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HomeMy WebLinkAboutFalls Water Company Easement for UtilitiesEASEMENT FOR UTILITIES Instrument # 1483103 IDAHO FALLS, 8ONNEVILLE, IDAHO 10-7-2014 11:45:09 No. of Pages-7 Recorded for : SCOTT BRUCE RONALD LONGMORE Fee: 28.00 Ex-Officio Recorder Deputy Index to: EASEMENT • THIS EASEMENT executed and given this /^ day of Q(.j~o h-*- 20/S/by BONNEVILLE JOINT SCHOOL DISTRICT No. 93, with an address of 3497 N Ammon Road Idaho Falls, ID 83401, hereinafter called "Grantor" FALLS WATER CO., INC., a privately owned potable water utility, whose address is 2180 N Deborah Drive, Idaho Falls, ID 83401, hereinafter called "Grantee". WITNESSETH: That for and in consideration of the following: (a) Grantee to reimburse Pheasant Grove, LLC for five hundred fifty-eight (558) feet of an eight inch (8") water main installed by Pheasant Grove LLC under a development contract, which fronts the property for the bus yard and the building south of the bus yard, at Vi the linear foot cost of installation of $20.66 per linear foot. ($20.66 per linear foot x .5 x 558 feet of frontage = $5,764.14) Total reimbursement to Pheasant Grove LLC of Five thousand seven hundred sixty-four Dollars and fourteen Cents ($5,764.14). (b) Grantee to continue paying the annual irrigation water assessment from Progressive Irrigation District for the elementary school properties at 2935 N Golden Rod Drive, Idaho Falls, Idaho (Discovery Elementary) and 1499 N Indian Hollow Drive, Idaho Falls, Idaho (Bridgewater Elementary) for as long as the Grantor owns the aforementioned elementary school properties. and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor agrees as follows: 1. Grantor does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto Grantee a non-exclusive permanent easement and right-of-way to install, construct, operate, maintain, repair, replace and remove pipes and mains constituting the underground water distribution system mains and all other equipment and appurtenances as may be necessary or convenient for the operation of the underground water utility services (hereinafter referred to as "Utility Lines and Associated Equipment") over and upon the real property described on Exhibit A attached hereto (the "Easement Area"); together with rights of ingress and egress to access the Easement Area as necessary for the use and enjoyment of the easement herein granted. The location of the ingress and egress area to the Easement area has been mutually agreed upon by the Grantor and Grantee. As a result, the ingress and egress area is noted on the attached, and incorporated Exhibit B (Ingress/Egress Area). This easement is for water utility services only and does not convey any right to install other utilities such as cable television service lines. 2. Initial installation of the waterlines will comply with the stipulations requested by the Grantor. The stipulations are put forth in Exhibit C. TO HAVE AND TO HOLD, unto Grantee, his successors and assigns for the purposes aforesaid. Said Grantor is lawfully seized of said land in fee simple and thereby has the authority to grant said easement. The easement herein granted is subject to covenants, restrictions, easements, liens and encumbrances of record. (a) Grantor reserves the right and privilege to use and occupy and to grant to others the right to use and occupy (i) the surface and air space over the Easement Area for any purpose which is consistent with the rights herein granted to Grantee; and (ii) subsurface of the Easement Area for other utility services or other purposes which do not interfere with the rights herein granted to Grantee, including, without limitation, the right to install, construct, operate, maintain, repair, replace and remove telecommunications, telephone, telegraph, electric, gas and drainage facilities and foundations, footing and/or anchors for surface improvements. (b) All Utility Lines and Associated Equipment will be installed, operated and maintained at all times beneath the surface of the Easement Area provided that the same may be temporarily exposed or removed to the surface when necessary or desirable for the purpose of repairing and/or replacing the same. Provided, however, that Associated Equipment that is customarily installed above ground may be installed above ground subject to the right of Grantor, consistent with good engineering practices to approve the location of such above ground installation in its reasonable discretion. (c) The easement granted by this instrument may be relocated to a location acceptable to the Grantee at any time upon Grantor's request provided that Grantor bears the cost of relocating the underground water and sewer utility lines and facilities located within the Easement area. At Grantor's request, and upon relocation of such lines at Grantor's expense, Grantee and Grantor shall execute an instrument in recordable form relocating the easement hereby granted to the new Easement Area designated by and in the title of the Grantor. (d) Grantee shall exercise the easement rights conveyed herein in a manner which will not unreasonably interfere with use and occupancy of residential or commercial improvements constructed upon the adjacent property owned by Grantor. 3. WATER SYSTEM - The Grantee shall maintain all water mains and other elements of the water distribution system up to and including the water meter or meters. 4. After the initial installation, any future installation, construction, repair, replacement or removal of Grantee's utility lines or equipment, as to which easement rights are granted, Grantee shall refill any holes or trenches in a proper and workmanlike manner, and replace sod and repair sprinkler system, which are owned by Grantor, to the condition existing prior to such installation, construction, repair, replacement or removal. However, Grantee shall not be responsible for restoration of landscaping, planting, pavement or other surface improvements (ie. trees, shrubs, buildings, and planters, etc.), with the exceptions already noted for sod and sprinkler system, which are required to be removed in connection with installation, construction, repair, replacement or removal of Grantee's utility lines or equipment. To the extent permitted by law, however, Grantee shall be responsible for damage to improvements that are caused by Grantee's negligence. 5. This Grant of Easement shall inure to the benefit of and be binding of and be binding upon Grantee and its successors and assigns. 6. For the purposes of the terms and conditions of this Grant of Easement, "Grantor" means the owner from time to time of the Easement Area or any part thereof. 7. Grantee shall be responsible to supervise and timely pay the approved fees and cost of the Contractor as described in Exhibit "C". Grantee shall not allow any workman or material liens to be filed or maintained against Grantor's property. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed by its duly authorized officer and its corporate seals to be hereunto affixed as of the day and year first above written. JOINT BONNEVILLE SCHOOL DISTRICT No. 93 nf By:j^ By: ANNETTE WINCHEST Its: Chairperson STATE OF IDAHO County of Bonneville ) )ss. ) On this \ day of 0 (L-'^V 2014, before me a notary public in and for said State, personally appeared Annette Winchester known or identified to me to be the chairperson, of the school district that executed the instrument or the person who executed the instrument on behalf of said school district, and acknowledged to me that such school district 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. (seal) Notary Public for Idaho Residing at Idaho Falls, Idaho My commission expires: FALLS WATER Co., INC. STATE OF IDAHO County of Bonneville On this *\s- ) )ss. ) day of By:_£ By: K. Scott Bruce Its: General Manager , 2014, before me a notary public in and for said State, personally appeared K. Scott Bruce known or identified to me to be the president, or vice- president, or secretary or assistant secretary, of the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation 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. (seal) JORDAN L. CHAVEZ NOTARY PUBLIC STATE OF IDAHO Notary Public foa/tdaho Residing at Idaho Falls, Idaho My commission expires: W COMMISSION EXPIRES! December 16,2019 EXHIBIT "A" EASEMENT AREA A 20 foot wide utility easement the Southwesterly line of which is described as follows: Beginning at a point that is N89°3 T02"W 1584.18 feet from the East % Corner of Section 3, Township 2 North, Range 38 East of the Boise Meridian, said point being the Southeast corner of Lot 1, Block 3, Birchwood Estates, Bonneville County, Idaho; running thence S 42°42'28"E 483.89 feet to an angle point on the Westerly Boundary line of Pheasant Grove, Division No. 1, Bonneville County, Idaho and end of said easement, said endpoint being S 62°37'31"W 57.21 feet from the Northwest corner of Lot 1, Block 1, said Pheasant Grove, Division No. 1 TOGETHER WITH: A 10 foot wide temporary construction easement parallel with and adjacent to the Northeasterly line of the easement described above. EXHIBIT "B' INGRESS/EGRESS AREA EXHIBIT "C" SPECIAL PROVISIONS for the Initial Construction of a Waterline across the District 93 Sports Complex Grounds From the end of Edwards Dr. to the end of Pheasant Grove Lane 1) All work shall conform to the Falls Water Company, Requirements Governing the Provision of Drinking Water, Construction Specifications and Supplement to the Idaho Standards for Public Works Construction, latest edition unless otherwise modified herein or by the Engineer, District 93, or the Falls Water Company. 2) District 93 will mark the location of all sprinkler heads and valves located within the thirty foot wide construction area easements when they winterize their irrigation system the first week of October 2014. 3) The Contractor shall subcontract with Idaho Sod Company to cut the existing sod off the surface of the thirty foot wide construction area and stockpile it along the construction area so it can be re-laid after the waterline construction is completed... 4) The Contractors/subcontractors equipment, vehicles, and materials are restricted to operate/travel/stockpile only inside of the thirty foot wide construction area. Access to the construction area will only be from the end of Edwards Dr or Pheasant Grove Lane unless otherwise approved by District 93. 5) The Contractor shall remove and replace the existing l"-3" PVC lateral sprinkler lines with either PE or PVC pipe. Any of the existing sprinkler heads that are damaged due to the waterline construction shall be replaced with Hunter Model 1-20 heads. 6) The Contractor shall separate the fine grained soils from the gravel soils as the waterline trench is excavated. After installation of the pipe bedding and the pipe, the excavated gravel soil shall first be backfilled in the trench. The Contractor shall haul off a volume of the existing gravel soil approximately equal to the volume of the pipe and the imported bedding .The excavated fine grained soil shall then be processed as needed, backfilled in layers, compacted and tested to provide 95% or greater Standard Proctor density. The Contractor shall be responsible for backfilling the trench to the pre - excavation ground surface, including importing fine grained soils equivalent to the site fine grained soils if necessary. 7) The Contractor shall place a waterline marking tape approximately two feet below the original ground surface during trench backfill. 8) The Contractor shall subcontract with Pro Line Fence Co. for the removal and replacement of any of the existing chain link fence. 9) The Contractor shall provide a one year warranty for any defects from the date of Substantial Completion for all materials and work on this project. 10) When the chain link fence is put back in place, the fencing company will create removable 30 foot sections of the fence at the two ingress/egress points to allow removal of smaller sections of the fence for future repairs and maintenance. Falls Water Co., Inc. will pay for the additional hardware and labor associated with the creation of the ingress/egress fence sections.