Easement Agreement with Zulaica, Juan for Five Mile Creeka .
C '
EASEMENT AGREEMENT
This Easement Agreement is made and entered into this day of April, 1995, by the undersigned
Juan Zulaica, 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
wnstructed through the Grantor's Pazcel, 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 Parcel.
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 baclcfill for the installation, repair, maintenance,
gro3o d'3 3 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 ten (10) feet on each
0 ~ J Ze~f the center line described by Exhibit B attached hereto and incorporated by this reference;
di orally, Grantor grants to the City the right of permanent access, ingress and egress, to and from
e easement, sewer line and manholes, to perform the acts stated in this Easement Agreement. In
~ - - , dherance of the foregoing, the Sewer Line Easement includes, but is not limited to, as well the
following -
~CrS
(i) the right to grade the strip of land described above and to extend cuts and fills for such grading into,
,30'~ 00 ~~--~--tm~a~nd along such strip as the City shall deem necessary and the right to use the permanent easement for
9 ~J ~ ~ ~~~ ~ ~ ~ ,~coction purposes, as set forth in this Easement Agreement during the construction and placement
of a sewer line;
~ ~ t ..._..~T._. _
R c C ~ r, (ilj s fish 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 parcel.
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3a
(iii) the right from time to time to trim and to cut down and clear away a~ 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 th, 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 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 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
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 easement is fifty (SO) feet and the permanent easement is twenty (20) feet, the City shall
have seventy (70) feet within which to perform construction. The Construction Easement expiration
date will be set when a definite construction time frame is determined.
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 Parcel, 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 promise 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, onto diminish or substantially add to the ground cover over the Sewer Line,
or to excavate within the bounds of either easement; provided, further, 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 Parcel
f. Gender and Number. Unless the context specifically requires otherwise, the singulaz includes the plural,
and vice versa, and each gender includes every other gender. In particular, 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 particularly those special provisions set forth in Exhibit C, all of which Exhibits aze
attached hereto and incorporated by this reference.
h. Bindine. 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.
r
J Zulaica
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.~`~ ~'~ ~q '~, City of Meridian
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y M ~ Grant P. Kingsford, May
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'~~~rrrrr-7 rrr~ti~~~``\` By William G. Berg, Jr., City rk
STATE OF IDAHO )
ss.
County of Ada )
~~
On this ~ day of April, 1995, before me, VJa~R~O C1Q rsonally appeared Juan
Zulaica, 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 WITNE~~S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in
this certificate first a~p~pe~itteR~®~,.,s
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~, ~, ~ v ~ ~ NOTARY IC FO ID ` r~
r
Residing at ~~~' ~ J
`r,~~~~ "=~ ~ _~''~ s`,0~~ My Commission Expires r-., ~ U v"Z.
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STATE OF IDAHO )
ss.
County of Ada )
On this day of April, 1995, before me ,personally appeared ,
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 WI~REOF, I have hereunto set my hand and affixed my official seal the day and year in
this certificate first above written.
NOTARY PUBLIC FOR IDAHO
Residing at
My Commission Expires
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4f7/9rrFinai
STATE OF IDAHO ) _
ss.
County of Ada )
On this ~ day of ~ ~ ~ 1995, before me, the undersigned, a Notary Public in and for said
State, personally appeared Grant P. Kin ord 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.
~~~~,~G'E uL rII ~ I,a ~ ~y~
`,~'~~ qd;~ i N PUBLIC FOR IDAHO
pTA~ i 'gat Piia~'aK
s a l ommission Expires
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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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Engineers Surveyors Landplanners
4619 Emerald Suite D-2 Bolse Idaho 83706 (208) 336-7390
JUAN ZULAICA
NOVEMBER 24, 1994
PN 9306-1426 -
REVISED: APRIL 4, 1995
EXHIBIT A
... ...~,
EASEMENT EXHIBIT
EXHIBIT B
~, ~ ,Rc~ylance & Associates P.A. - Engineers • Surveyors • Landplanners
4619 Emerald, Sulte 0-2, t3olse, Idaho 83706 November 17, 1994 Telephone (208) 336-7390 Fax (208) 336.7391
Project No. 1426
(See Attached Map dated 11-17-94)
REVISED December 20, 1994
REVISED January 19, 1995
REVISED Apri14, 1995
Legal Description For Juan Zulaica .
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 Comer of said Northeastl/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, 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 114.42 feet more or less to the southerly line of the "Zulaica
property" said point being the POINT OF BEGINNING.
Thence continuing North 73°-13'-12" West a distance of 117.99 feet to a point,
Thence North 52°-28'-48" West a distance of 158.23 feet to a point,
Thence North 00°-17'-37" East a distance of 297.79 feet to a point,
Thence South 89°-55'-46" West a distance of 10.00 feet more or less a point on the westerly line of
the "Zulaica. property", said point being the POINT OF TERMINUS of this description.
Prepazed By:
ROYLANCE AND ASSOCIATES, P.A.
4619 EMERALD SUITE D-2
BOISE, IDAHO 83706
(208) 336-7390
FAX (208) 336-7391
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EXHIBIT C
ADDITIONAL EASEMENT LANGUAGE FOR THE
JUAN ZULAICA 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. An 8 inch blockout will be provided in sanitary sewer
manholes number 18 and 19 as shown on Sheet 6 of 13 on construction plans developed by Roylance and
Associates, P.A. and bearing an engineer's stamp dated 02/08/95. This manhole is intended to be the
manhole nearest the westerly property line of the Juan Zulaica property. A drawing has been provided to
the property owner showing the field location and approximate elevation of the sewer service manhole
opening. The property owner may also aa~ss the 18" sewer which is constructed along the property
owner's westerly boundary in compliance with the Specifications and Standard Drawings of the City of
Meridian.
(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 access to stock water. Contractor will provide storage tank or tub with stock water on outside
of fenced construction area.
(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 e~rty Development or Redevelopment Situation: 13y signing this agreement, the
property owner agrees to incorporate permanent ail-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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EDIT C
ADDITIONAL EASEMENT LANGIIAGE FOR THE
JUAN ZULAICA EASEMENT AGREEMENT
PAGE TWO
(fj 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 area 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 a~ surface rock raised by constructing the
sewer line and the area reseeded with pasture grass as reasonably specified by the Grantor, except as
provided in paragraph l.a. (vi) of the Easement Agreement.
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