Loading...
Easement Agreement with Buckert, Wanda for Magic View Subdivision~E2.1 D - ~ ~` J RECQRt1EQ • REOt1E5T OF ADA CpUfdTY~{ECOR()ER ~~ J, OA,1~1l~ MAVARRO ''"~~"~', il~w~P~ FEE~DEPUTY 1999 F~4~FMIT~ AGREEMENT ?~ ~ ~ ~ ~ O cggl>1 i~ ~~ •.~t This Easement Agreement is made and entere~ into this _ day of , 1999, by the undersigned Wanda Buckert, hereafter referred to as "Grantor" f the benefit of the City of Meridian, a municipal corporation of the State of Idaho that maintains a mailing address of 200 East Carlton, Suite 100, Meridian, Idaho 83642, and its successors and assigns (the "City's and for the benefit of the Grantor and present and future owners of all or any portion of the Grantor property (hereafter described) for the following reasons: A. The City desires to construct a City utility, namely a water line through the Grantor's Parcel, as depicted by Exhibit A and as described in Exhibit B, attached hereto and incorporated by this reference. B. The Grantor recognizes that the presence of the water line and the availability of City water service to the Grantor's Parcel is a material beneP~t to the Grantor and such Grantor's Parcel. Now, therefore, in consideration of the foregoing premises 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: i. Grant of Easements: The Grantor hereby grants to the City and its successors and assigns the permanent Utility Easement and the temporary Construction Easement, each of which is more particularly described below: a. The permanent Utility Easement. The Utility 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 City utilities, particularly a domestic water line, in, into, upon, over, across, and under a strip of land on Lot 20, Amended Magic View Subdivision, being a portion of ~-`_ ' the E ~/z, Section 17, T.3N., R.1E., 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 and described on Exhibit A and Exhibit B attached hereto and ~, ~ ' ~-~ ~ incorporated by this reference; additionally, Grantor grants to the City the right c~ , ~ of permanent access, ingress and egress, to and from the easement, City utility, ~ _ '`'~ ~_ P ~:~ r'~ ~ ` ~~ Hamel the water line to erform the acts stated in this Easement A regiment. Y p g u~- ~e,~ ~ ~ In furtherance of the foregoing, the Utility Easement includes, but is not limited ~'~ ~-~=~ ~ ~ to, as well as the following - ~ ~ ~ ~ m (i) the right to grade the strip of land described above and to extend cuts d fill an s for such grading into, on and along such strip as the City shall deem ~f1 '"--r--~' ~ ` 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 City utility; EASEMENT AGREEMENT - 950904 Page 1 (ii) upon completion of construction of the city utility, namely water 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 utility, namely water 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 row or hereafter on said strip of land or that may be a hazard to the utility or interfere with the exercise of the City's rights hereunder; (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 utility by suitable markers set in the ground; (vi) shall have the right to access the permanent easement and the utility and to maintain and repair the utility, either before or after the development of Grantor's parcel. The City shall have reasonable access to the utility 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 utility therein, 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 City utility, including but not limited to surveying, excavation, installation, repair, maintenance, alteration, support, lowering or raising, and inspection or testing of the utility, and related incidental excavation, grading, roadwork and the like necessary or advisable to complete construction of, and to place in operation, the utility 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 on Lot 20, Amended Magic View Subdivision, being a portion of the E ~/z, Section 17, T.3N., R.1E., 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 and described on Exhibit "A"and Exhibit "B". Since the construction easement is twenty (20) feet and the permanent easement is twenty (20) feet, the City shall have forty (40) feet within which to perform construction. The Construction Easement shall expire when the construction contract terminates. EASEMENT AGREEMENT - 950904 Page 2 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 Utility 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 utility, namely water line. 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, shown and described in Exhibit "A"and Exhibit "B"and full power and authority to grant the Utility Easement and the Construction Easement. General Terms and Interpretation a. Existence and Course of Water Line. The description of the proposed Water Line is not a promise by the City to build such a utility. 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. d. C+ther Uses Within the Easements. The Grantor reserves the right to use the land within either easement (the Construction Easement and the Utility Easement) for any use, including paving for use as a road or parking area, 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 utility, namely water 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. Additional Agreements. The City agrees to the following: Any damage to the existing fence will be repaired to a condition at least as good as existed prior to construction, the dwelling on this property will be reasonably accessible at all times, the existing soil berm will be removed to a height of approximately one foot above the natural land surface and all excess soils placed on the north side of Five Mile Creek on Grantor's property, a six (6) inch water service line, with a fire hydrant, will be installed near the southeast corner of the property, and any EASEMENT AGREEMENT - 950904 Page 3 existing property survey pegs disturbed during construction will be replaced. As apart of this agreement, the City has made arrangements for an eight (8) inch sewer service to be installed at manhole number A.2 and the service to be extended at least to the edge of the permanent sewer easement. f. 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. g. 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. h. Bindin4. 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. Grantor: ATTEST: ~~~~t41Al+lli8i}~,G. Berg, Jr., _ z a~.l.t "' 9~~~ h~, ~ EASEMENT AGREEMENT-950904 ~'~~gQ~ `'T 1`~t' ~~"~,*°~`~ Page4 ~~~r~~tiass c~yatist~~~ City of Meridian: (~c~(~ ~o ~-- STATE OF I~PFO ) ss. County. of A~der ) ~~ On this ~ • day of ~ tJ.~f1S2~ 1999, before me, personally appeared ~ e ,known or identifi 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. SA(~1f Ml~i WWSER Nodr~r ~ ~ ~ ~r0oiri~""~'~'~D0Q otary Publi , S to of I~a.ba (~~~CV~- SEAL Residing a a-•Q._ My commission expires: 3-~~~©~ STATE OF IDAHO ) ss. County of Ada ) On this ~ day of !~ 1999, before me, personally appeared ~ t i ~ ~ -~.. '~ . ,known or identified to me (or proved to me on the oath o ), 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. .~~~....,.u..,•~ ~.~~ •~' ~~' State of Idaho • ~OTq.iQ Not y Public, o ,~F~LY i Residing at '- *• .*. '; 1'UBLZG •.~ My commission expires: I [7D2 '•. ~' '•. ., ~p .• ~'•?'E OF 19 ;;•~• EASEMENT AGREEMENT - Page 5 ` I I ~ I CENTER 1/4 COR SEC. ' EXH i B I T "A" I 17, NW COR LOT 20 OWNER OF RECORD 20' PERMANENT SANITARY LOT 20 -WANDA L. BUCKERT SEWER EASEMENT I INST#96008004 I I I I ~; 20 ~I I N ~ I 20 TEMPORARY ~ I I CONSTRUCTION EASEMENT i I ~ ~` ~ ~y 3 _ " =- - ---:=~ _ ~ _ ~ _C~_WELLS CIRCLE _ N v I ~ I 20' PERMANENT ~ o i ' ~ I I UTILITY EASEMENT ~ I PUBLIC R/W ~ I J ~ ~ ~ I ' I ' I ~ ~ ~ '" 19 II I ' , ~ / ~I ~ ~ ,~ ~ ,, a~ / EE ~, I ~ P S R ~ I , /NC / I ' /' I ~ I , / ~" REV. N0. DESC. BY: CK'D: CITY OF MERIDIAN DRAWN BY: L.H.K. DATE: 5/11 /9 PROJECT: 1999 WATERLINE PROJECT CK'D BY: R.M.H. SCAI E:1"=100 WANDA L. BUCKERT PROPERTY .. TEMP CONSTR UCTION & PERMANENT UTILITY EASEMENT APPROVED : LEGAL: A PORTION OF LOT 20, AMENDED MAgC VIEW SUB, EAST 1 /2 OF SECT DRANANG N0. CITY ENGINEER DATE 17, T.3N., R.tE., B.M. SHEET 1 OF 1 - , l ~~.u.B~ Engineers Surveyors Planners Project:, 11510-06 Date: May 13, 1999 EXHIBIT 'B' 20-FOOT PERMANENT UTILITY EASEMENT A 20-foot permanent utility easement which is described as follows: The Southerly 20 feet of Lot 20 of the amended Magic View Subdivision as recorded in Book 52 of Plats at page 4445 at the Ada County Recorder's Office, Boise Office. Said easement contains 0.08 acres, more or less. TOGETHER WITH: 20-FOOT TEMPORARY CONSTRUCTION EASEMENT A 20-foot temporary construction easement which is described as follows: The Northerly 20 feet of the Southerly 40 feet of Lot 20 of the amended Magic View Subdivision as recorded in Book 52 of Plats at page 4445 at the Ada County Recorder's office, Boise, Idaho. Said easement contains 0.07 acres, more or less. END OF DESCRIPTION See attached Exhibit 'A'. Prepared by: J-U-B ENGINEERS, Inc. ~c~~~GISTEA~oG,9G 0 5//3/99 a g 2~ 51 e `9~~9p~ aF ,pP~Q,~"~v ~cE H. KO LHK:Ihc Lawrence H. Koerner, P.L.S. f: \projects\11510\admin\easementl.doc 11 ~~ «~