Sanitary Sewer Easement with Yorgason, J. Ramon and Marilyn for White Drain SewerRECORDED-REpUEST 4
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SANITARY SEWER EASEMENT
RAMON & MA]LtILYN YORGASON
SANITARY SEWER EASEMENT
This Sanitary Sewer Easement (the "Agreement') is made and entered into this _
day of f~ vs~27 , 20 02 , by and between J. Ramon and Marilyn Yorgason, the
"Grantor(s ," and the CITY OF MERIDIAN, a body politic and corporate of the State of
Idaho, the "Grantee."
Recitals•
A. Grantor(s) own(s) the parcel of real property located in Ada County, Idaho, more
particularly described on Exhibit "A-1" & "A-2" attached hereto (the "Servient Estate").
B. Grantee desires to provide for a sanitary sewer trunk line across the Servient
Estate and adjacent properties, and in connection therewith desires to obtain an
easement to construct, install and maintain said trunk line system over and across the
Servient Estate, and on the terms and conditions hereinafter set forth, Grantor(s) (is/are)
willing to grant the same to Grantee.
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE
MUTUAL COVENANTS CONTAINED HEREIN AND OTHER GOOD AND VALUABLE
CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:
1. Grant and Use. Grantor(s) grant(s) to Grantee a perpetual easement over and
across the Servient Estate for the transportation and delivery of sewer water across the
Servient Estate, and for the construction, installation, operation, maintenance, repair and
replacement of a sanitary sewer trunk line system on the Servient Estate reasonably
necessary for such purpose (the "Easement'). The Grantee's use of the Servient Estate
is not exclusive, but other uses of the Servient Estate by Grantor(s) shall not interfere
with the Grantee's Easement and its expected uses thereof. Grantor(s) further grant(s)
to Grantee:
a. The right to grade the gravel maintenance road located within the
perpetual easement;
b. The right from time to time to trim and cut down and clear away any and
all trees and brush now or hereafter on the easement that may interfere
with the exercise of Grantees rights under this instrument;
c. The right to install, maintain and use gates in all fences that now cross or
shall hereafter cross the easement;
d. The right to mark the location of the pipeline by suitable markers set in
the ground, provided that such markers shall be placed in fences or other
locations that will not interfere with any reasonable use Grantor shall
make of the easement;
e. The right to construct future manhole(s) over and service connections to
this sewer trunk line.
2. Construction, Installation and Maintenance. At its sole cost and expense
Grantee shall construct and install the system within the Servient Estate, the
construction and installation thereof to be performed in accordance with plans and
specifications prepared by Grantee at its sole cost and expense and reviewed by
Grantor(s) prior to the commencement of construction. By reviewing such plans and
Permanent Easement Page 1 of 3
specifications Grantor(s) assume(s) no responsibility for any deficiencies or
inadequacies in the design or construction of the system, and the responsibility therefor
shall be and remain in Grantee.
After construction and installation is completed, at its sole cost and expense
Grantee shall maintain the system in good condition and repair and as required to satisfy
all requirements of applicable laws, the policies of Grantee and sound engineering
practices, and Grantee shall have access to and from and over and across the Servient
Estate for the purposes of such repair and maintenance.
If the adjoining property owned by Grantor(s) or the surface of the Servient
Estate where the system is buried is damaged as a result of the construction or use or
repair and maintenance of this Easement by Grantee, Grantee, at its sole cost and
expense, shall repair and restore the same, to the extent reasonably practicable, to the
same condition it was in prior to such damage.
3. Covenant A ainst Permanent Im rovements. Grantor(s) covenant(s) and
agree(s) that (he/she/it/they) will not interfere with Grantee's use of this Easement, or
with Grantee's ability to repair and maintain the system thereon, and hereby covenant
and agree that, except for such fencing as is reasonably required by Grantor(s) to
secure (his/her/its/their) adjoining property and the Servient Estate, (he/she/it/they) will
not construct any permanent improvements on the Servient Estate or plant any trees or
similar substantial perennial plants thereon.
4. Indemnification. Grantee shall indemnify and save and hold Grantor(s), (and
each of them,) from and against all claims, actions or judgements, for damages, injury or
death caused by or arising out of the failure or neglect of Grantee to properly construct,
install, repair or maintain the system on the Servient Estate.
5. Covenants Run with the Land. This Easement shall be a burden upon the
Servient Estate and shall run with the land.
6. Attorney's Fees and Costs. In any suit, action or appeal therefrom to enforce or
interpret this Agreement, the prevailing party shall be entitled to recover their or its costs
incurred therein, including reasonable attorney's fees.
7. Exhibits. All exhibits attached hereto and the recitals contained herein are
incorporated herein as if set forth in full herein.
8. Successors and Assigns. This Agreement, the Easement herein granted, and
the covenants and agreements herein contained shall inure to the benefit of and be
binding upon the parties hereto and their successors and assigns to the above-
described Dominant and Servient Estates, or any portion thereof.
9. Recordation. This Agreement shall be recorded in the Real Property Records of
Ada County, Idaho.
Permanent Easement Page 2 of 3
IN WITNESS WHEREOF, the undersigned have caused this Easement to be
executed the day, month and year set forth above.
CITY of Meridian
By
By:
Gary Smith, P.E., Public Works Direc~~r~
~.~`~~~y O~ M~lp~' ''~'~.
~` ~ µPORgr~~'t' f~';~ate: August 14, 2002
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Rob Corrie Mayor $EAL Social Security Number:
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ATTEST: - '~ ~~ ;;By: ~~ _
Title: ~ ~ ~~,,r` Printed: Marilyn Yorgason
trra'~a~ t~~
City Council Approval Date: ~tvgvsf 27~ 2co2
STATE OF IDAHO )
ss.
County of Ada )
Date: August 14, 2002
On this 14th day of August 2002 before me,
DeVona D . Luke a Notary Public in and for the State of Idaho,
personally appeared J . Ramon and Marilyn Yorgason , known or proved to
me to be the person(s) who executed the foregoing instrument, and acknowledged to me
that (he/she/it/they) 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.
- - -.,r
DeVONA D, Ll.1KE
NOTARY PUD'Li~
STATE OF IDAHO
Notary Public for Idaho
Residing at Boise ,Idaho
My commission expires 0 8/ 2 7/ 0 5
Permanent Easement Page 3 of 3
LEGAL DESCRIPTION FOR PERMANENT SEWER EASEMENT
PARCEL # SO436233850
OWNED BY J. RAMON AND MARILYN YORGASON
This permanent sanitary sewer easement is situated within the S1 /2 of the NW1 /4 of Section
36, Township 4 North, Range 1 West, Boise Meridian, Ada County, State of Idaho.
Being a sixteen foot strip of land more particularly described as follows:
Beginning at a brass cap marking the Southwest corner of the NW1/4 of Section 36,
Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho;
Thence along the southerly line of said NW1 /4 of Section 36 East, a distance 2008.50 feet
to the POINT OF BEGINNING.
Thence leaving said southerly line North, a distance of 16.00 feet;
Thence East, a distance of 166.10 feet parallel with said southerly line of the NWl/4 of
Section 36;
Thence South, a distance of 16.00 feet to the southerly line of said NW1/4 of Section 36;
Thence along said southerly line West, a distance of 166.10 feet to the POINT OF
BEGINNING.
The easement described contains 0.06 acres more or less.
EXHIBIT A-1
N W 1 /4 COR.
SEC. 36 ~ N 1 /4 COR.
SEC. 36
SECTION 36 T.4N., R.1W., B.M. ~ .
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J. RAMON AND MARILYN YORGASON
• Inst. #100082476
S1/2 ~
IRRIGATION EASEMENT
16' PERMANENT EASEMENT
0.06f AC. I .
W 1 /4 COR.
SEC. 36 SECTION LINE AND SOUTH LINE OF PARCEL 166.10'
~ C 1 /4 COR.
SEC. 36
P.0.8.
REV. NO. DESC. BY: CK'D:
CITY OF MERIDIAN PUBLIC WORKS
DRAWN BY: _ Rc DATE: AucusT _2 , 200? PROJECT:
cK'DBY: __RE SCALE: N.T.s. 1999 "NO-NAME" SEWER TRUNK
APPROVED:
LEGAL: A PORTION OF SEC. ~ , DWG. No: RW
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ADA COUNTY .
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CITY ENGINEER DATE I DAH 0. SHEET 1 OF _ ~
CITY OF MERIDIAN
660 E. Watertower, Suite 200
Meridian, Idaho 83642
RIGHT-OF-WAY CONTRACT
LOCAL PROPERTY OWNERS
PROJECT # & DESCRIPTION City of Meridian "White Drain" Sanitary Sewer Trunk, Ten Mile Rd. to Locust Grove Rd.
PARCEL # & OWNER S0436233850. J. Ramon and Maril~gason
DATE OF OFFER
THIS RIGHT-OF-WAY CONTRACT, made this ~ day of 5, , 20x2 , between the City of Meridian,
acting by its Mayor and Council, by the City Engineer or his authorize representative, herein called "CITY" and J. Ramon and
Marilyn Yorgason herein called "GRANTOR".
WHEREAS, subject to the terms outlined below, GRANTOR agrees to deliver to the CITY a Permanent Sewer Line Easement
included herewith as Exhibit "A-1" and Exhibit "A-2".
NOW THEREFORE, the parties hereto agree as follows:
GRANTOR agrees to donate the following easements to the CITY OF MERIDIAN:
ITEM DESCRIPTION AREA (Ac).
Permanent Easement 0.06
Temporary Easement 0.00
Additional Stipulations: For Mutual Benefits.
2. This Contract shall not be binding unless and until executed by the City Engineer and the Mayor and/or their authorized
representatives. The parties have herein set out the whole of their agreement, the performance of which constitutes the entire
consideration for the granting of said easement and shall relieve the CITY of all further claims or obligations on that account
or on account of the location, grade, construction, and maintenance of the proposed sanitary sewer line.
3. Grantor will be allowed (1) stubout at specific locations to be resolved between Grantor and Keller Associates prior to
construction of this project. One 8 inch stub out at manhole A-36.
IN WITNESS WHEREOF, the parties have executed this Contract the d~y an~year first above written.
CITY 'dian Y )~ AS /
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By ~„tt~i,,~,, Bye
Robert D. Corrie, Mayor ~ \``~~~~~ OF y~ _~~i,~
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ATTEST: By: ~~~ti~i -~- "nrC~S~-,--
William G. Berg, Jr., Cit _ er ~
Title: ~~ v` ~v`~ ~' ~` / 3 Apo ~
Date: ~"~` l ~~ ~ ~~~~'~~ ~t~~,ET`d , ~P~~ocial Security Number:
Approved By Council: /Qc.+4U57~ ~7, Zaa2
08/08/02
Meridian Citv Council Regular Meeting August 27.2002
The regular meeting of the Meridian City Council was called to order at 6:30 P.M. on
Tuesday, August 27, 2002, by Mayor Robert Corrie.
Members Present: Mayor Robert Corrie, Keith Bird, Bill Nary, Cherie McCandless,
Tammy de Weerd and Bill Nichols.
Others Present: Pauline Skeggs, Stacy Kilchenmann, Shari Stiles, Steve Siddoway,
Brad Watson, Gary Smith, Ken Bowers, Mike Worley, Tom Kuntz and Will Berg.
Item 1. Roll-call Attendance:
X Tammy de Weerd X Bill Nary
X Cherie McCandless X Keith Bird
X Mayor Robert Corrie
Corrie: Welcome to the City Council Regular Meeting on Tuesday, August 27, 2002 at
6:30 P. M. I want to welcome you all here this evening. Mr. Clerk if you would give us a
roll call attendance please.
Item 2. Adoption of the Agenda:
Corrie: Council Item Number 2 is Adoption of the Agenda. I have a couple of additions
if I might. One under Finance Department, Stacy Kilchenmann. We have Number 1
Finance Report and also she would like to get a purchase policy to you for your either
acceptance or change. Then Item D, under department reports Pauline Skeggs would
like to go over the travel policy and get either your approval or change in that one. Then
Item Number 12 at the request of Council President and myself we would like to discuss
the Pre-Council format that will be Item 12. Any other additions or corrections to the
agenda?
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we adopt the agenda with the changes as noted.
McCandless: Second.
Corrie: All those in favor of the adoption of the agenda with the changes say aye.
Opposed no. All ayes, motion carried.
MOTION CARRIED: ALL AYES
Item 3. Consent Agenda:
5-A. Resolution No. 02-384: Approving Stipulation to Terminate
Legal Services:
Meridian City Council Regular Meeting
August 27, 2002
Page 2 of 39
B. School Resource Officer Agreement with Joint Meridian School
District:
C. Addendum No. 1 to South Slough Sewer Project License
Agreement with Nampa ~ Meridian Irrigation District:
D. White Drain Sewer Trunk Project - Yorgason Easement:
Corrie: Item three is the Consent Agenda.
Nary: Mr. Mayor.
Corrie: Mr. Nary.
Nary: I'd like to move Item 3-A to 5-A. We just have to substitute a different agreement
to that Item.
Corrie: Okay. Any other changes on the Consent Agenda?
Bird: So then do you want to -
De Weerd: So do you want to -
Bird: make a motion to approve it.
Nary: Yes, Yes.
Bird: With that change?
Nary: What's that?
Bird: Are you making a motion to pull that and then approve it?
Nary: Oh yes, t still want to approve it. I just simply wanted to substitute, there was one
language change that's been done, that's been added. I think everyone -
Bird: Okay your just pulling 3-A to 5-A.
Nary: Correct.
Bird: And then you want the consent agenda approved then?
Nary: Yes.
Bird: Okay I'll second that.
De Weerd: That was your motion?
Nary: Yes.
De Weerd: Okay.
Meridian City Council Regular Meeting
August 27, 2002
Page 3 of 39
Corrie: Motion has been made to approve Consent Agenda with Items A moved to 5.
Any further discussion? Excuse me, Mr. Berg can you give us roll call, please (sic).
Berg: Thanks for the motion.
Corrie: Mr. Berg can give roll call, please.
Berg: Roll Call on the motion that was made.
Roll Call vote: Nary, aye; Bird, aye; De Weerd, aye; McCandless, aye.
Corrie: Okay all ayes. Motion is carried.
MOTION CARRIED: ALL AYES
Item 4. Department Reports:
A. Finance Department -Stacy Kilchenmann
Finance Report:
2. Purchasing Policy:
Corrie: Okay Department Reports A, Financial Department Stacy Kilchenmann.
Kilchenmann: Mayor, Members of Council. I'm not going to go in detail in through the
Financial Reports. We are nearing the end of the fiscal year about to enter our last
month, and everything is on target except for the few items that we will discuss when we
do the budget amendment, which is an item later on the agenda. Are there any
particular questions on the financial statements?
Bird: I have none.
McCandless: No.
Corrie: Hearing none, no. Thank you.
Kilchenmann: Okay the next Item would be the purchasing policy, and I had sent
everyone the desk manual that had accompanied that policy previously. I put it on your
desk again cause my staff just added a couple things like emphasizing that it's the
department's responsibility that they adhere to the purchasing procedure. This actually
gives the detail of how we will make sure that each purchase actually is entered into the
purchase order system, has a purchase order number, provides tracking, reporting and
so forth. Are there any questions on this?
Bird: Mr. Mayor.
Corrie: Mr. Bird.
CITY OF MERIDIAN
PUBLIC WORKS DEPARTMENT
LETTER OF TRANSMITTAL
Date: t r- ~,~- V~
To: w ~~
From: Karie A Glenn
Dept. Specialist Supervisor
Subject: ~(..~~~~
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RECEIVEII~
Nov 2 ~ zooz
City of Meridian
City Clerk office
Enclosed are the followin
COPIES DATE ; DESCRIPTION
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These are tran
^ For your For action ^ For review ^ For your use ^ As requested
informatton spectfied below and comment
Remarks:
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Copy to: File
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660 E. Watertower, Ste. 200 Meridian, Idaho 83642 (208) 898-5500 Eax (208) 887-1297