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Easement Agreement with B&F Enterprises for G.L. Voigt~60080~3 i - .~ / (-~ EASEMENT AGREEMENT ~ `"`"~'' y/~~~`~~ '` `'~' This Easement Agreement is made and entered into this 22, day of December , 1995, by the unde igne ~'~ ~~ B & F Enterprises. an Idaho General Partnership, hereafter referred to as "Grantor" for the benefit of the CitX of Meridian, a municipal corporation of the state of Idaho that maintains a mailing address of ~ Io, ~~id`tdn,'I Idaho 83642, and its successors and assigns (the "City") and for the benefit of the Grantor and present and re owners of all or any portion of the Five Mile Drain Property (hereafter described) for the fdlt~5ivipgleasnns:•-= RECD ~~~~ ~;~ '~i~=ST i~r A. The City desires to construct a sewer line through the Grantor's Parcel, as 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 ~6c TJoc.~~fL 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: 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 being the westerly (20) feet of Lot 19, Amended Magic View Subdivision, being a portion of the E 1/2, Section 17, T.3N., R.1 E., B.M., Ada County, Idaho, and as recorded in the office of the Ada County Recorder at Book 52 at pages 445 and 446, as shown on Exhibit A 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 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; 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. (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 intertere with the exercise of the City's rights hereunder; EASEMENT AGREEMENT - 950904 Page 1 (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 in, 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. 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 being the easterly (55) feet of the westerly (75) feet of Lot 19, Amended Magic View Subdivision, being a portion of the E 1/2, Section 17, T.3N., R.1 E., B.M., Ada County, Idaho, and as recorded in the office of the Ada County Recorder at Book 52 at pages 445 and 446, as shown on Exhibit A. Since the construction easement is fifty-five (55) feet and the permanent easement is twenty (20) feet, the City shall have seventy-five (75) 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 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. 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. 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. 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. EASEMENT AGREEMENT - 950904 Page 2 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 obstructicm or either strip, or to diminish or substantially add to the ground cover over the Sewer Line, or to excav~~te 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. Gender and Number. 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. 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. Bindin .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. ``~~~~~r~rrrrrrrru~~, J~~ ~ CAF ~~ ''~~~~i ~~ ~o ~ - ''%, ®UfdTY . ~~,.. ~~~~+rriin nn~~~~~~ Dean Buffington Furman Ci eridian: t o. Ce,~:e ,Mayor By: William G. Berg, Jr., Ci le < EASEMENT AGREEMENT - 950904 Page 3 STATE OF IDAHO ) ss. County of Ada ) ~.m On this ol~day of ~a~c. • 1995, before me ~cAtt~_r.T S. L,oN6$'TR~'~ersonally appeared Dean Buffington ,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. ,_ , C Notary Public fof Ida rL`;; a" Residing at ~1°.~_ . ,. My Commission Expire r-`O1>'1. ,-.- '~ ~, ~~ ~, f ~ t~, STATE OF IDAHO ) `~ ~ ' ~ilt ill ~., ) SS. County of Ada ) ~~~~~ On this day of ~52,~ . 1995, before me ~ ~~.(2~cs S ~ ~~"~ '~'~~ ~- ~,, ~`~' ~- ,personally appeared Jim Fe~aa ,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. STATE OF IDAHO ) ss. County of Ada ) ,,,. ,,,.i` E c ~,' :; ~ -f ~`` Notary Public for Id o,. 4•. ~ ~~ ~; ~~ ~~. ,"- Residing at .lYr~ My Commission Expiresw ~~~ -~~° '~-. ~,_ i• ' ~. ~„ On this'v~t"day of'~c-r-~~~~ , 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared .art 6. Ccrr~_e and William G. Bercl 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 Chic rertifirata first ahnva writtan °°ot~n.a EASEMENT AGREEMENT - 950904 (r~~ n 2 ®~~ ~ ~o i ~! EJ m ~~ ~ G $~o ~~ i.® e~ m s~oaeoe~"°6 ota ublic for Ida o ding at Mer~d-'cn ~ `~. t,•o My Commission Expires ~1-25-2aUO Page 4 EXHIBIT A LOTS 19 & 20 OF THE AMENDED MAGIC VIEW SUBDIVISION AS RECORDED IN BOOK 52 OF PLATS AT PAGE 445, ADA COUNTY RECORDERS OFFICE CENTER 1/4 CORNER SEC. 17 REAL POINT OF BEGINNING LOT 20 I :~:~: m I :~. ~ I~ :. 20' PERMANENT SANITARY SEWER EASEMEN (INCLUDES EXISITING 10' EASEMENT) ~ ~~~~~~~~~~ ~ I I ~~~~~ z o i ' T MPORARY CONSTRUCTION EASEMENT I ~~~ I~ :~ ~ I w ~ I 10' PUBLIC UTILITIES, DRAINAGE & IRRIGATION EASEMENT ( REAL POINT OF BEGINNING LOT 19----~ ~:~: I,-^ I v / U I o , I, :: ,, I I SCALE 1 " ~ 200' ~~ ~ i 19 __- OWNERS OF RECORD LOT 20---WANDA L. BUCKERT LOT 19---B & F ENTERPRISES BRIGGS ENt~NEERu1Cr INCA SANITARY SS'IISR do TS1~OR-RY CONSTS'IJCTiON S4~ItBNT9 REVISION '1~ L~QNTB A8a IACJTID IIt ICl9 i~ dt 80 BRIGGS ~ ~>~~ >raafc van sv~oa~ SHEET (208)344-9700 IACrTID >~ rrra >e~sr i/s cr avecr~ox s7 L51f.. Ris., H.y. 1 O F 1 tttt S. ORCHARD, SUITE E00 DESIGN DRAFT SCALE OATS OWG.NO. ease, IDAHO 83705 MM RS 1=200 12/05/95 1 OF 1 ,,,a,,~ ~oWGNAME 9,,oal,s ~F~IT "B•• 20 FOOT SANITARY SEWER EASEMENT 55 FOOT TEMPORARY CONSTRUCTION EASEMENT December 7, 1995 An easement being a portion of Lot 19 of Amended Magic View Subdivision, lying in the SE 1/4 of section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; Commencing at the northwest comer of the SE 1/4 (center 1/4) of the above said Section 17 being the northwest comer of Lot 20 of the Amended Magic View Subdivision as recorded in Book 52 of Plats at page 4445 at the Ada County Recorders Office; Thence S 00°21'02" W a distance of 795.89 feet to the northwest comer of Lot 19 of said Amended Magic View Subdivision, the REAL POINT OF BEGINNING of this description; Thence S 00°21'02" W 410.13 feet along the west line to the southwest comer of said Lot 19; Thence N 74°48'19" E 20.76 feet along the south line of said Lot 19 to a paint; Thence N 00°21'02" E 404.81 feet to a point on the north line of said Lot 19; Thence N 89°17'17" W 20.00 feet to the REAL POINT OF BEGINNING of this description. This easement contains 8,149 square feet (0.187 acres), more or less. 55 FOOT TEMPORARY CONSTRUCTION EASEMENT A 55 foot temporary construction easement which is described as follows: The east 55 feet of the west 75 feet of Lot 19 of the Amended Magic mew Subdivision as recorded at the Ada County Michael E. Marks, L.S. - No. 940815 REVISED EXHIBIT C ADDITIONAL EASEMENT LANGUAGE FOR THE B & F ENTERPRISES 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 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 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. (d) During construction of the Sewer Line project, all property corners within the construction area will be established or re-established 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 an all-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. EASEMENT AGREEMENT - 950904 Page 5 Y • ., (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 feet area surrounding each manhole, within the permanent easement, will be improved with a 10" thickness of compacted 3/4" (-) 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 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. (i) The City wilt provide a 6 inch sewer stub-out for the property owner. The end of the 6-inch sewer stub-out shall be plugged and marked in accordance with the City of Meridian Standards and Specifications. EASEMENT AGREEMENT - 950904 Page 6