Sanitary Sewer Easement with Howell Murdoch Development Corp for White Drain Sewer~+OA CttUNTY R£CORCER
,~. tl~wf~ ~dAVARRO
n` '~~~.. ~~r,~.~
Zo~z .~~. 2 ~ ~~ z= ~ o
f~~OR~ OEfl - ST Of
FEE "~ DEPUTY
Q~ IQ2083z03
This Sheet has been added to the document to
accommodate recording information.
unitary Sewer Easement
~3owell-Murdoch Development Corp
SANITARY SEWER EASEMENT
This Sanitary Sewer Easement (the "Agreement") is made and entered into this g~
day of 5uv~e , 20 02, by and between Howell-Murdoch Development Corp., 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", "A-3" and "A-4" 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, 1N 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 Seivient 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 grave! 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 ail 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
Permanent Easement
Page 1 of 4
Grantors} prior to the commencement of construction. By reviewing such plans and
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 Against Permanent Improvements. Grantor(s) covenant(s) and
agree(s) that (he/she/it/they) will not in#erfere 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. Indemni Grantee agrees to defend, indemnify and hold Grantors harmless
from any and all claims, losses, suits, causes of action, judgments, casualties or
accidents, property damages, bodily injuries and the like (including any and all costs,
expenses and attorney fees incurred by Grantors) which may arise resulting from any
work relating to the installation ,maintenance, replacement or repair of the sewer pipe
and related facilities and use of the easement by Grantee, its agents, contractors,
servants, .employees or independent contractors.
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 4
10. Timely Completion. After commencement of any construction, installation,
maintenance, repairs or replacement, the Grantee- will diligently prosecute and timely
complete the work. Within 90 days, weather permitting, of completion of the work in the
easement area, Grantee shall restore the premises used therefor to a condition
comparable with that existing immediately prior to the commencement of any installation,
maintenance, repairs or replacement of the pipe or sewer facilities or use of the
easement area.
11. Future Maintenance and Repairs. Grantee shall have the right of access at all
reasonable times to repair and maintain the sewer pipe and related facilities in the future
at Grantee's sole expense. The permanent easement shall be kept by Grantors in a
condition at ail times that the Grantee through its proper offices, agents or employees
can enter upon the land without hindrance or obstruction. Grantee agrees to expediently
replace and .restore the premises to the condition the property was prior to the
undertaking of repairs, maintenance or replacement. This would include but not be
limited to replacement of paving or landscaping disturbed by the Grantee's work.
12. Structures. Grantors covenant not to construct any permanent buildings or
structures in the permanent easement area described in Exhibit A which would interfere
with the easement. Provided, however, the Grantor may construct a small pressurized
urban irrigation system pumping station on the north or south side of the easement area,
so long as said station is a minimum of 10 horizontal feet from the underground sewer
pipe.
13. Surface Improvements. Grantors may construct, micro-paths, fencing parallel to
and along the easement line, curbs, gutters, sidewalks, berms, lawns, -open space,
landscaping and the like in any easement area. Trees are specifically excluded within
10 feet of the sewer line.
Permanent Easement Page 3 of 4
fN WITNESS WHEREOF, the undersigned have caused this Easement to be
executed the day, month and year set forth above.
CITY of Meridian GRANTORS:
By ~ By~ ~ ~
Gary Smi P.E., Public Works Director
Printed: IC~~, ., La I~o~.,. l
,,, ~ ~ ~ ~ ~ ~,ER/p~~'~.,~ Date: 3 -- (~ - o Z
By: ~ ~ ~ '%
Corrie~Nlayor _~ ~G° TFO ~ ~~; Social Security Number:
ATTEST:
Us;-~,~.r.,, G.aa~,
Title: C ; +y C l e. ~ 1C
City Council Approval
STATE OF IDAHO }
ss.
County of Ada )
By. -
'`~'~M~O ~~` Printed:
Y, .
'~ ,,~~~`~ Date:
ii
On this ~~h day of ~'~'I 20 OZ before me,
osg ~, 1/~w~S~ a Notary Public in and for the State of Idaho,
personally appeared I~~`fi d q. FbW~.I- ,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.
4~~~~q~ gp
~~ 6~' A
~-°~T~t Notary Public for Idaho
~. +~~' * Residing at I aho
PC1~~~G My commission expires
~;1',, ~
a` ~ *~;!~
Permanent Easement Page 4 of 4
LEGAL DESCRIPTION FOR PERMANENT SEWER EASEMENT
PARCEL # SO436438554 AND SO436417200
OWNED BY HOWELL-MURDOCH DEVELOPMENT CORP., INC.
This permanent sanitary sewer easement is situated within the N1/2 of the SE1/4 of Section
36, Township 4 North, Range 1 West, Boise Meridian, Ada County, State of Idaho.
Being a strip of land 40 feet in width being 20 feet right and 20 feet left of the following
described line:
Beginning at a brass cap marking the Northeast corner of the SE1/4 of Section 36,
Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho;
Thence along the northerly line of said SE1/4 of Section 36 N89°08'35"W, a distance
2680.36 feet to the NW corner of said SEl/4 ;thence along the Westerly line of said
SE1/4, S00°28'32"W, a distance of 30.51 feet to the POINT OF BEGINNING.
Thence S89°09'15"E, a distance of 119.96 feet to a point;
Whence S00°28'52"W, a distance of 124.52 feet to a point;
Thence S89°08'35"E, a distance of 621.83 feet to a point;
Thence S72°27'28"E, a distance of 180.16 feet to a point;
Thence N00°23'51"E, a distance of 206.73 feet to a point;
Thence S00°23'51"W, a distance of 206.73 feet to a point;
Thence S89°14'08"E, a distance of 343.77 feet to a point;
Thence N70°04'24"E, a distance of 144.74 feet to a point;
Thence S89°08'35"E, a distance of 364.67 feet to a point;
Thence N00°51'25"E, a distance of 154.82 feet to.a point;
Thence S00°51'25"W, a distance of 154.82 feet to a point;
Thence S00°51'25"W, a distance of 326.99 feet to a point;
Thence S38°09'20"E, a distance of 111.32 feet to a point;
Thence N51°50'40"E, a distance of 276.54 feet to a point;
Thence N69°10'25"E, a distance of 131.01 feet to a point;
Thence S89°08'35"E, a distance of 514.44 feet more or less to the easterly line of said SE1/4
and the END POINT of this sewer easement description.
The easement described contains 2.69 acres more or less.
EXHIBIT A-I
0
N
N89'OS'35"W 2680.36't
~ -
~' - ~• r • • - .. SECTION LINE -'* ~ . - .. - .. - .. -
.. - .
E 1/4 COR.
.. - ..
SEC
36
,
I
I
" ~
.
L4_L_-
I
'
3 L_ _ __
_ --~ I L.9 --J
-
~'
N
co
P.0.6. I
7
~__L'---~
~ ~~ ----, I la
1
I .M
•
I
~
L1S----
~°.~ 40' PERMANENT EASEMENT ~ J ~,~~~__________
2.89 AC. I I
,,y/~ / ~ •
/~
50436438554
1 I
1
50436417200 ~?~ ~
LINE TABLE ~
I
L1 S00'28'32"W 30.51' I N
• L2 S89'09'15"E 119.96'
I L3 S00'28'S2"W 124.52'
L4 S89'OS'35"E 621.83 I
L5 572'27'28"E 180.16'
L6 N00'23'S1"E 206.73' Q
I
L7 589'14'08"E 343.77'
I
L8 N70'04'24"E 144.74'
L9 589'08'35"E 364.67'
i
L10 N00'S1'25"E 154.82'
• L11 500'51'25"W 326.99' I
L12 538'09'20°E 111.32' w
I L13 N51'50'40"E 276.54'
'
"
' ~ I Q
w • L14 N69'10
25
E 131.01 Z
o i L15 S89'08'35"E 514.44't N;
~~
w'
N I
'
I HOWELL-MURDOCH DEVELOPMENT CORP., INC. I
I Inst. #99096586 '
I
SECTION 36 T.4N., R.1W., B.M. I
SE 1/4 ~
L_..-..-..-..-..-..-..-..-..-..-----.-..-..-..-- .-..J SE COR.
!~! UST/Cf( R0,4O SEC. 36
EXHIBIT A-2
REV, N^, DESC, BY. CK'D:
CITY OF MERIDIAN PUBLIC WORKS
DRAWN BY. _ rtc DATE: !-~~~' ~ , 200 PROJECT:
cK'D BY. __~ SCALE; N.T.S. WHITE DRAIN SEWER TRUNK LINE
P
R^
ED
A
P
V
:
~~~ s~3~ Z
LEGAL: A PORTION OF SEC. ~>
DWG, No: RW,__,_,_,___
T.±N., R.~ W., B.M., ADA COUNTY,
CITY ENGINEER DATE IDAHO. SHEET 1 ^F
LEGAL DESCRIPTION FOR PERMANENT SEWER EASEMENT
PARCEL #50436438554 AND 50436417200
OWNED BY HOWELL-MURDOCH DEVELOPMENT CORP., INC.
This permanent sanitary sewer easement is situated within the N1/2 of the SE1/4 of Section
36, Township 4 North, Range 1 West, Boise Meridian, Ada County, State of Idaho.
Being a strip of land 40 feet in width being 20 feet right and 20 feet left of the following
described line:
Beginning at a brass cap marking the Northeast corner of the SE1/4 of Section 36,
Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho;
Thence along the northerly Iine of said SE1/4 of Section 36 N89°08'35"W, a distance
2b80.36 feet to the NW corner of said SE1/4 ;thence along the Westerly line of said
SEI/4, S00°28'32"W, a distance of 154.99 feet to the POINT OF BEGINNING.
Thence S89°08'35"E, a distance of 119.94 feet to a point also being the END POINT of this
sewer easement description.
The easement described contains 0.11 acres more or less.
EXHIBIT A-3
`O o
J N
. _
N89'08'35"W 2680.3
6'1
E 1 /4 COR.
. _ _ , ,
.
SECTION LINE o ~ ~ ~ ~ ~ - ~ ~ -
.• -
~ ~ ~ - ' ' ~ SEC. 36
m
J J
W L7 ~
~ I
7
. ,M
P.0.8. I o ~ 1
• iy 40' PERMANENT EASEMENT ._
289 AC. I
1
I 40' PERMANENT EASEMENT l
•
U
0.11 AC. SO436417200 L1 I
I SO436438554 LINE TABLE
Lt S00'28'32"W 30.51' I M
L2 S89'09'15"E 119.96'
I L3 S00'28'S2'W 124.52' 30' TEMPORARY EASEMENT
L4 S89'08'35'E 621.83 235 AC. I
L5 S72'27'28'E 180.18'
L6 N00'23'S1'E 208.73' ~ Q
I L7 S89'14'08'E 343.77'
I
L8 N70'04'24"E 144.74'
L9 S89'08'35'E 364.67'
i
L10 N00'S1'25'E 154.82'
L11 S00'S1'25"W 326.99' I
L12 S38'09'20'E 111.32' w•
I L13 N51 ^50'40'E 276.54'
'
"
' ~ I Q
w • L14 N89'10
E 131.01
25 z Q
' L75 S89'08'35"E 514.44'1 ~'
z I L76 S00'28'32"W 154.99' N
L17 S89'08'35"E 119.94'
N )
I HOWELL-MURDOCH DEVELOPMENT CORP., INC.
I Inst. #99096586 i
SECTION 36 T.4N., R.1W., B.M.
SE 1/4 ~
I
L_.._.._.._.._.._.._.._.._.._.._..-..-..-..-..-. ~
SE COR.
.-.
!~! UST/CK R0,40 SEC. 36
EXHIBIT A-4
REV. N^. DESC. BY. CK'D+
CITY OF MERIDIAN PUBLIC WORKS
DRAWN BY. _ Rc DATE. !-~~~ ~ , 200 PR^JECT~
cK'D BY. __~ SCALE; N.T.s. WHITE DRAIN SEWER TRUNK LINE
APPR^VED~
S~
~~~ LEGAL: A PORTION OF SEC. _~_,
DWG, No. RW.__._._.___
- T.4 N., R.? W., B.M., ADA COUNTY,
CITY ENGINEER DATE
IDAHO. SHEET 1 ^F
Meridian Citv Council Regular Meeting _ __ June 4, 2002
The regular meeting of the Meridian City Council was called to order at 6:40 P.M.,
Tuesday, June 4, 2002, by Mayor Robert D. Corrie.
Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, Cherie
McCandless and William Nary.
Others Present: Bill Nichols, Gary Smith, Brad Hawkins-Clark, Will Berg, Ken Bowers,
Shari Stiles, Tom Kuntz, and Dean Willis.
Item 1: Roll Call Attendance:
Roll Call:
X Tammy de Weerd X Bill Nary
X Cherie McCandless X Keith Bird
X Mayor Robert Corrie
Corrie: We welcome everybody here this evening. I'm sorry we got a little late start. We
were touring the new police building and it's going to be pretty nice. I don't want to be a
prisoner, but I think it's pretty nice. I will open the City Council regular meeting on
Tuesday, June the 4th, 2002, at 6: 40. Roll call, please, Mr. Berg.
Item 2: Adoption of the Agenda:
Corrie: Okay. Council we have -the second is the Adoption of the Agenda.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: We can take care of the changes with the deal that --
Corrie: Yeah. That would be --
Bird: With that, then, I move that we adopt the Agenda as noted.
Corrie: Okay. Any further corrections? Additions? Okay.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Mr. Bird, I noticed something tonight in our information, the changes in the
Findings on Heritage Commons that are on the Consent Agenda.
Meridian City Council Meeting
June 4, 2002
Page 2 of 66
Bird: Yeah. We can change that out on the Consent Agenda.
Nary: Okay. Great. I'm sorry.
Nichols: Mr. Mayor?
Corrie: Mr. Nichols.
Nichols: Mr. Mayor, one of the things that (believe -- I expect you will do, I hope you
will do would be to table Item 10 and continue Items 11 and 12 all to June 18th, but
because those items are behind the Bear Creek and the Comprehensive Plan
discussion, in all fairness to Mrs. Powell, who is here on behalf of the applicant, if it's
your pleasure to continue those items, if you could do so as part of your adoption of the
agenda, then she does not have wait around, then, for all those discussions.
Bird: The motion will change, then, if that will please everybody on the Council. Mr.
Mayor, I'll withdraw that motion and I would move that we adopt the agenda and 1'll go
through the whole thing. On the Consent Agenda we will move -- we would like to move
Items D, E, and F to 5-D, 5-E, and 5-F. Item No. 10 was the ordinance for Amberstone
zoning amendment. I'd like to table that to June 18th, 2002. And also Items No. 11 and
12, which is closed Public Hearings tabled for Amberstone Subdivision for the
annexation and zoning and the request for Preliminary Plat on Amberstone Subdivision,
also continue them to June 18th, 2002, and we would also like to continue the Item No.
6, the proposed Comprehensive Park and Recreation System and Action Plan to July
2nd, 2002.
Nary: Second.
Corrie: Okay. Any other -- motion has been made and seconded. Any other
discussion? Okay. Roll Call vote, Mr. Berg.
Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: Okay. All ayes. Motion is approved.
MOTION CARRIED: ALL AYES.
Item 3: Consent Agenda:
A. Approve minutes from May 14, 2002 City Council Workshop:
B. Approve minutes from May 15, 2002 City Council Special Meeting:
C. Development Agreement: AZ 00-019 Request for annexation and
zoning of 100.71 acres from RUT to R-4 zones for Revised Cedar