understand and agree that permanent ail-weather
access to each manhole is absolutely required for sewer line maintenance. The City of Meridian and the
property owner mutually understand and agree that permanent all-weather access to each manhole must
be incorporated into any future redevelopment plans or subdivision design of the grantor's property.
(g) A 20 foot by 20 foot azea surrounding each manhole, within the permanent easement, will be improved
with a 10" thickness of compacted'/," (-) road mix gravel on a stable subgrade to support City owned
sewer maintenance equipment in all-weather field conditions.
(h) The property owner fully understands that sheds, buildings, fences, trees and other types of improvements
cannot be placed within the permanent easement as specified within this easement agreement. After
construction of the Five Mile Creek Trunk Sewer Line project, the Grantor's property will be returned to
its current state, design, and elevation including removal of any surface rock raised by constructing the
sewer line and the azea reseeded with pasture grass as reasonably specified by the Grantor; except as
provided in paragraph l.a. (vi) of the Easement Agreement.
(i) The City will provide a 6-inch sewer stubout for property owner, within 10 feet East of and parallel with
the westerly property line of the Buckert property. The invert of the stubout will be at elevation 2621.30.
The end of the 6-inch sewer stubout shall be plugged and marked in accordance with City of Meridian
Standards and Specifications. The end of said sewer stubout shall extend beyond any gravel access road
surface.
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