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Easement Agreement with Hambley, Judy A. and Bonnie J. for Five Mile Creek• ~. ; EASEMENT AGREEMENT This Easement Agreement is made and entered into this ~?, , day of January, 1995, by the undersigned Judy A. Hambley and Bonnie J. Robinson, 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 oaf 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 Pazoel" 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 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 Pazcel is a material benefit to the Grantor and such Grantor's Pazcel. Now, therefore, in consideration of the foregoing premises and for One Dollar 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 in, 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 acoess 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. c\meoffice\winword\lettera\1426\hambley 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, 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 a~f 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) wheq 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 a~f the right to perform work necessary or advisable for the construction of the Sewer Line, including but not limited to surveying, excavatioq installatioq 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 easement 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 Riehts 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 back6ll for the installatioq repair, maintenance, alteratioq support, lowering or raising of, and to install, repair, maintaiq 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. c\meoffice\winword\letters\1426\hambley eae- 2 1/19/95-Final 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, or to diminish or substantially add to the ground cever 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 Pazcel. 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 are attached hereto and incorporated by this reference. h. Bi dine. 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: c\meoffice\winword\letters\1426\hambley eas- 3 ]/19/95-Final City of Meridian STATE OF IDAHO County of Ada ) -.,`~ ~v i s:. ~. ~ ~ ~. °. e~ ~ 7~ ~f '4 ~~ ~ 8 = ~a a ss. By t P. Kingsford, Mayor ' By William G. Berg, Jr., City Cle On this ~~ day of January, 1995, before me, DAVr!) S• fC1 ~iDN ,personally appeared Judy A. Hambley, 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 first above written, .-- ~ ~ax~.at~~~,,,, ~ ~„ ~~m~ ~ ~~~ .;J .~- ~ ~. ~` .~~ ,"~" ~~ ,+ ` 4 4 C' p, k n..;~. ~, ,; ,,~ - ._ :~~ r ~` ,~ r•. t'~ a, ti, n: 4 e 1 ~ r y~~k STATE 0~~ ~ ~'` .~~~ _ tt~ia~~tsa~ ) SS. County of Ada ) On this ~ day of January, 1995, before me j~UlJ7 5. AI~LSU/~l ,personally appeared Bonnie J. Robinson, 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 certifica 'tten. ~~° ~~ r..,. ~ C jGA~ µ ~„'• Y ,~"~~S _ # J~ ~~ ~~ ~'~...: c\meoffice\winword\letten\1426\hambley ear 9 1/19/95-Final i STATE OF IDAHO ) ss. County of Ada ) On this 3! 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 ~ the day and year in this certificate first above written. 4~`~a~s~n~r,~~~ NO Y UBLIC FO IDAHO .•'.,G ~ G ''•, R sidin t ~fr 1'u~: ~~4- `~~.. ~,'N ` F C 'ssionExpires ~ !~.~ • "s "_~ a f ~~ ~ ~"~ ~ ~,, <> ~, i3 e~ c `s ~ f q ~-., p ~ ,~ , e R r:' ~ ~"~ `r ,',~ ts f~t/~1111161 N1114 c\meoffice\winword\lettere\1426\hambley eae- 5 1/19/95-Final ` _, ; , s 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\meoffice\winword\letters\1426\hambley eas- 6 1/19/95-Final EXHIBIT A w r i ... .. ~ ~ ~. ~ - .~. ..= ... "_~ ROYLANCE AND ASSOCIATES PA Engineers Surveyors Landplanners 4619 Emerald Suite D-2 Bolse Idoho 83706 (208) 336-7390 JUDY HAMBLEY BONNIE ROBINSON NOVEMBER 24, 1994 PN 9306-1426 EASEMENT EXHIBIT 0. 2 ~~ ~C JAMES GRIFFEN MAGIC ~~ JUDY HAMBLEY BONNIE ROBINSON .` ~~ SEWER LINE LOCATION AND \~ ~ OF 20' EASEMENT `~`---- ~----I------- s EK EXiiIBIT B Rojrlance & Associates P.A. Engineers • Surveyors • Landpianners 4619 Emerald, Sulte D-2, Boise, Idaho 83706 Telephone (208) 336-1390 Fax (208) 336-7391 November 17, 1994 Project No. 1426 (See Attached Map dated 11-17-94) REVISED Dece-nber 20, 1994 REVISED Ja~iuary 19, 1995 Legal Description For Judy A. Hambley and Bonnie J. Robinson 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 Nortli 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 tl~e leli., said curve having a radius of 45.00 feet, a central angle of 74°-31'-57", a chord bearing South 52°-35'-3 G" 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 73.47 feet to a point on the southerly line of the Judy A. Iiambley and Bonnie J. Robinson property as described in Warranty Deed recorded as Instrument No. 8305455, dated February 2, 1983, said point being the POINT OF BEGINNING. Thence North 63°-27'-09" West a distance of 26.70 feet to the POINT OF TERMINUS, being on the westerly property line as described in said Warranty Deed. Prepared By: c:~rr-solTice\winword1jy11\142G1-amb.doc ROYLANCE AND ASSOCIATES, P.A. 4619 EMERALD SUITE D-2 BOISE, IDAHO 83706 `~:''''''"~ (208) 336-7390 ~ ~Np FAX (208) 336-7391 ~ iS~'~R v o ~° 7p ~ 0 F ~~C,'~ 0 t11~~aS .~ - EXHIBIT C ADDITIONAL EASEMENT LANGUAGE FOR THE JUDY A. HAMBLEY AND BONNIE 1. ROBINSON 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 properly 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 properly 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 Property 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\winwotd\letters\1426\i~nbley.e~[d -1 I/26/95 EXHIBIT C ADDITIONAL EASEMENT LANGUAGE FOR TAE JUDY A. HAMBLEY AND BONNIE J. ROBINSON EASEMENT AGREEMENT PAGE TWO (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 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 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. ~ ~ ©~ «~nsoffice~w;nworauet~rs\1a26~hamnley.exa - 2 1/26/95 .. _ i', L~ - ~-: ~.. ~,... ,.t .,,v 5C'S~ .,, .~',^ 9~ ~I~ ~~ t~. tip REC~~.~_.. ~,. ~~~~ ~~ ~ ~ . ~ SI ~~ EXI~IT C ADDITIONAL EASEMENT LANGUAGE FOR THE RALPH H. AND KOLA B. MADDEN 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 inall-weather field conditions. (h) The property owner fully understands that sheds, buildings, fences, trees and other types of unprovements 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 area reseeded with pasture grass as reasonably specified by the Grantor; except as provided in paragraph l.a. (vi) of the Easement Agreement. ,, ,. c:\msoffice\winwordUetters\1426\madden.exd - 2 1/26/95 EXHIBIT C ADDITIONAL EASEMENT LANGUAGE FOR THE RALPH H. AND KOLA B. MADDEN 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 azea 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-baz 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 mazkers. 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: ]3y signing this easement agrcement, 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 Property Development or Redevelopment Situation: ]3y signing this agreement, the property owner agrees to incorporate permanent all-weather acxess 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:lmsoffice\winwad~letters\1426\waddeaexd -1 1/26/95 ,a EXHIBTT C ADDITIONAL EASEMENT LANGUAGE FOR THE RALPH H. AND NOLA B. MADDEN EASEMENT AGREEMENT PAGE TWO (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 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 any 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. ,. .v dry.. ,t ~_ ~ ~~ ~u /• ~ .T) ~ -!' 95 fl~,~t L~~ c-~ ~. FEE ~ - _- RECU,.; .. :: , ~C~' ~~ I' ~5T QF c:\msoffice\winword\letters\1426\madden.exd - 2 1/26/95