Cullip, Rods
• MERIDIAN CITY COUNCIL MEETING: APRIL 16.1996
APPLICANT: ITEM NUMBER; "rs. 1 y
REQUEST; ROD CULLIP: REQUEST FOR SEWER HOOK UP
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION;
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
COMMENTS
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
AR 1 1 1e�
CITY OF N ERIDI 11
April 10, 1996
Members of City Council and Honorable Mayor,
I, Rod Cullip, would like to request to hook up to the sewer that was run through
our property at 1821 E. Franklin Rd. At that time I was informed the cost to hook up was
$1370.00 if in the city limits and double if in the county.
Due to numerous hardships that we experienced throughout the entire project from
the first day on 3/22/95 when we buried twin foals that our mare had aborted. A few days
later, the dozer came in and dug up the buried twins and tore up one half of our lusious
pasture. Our plot is six acres and this project rendered one half of our pasture useless for
going on the second year now.
The next event we experienced was on 5/26/95. Sonny, my stud colt, was running
from another horse and ran up over the newly installed road that was above the sewer to a
man hole next to Five Mile Creek, and got all hung up in the fence corner that was level
with the road. This was in the north west corner next to Franklin Rd, apparently no one
realized when you build a road to the height of the fence, the fence should be extended
above the road the same height as what it was off of the pasture! Sonny's front right
forearm was ripped open clear to the chest cavity, and his knee bone was exposed. The
Vet cut a chunk of meat the size of my fist off his forearm. Sonny ripped the stitches out
in a couple of days so we had to keep him confined to a stationary position because each
time he took a step he would suck air into his body cavity which could kill him. Twice
each day and for two months we flushed his wounds and medicated him. Then on
6/20/95, a concrete truck was brought in through our driveway next to where Sonny was
confined in between two 16 foot gates and a fence. The air brakes on the concrete truck
scared the stud, he tore up the gates and injured his hind legs trying to get away from the
concrete truck. I was not informed about any of this until the following morning, after I
had already had our vet come out and check Sonny to see why he couldn't walk. That
next morning I was told by a construction person named Rob what had happened that
previous day! Rob said he replaced the mangled gates with two new gates I had laying
next to my corrals. These two fiasco's cost me $889.78 in vet bills, medication and the
replacement of gates!
On 7/15/95, our mare, JoAnn stepped on a wood survey stake driving a four inch
chunk into her front foot. For two weeks, JoAnn had to be confined to a dry area. The
wound needed to be cleansed and wrapped and antibiotics administered twice daily. This
little episode cost us $234.70. From that point the rest of the project was a juggling act of
moving horses from one section to another. Time and time again between survey crews,
gates were left open, giving my horses access to the busy Franklin Rd which at that time
was 50 mph. I pulled in my driveway after work to find my horses about to enter Franklin
Rd! I also had to fix fences that were disturbed by the construction. The entire project
was a disaster from neighbors flooding the construction crews to where they were unable
do any work, so they would leave to another project. I personally spent weekend after
weekend including evenings trying to put my property back to its original condition. As of
now, I am still trying to complete that almost impossible task. I have recently just leveled
for irrigation, planted grass seed, and intermixed straw to protect against soil erosion. I
am installing temporary fencing to separate the disturbed ground from the sewer project to
keep our horses off until I have a pasture again like I had before the sewer project. It will
be at least another year before I will be able to let my horses graze on the one half of my
property destroyed by the sewer project. Judging by last year, this loss of pasture will
cost us an additional $1200.00 in hay expense through this year. The fencing has cost me
$451.00 which does not include the permanent fencing I installed on one side of the
reseeded pasture.
All of the expenses above total $2775.48, this does not include any of the many
months of my labor. To bring all of this to an end, I feel my request to hook up to the
sewer at no additional charge to me would be a fair exchange for all the headaches and
hardships I have endured during this project, and will continue to endure until my property
is restored to its original condition.
Sincerely Yours,
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interoffice
ME M O R A N D U M
to: Bruce Freckleton
cc: Mayor, City Council, File
from: Rick A. Clinton /C---
re:
Request to connect to City sewer By Rod Cullip.
date: April 16, 1996
I wish to offer the following information for your use in considering this application
request to connect to City sewer. The negotiations for the easement were with the
owner of record, Gary L. Cullip and Sandra L. Cullip, husband and wife. Rod Cullip
has indicated that he is now the owner of record. The recorded easement states on the
first page , item B. " Now, therefore, in consideration for the foregoing premises and
for One Dollar and for 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 ...".
The cost of the service line within the easement that Masco installed has been billed
to the City in the amount of $1020.00 as a change order and should be passed on to
the customer. I did not quote this cost to Rod Cullip when he questioned me on
hook-up fees last year as this cost had not yet been incurred by the City. I did inform
him that there would be a late comers fee in addition to the assessment, however I
stated that I was unable to quote the amount as the latecomers fee has not yet been
determined.
It should be noted that the service line has been
constructed without any inspections, testing, or
from the desk of...
permit. It is also unclear where the service line
terminates,( in the vicinity of the foundation per
Rick A. Clinton
Masco) therefore, I can not confirm whether or
Engineering TechnicianCity of Meridian
not it is currently connected to the City sewer
33 East Idaho Ave.
system.
Meridian, Idaho 83642-2600
I have requested an itemized list of the
208 881-2211
compensation that Masco states that they have
Fax: (208) 881-1291
provided to Mr. Cullip in exchange for his labor and inconvenience related to this
project.
Upon the request of Rod Cullip I recently visited the site with himself and Masco
Supervisor- Bill Smith. The nature of the visit was to try to resolve the concerns of
Mr. Cullip that he had been treated unfairly by both. the City and the Contractor. A
site inspection revealed the there was a significant amount of large river rock in the
area to be reseeded. I ask Bill why. that had not been restored and seeded. His
response was that Rod had requested some excavation equipment be left on the site
for a weekend or two, to allow Rod to regrade the property to his own satisfaction.
Bill stated that the rocks had been cleared twice, prior to Rod regrading the field with
Masco's equipment. Bill said that Masco had purchased grass seed and left it with Mr.
Cullip .Rod has indicated that he had agreed to seed the pasture for the use of the
equipment.
Bill Smith indicated that Masco had billed Mr. Cullip for the excavation cost of the
service line from the easement boundary to the termination of the line. In an attempt
to resolve Rod's discontent ,Bill stated that he would reverse the charges for the
service line construction.
Mr. Cullip did issue a complaint to me previously that the gates that were installed
on his property were inferior and that he wanted the City to purchase Powder River
Brand gates for all gravel access road crossings. The City complied with his request
and purchased the gates with the understanding that Mr. Cullip would install the new
gates himself as Masco felt that they had complied with the terms of the contract and
should not be required to duplicate the installation of the gates on Mr. Cullip's
property. Mr. Cullip also expressed to me the he was not satisfied with the
installation of the culverts as he felt that his horses might cut their feet on the sharp
culvert ends & He requested that we construct concrete headwalls. I informed him
that I was not sure that I agreed with him, but after a review of his request with Gary
Smith, I authorized Masco to pour concrete head walls on all of the culverts within
the Cullip property. This cost the City $1,155.00 @ $105.00 per culvert head wall
times eleven.
Mr. Cullip expressed to me, a frustration with the City for not concluding business in
a timely fashion. I responded by telling him that there was never any notification to
our office that he was the owner of record to indicate to me that we should be dealing
with him rather than his brother Gary Cullip. The City had sent a letter to Gary
Cullip requesting any conditions of final acceptance be noted within a designated
period of time. When the deadline expired with no response from Gary Cullip we felt
we had satisfied the land owner. I have checked with Shari Stiles and she has stated
that the information in her Arc View indicates that Gary & Sandra Cullip are still the
owners of record.
In response to Mr Cullip's letter dated April 10, 1996 , There was a temporary
construction fence specified during construction for the purpose of protecting
livestock and children from the construction area . It is not clearly defined in the
specifications when the fence should have been removed. I am unable to determine if
it was removed prior to the injuries to his horses.
ke Cd 212 r
EASEMENT AGREEMENT
This Easement Agreement is made and entered into this IV day of January, 1995, by the undersigned
Gary L. Cullip and Sandra L. CulIip, husband and wife, 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 (hereinafter described) for the following reasons:
A The City desires to provide sewer service to the "Grantor's Parcel" and other property in the
vicinity referred to in this Agreement as the "Five Mile Drain Property" by means of a "Sewer Line" to be
constructed through the Grantor's Parcel, all of which are generally 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 particula* 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 ten (10) feet on each
side of the center line described by Exhibit B 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.
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(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 Sewer Line 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 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.
(viii) the Gnmtor further understands and agrees that the Nampa -Meridian Irrigation District shall be
authorized to use any road or access described above, for its inspection, repair or maintenance of the
Five Mile Drain.
b. 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, e.=vation, 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 sixty (60) feet on the
right side of the center line described by Exhibit B, attached hereto and incorporated by this reference,
which sixty (60) feet includes ten (10) feet of the twenty (20) permanent easement. Since the
construction easement is fifty (50) feet and the permanent easement is twenty (20) feet, the City shall
have seventy (70) 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.
c\msoffice\winword\letters\1425\cuMp eao. 2
lA9/95-Final
9. .
Tice; Gr mor hereby exr►°et an% repmwots and warrants to the City that Pub Orantor has foe title to
Gra.tk4e& IOW, dotertbed in Exhibit "A' and full power and sotbocky to grant the Saver Lino PAwment and
tta Cotsurodoa Easetarnc
a_ e4iJUDO SW COM pf 5g= Lido. The description of ft proposed Sewer Line is not a promise by
the City to build such a sma lino.
b. j, The b=eAa w d but*cu of this apeetaast shall run with
the sled. The City is authorfzcd wto
rard dtis Agroexaexd is t rs+oardt of Ada County, Idaho.
9 EWre lsstrecet>e a Moditicatioac. Mds ABrekcrd reprimm the catift aSroeratetst between the
Ciraium wW the City oavrring 0& n bject-maner hereof, mpI=gS and superseding all prior and other
coujoiMmanoetos discusaioat, esentations, understate tV ad agroomeata. This Agreement shall
M be moddk4 exmt:pt by a wimm Instrument pcautcd by tbt party or panics to be bound.
ei . 'lite Gnaw ream= ft rW to use the land within either etantnent
(0411 ConsinKlion Easxxnettt and the Saw P.aseoad) foo atq We that does not imorfam with the t1t11
eat of the tasetnents hereby Eraaoad; pmidod, bmvW. the Grantor oovesents, for himself, his
sttc4cssetrs and assigns, not to build, erect or eo nstnodI say structure, icopr+avotnont, well or other
sari nm3ion on ahher strip, or to diminisb cc asbmattially add is rho ground ex M am the Sewer Line,
ar'W *=%%tr Fithin the bounds of eitW easettaetu; provided, htWW, the Grantor's oovetsaat not to
buitgl, crcct or cots= mitldn the C uuutxion halal m a'ttali stress whits tine C,onctruction Easement
erapi�
i
c The Grantor apvcs am the aoasideraiiost recited heroin U for
tin OOU gYantod and indudes as xztt fail compensation for wV danuse: to or t>itaiaution in value of
tLa tirantoes Pavel.
f. Q om . Unless ibe cow,cA gmjacatiy mqWtea a(Mm•ise, the slttgstlar includes the plural,
and viae versa, and tech gender includes every other gea0et. In pwtkvlu, but M by way of limitation,
W tpm -Grantor" tneludes jaintay and severally each and VMW perwn or legal exstity who executes this
Aggsnsant is that capacity.
g. HncdAl Emajilou In addition to the foregoing, this Easamerrt Agreement inoorporatess herein Exhibits
A. lq, and C. and particularly throe rpC W provisim suet forib in ilxhibit C, all of which Exhibits aro
atau bbd herxo =W incorpormed by this eefercnoe.
b.
MOOM TWs agmment stmtl trot be binding apart tho partior WWI all of rho plaits have signed and
ON t icddisn City Council shall have audwrixed, or rati6ad, the %4;A aura Of the Adayox and City Cieuk
In wits= w*=of, the Grantor tsar tatted this Easement Agrocment ID be duly examded and deliverod on the
dwe Am .abwm -Avineri.
Flail Grantu:
w T A n /1
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i Glary L. G'sllli
a�arn�ik�C*rt�o`aord�iiw�tl24�a�ht�w- 3
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Sandra L. Cullip
City of Meridian
.�O
By William G. Bag, Jr., City Cl"
MIT. (R
CMMY of Ado
O# this day of January. IM'b*ct me, I• PMOWIY MMM Gary
L. CWlip. kwwu or idenji—W-to me (or pmod 10 me an the oath of to be the person
%t*ft M -M U Aft6ibcd to the within juuumco. No Wkwwl Ow um.
WSW to nke that he ta �
Iii WnW-SS WMW(W. I bave, ba=to ut M hWand ' a
this cminwt first written. ffixed myoMcW smi the day and year in
�l., tet" �� /� � ��, _.
MUI
7,V
STAW OF ID Al Id
CMIU), CZ Ads
Of JanUAIY, M5. before sty 9 t`/q PCrWed
•ly appm
Saftdrc L CCollip,k�O" osWMM;d 90 = (of pmvd to vc an the oath of Mto be the person
Wh= nates is RbOlbW to thg within WMnMbCdt, MW Kimwkdpd
to we *At be wwcuW the fano.
Ihi VVrrMSS VAFWAUMF. I JIM hercuM ad my baW Md Mud nV GO49 MW the day W year In
WS ce"dimft tiro ibo%v written.
i�6iw
Reuding
4
My Commission Expires /"/ y .. 9 J
STATE OF IDAHO )
) ss.
County of Ada )
On this 3L day of January, 1995, before me, the undersigned, a Notary Public in and for said State,
personally appeared Grant P. Kingsford and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City
of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian 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. •. /
c\msof6ce\winword\letters\1426\cuUip eas- 5
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)TARP UBLIC.FOR IDAHO
sidin at �77 r ed, a ., -"da Ao
mmission Expires Oft /oz /9 y
I If
Exhibit A: Depiction of Five Mile Drain Property, the Grantor's Parcel and the Sewer Line
Exhibit B: Center line of Sewer Line Easement
Exhibit C: Special Provisions
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EXHIBIT A
ROYLANCE AND ASSOCIATES PA
Engineers Surveyors Landplonners
` = 4619 Emerald Suite D-2 Boise Idaho 83706 (208) 336-7390
GARY CULLIP
NOVEMBER 24, 1994
PN 9306-1426
EASEMENT EXHIBIT
Roylance & Associates P.A. Engineers • Surveyors • Landplanners
4619 Emerald. Suite D-2. Boise. Idaho 83706 November 17,1994 Telephone (208) 336-7390 Fax (208) 336-7391
Project No. 1426
(See Attached Map dated 11-17-94)
REVISED December 20, 1994
REVISED January 19,1995
Legal Description For Gary L. and Sandra L. Cullip
Sanitary Sewer Easement in the vicinity of 5 -Mile Drain from Magic View Subdivision to Union Pacific
Railroad, Ada County, Meridian, Idaho
A 20 foot wide permanent sanitary sewer easement being 10 feet each side of the following described
centerline, and a temporary construction easement contiguous with and 60 feet to the right of said following
described centerline, being situated in Section 17, Township 3 North, Range 1 East, Boise Meridian,
Ada County, Idaho, described as follows:
Commencing at a found brass cap monumenting the Southeast Corner of the Northeast 1/4 of said
Section 17, thence along the southerly line of said Northeast 1/4 South 890-51'-35" West a distance of
2606.79 feet to a found steel pin monumenting the Southwest Corner of said Northeast 1/4, thence
North 89°-51'-35" East along said southerly line a distance of 178.51 feet (formerly South 890-57'-15.8" East a
distance of 177.75 feet to a point on that public right-of-way shown on the plat of Amended Magic View
Subdivision, (a recorded subdivision on file in Book 52 of Plats at Pages 4445 and 4446, records of Ada County,
Idaho), thence leaving said southerly line and along said public right-of-way southwesterly a distance of
58.54 feet along the arc of a circular curve to the left, said* curve having a radius of 45.00 feet, a central angle of
74°-31'-57", a chord bearing South 52°-35'-36" West, and a chord distance of 54.50 feet to a point, thence
leaving said right-of-way South 89°-51'-31" West a distance of 46.09 feet to a point, thence
North 63°-27'-09" West a- distance of 100.17 feet to a point, thence South 89°-49-52" West a distance of
423.58 feet to a point, thence North 52°-20'-03" West a distance of 309.61 feet to a point, thence
North 420-06'-33" West a distance of 359.50 feet to a point, thence North 40°-44'-54" West a distance of
397.77 feet to a point, thence North 09°-30'-19" West a distance of 306.57 feet to a point, thence
North 17°-39'-54" West a distance of 232.42 feet to a point, thence North 73°-13'-12" West a distance of
23 2.4 1 feet to a point, thence North 58°-28'-03" West a distance of 136.48 feet to a point, thence
North 20°-09'-09" West a distance of 142.34 feet to a point, thence North 14°-3 P-46" West a distance of
205.62 feet to a point on the southerly line of the Gary L. and Sandra L. Cullip property as described in Warranty
Deed recorded as Instrument No. 8306635, dated February 9, 1982, said point being the
POINT OF BEGINNING
Thence North 140-3 P-46" West a distance of 288.83 feet to a point,
Thence North 13 °-19'-43" West a distance of 255.21 feet to a point,
Thence North 34°47-58" West a distance of 180.70 feet to a point,
Thence North 54°45'-50" West a distance of 159.90 feet to a point,
Thence North 80°-13'-53" West a distance of 296.11 feet to a point,
Thence North 00°-00'-00" East a distance of 30.12 feet to the POINT OF TERMINUS, being on the
northerly property line as described in said Warranty Deed.
Prepared By:
c:\ nsoiiice\winword\jyll\1426cull.doc
ROYLANCE AND ASSOCIATES, P.A.
4619 EMERALD SUITE D-2
BOISE, IDAHO 83706
(208) 336-7390 FAX (208) 336-7391
ExmIT C
ADDITIONAL EASEMENT LANGUAGE FOR THE
GARY CULLIP EASEMENT AGREEMENT
(a) An 8 inch diameter sewer service line opening in three separate manhole bases will be provided to the
property owner. This sewer line manhole opening will allow future sewer connection for the property
which generally lies east of Five Mile Creek and. into the Five Mile Creek Trunk Sewer Line. Selection of
which three manhole locations 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 these sewer service
line manhole openings, the property owner needs to select the three preferred manhole locations within
ten (10) days after signing this easement agreement. Each 8 inch sewer service opening will be plugged
in the manhole. A drawing will be provided to the property owner showing the field location and all
appropriate dimensions and elevations of the sewer service line opening.
(b) During construction of the Five Mile Creek Trunk 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 five foot high galvanized chain link fence fabric securely
mounted on steel tee -bar fence posts.
(c) During construction of the Five Mile Creek Trunk Sewer Line project, the property owners' livestock will
be allowed safe access to Five Mile Creek for stock water.
(d) During construction of the Five Mile Creek Trunk Sewer Line project, all property corners within the
construction area will be established or reestablished 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.
(e) 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,
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.
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EXHIBIT "C"
ADDPITONAL EASEMENT LANGUAGE FOR THE
GARY CULLIP EASEMENT AGREEMENT
PAGE TWO
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RECO:::::
001 2141
o,
(t) 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 foot area surrounding each manhole, within the permanent easement, will be improved
with 10" thickness of compacted %" (-) road mix gravel on a stable subgrade to support city owned sewer
maintenance equipment in all-weather field conditions.
(h) Prior to development of the parcel, in the event of a pipe failure, break, collapse or similar documented
problem in the area between manholes, the City will attempt to use the permanent easement to gain access
to the problem location and make necessary repairs, but in the event that access is prevented, the City may
use grantor's property to gain access. The City fully understands that after development of the property
access between manholes may not be on a gravel all-weather surface roadway. The City also understands
that land within the permanent easement which is used for repair or maintenance will be restored to the
condition prior to the repair work or maintenance between manholes.
(i) 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 Five Mile Creek Trunk 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 La. (vi) of the Easement Agreement.
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