HomeMy WebLinkAboutACHD Temporary License Easement Construction of Pathway Segment (2023-029578) ADA COUNTY RECORDER Trent Tripple 2023-029578
BOISE IDAHO Pgs=7 CHE FOWLER 05/24/2023 08:04 AM
CITY OF MERIDIAN, IDAHO NO FEE
RECORDING REOUESTED_ Y AND
WHEN RECORDED RETURN TO:
City Clerk
City of Meridian
33 E.Broadway avenue
Meridian,ID 83642
TEMPORARY EASEMENT ION OF PATHWAY SEGMENT
This TEMPORARY EASEMENT FOR CONSTRUCTION F PATHWAY ENT
("Temporary Easement")is entered into this__ _ day of MAY p 2023 ("Effective
Date"), by the Ada County Highway District, a highway district organized under the laws of the
State of Idaho("Grantor")to the City of Meridian, an Idaho municipal corporation("Grantee")
(together, "Parties").
WHEREAS,Grantor is the owner of real property at 374 W. Ustick Road,Meridian,
Ada County Parcel no. SO434438600,described in Exhibit A hereto("Property");
WHEREAS,Grantee is overseeing the construction of a multi-use public pathway
running along Fiveile Creek from just east of Ninemile Creek to N. Grand Lake Way
("Pathway"), and a segment of the Pathway traverses the north side of the Property("Pathway
Segment");
WHEREAS,Grantor is required by its April 19,2022 Development Agreement with
City(recorded in Ada County as Instrument no. 2022-038673)to install the Pathway Segment;
and
WHEREAS,Grantee is constructing the Pathway Segment pursuant to a December 6,
2022 Memorandum of Agreement between the Parties,and needs temporary access to and use of
the Property for this purpose;
NOW,THEREFORE,in consideration of the benefits to be received by Grantor, and
other good and valuable consideration
A. Temporary easement granted. Grantor does hereby convey to Grantee and/or Grantee's
contractor(s)a Temporary Easement over and across the Property for the purpose of
constructing the Pathway Segment.
B. Term. This Temporary Easement shall expire upon the earlier of the final completion of the
Pathway Segment,or September 30,2024.
C. Conditions. Grantee specifically agrees that as conditions of this Temporary Easement,
Grantee shall observe each and all of the following conditions
1. Grantee shall collect and properly dispose of any and all garbage and/or spills generated
by or related to Grantee's activities under this Temporary Easement.
TEMPORARY LICENSE CONSTRUCTION OF PATHWAY SEGMENT PAGE I OF 5
2. Where Grantee's activities or equipment damage Property, or otherwise require Grantor
to incur additional expenses,Grantee shall reimburse Grantor for costs of repair,
replacement, or expense.
3. Upon or prior to the conclusion of Grantee's use of the Property for the purpose
described herein, Grantee shall restore the Property used to that existent prior to such use.
D. Compliance with laws. Grantee shall be responsible for ensuring that Grantee's use of the
Property is in compliance with all applicable laws.
E. Termination.
1. Grounds. Grounds for termination of this Temporary Easement shall include,but shall
not be limited to: an act or omission by Grantee which breaches any term of this
agreement; an act of nature or other unforeseeable event which precludes or makes
impossible the performance of the terms of this agreement by either party; a change in or
occurrence of circumstances that renders continuance of the use allowed by this
Temporary Easement a detriment to the public health, safety, or welfare; or a finding that
continued activity under this Temporary Easement is not in the best interest of the public;
as determined by either party.
2. Process. Either party may terminate this Temporary Easement by providing the other
written notice of such termination. Such notice shall be effective immediately upon
personal delivery or mailing.
F. No agency. Neither Grantee nor Grantee's employees, agents,contractors, officials, officers,
servants, guests,and/or invitees shall be considered agents of Grantor in any manner or for
any purpose whatsoever in their use and occupancy of the Property.
G. No warranty. Grantor makes no warranty or promise as to the condition, safety,usefulness,
or habitability of the Property; Grantee accepts the Property for use as is, both at the
Effective Date of this Agreement and throughout Grantee's use of the Property.
H. Non-waiver. Failure of either party to promptly enforce the strict performance of any term
of this Agreement shall not constitute a waiver or relinquishment of any party's right to
thereafter enforce such term, and any right or remedy hereunder may be asserted at any time
after the governing body of either party becomes entitled to the benefit thereof,
notwithstanding delay in enforcement.
I. Entire Agreement. This Agreement contains the entire agreement of the parties and
supersedes any and all other agreements or understandings, oral or written, whether previous
to the execution hereof or contemporaneous herewith.
J. Applicable law. This Agreement shall be governed by and construed and enforced in
accordance with the laws of the State of Idaho.
TEMPORARY LICENSE-CONSTRUCTION OF PATHWAY SEGMENT PAGE 2 OF 5
IN WITNESS WHEREOF,the Parties hereto have executed this Agreement on the
Effective Date first written above.
GRANTOR: STATE OF IDAHO )
Ada County Highway District ) ss:
County of A— )
I HEREBY CERTIFY that on this 12 day of
2023,before the undersigned,a
Print name: Ck Notary Public in the State of Idaho,this record was
acknowledged before me by:
Title: t:� 2 —je' �'sQ- -�
on belmif of the Adaeat, y Highway District,in the
following representative capacity:
••.� �$j , f",• IN WITNESS WHEREOF,I have hereunto set my hand
•S (A'�.••'•••••�cs••,• and affixed my official seal,the day and year in this
`•4 �•t�OT�►Ry�� certificate first above written.
=ng (jgLtC�i
'.,•(P•••`_I No.p�Sy:�' �•• Notary Public for Idaho
••�'.9 ••• .•' Residing at. -
•. f� Q• F-1�� C�w��-f Idaho
.•b.,j�, OF
1� ,,•••
••••••'•/"'�`�� My Commission Expires: 6d 130 1202'�
GRANTEE: Attest:
CITY OF MERIDIAN
Robert E. Simison,Mayor 5-23-2023 Chris Johnson, City Clerk 5-23-2023
STATE OF IDAHO )
): ss
County of Ada )
On this23rd day of May 2023,before me,a Notary Public,personally appeared Robert E.Simison
and Chris Johnson,know or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian,
who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged
to me that such City 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.
Notary Public for Idaho
Residing at Meridian _ Idaho
My Commission Expires: 3-28-2028
TEMPORARY LICENSE-CONSTRUCTION OF PATHWAY SEGMENT PAGE 3 OF 5
T-O ENGINEERS
Project No.: 210495 Exhibit A
Ada County Tax ID.:SO434438600
Date: December 27, 2022
Page: 1 of 1
PARCEL No.3
TEMPORARY EASEMENT
A portion of that parcel of land, located in the SW1/4 of the SE1/4, of Section 34,Township
4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described
as follows:
COMMENCING at the Center Section Corner of said Section 34, from which the South
One-Quarter Corner of said Section 34, bears S.00°44'04"W., 2636.02 feet; thence, along the
west line of the SE1/4 of said Section 34,
A) S.00°44'04"W., 1373.03 feet to the southerly Ninemile Creek right-of-way, being the
POINT OF BEGINNING; thence, leaving said west line, along said southerly right-of-way
the following three courses:
1) S.89°12'48"E., 530.30 feet, thence,
2) S.561)20'48"E., 282.10 feet; thence,
3) S.00°43'12"W., 69.69 feet; thence, along a line parallel with and 58.49 feet
southwesterly of the southerly Ninemile Creek right-of-way,
4) N.56020'48"W., 259.40 feet to the beginning of a tangent curve; thence, leaving
said parallel line,
5) Northwesterly along said curve to the left, having a radius of 200.00 feet,an arc
length of 114.73 feet, through a central angle of 32152'00", of which the long
chord bears N.72146'48"W., 113.16 feet to a point of tangency;thence, along a
line parallel and 50.00 feet southerly of the southerly Ninemile Creek right-of-
way,
6) N.89°12'48"W., 440.87 feet to the west line of the SE1/4 of said Section 34;
thence, along said west line,
7) N.00044'04"E., 50.00 feet to the POINT OF BEGINNING.
The above-described permanent easement CONTAINS 43,640 square feet(1.00 acres), more
or less.
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02020 T-O ENGINEERS.THIS INSTRUMENT IS THE PROPERTY OF T-O ENGINEERS.ANY REPRODUCTION,REUSE OR MODIFICATION OF THIS INSTRUMENT OR ITS CONTENTS WITHOUTSPEOFIC WRITTEN PERMISSION OF T-O ENGINEERS IS STRICTLY PROHIBITED.
EXHIBIT SKETCH B
C1/4 CORNER OF LOCATED IN A PORTION OF THE SW1/4 OF THE SE1/4 SECTION 34,
SECTION 34 TOWNSHIP 4 NORTH, RANGE 1 WEST,BOISE MERIDIAN,ADA COUNTY,IDAHO
CP&F INST.NO. S34 2022
2017-034261
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P&F INST.NO. LINE BEARING DISTANCE
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34 L19 S00'43'12"W 1 69.69' ® I
03 CURVE TABLE
CURVE RADIUS LENGTH DELTA I BEARING CHORD 0' 50' 100, 200'
LAND CEN EpSG9� C72 200.00' 114.73' 32'52'00" N72-46'48"W 113.16' `�` b
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Exhibit C
Project No.: 210495
Ada County Tax ID.: SO434438600
Date:April 6, 2023
Page: 1 of 1
FIVE MILE CREEK PATHWAY ACCESS
TEMPORARY EASEMENT
A portion of that parcel of land, located in the SW1/4 of the SE1/4, of Section 34, Township
4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described
as follows:
COMMENCING at the South One-Quarter Corner of said Section 34, from which the
Center Section Corner of said Section 34, bears N.00°44'04"E., 2636.02 feet; thence, along
the west line of the SE1/4 of said Section 34,
A) N.00°44'04"E., 1125.74 feet; thence, leaving said west line,
B) S.89°15'56"E., 633.92 feet being the POINT OF BEGINNING; thence,
1) S.56°20'48"E., 155.00 feet, thence,
2) S.00°39'22"W., 100.00 feet, thence,
3) N.89°20'38"W., 15.00 feet, thence,
4) S.00°39'22"W., 807.90 feet, thence,
5) S.33°26'00"E., 133.81 feet to the north right-of-way of Ustick Rd.; thence, along
said north right-of-way,
6) N.89°07'04"W., 30.00 feet; thence, leaving said north right-of-way,
7) N.27°48'07"W., 125.92 feet; thence,
8) N.00°39'22"E., 787.90 feet; thence,
9) N.44°20'38"W., 28.28 feet; thence,
10) N.89°20'38"W., 80.00 feet; thence,
11) N.00°39'22"E., 184.41 feet to the POINT OF BEGINNING.
The above-described temporary easement CONTAINS 33,295 square feet (0.764 acres), more
or less.
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EXHIBIT SKETCH (Q)
LOCATED IN A PORTION OF THE SW1/4 OF THE SE1/4 OF SECTION 34,
o TOWNSHIP 4 NORTH, RANGE 1 WEST,BOISE MERIDIAN,ADA COUNTY, IDAHO
S34 2023
S2 C1/4 CORNER OF
a SECTION 34 LINE TABLE
I CP&F INST. NO.
0 2017-034261 I LINE BEARING DISTANCE
L1 S56'20'48'E 155.00'
o_ \ L2 S00'39'22"W 100.00'
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L3 N89'20'38'W 1&00'
— _ — — S89'15'56"E 633.92'_ — _ _ POB I L4 S3326'00"E 133.81'
W �T T L5 N89'07'04"W 30.00'
L6 N27'48'07"W 125.92'
CD L7 N44'20'38"W 28.28'
L8� L8 N89'20'38"W 80.00'
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