Sewer Easement Agreement with Woodbridge Community, LLC for Lots 5, 17, 18 block 6When Recorded Return to
L. Edward Miller
Givens Pursley ALP
Suite 200, Park Place
277 North Sixth Street
P.O. Box 2720
Boise, Idaho 83701
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SEWER EASEMENT AGREEMENT
(Proposed Lots 5, 17 and 18, Block 6)
This Sewer Easement Agreement (the "Agreement") is made this 29th day of September,
2000, by and between Woodbridge Community LLC, an Idaho limited liability company, whose
address is 100 North 9th Street, Suite 300, Boise, Idaho 83702 ("Woodbridge"), and the CITY OF
MERIDIAN, an Idaho municipal corporation, whose address is 33 East Idaho Avenue, Meridian,
Idaho 83642 ("Meridian"). Woodbridge and Meridian may be referred to as the "Party" or the
"Parties" as appropriate under the circumstances.
RECITALS
A. Woodbridge is the owner of that certain real property located in Meridian, Ada
County, Idaho, legally described on Exhibit A, attached hereto and incorporated herein by this
reference (the "Property"), which is a portion of a larger parcel upon which Woodbridge intends to
develop a residential subdivision to be known as Woodbridge Subdivision -Phase 1.
B. Woodbridge desires to install a sewer line (the "Sewer Line")under certain portions
of the Property.
C. Meridian desires to obtain, and Woodbridge is willing to grant, a perpetual, non-
exclusive, twenty foot (20') wide easement to maintain, replace or repair the Sewer Line on, over,
under and across that portion of the Property, as graphically depicted on Exhibit B, attached hereto
and incorporated herein by this reference and more particularly described on Exhibit C, attached
hereto and incorporated herein by this reference (the "Easement Premises").
NOW, THEREFORE, in consideration of the above recitals which are incorporated below,
the mutual covenants contained herein and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as follows:
1. GRANT OF EASEMENT. Woodbridge hereby grants to Meridian, subject to the
terms contained herein, a perpetual, non-exclusive, twenty foot (20') wide easement on, over,
under and across the Easement Premises (the "Easement"). Woodbridge hereby agrees to
provide notice to Meridian prior to granting any additional easements on, over, under or across any
portion of the Easement Premises. Meridian shall have thirty (30) days from its receipt of written
notice from Woodbridge to provide written comments to Woodbridge regarding any interference
which the additional easement may cause to the Easement granted herein.
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2. USE OF EASEMENT. The Easement shall be used for the purposes of
maintaining, repairing and replacing the Sewer Line. Meridian shall take all reasonable efforts to
provide written notice to the owners of the Easement Premises at least forty-eight (48) hours prior
to Meridian's use of the Easement for the purposes herein, except in the case of emergency
maintenance, repair or replacement. Meridian's use of the Easement shall not prevent pedestrian
access to any home located on or near the Easement Premises; however, Meridian's use of the
Easement may prevent vehicular access to such homes for a period of time not to exceed seventy-
two (72) hours.
3. EASEMENT IMPROVEMENTS AND MAINTENANCE.
3.1 The owners of the Property (individually, an "Owner" and collectively the
"Owners") shall not install, construct, remove, maintain or repair any improvements (including,
without limitation, any structure, landscaping or other similar improvements) upon the Easement
Premises, which would materially interfere with or prevent the Easement from being used for the
purposes identified in Section 2. Notwithstanding the foregoing, the Owners may install, construct,
remove, maintain or repair the following improvements: lawn, fencing, low-growing shrubs with
shallow root systems, flower or vegetable gardens and driveways. However, the Owners
understand that any improvements installed by an Owner on the Easement Premises may be
removed by Meridian in its exercise of its rights under Section 2 herein, and any repair or
replacement of such improvements shall be at such Owner's sole cost and expense.
3.2 Except as provided in Section 3.1 above, Meridian, at its sole cost and
expense, shall restore (or cause to be restored) any displacement, damage or disfigurement to the
ground, as necessary to leave the Easement Premises in a level, compacted and graded condition
following the use of the Easement by Meridian. Meridian shall not otherwise be responsible for
maintaining the Easement or repairing or replacing any improvements placed on the Easement
Premises by the Owners.
In the event Meridian fails to restore the Easement Premises to a level, compacted
and graded condition following the use of the Easement by Meridian ("Default"), Woodbridge, the
Owners or any homeowners' association governing the Property, as appropriate, after thirty (30)
days prior notice to Meridian, shall have the right to take or complete any action it deems
appropriate to cure or remedy the Default. Meridian shall reimburse Woodbridge, the Owners or
any homeowners' association governing the Property, for the reasonable value of all costs and
expenses incurred in remedying the Default.
4. COMPLIANCE WITH LAW. Meridian hereby agrees to comply in all respects with
any and all, federal, state and local statutes, law, ordinances, codes, regulations and rules and
obtain any and all permits and approvals in connection with its use of the Easement, including,
without limitation, those relating to the Clean Water Act and/or relating to Hazardous Materials, as
hereinafter defined. Meridian covenants that no Hazardous Materials shall contaminate or be
stored, released or disposed of on the Easement Premises. Meridian agrees to indemnify and hold
Woodbridge harmless from and against any and all claims, demands, damages, liens, liabilities and
expenses (including without limitation, reasonable attorneys' fees), arising directly or indirectly from
or in any way connected with the breach of the foregoing covenant. The term "Hazardous
Materials" shall mean any substance or material defined or designated as hazardous or toxic
waste, material or substance, or other similar term, by any federal, state or local environmental
statute, regulation or ordinance presently in effect or that may be promulgated in the future.
SEWER EASEMENT AGREEMENT - 2
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5. INDEMNIFICATION. Meridian will be solely liable forany and all damage to persons
or property caused by or resulting from any negligent act or omission or the willful misconduct on
the part of Meridian, its agents, officers, or employees arising out of or during Meridian's use of the
Easement. Meridian shall indemnify, defend and hold Woodbridge harmless from any and all costs
and expenses (including reasonable attorneys' fees) incurred or sustained by Woodbridge as a
result of any negligent act or omission or the willful misconduct on the part of Meridian, its agents,
officers, or employees arising out of or during Meridian's use of the Easement.
6. NOTICE. Any notice under this Agreement shall be in writing and be delivered in
person or by public or private overnight courier service (so long as such service provides written
confirmation of delivery) (including U.S. Postal Service Express Mail) or by confirmed facsimile.
Any notice given by facsimile shall be verified by electronic confirmation. All notices shall be
addressed to the Parties at the addresses contained herein or at such other addresses as the
Parties may from time to time direct in writing. With regard to notice to the Owners, notice shall
be directed to the respective Owner's address identified in the tax records for Ada County, Idaho.
Any notice shall be deemed to have been given on (a) actual delivery or refusal to accept delivery,
(b) the day of delivery to the courier, or (c) the day facsimile delivery is electronically confirmed.
If to Woodbridge: Woodbridge Community LLC
100 North 9th Street, Suite 300
Boise, Idaho 83702
Attn: Derick O'Neill
with a copy to: Givens Pursley LLP
277 North 6th Street, Suite 200
P.O. Box 2720
Boise, Idaho 83701
Attn: Ed Miller
If to Meridian: City of Meridian
33 East Idaho Avenue
Meridian, Idaho 83642
Attn: City Engineer
7. MODIFICATION. This Agreement shall not be modified unless expressly agreed
to by both Parties in writing. Provided, however, the Parties acknowledge and agree that the legal
descriptions for the Property and the Easement Premises are based upon the proposed plat for
Woodbridge Subdivision -Phase 1 ("Plat") which has not been recorded. In the event the legal
descriptions contained in the Plat and the location of the Property and/or the Easement Premises
in relation thereto are modified prior to recordation of the Plat, the Parties shall execute an
amendment to this Agreement modifying the legal description for the Property and/or the Easement
Premises to correspond with the legal descriptions contained in the Plat and file the same in the
real property records of Ada County.
8. NOT A PUBLIC DEDICATION. Nothing herein contained shall be deemed to be
a grant or dedication of any portion of the Property to the general public, it being the intention of
the Parties to this Agreement that this Agreement shall be strictly limited to and for the purposes
herein expressed.
SEWER EASEMENT AGREEMENT - 3
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9. HEADINGS. The headings of the several sections contained herein are for
convenience only and do not explain, define, limit, amplify, or aid in the interpretation, construction
or meaning of the provisions of this Agreement.
10. EXHIBITS AND RECITALS. All exhibits attached hereto and the recitals contained
herein are incorporated herein as though set forth in full herein. However, in the event of any
conflict between such exhibits and/or recitals and the text of this Agreement, the text of the
Agreement shall control.
11. TIME OF THE ESSENCE. All times provided for in this Agreement, or in any other
document executed hereunder, for the performance of any act will be strictly construed, time being
of the essence.
12. GOVERNING LAW. This Agreement shall be governed by the laws of the State of
Idaho, and be performed in the State of Idaho.
13. BINDING EFFECT. All of the easements, covenants, conditions and declarations
contained herein shall be a burden on the Easement Premises, and shall be for the benefit of
Meridian, and shall run with the land.
14. REMEDIES. In the event of a breach hereunder by any Party, the nonbreaching
Party shall have all remedies available at law or in equity, including injunctive or other equitable
relief. In any suit, action or appeal therefrom to enforce or interpret this Agreement, the prevailing
Party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees and
costs, and also including reasonable attorneys' fees and costs associated with any appeal of a
judgment. The prevailing party will be that party which was awarded judgment as a result of trial
or arbitration, or which receives a payment of money from the other party in settlement of claims
asserted by that party.
15. ASSIGNMENT. The Parties shall not assign their rights and obligations hereunder
to any third party, except with the prior written approval of the other Party.
[End of Text]
SEWER EASEMENT AGREEMENT - 4
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IN WITNESS WHEREOF, the undersigned have caused this Agreementto be executed the
day and year first above written.
WOODBRIDGE:
Woodbridge Community LLC, an Idaho limited liability company
By: O'Neill
rprises, Inc., an Idaho corporation, its Manager
By:
Derick O'Neill, President
MERIDIAN:
ATTEST:
William G. Berg, Jr., City er
CITY OF MERIDIAN, an Idaho municipal corporation
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SEWER EASEMENT AGREEMENT - 5
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STATE OF IDAHO )
ss.
County of Ada ~ )
On this ~ day of C d ~ , in the year 2000, before me, the undersigned, a Notary
Public in and for the State of Idaho, personally appeared Derick O'Neill, known or identified to me
to be the President of O'Neill Enterprises, Inc., an Idaho corporation, the corporation that executed
this instrument and the person who executed the instrument on behalf of said corporation, said
corporation known to me to be the Manager of Woodbridge Community LLC, the Idaho limited
liability company that executed the instrument and acknowledged to me that such corporation
executed the same on behalf of said limited liability company and that said limited liability company
executed it.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
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SEWER EASEMENT AGREEMENT - 6
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flug 16 00 02:31p Too~hman-Orton Engrg. Co. 208-3z3-2399
PROJECT: 98048
DATE: August 16, 2000
PAGE: ~ 1 of 2
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Leval Description of The Property
A parcel of land situated in the SW ~,~ of the NW i~ of Section 17, T.3N., R.lE., B.1~I.,
Ciry of Meridian, Ada County, Idaho, more particularly described as follows:
COitilli IENCING at the 1/a corner common to Sections 17 and I8, from which comer,
the N1/16 corner common to said Sections bears North, 1329.23 feet; thence, along the
south Iine of said NW ii ,
A) N.89°29'53"E., 48.00 feet to a line parallel with and 48.00 feet easterly of the
westerly Iine of said SW'/a of the NW i/s and the POL~1'I' OF BEGL~TNL'~"G;
thence, along said parallel line,
1} N.00°00'00"E., 693.83 feet to the beginning of a tangent curve; thence,
2) Northeasterly along said curve to the right having a radius of 20.00 feet, an arc
length of 31.19 feet, through a central angle of 89°21'27", and a chord bearing
and distance of N.44°40'44"E., 28.13 feet; thence, tangent from said curve,
3) N.89°21'27"E., 99.00 feet; thence,
4) S.00°38'33"E., 28.50 feet to a point on anon-tangent curve; thence,
5) Southwesterly along said curve to the left having a radius of 101.88 feet, an arc
lengtkl of 167.25, through a central angle of 94°03'33", and a chord bearing and
distance of 5.47°B1'47"W., 149.09 feet to a line parallel with and 58.00 feet
easterly of the westerly line of said NW 1/a; thence, taajent from said curve,
along said parallel line,
6) 5.00°00'00"W., 464.73 feet; thence,
7) N.89°29'~3'E., 134.50 feet to a point on anon-tangent curve; thence,
Sl Southeasterly along said curve to tl`le lefr having a radius of 75.00 fee:, an arc
length of 56.07 feet, through a central angle of 4?°50'00', and a chord bearira
and distance of 5.69°06'07"E., 5=1.77 feet; thence, non-tangent from said curve,
9) S.89°29'3"`V., 1U.71 tee.; thence,
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Ruh 16 00 02:32p TootF~man-Orton Engrg. Co. 208-323-2399
PROJECT: 98048
DATE: August I6, 2000
PAGE: 2 of 2
10) S.00°30'07"E., 100.00 fee; to a point on the souL`1 line of the N~V1;~ of said
Section 17; thence, alon, said south line,
11) 5.89°29'53"W., 82.83 feet to the POINT OF BEGiti~iL~G.
COIVT.~IlYri TG 0.52 Acres, more or less.
SUBJECT TO all Covenants, Rights, Right-of--Way and Easements of Record or in use.
EDIT "B" attached, and by this reference, made a pan hereof.
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Exhibit "C"
S:~.`~TT:~RY S~ti~~R E~-SEtiIE`+T
COiti~.CE~i CBYG ~ the 1/4 core: common to Sections 17 and 18 as si~ow~ on Record or' Surre! No.
1199, from ~rhich core: the N1/16 cornet coc~IIOn to said Sections be: rs North, li?9." ~ fze:; ~znce,
alonS the south line of said S~~ of tine ti-FI;;,
?) N.89°29'53°E., ~3.C0 fee: to a Ise ar-allel w~ch and 43.C0 fee: ~- .
P" e`..e:iv of tie ,FY - ,,;
iv~Il/ :; hence, along said parallel line, eves:z= lire or s...d
B) N.00°C~'C~"E., ICO.CA fee: to cite POLYP OF BEG~itiZiiG; tl-,ence, continti*tQ along said lime
1) N.QO°CO'CO"E., 20.C~ fee:; thence,
?) N.89°29'53"E., 1-."..50 fee: to a non-~Qent point on a c~~rve; thence,
~) SOULhe Sierly ~OII~ Said CLi iz to Le le;l ~2v1Ii? a raCTiILT oI %~.('fl f~~:, arj c.'C
tllr~711`h a C~acal angle OI =~°.~Q'~~', aid a C%Ord b~r:L~ u:d diSt2^ ~ 12:'°Lt! Oi >O.0% f2..,
ante o~ S.69°OS
fe.'.:. t+7e~aCe, L+Q^-~i:^~- tai uvia $cI~ ~.i:i i C', ' O / nE• ~ '~• / /
~) S.89°%9'53"5~,, 195.66 fe°t to t e POLti'T OF BLGT`i~TiG.