Easement Agreement with Thomas, Ronald G. and Jamie A. for G.L. Voigt,~
EASEMENT AGREEMENT
This Easement Agreement is made and entered into this _ day of December , 1995, by the undersigned
Ronald G. Thomas and Jamie A. Thomas ,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 of all or
any portion of the Five Mile Drain Property (hereafter described) for the following reasons:
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 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:
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 the southeast quarter lying south of Interstate 84 of Section 17, T.3N., R.1 E., B.M., Ada County, Idaho,
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. S ~ ~ ~ ~ ~ 6 5
(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 ewer. Lige_gr~~r~ , ~ ~ with the exercise
of the City s rights hereunder; ,
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FIRST AMERICAN
EASEMENT AGREEMENT - 950904 ' ~~ Ji.~L ~~ ~~~ ~ ~ ~~ Page 1
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(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.
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 the southeast quarter lying south of Interstate 84 in Section 17, T.3N., R.1 E., B.M., Ada County,
Idaho, 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.
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.
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
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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.
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.
Jamie A. Thomas .
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Mayor
EASEMENT AGREEMENT - 950904 Page 3
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STATE OF IDAHO
ss.
County of Ada ,,)e
On this~~day of ~~ - 199 before me Q~ L. r/( ,personally
appeared Ronald G. Thomas and Jamie A. Thomas ,known or identified t e ( 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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STATE OF IDAHO
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County of Ada )
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On this day of ~_, ~1Ai-y y ,personally
appeared I~ob+e~' ~. ~~'~"« and William G. Berg. Jr. ,known or identified to me (or proved
to me on the oath of ), to be the person whose name ~~bscribed to the within instrument,
and acknowledged to me that }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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EASEMENT AGREEMENT - 950904 Page 4
EXHIBIT A
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20' PERMANENT SANITARY SEWER EASEMEN
NOT TO SCALE
' PORARY CONSTRUCTION EASEMENT
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OVERLAND ROAD
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SOUTH 1/4 CORNER SEC. 17
OWNERS OF RECORD
RONALD G. AND JAMIE A. THOMAS
BRIGGS ENGINEERING, INC. REVISION
SANITARY 381ISR de ~OItAItY COHSTRUG'1RON BJB~'J~NNT3
BRIGGS >rocAra~ ar r~ ~ i/~ os smc~at i7 r.~x., ais., ear. SHEET
(208)344-9700 1 0 F 1
tttt S ORaiARD, SUITE 600 DESIGN DRAFT SCALE DATE OWG.NO.
sasE. ioAfto 83703 MM RS NS 12/22/95 1 OF 1
NoNCF WGNAME 94oat6
!~ • EXHIBIT "B" •
20 FOOT SANITARY SEWER EASEMENT
55 FOOT TEMPORARY CONSTRUCTION EASEMENT
December 22, 1995
An easement being in the SE 1/4 of section 17, Township 3 North, Range 1 East, Boise
Meridian, Ada County, Idaho;
20 FOOT PERMANENT SANITARY SEWER EASEMENT
A 20 foot permanent sanitary sewer easement which .is described as follows:
The west 20 feet of that portion of the SE 1/4 of Section 17, Township 3 North, Range 1 East,
of the Boise Meridian, lying south of Interstate I-84.
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 that portion of the SE 1 /4 of Section 17, Township 3
North, Range 1 East of the Boise Meridian, lying south of Intersate I-84.
Michael E. Marks, L.S. - No. 4
940815
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REVISED
EXHIBIT C
ADDITIONAL EASEMENT LANGUAGE FOR THE
RONALD G. THOMAS AND JAMIE A. THOMAS
EASEMENT AGREEMENT
(a) One 8 inch diameter sewer service line opening in a manhole base will be provided. 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.
(c) 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.
(d) 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 Prooerty 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
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(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 will provide an 8-inch sewer stub-out for the property owner. The end of the 8-inch sewer
stub-out shall be plugged and marked in accordance with the City of Meridian Standards and
Specifications.
EASEMENT AGREEMENT - 950904
THIS INSTRUMENT
FOR RECORD BY i ~.
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AFFECTS 1_JP(?n1 THE TITLE.
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