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Easement Agreement with Plant, Morgan and Marilyn L. for Five Mile Creek~ ~~Y„~-- • ~~ :;r - - 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 ~~..~. 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 .1 r (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: org Pl t ~~.G- ./ _, ~ ~~ ~~~ M L. P t City of Meridian \\\\\~~~,o~ ~ I MER~Qi ~~'''. .~~~ G~ `~GdyZPORgTFO ti ~''~~ - SEAL = :, '90 ~~T 1SZ • `, ,9 Q~ \. ~~~''~ C~UN~Y , ~q,.~`~. y Grant P. Kingsford, Mayo ~L~ By William G. Berg, Jr., ty erk Easement A~reoment - 4 010795: I 1 SS/met/50524-FLtal STATE OF IDAHO ) ss. 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. 4rf ~~ -~ I ~`' ' NO ARY P LIC 1rOR ID ~ ~ ~ Residing at My Commission Expires ~~ i ti~ STATE OF IDAHO ) ss. County of Ada ) 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. y ~`~ f°r ~_ ,~ ,. ~4 "a5. 'r ~ ''' ~ 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~ Residing at ~~ ~~ - d~ My Commission Expires ~~~~-4' ' Easement Agreement - S 01079Sr 1155/met150S24-Final 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. ~,~~.., i~tnrrh~~~i~.,. ,-;, ~ ~. ~~ ,~,~ B~ y • '~„ Y PUBLIC FOR IDAHO at t°r ~' 0~, ~Q-.... nission Expires 2 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. 95030232 C~q'~~,~ _ _. , ~, r J }~ i 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 U~ ~pRPaRq l ~ '~.' F ~ O - SEAL y pM ' ,~0 ,~.'9O~~T1g'!, .rte: rrrrrrnrn 11111~~~\ STATE OF IDAHO ) ss. County of Ada rgan 1 C/ 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. ~.~`' ~ ~ • S ''~. ~ ~y ~O~gRr * A(/ B LAG '~ ~~ ~ ~o ,~: s,,~~gTE„Ofr ,oP,,,,, c:\wordtext\ 1426\sewa\plantsdd. S 04 April 10, 1995 NOTARY PUB FOR IDAHO Residing at ~ ~~-a-~ My Commission Expires ~ d " 27 - ~~ ~~ STATE OF IDAHO ) ss. County of Ada ) On this ~ day of April, 1995, before me ~ p'`'`1 ~' °~' T~ rsonall a Pe Y PP~~ 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. ,- ~~' ~y ~ptARY r ; =* iO~a~~c ~*~ .~' ~~ ~O ; ~ ~~~~~ NOTARY PUBL C R IDAHO Residing at ~- , Sd-0~~ My Commission Expires l D - z7' f 8 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. '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. ,, ,\G,E ~~L •.• .~ ''•. .`~ ~ ~ J'am'; .,Q' 's,''J~gT `OP,~p,,: •.,,E~ OF~~,,,,~ 'UBLIC FOR IDAHO ~sion Expires ~ 08 0~ 99 c:\wordtext\14261sewer\plantadd.504 Apri110, 1995 _~ ~~~~_ . . ~ ~- ~ = ~. ~ ~ ~~ -~_ 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 '° ~`' (208) 336-7390 r. ; FAX (208) 336-7391 a ~,. . rt ` ~ ~ ~ ~,: r fir' 4V '~ , .v~ 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. c:\wordtext\1426~ewer\plant2.exd 4/14/95