Easement Agreement with Plant, Morgan and Marilyn L. for Five Mile Creek~ ~~Y„~--
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EASEMENT AGREEMENT
. `~ I-?,,y ~f P/'') a:3o This Easement Agreement is made and entered into this Z day of January, 1995,
' ~~ ~, E `E' $Y t~e_unde~~gned Morgan Pleat and Marilyn L. Plant, husband and wife, hereafter referred to
~./.~ 4 antor" for the benefit of the City of Msridisa, a municipal corporation of the state of Idaho
~ ~ ~- - -- that mairitaips-~mailing address of 33 East Idaho, Meridian, Idaho 83642, and its successors and
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assigns (the ~~ty") and for the benefit of the Grantor and present and future owners of all or any
portion of the Five Mile Dreia 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 "Fnre Mile Drain Property" by
means of a "Sewer Line" to be constructed through the Grantor's Parcel, sIl 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 Lice Bad the
availability City sewer service to the Grantor's Parcel is a material benefit to the Gramor and
such Grantor's Parcel. (See Exhibit 'D".)
Now, therefore, in consideration of the foregoing premises and for One Dollar
and other good and vahiable consideration, the suffiaency ofwhich is hereby acknowledged by
the Grantor, the Grantor, for his heirs, successors and assigns, hereby grants the eas~aents
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 Sewer Line Easement, The Bearer Line Easement hereby granted
consists of the permanent wad perpetual rights to excavate, grade and bacldill for the installation,
repair, mairnenance, alteration, support, lowering or raising o~ and to install, repair, maintain,
17 y s~~ ~~`alter, support, lower r ' e, and utilize the Sewer Line in, into, upon, over, across, and under a
-.~ ~, ~: %~~1~~ strip of lands ~~feat on each aide of the center line described by Exlabit B attached
hereto and incorporated by this reference; additionally, Grantor grants to the City theright 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 fiutherance 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
sad fills for such grading into, on and along such strip ae the City shall
deem necessary;
Easement Agreement -1
010795:11SSlmetJ50524-Final
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(ii) upon completion of the trunk line across the Gramor's Parcel 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; arty access other
than through the easement will be by permission only and must be
obtained prior to access. Grantor shall not unreasonably withhold
permission;
(iii) the right from time to time to trim and to cut down and clear away
arty 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, maintair~ 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. The Grantor shall have the right to remove
the gravel as his property is developed; acid
(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 l . a.
The Grantor further understands aad 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 [:enatruction Easement. The Construction Easement hereby granted
consists of the rights 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
incidemal 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 step of land fifty (50) feet on each side of the
Tseamant Agreement - 2
010795:1155finetJ50524-Final
center line described by Exhibit C attached hereto and incorporated by this reference. The
Construction Easement shall expire when the construction contract terminates.
c. Exercise of Rights _thsough Third Persons. The Gramor 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 installation, repair, maimenance,
alteration, support, lowering or raising of, and to install, repair, maintain, alter, support, and
lower or raise the Sewer Line sad related service road.
2. Grantor's Title and Autho 't^.
The Grantor hereby covenants, represents and warrants to the City that such
Grantor has fee title to such Grantor's Parcel and full power and authority to grant the Sewer
Line Easement and the Construction Easement.
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. r .This Agreement represents the entire
agreement between the Grantor sad the City covering the subject-matter hereof, replacing and
superseding aU prior and other comemporaneous discussions, represernations, understandings
and agreements. This Agreement shall not bo modified except by a written instrument executed
by the party or parties to be bound. (See Exhibit D.)
d. Qther Uses wit 'n 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 easemerns hereby grained; 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, further, the Grantor's covenant not to build, erect or construct within
the Construction Easemern shall cease when the Construction Easement expires.
Easement Agreement - 3
010795:1155/met/SOS24-Final
e. ~nsideration for Di inution in Value. The Grantor agrees that the
consideration recited herein is for the rights granted and includes as well #{:ll compensation for
any damage or diminution in value of the Gramor's Parcel. (See Exhibit "D".)
f. r .Unless the context specifically requires otherwise,
the singular 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• ,~oecial Provisions, In addition to the foregoing, this Easement Agreement
incorporates those special provisions set forth in Exhibit D attached hereto and incorporated by
this reference.
h. 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 aad 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:
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By William G. Berg, Jr., ty erk
Easement A~reoment - 4
010795: I 1 SS/met/50524-FLtal
STATE OF IDAHO )
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County of Ada )
On this ~ day of January, 1995, before me, ~ (y- ,~L~: s ~ cn, ~.
personally appeared Morgan Plant, known or identified to me (or ved to me on the oath of
), to be the person whose Warne 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
s~eal't~e day and year in this certificate first above written.
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STATE OF IDAHO )
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da f J 1995 before me a ~ ~ ~~ o ~''
IN WITNESS WHEREOF, I have hereunto set my hand and a$ixed my official
-° °j'~ s~ge~l~~t'~e;,day and year in this cerrtifificate first above written.
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On this y o anuary, -
personally appeared Marilyn L. Plant, known or identified to me (or proved to ma on the oa of ~
), to be the person whose name is subscribed to the within instrument,
and acknowledged to me that he executed the same.
NOT Y P LIC FOR IDAH~
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Easement Agreement - S
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STATE OF IDAHO )
ss.
County of Ada )
On this ~ day of t ~ / 1995, before me,
the undersigned, a Notary Public in and for aid State, personally appeared Grant P. Kingsford
and William G. Berg, Jr., known to ma to be the Mayor and City Clerk of the City ofMeridian,
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 o~cisi seal the
day and year in this certificate first above written.
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Easement Agzeement - 6
010795:1153/met/SOST.44-Fjas1
Exhibit A: Depiction of Five Mile Drain Property, the Crrantor's Parcel and the Sewer Line.
Exhibit B: Center line of Sewer Line Easement.
Exhibit C: Center line of Constivction Easement.
Exhibit D: Special Provisions.
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ADDENDUM TO
MORGAN AND MARILYN L. PLANT EASEMENT AGREEMENT ~ ~ ~ ~ ~ ~~~ ~ ~' i `' ~' 3 O
FE t ~a0 _ e_~~----~
TT is hereby agreed that this addendum will reflect the changes made to Exhibits A, B, C and D o>gi Morgan and ~ ~ ~ ~= ~ T 0 F
Marilyn L. Plant Easement Agreement dated January 7, 1995. By signing below, Morgan and Marilyn L. Plant
acknowledge that the revised Exhibits attached hereto are agreed upon, will replace the previous Exhibit A, B, C
and D and will be incorporated with their original copy of the Easement Agreement dated January 7, 1995.
Grantor
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STATE OF IDAHO )
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County of Ada
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Mari i L. Pla t
City of Meridian
By Grant P. Kingsford, ay r
By William G. Berg, Jr., City erk
On this 1 C) da of A nl 1995 before me ~~t"y O' ~~ ' ""
y p ~ , ,personally appeared
Morgan Plant, 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.
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April 10, 1995
NOTARY PUB FOR IDAHO
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STATE OF IDAHO )
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County of Ada )
On this ~ day of April, 1995, before me ~ p'`'`1 ~' °~' T~ rsonall a
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Marilyn L. Plant, 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.
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NOTARY PUBL C R IDAHO
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STATE OF IDAHO )
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County of Ada )
On this ~ day of ; / , 1995, before me, the undersigned, a Notary Public in and
for said State, personally appeared Grant P. 'ngsford 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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c:\wordtext\14261sewer\plantadd.504
Apri110, 1995
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ROYLANCE AND ASSOCIATES PA
Engineers Surveyors Landplanner-s
4619 Emerald Suite D-2 Bolse Idaho 83706 (208) 336-7390
MORGAN PLANT
NOVEMBER 24, 1994
PN 9306-1426
REVISED: APRIL 4, 1995
RE~JISED
EXHIBIT A
EASEMENT EXHIBIT
EXHIBIT B AND C
' Roylance & Associates P.A. Engineers • Surveyors • i_andplanners
4619 Emerald, Suite D-2, Boise, 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
REVISED April 14, 1995
Legal Description For Morgan and Marilyn L. Plant
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 40 feet each side of the
said permanent sanitary sewer easement, 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 Comer of the Northeast 1/4 of said
Section 17, thence along the southerly line of said Northeast 1/4 South 89°-S 1'-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 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 232.41 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 to a point on the easterly line of the Morgan and Marilyn
L. Plant property as described in Warranty Deed recorded as Instrument No. 8025575, dated
May 30, 1980, said point being the POINT OF BEGINNING.
Thence continuing South 89°-55'-46" West a distance of 86.83 feet to a point.
Thence North 13°-19'-43" West a distance of 10.27 feet to the PO1NT OF TERMINUS, being on
the northerly property line as described in said Warranty Deed.
Prepared By:
c:\wordtext\142619ewer1p1ant504
ROYLANCE AND ASSOCIATES, P.A.
4619 EMERALD SUITE D-2
BOISE, IDAHO 83706 '°
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(208) 336-7390 r. ;
FAX (208) 336-7391 a
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REVISED
EXHIBIT D TO
MORGAN PLANT EASEMENT AGREEMENT
(a) At a future time when a sanitary sewer line is constructed in the length of Locust Grove
Road fronting the Grantor's or his successors, heirs or assigns property, one 8-inch
diameter sewer service line will be stubbed, at no cost to the Grantor, from a manhole in
Locust Grove Road, as selected by the Grantor, or his successors, heirs or assigns, ten
(10) feet into the property. This sewer service stub line will be capped and the end point
will be marked with a 2" x 4" wooden post, vertically buried at the end of the stub to
ground surface with wire wrapped around it for metal detection. Within ninety (90) days
after completion of the sewer. service stub line, the City will furnish to the Grantor a more
detailed drawing showing appropriate dimensions and elevations of this sewer service stub
line.
(b) During construction of the Five Mile Creek Trunk Sewer Line project, the City will install
or cause to be installed temporary fencing to mark and isolate the construction area and to
discourage entry into the construction area. Temporary fencing will be five foot high
galvanized chain link fence fabric mounted on steel tee-bar fence posts or the equivalent.
(c) During construction of the Five Mile Creek Trunk Sewer Line project, the Grantor's
livestock will have access to Five Mile Creek for stock water.
(d) During construction of the Five Mile Creek Trunk Sewer Line project, property corners of
the Grantor's property within the Easement will be established or reestablished by the City
with appropriate survey pins and markers. A drawing will be provided to the Grantor
showing field locations and appropriate dimensions of all property pins and markers.
(e) 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 1. a. (vi) of
the Easement Agreement.
(f) That any future ground restoration required as a result of construction of the Five Mile
Creek Trunk Sewer Line project on the private property will be completed by the City of
Meridian and not at the expense of the Grantor.
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4/14/95