Easement Agreement with Buckert, Wanda L. for G.L. Voigt~. ~'. ~soasaotf
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EASEMENT AGREEMENT ~a ~ ~; ~ `. J .
This Easement Agreement is made and entered into this a,~, day of Decem er , 1995, y the u dersigne
Wanda L. Ruckert ,hereafter referred to as "Grantor" for the benefit of the City of Meridian~m~~i~co~~n <<
of the state of Idaho that maintains a mailing address of 33 East Idaho, Meridian, Idaho 8364 , an i s ces n
assigns (the "City") and for the benefit of the Grantor and present and future owners of all any portion of the Fiv
Mile Drain Property (hereafter described) for the following reasons: ~y ~,,~^"` ,y : -', Y L j~U_
7 `-
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 aae Doc~~4-n. 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 ar raise, and
utilize the Sewer Line in, into, upon, over, across, and under a strip of land being the westerly (20) feet
of Lot 20, Amended Magic Vew 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 fine;
(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 interfere 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) 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 Grantors parcel. The City shall have reasonable access
to the manhole and sewer trunk by using the existing residential driveway, except heavy equipment which
could damage the existing driveway pavement.
(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 m 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 Wori~~, 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 20, Amended Magic vew 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.
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
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_
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
obstruction or 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 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 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, C and D, and particularly those special provisions set forth in Exhibits C & D, all of which Exhibits
are attached hereto and incorporated by this reference.
indin .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 ratfied, 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:
Wanda L. Ruckert
\````\~~r~`'Q¢~~~`~~a,~~~''' City of Meridian:
~y ~'
~~~~ = t D. Mayor
9C~'ivs ~°'~M
~'~, 90,y T t '~ ' P~ •~°\ B William G. Ber ,
y g Jr., Ci le
~~~~~~~~nni nm~~`'~
Developer:
~S
BY~ De C.c~ ,tae-S
EASEMENT AGREEMENT - 950904 Page 3
STATE OF IDAHO )
ss.
County of Ada )
---._..
On this ~3 day of ~,~, 1995, before me G >A'Q,'i2~ 3i Ld 1~ S"C~'Fpersonally
appeared Wanda L. Ruckert ,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.
Notary Public for I ' o ~
Residing at
My Commission Expires~O -- 1, -4 J
STATE OF IDAHO )
ss.
County of Ada )
R~
On this 3o day ofJ 1993, before me, the undersigned, a Notary Public in and for said State,
personally appeared~obc~+ ~ . Corr: a and William G. Berg, Jr. ,known to me to be the Mayor and City
Cleric 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 ~~naex~ta,~et my hand and affixed my official seal the day and year in
this certificate first above written. ~.~~`~ P. F i? EC''•,,
~ °~F~-
~ ®~' ,q `~
as ~ A ®T ''~'b ~ 2 c
~ ~ ~ ~ `~G * ota Public,,fQr Id
esiding at !V!& ~clta~ , ~u-G.a
' =,;f!q ~~ ~.~' My Commission Expires 4- 2w -71~ o
,,'~•.PF OF 1®p.~•~.
TE OF IDAHO )
ss.
County of A )
On this _ c
personally appeared _
Meridian, Idaho, and who
the same.
executed the
1995, before me, the undersigned, a Notary Public in and for said State,
. known to me to be the Mayor and City Clerk of the City of
instrument, and acknowledged to me that the City of Meridian executed
IN WITNESS WHEREOF, I have hereunto set nd and affixed my official seal the day and year in
this certificate first above written.
Notary Public for Idaho
Residing at
My Commission Expire
EASEMENT AGREEMENT - 950904 Page 4
EXHIBIT A
LOTS 19 & 20 4F 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
I
REAL POINT OF BEGINNING LOT 20 I
Ul I~
ZO' PERMANENT SANITARY SEWER EASEMEN ~~~~~
(INCLUDES DCISITING 10' EASEMENT) ~~
vi I
W
= I
MP RARY
CONSTRUCTION EASEMENT I
I~
~ I
w_ I
~ I
10' PUBLIC UTILITIES, DRAINAGE de IRRIGATION EASE!'AENT I
REAL POINT OF BEGINNING LOT 19--~ ~::
c~n I
U I
o I
11
,~
I
I
i
i
20
SCALE 1 " ~ 200'
---- - -
19
__-
OWNERS OF RECORD
LOT 20---WANDA L. BUCKERT
LOT 19---B & F ENTERPRISES
~ ~
BRrGGS
c~e~-9~o0
litt S oRC~tARO. SUI'IL- 000
t -o,wo a~os
3ANlPaRY 9SIISR de 7~O~RLRY CON3Tli~TGTlON 3~.~lJ~9 REVISION
!~ Lt~lrld ~1lsQ 7.OCJS><D II( Ir0'!~ i>i Jt 80
~ .~mmm lruac .at- so~ir~ sH~r
r~oci~ ni ses guar s/ye ar i7 zau., ass.. aY.. 1 OF 1
oESICN oRAFr scA~ DATE owG.NO.
MM RS 1=200 12/05/95 1 OF 1 e,,~,,,,~ ~o,~,p,,,,~ 94oate I
E~iIBIT "B"
20 FOOT PERMANENT SANITARY SEWER EASEMENT
55 FOOT TEMPORARY CONSTRUCTION EASEMENT
December 7, 1995
An easement being a portion of Lot 20, 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 corner of the SE 1/4 (center 1/4 corner) of the above said
Section 17 being the northwest corner 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, the
REAL POINT OF BEGINNING of this description;
Thence S 00°21'02" W 795.89 feet along the west line to the southwest corner of said Lot
20;
Thence S 89°17'17" E 20.00 feet along the south line of said Lot 20 to a point;
Thence N 00°21'02" E 796.12 feet to a point on the north line of said Lot 20;
Thence N 89°57'16" W 20.00 feet to the REAL POINT OF BEGINNING of this description.
This easement contains 15,920 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 20 of the Amended Magic View Subdivision as
recorded at the Ada County Recorders Office.
Michael E. Marks, L.S. - No. 49
940815
REVISED
EXHIBIT C
ADDITIONAL EASEMENT LANGUAGE FOR THE
WANDA L. BUCKERT EASEMENT AGREEMENT
(a) Two 4-inch diameter sewer service lines will be provided at no cost to the property owner. These
sewer line manhole openings will allow future sewer connection for the property owner into the Sewer
Line. Selection of 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 opening, the property owner needs to select the preferred location within ten (10) days
after signing this easement agreement. The 4 inch sewer service openings will be plugged. A
drawing will be provided to the property owner showing the field location and appropriate elevation
of the sewer service opening. Sewer service connection fees for the two sewer stubs shall be
considered paid in full.
(b) 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.
(c) 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. Center manhole to be located in the area of the large shop and 3/4 road mix gravel in the
area adjacent to and between the two shops.
a. Prior to Future Development or Current Property Situation: By signing this easement agreement,
the property owner agrees to allow the City of Meridian reasonable access to the center manhole
by using the existing driveway with exception of heavy equipment which could damage the
existing pavement. The Grantor of the easement agrees to City access across and through the
grantor's property for 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.
(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.
EASEMENT AGREEMENT - 950904 Page 5
(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.
EASEMENT AGREEMENT - 950904 Page 6
EXHIBIT D
ADDITIONAL EASEMENT LANGUAGE FOR THE
WANDA L. BUCKERT EASEMENT AGREEMENT
The items listed below are the sole responsibility of the developer of Sundance Subdivision, Gary L. Voigt and
Craig Groves, or their successors.
(a) All existing topsoil to be removed from the permanent and construction easements (except the area
alongside and between both shops) and replaced after the line constructed. Any excess topsoil
created shall be left on the property in the form of a stockpile on the upper and lower lots. The owner
will make use of the extra fill material from the line construction by having it placed on the lower lot
to raise the grade level of the same.
(b) Locate the center manhole at the rear or alongside the large shop (the distance being approximately
380 feet form the south property corner to the rear of the large shop) and using 3/4 road mix around
the manhole and covering the strip alongside each shop and the area between the shops and the
asphalt.
(c) Create an open ditch drainage between the sewer line and next to the westerly property boundary
line of the upper and lower lots except for an area 30 feet beyond the rear of the large shop (south
end) to the crest of the hill located at the rear of the small shop (north end). This excepted area will
need an 8" plastic drain pipe (approximately 200 feet) to be installed.
(d) Replace the existing 6" sewer stub on the lower lot with a 4" sewer stub located in the center of the
lower lot and furnish a 4" sewer stub in the area near the small shop to serve the existing house and
shops. Since the R/V dump station will probably need to be removed or will be damaged during
construction, the contractor shall replace the same by connecting to the 4" stub that is to serve the
house. (The word furnish means (2) fee paid sewer stubs with no future connection fees involved.)
(e) Assuming that there will be some need to use the existing asphalt driveway during construction and
maintenance, care should be given not to damage the asphalt with heavy equipment. In the event
it is damaged, it shall be repaired or the property owner being reimbursed for the cost of repairs
needed.
(f) A six foot cedarboard fence currently exists along a portion of the west boundary of said parcel. The
contractor may demolish said fence and if demolished, the fence shall be replaced to the same
condition prior to construction.
(g) An existing shop is located approximately 25 feet east of the west property line. The contractor shall
use care and reasonable measures to protect the shop from any damage or disruption. In the event
the shop is damaged or is required to be moved, the contractor will be required to take what ever
measures necessary to return the structure and its surroundings to the pre-existing condition.
(h) Gary L. Voigt and Craig Groves shall pay monetary compensation to Wanda L. Ruckert for the
permanent and temporary easements and the aforementioned items in the amount of $10,000.00, to
be paid within 5 days after Meridian City Council has ratified said agreement.
EASEMENT AGREEMENT - 950904 Page 7