Easement Agreement with Cullip, Gary L. and Sandra L. for Five Mile Creek~ .~ L
~ecd 2rg1Rs
EASEMENT AGREEMENT
This Easement Agreement is made and entered into this ~ day of January, 1995, by the undersigned
Gary L. Cullip and Sandra L. Cullip, 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 Parcel" 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 aze 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 Pazcel 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 particularly 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 th, into, upon, over, across, and under a strip of land ten (10) feet on each
side 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
Pazcel 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 pazcel.
a\msof~ce\winword\lettere\1426\cullip eae- 1
1/19/95-Final
(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, maintaiq 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 oq 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 a~}er the
development of Grantor's parcel.. 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 property is developed, Grantor grants to the City the right of permanent
access to the easement, the sewer line thereiq 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 inspectioq 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, excavatioq installation, repair, maintenance, alteratioq support, lowering or raising, and
inspection or testing of the Sewer Line, and related incidental excavatioq grading, roadwork and the
like necessary or advisable to complete construction of, and to place in operatioq 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 upoq over, across, and under a strip of land sixty (60) feet on the
right side of the center line described by Exhibit B, attached hereto and incorporated by this reference,
which sixty (60) feet includes ten (10) feet of the twenty (20) .permanent easement. Since the
construction easemen# is fifty (50) feet and the permanent easement is twenty (20) feet, the City shall
have seventy (70) 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 any portion of the
Construction Work or, in connection with the permanent Sewer Line easement, to excavate, grade and
backfill for the installatioq repair, maintenance, alteratioq support, lowering or raising ~ and to
install, repair, maintain, alter, support, and lower or raise the Sewer Line and related service road.
2. Grantor's Title and Authority.
c\meoffice\winword\lettera\1426\cuilip eas- 2
1/19/95-Final
t~ntar ba~~ cav~twts rt~ecros s~nc1 wsrrainit ~ tba ~ that stlt~h t#~aaWt itas foe titla to
t~rxacar'e , dc~cribo~i in f?achitttt "A° and futi > swd sottrct~y to grant the ~at++er Lino 17,aien-etri anA
the Faurement.
9, ~. luttsi~tl~
Tbc c4~criptian of the ptcpasod ~twet L1pe is eat • promise by
ti~a 'ty to build ta-cb a scvrCr lino.
b• . 3'hc b~a~ts toad btuR~pta at this ~ shad run with
the . 't'ba Gib ~ utthtrrize~ to rooard tuts A iln tiaq t~eoords of Aie t~uaq~- idsla,
~ ~lE• 'i'tus ~ the tusth+Q „~,rpertwitt botwooa the
and dte ~tY ~ xt-matter repiicirN; and aepestediag aft prior and other
dis~tn~, ~tioas, un4erstpuptlittgti gad. ~roeme~. This Agneomont dull
»a ~ e~oaept in a writton instrutncnt e~cutod by ib~ + or partkis'to bo bound.
~ ~ads$i>f.l~t. 1t~o Gratttar res~vrs tiro ~ use the fend t~ithin sitlKr aseement
(tLG Conawa ncnt sad tic $eaer ) tl~t ~ pfe tl~t does sot imorfaro with fire !Wl
ctf tbic ~ barabyr ~antad; p:on'ided. bvtuev~. t1~e Ors~ot co~veaants. for hfweolP. till
said axdg~, :sot to buii4. exact or oanstraat ld+r+t~ure. ~~- wofl or othor
obet on etthtr strip, or to dit~nish c+r tatty add tc- tbo grogad oo-rot ova the Sourer Lino,
or cxcxwxtc witAta the bQUttds of edti~er ; p+~rided, ix. the Cirr~tor's ccwaiartt not to
bulk(, onct or cu~sentct within tlat Cbnuruaion LasanaKt ~1 ot~e wt~t the t7psWruodoa Resetaent
o, i10i~tit~1~- 't"~ Cnuntor s fire s3onsiaerat~ tacitad beeein U for
the bts gnsrtod and inciudcs to xeti iu31 e+~ for atg' daataSe to or diUralnutlon is value of
tee s Paxod.
f. ~~~~. Unioea the oor~at ~dcii~Catfy togtdtes rlao. tlto include the plural,
acrd vase, and each gander i~dudes every other Igeadct. #tr pt~lcaiar, but trot bS' way of timitutiot~
11+0 "'Ciraep~r" tnciudos,~Ofr~ty end soveri~lty ~ and person or teed a~ucy who execute this
b. .'i'lls ~roatnoat stu<tl tent be bindtna rho p tprti alt of the havo dprod and
the City Councii shalt ttiawe ssahorzxod, or tsaifi~. the ~ d t~ f~(sya and Chy Cloric.
~- ~ .the Gteatsir leas c this Ea~merst ~ to be ~ot~ed atd dotivorod on the
date t~ ~abov+e w
~; ~ r~~,
i Ls~~ta ~- ~W' ~ Grantor:
~ rt, -~ + ~
_ ,~; ~~~ t ~. _
's. ..._
q~,F,,r~'st~+~ 1tt~i~a+ittpaa!
111~11~1i+l~al•~,~.~,, ,~
is that tapactq.
g: is addttiarn b the foncgatag, this ~ ~ inoarporata i~oin >3xhibits
e1. , o-a¢ C, u`d fraztdcy-larly those ~cial pmwisioat apt is f3achibit C, sdl of wbiuh Exhibits aro
berow tart inaarpor~ed by flits reterrnc3e.
` I
~' ,. ~~ ~. ~~~ ;. ~ "~ t
~ i±
ti` `r°tU1
~. ~~~. F ~ .,. : Z ~ ~ '~
:m ~
` • / @t
~ ~ A
•
. ~~ ..
.~~'~ i1Gf9r C~ ~e
~ ~;_ ~ ~ ~~ ,, Grant P,'iiJ~t• 3viaY+~
STA''~ Cam: ~ ~~~
~..
Couety of AOu
tAis ~ / . d~lY o[ ~t-ruaory, 1493, tx~"ora ate. (%~~~- ~ appatrea QwY
L. C~Wii~,. lca~w,p ideratitiad to nro (at pr+~oti 1a ade a- the oath at . to ha tha petyon
~oaa aaa~ ~ u> tiro rvitatn ice. nad atdcaa~-~soddod to anc the ht rr-oc-uteri #bt ~,rro.
~l'.S& WFttPR~{~, i 1~~+0 luncunto ~ my baaQ and a# my otficit+i foal the day and yosr in
ibis t~c+titiatit lirtd v-tttton.
hiQrl'
Any t,.o~t'-tntt~ioat Bxpirc~t~- '~r?r'
~A~ ~ l~ ~
ss.
Cauuy of ~ ~
..this d ' ~• ~-3'. 1'~-3, bdarc sea L,IZ.~~..~~- - • p~~h' ~PPa~trad
Saadrs L. Culllp, or id~ta-ti~ad ~ ~a (as pc~rrecl ED me on the oM~ o[„~,,,_~ , to be tha parson
w~oso [mac is to t>~e wit~ala ~n~nar~, sad acicetio~~lotldad to ax tl~t !ta axscutcd ~e qnu.
~W't'IT~SS WI~,R,BCN~. l ho ra; ~ head acrd s~ZOd my a xa! the dq and yaer in
thts catit~a tart writtaa.
NO'tAlt'
ltt~idiag
rar ~
My Commission Expires ~ /U" ~1S
STATE OF IDAHO )
ss.
County of Ada )
On this ~(_ day of January, 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.
`~'~.e~~a~aasnaa®~®
~a ~~.a " ' pan
~~ ~ ~ ~ ~~,
s ~
.~ ~~
~t
~.
u
~>
R ,,
~<
. ,°; .
0
~, c~ ~ W
~'o ~~~' ~ ~ °°~°`
','~~~~E~tioGE~o°'9~,,0`
sUBLIC FOR IDAHO
~(y~~~;aN ~c~a /i.o
ssion Expires O8 /o.a /9 ~
e\msoi'fice\winword\lettera\1426\cullip eas- 5
1/19/95-Fnal
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
c\meo~ce\winword\lettere\1426\cullip eae- 6
1f19/95-Final
~ ROYLANCE AND ASSOCIATES PA
~~~..-
C ~' ~ =_ Engineers Surveyors l_andplanners
s
C ~ - = 4619 Emerald Suite D-2 Bolse Idaho 83706 (208) 336-7390
=.
--- GARY CULLIP
NOVEMBER 24, 1994
PN 9306-1426
EASEMENT EXHIBIT
EXHIBIT B
R~ylance & Associates P.A.
Engineers • Surveyors • Landplanners
4649 Emerald, Suite D-2, Boise, Idaho 83706 November 17, 1994 Telephone (208) 336-7390 Fax (208) 336-7399
Project No. 1426
(See Attached Map dated 11-17-94)
REVISED December 20, 1994
REVISED January 19, 1995
Legal Description For Gary L. and Sandra L. Cullip
Sanitary Sewer Easement in the vicinity of S-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 Comer 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 azc of a circulaz 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 riglrt-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, 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
North 42°-06'-33" West a distance of 359.50 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
232.41 feet to a point, thence North 58°-28'-03" West a distance of 136.48 feet to a point, thence
North 20°-09'-09" West a distance of 142.34 feet to a point, thence North 14°-31'-46" West a distance of
205.62 feet to a point on the southerly line of the Gary L. and Sandra L. Cullip property as described in Warranty
Deed recorded as Instrument No. 8306635, dated February 9, 1982, said point being the
POINT OF BEGINNING
Thence North 14°-31'-46" West a distance of 288.83 feet to a point,
Thence North 13°-19'-43" West a distance of 255.21 feet to a point,
Thence North 34°-17'-58" West a distance of 180.70 feet to a point,
Thence North 54°-45'-50" West a distance of 159.90 feet to a point,
Thence North 80°-13'-53" West a distance of 296.11 feet to a point,
Thence Notch 00°-00'-00"East a distance of 30.12 feet to the POINT OF TERMIlVUS, being on the '
northerly property line as described in said Warranty Deed. ~~ .
Prepared By:
c:lmsofficelwinword\jyll\1426cull.doc
ROYLANCE AND ASSOCIATES, P.A.
4619 EMERALD SUITE D-2
BOISE, IDAHO 83706
(208) 336-7390 FAX (208) 336-7391
Gr0 $. KO`~~'~'~
O t ~~
EXIiIBIT C
ADDITIONAL EASEMENT LANGUAGE FOR THE
GARY CULLIP EASEMENT AGREEMENT
(a) An 8 inch diameter sewer service line opening in three separate manhole bases will be provided to the
property owner. This sewer line manhole opening will allow future sewer connection for the property
which generally lies east of Five Mile Creek and into the Five Mile Creek Trunk Sewer Line. Selection of
which three manhole locations 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 these sewer service
line manhole openings, the property owner needs to select the three preferred manhole locations within
ten (10) days after signing this easement agreement. Each 8 inch sewer service opening will be plugged
in the manhole. A drawing will be provided to the property owner showing the field location and all
appropriate dimensions and elevations of the sewer service line opening.
(b) During construction of the Five Mile Creek Trunk Sewer Line project, temporary fencing will be installed
to mazk and isolate the construction azea and prevent livestock and children from entering the active
construction zone. Temporary fencing will be 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 azea 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 mazkers.
(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 Properiy 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,
minimise property disturbance to livestock and farming facilities.
b. Future Properiv Development or Redevelopment 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.
c:\msoffice\winwordlletters\1426\cullip.exd -1
1/26/95
4502~t~71
EXHIBIT "C"
ADDITIONAL EASEMENT LANGUAGE FOR THE
GARY CULLIP EASEMENT AGREEMENT
PAGE TWO
v
V y ~ ~ rrv t ~~1 ,
~~
~~~ ~., ~ ~
RECOF.~ ., ._-,, ST OF
(f) The City of Meridian and the property owner mutually understand and agree that permanent all-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 10" thickness of compacted'/," (-) road mix gravel on a stable subgrade to support city owned sewer
maintenance equipment in all-weather field conditions.
(h) Prior to development of the parcel, in the event of a pipe failure, break, collapse or similaz documented
problem in the area between manholes, the City will attempt to use the permanent easement to gain access
to the problem location and make necessary repairs, but in the event that access is prevented, the City may
use grantor's property to gain access. The City fully understands that after development of the property
access between manholes may not be on a gravel all-weather surface roadway. The City also understands
that land within the permanent easement which is used for repair or maintenance will be restored to the
condition prior to the repair work or maintenance between manholes.
(i) 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. A$er
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.
c:lmsofficelwinwordllettets114261cullip.exd - 2
1/26/95