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HomeMy WebLinkAboutPermanent Easement with Ada County Highway District for Ground Reservoir #2 and Booster Pump StationADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 ; Tradewinds Subdivision No.1 B015E IDAHO 08/14/13 09:58 AM i SEC Locust Grove & Victory Road RECORDED~nREQUEST OF II I I I II I II II I II I II I ~ III I I II ~ I II I ~ ~ III T 3N, R 1 E, Sec 29 Meridian Ciry i i ~~9~85~ (Reserved for Ada County Recorder) PERMANENT EASEMENT }~ THIS PERMANENT EASEMENT (the "Easement"), is made and entered into this ._._, day of Aut~~, 2013, by and between City of Meridian, hereinafter referred to as "GRANTOR," and ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho, hereinafter referred to as "ACRD." WITNESSETH: FOR GOOD AND SUFFICIENT CONSIDERATION, IT IS AGREED: SECTION 1. Recitals. 1.1 GRANTOR owns the real property located in Ada County, Idaho more particularly described on Exhibit "A" attached hereto and by this reference incorporated herein (hereinafter "Servient Estate"). 1.2 ACRD has jurisdiction over the public highways, including sidewalks, and public rights-of-way which adjoin and are adjacent to the Servient Estate (hereinafter the "Dominant Estate"). 1.3 ACRD desires to obtain an easement on, over and across the Servient Estate for the purposes hereinafter described, and, for the consideration and on the terms and conditions hereinafter set forth, GRANTOR is willing to grant such easement to ACRD. SECTION 2. Grant of Easement and Authorized Uses. GRANTOR hereby grants to ACRD a permanent exclusive easement over and across the Servient Estate for use by the public, including motorists, pedestrians and bicyclists, and the following uses and purposes: (a) placement of a Public Rights-of-Way as (as defined in Idaho Code, section 40-117); Permanent Easement - 1 (4/12/12) (b) construction, reconstruction, operation, maintenance and placement of a Highway (as defined in Idaho Code, section 40-109) and any other facilities or structures incidental to the preservation or improvement of the Highway; (c) statutory rights of ACRD, utilities and irrigation districts to use the Highway and/or Public Right-of-Way. SECTION 3. Permanent Easement: Covenants Run with_the Land This is a permanent easement. This Easement, and the covenants shall be a burden upon the Servient Estate and shall run with the land. The Easement and the covenants and agreements made herein shall inure to the benefit of and be binding upon, ACRD and GRANTOR, and Grantor's successors and assigns to the Servient Estate. SECTION 4. Appurtenant The Easement herein granted is appurtenant to the Dominant Estate and a burden on the Servient Estate. SECTION 5. Maintenance. Upon acceptance of the Highway, ACRD shall maintain the physical integrty of this easement in good condition and repair and as required to satisfy all requirements of applicable laws, the policies of ACHD and sound engineering practices. The repair and maintenance of the physical integrity of the Easement shall be at the sole cost and expense of ACRD; provided if the damage to the physical integrity of the Easement is as a result of the activities of GRANTOR, GRANTOR'S guests, invitees, contractors or agents, the repair shall be at the sole cost and expense of GRANTOR. SECTION 6. Indemnification. ACRD shall indemnify, save and hold GRANTOR harmless from and against any and all claims for loss, injury, death or damage, and reasonable attorney's fees and costs that may be incurred by GRANTOR in defending such claims, caused by or arising out of ACHD'S construction, use and maintenance of the Easement on the Servient Estate. SECTION 7. Recordation. This Easement shall be recorded in the Official Real Property Records of Ada County, Idaho. TO HAVE AND TO HOLD this Easement unto the ACHD forever. Permanent Easement - 2 (4/12/12) GRANTOR covenants to ACRD that ACRD shall enjoy the quiet and peaceful possession of the Servient Estate; and, GRANTOR warrants to ACHD that GRANTOR is lawfully seized and possessed of the Servient Estate and has the right and authority to grant this Easement to ACRD. IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day, month and year first set forth above. Grantor: City of Meridian ~~~s~.z By: Tam a Weerd, Mayor Attested: Y, 1 C:'" ~9 ~~ Ciiti~ of City CI F. IDS I A ~:~... ` IDdidS H_.OJ 5 { m ,;7F.AT. rr `~ z, OFF ~~ the TRf AS~~Q.~T State of Idaho ) ss. County of Ada ) On this 1~ day of A~1 U ~ ~-4- in the year 2013, before me, ~~~ ~ ~ ~r,P S , a Notary Public in and for said State, personally appeared Tammy de Weerd and , ~! CGS l--h_l~~ known or identified to me to be the Mayor and City Clerk of the City of Meridian, the municipal corporation that executed and attested the within instrument, and acknowledged to me that 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. s •~~.. '~, , ,z ~''~©~~~~'~cr~: ,, ~/ r ~,~ s; F' i~~ .1~~~~. .,...oo the 13esiding at f'•'(~ ~~~ ~1 L a Idaho My Commission expires _~e..v, Permanent Easement - 3 (4/12/12 9233 WEST STATE STREET ~ BOISE, ID 83714 ~ 208.639.6939 ~ FAX 208.639.6930 July 12, 2013 T2dewinds Subdivision Phase 1 Project No.12-072 legal Description ACHD Pedestrian Easement EXHIBITA Parcel of land for an ACHD Pedestrian Easement situated in a portion of the Northwest 1/4 of the Northwest 1/4 of Section 29, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a 5/8-inch rebar marking the Northwest corner of said Section 29, which bears N00°14'18"E a distance of 2,645.69 feet from a 5/8-inch rebar marking the West 1/4 corner of said Section 29; Thence following the westerly line of said Northwest 1/4, S00°14'18"W a distance of 791.79 feet to a point; Thence leaving said westerly line and following the proposed southerly right-of-way Ifne of Coastline Drive, 589°34'31"E a distance of 174.12 feet to the POINT OF BEGINNING. Thence following said proposed southerly right-of-way Ifne, 589°34'31"E a distance of 76.38 feet to a point; Thence leaving said proposed southerly right-of-way (ine, 545°25'29"W a distance of 14.10 feet to a point; Thence N89°34'31"W a distance of 56.44 feet to a point; Thence N44°34'31"W a distance of 14.10 feet to the POINT OF BEGINNING. Said parcel contains a total of 662 square feet more or less and is subject to a8 existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. ENGINEERS ~ SURVEYORS ( PLANNERS ~ • IZ • 20i~i I IL m ~~ 0 a t; R I; NW CORNER /' SECTION 29 / P.O.C. /"_ I ~ I o ~ ._ ~ __ ~~ ~~ m ~In zv~ ~N~S89'34'J1"E 174.12' (TE) m~ - - ~~ p~rn ~~,~ I^ I W 1/4 CORNER r SECTION 29 9333 WESTSTATE5IPEET 0013F, IDAH043711 PHONE (304)6391939 FAX(3041639~6930 SHEET: 1 OF 1 A 50 25 0 50 1 =®~ SDN, LLC 51129223530 __ J COASTLINE DR. (PROPOSED) P.0.8. -y ~,~.. 589'\ 34'31'E_ 78.38' ~ '°~~ ~a N44'34'31'WJ~ "' -~ ~ ~545'25'29'W 14.10' N89'34'31'W 14.10' 56.44' ACHD PEDESTRIAN EASEMENT CFlY OF MERIDIAN 51129223550 EXHIBIT B TRADEWINDS SUBDIVISION PHASE 1 ACRD PEDESTRIAN EASEMENT NW 1/4 OF NW 1/4 OF SECTION 29, T3N, R1E, BM, CITY OF MERIDIAN