Permanent Easement with ACHD for Widening of Meridian Rd Adjacent to Settlers ParkProject Name: Ustick Road & Meridian Road Intersection
Project: 313039
Name: City of Meridian & Meridian Parks and Recreation Commission
ry Parcel No, i
T4N, R11WW, Sec. 36 ADA COUNTY RECORDER Christopher D. Rich 2014-086529
TPN: , S c. 36 BOISE IDAHO Pgs=7 LISA BATT 10/23/2014 03:47 PM
ACHD NO FEE
11i1II11I i 1111111111111111111 HEI IIII 1 111"1'11
00033566201400866290070078
PERMANENT EASEMENT
THIS PERMANENT EASEMENT (the "Easement"), made and entered into this _q_ day of
(, obeX , 2014 by and between City of Meridian, a municipal corporation,
hereinafter referred to as `GRANTOR", and ADA COUNTY HIGHWAY DISTRICT, a body politic and
corporate of the state of Idaho, hereinafter referred to as "ACHD";
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 ACHD 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 ACHD 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 ACHD.
SECTION 2. Grant of Easement and Authorized Uses.
GRANTOR hereby grants to ACHD 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);
(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 ACHD, utilities and irrigation districts to use the Highway and/or Public Right -
of -Way.
Permanent Easement -1
(5/9/12)
Project Name: Ustick Road & Meridian Road Intersection
Project: 313039
Name: City of Meridian & Meridian Parks and Recreation Commission
R/W Parcel No: 1
T4N, RIK Sec. 36
APN:SO436449680
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, ACHD 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, ACHD shall maintain the physical integrity 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. This Section shall not release
GRANTOR'S obligation to provide routine maintenance required under any applicable state or local law,
ordinance or regulation as to the pedestrian facilities that may be placed on the Servient Estate.
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.
GRANTOR covenants to ACHD that ACHD 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.
Permanent Easement - 2
(5/9/12)
Project Name: Ustick Road & Meridian Road Intersection
Project: 313039
Name: City of Meridian & Meridian Parks and Recreation Commission
R/W Parcel No: 1
T4N, R1 W, Sec. 36
APN:SO436449680
GRANTOR: City of Meridian, a municipal corporation
_� r Tamm/ CIP N rd
ATTEST: Tv ; r*' 4U,city Or
E.P, T I- Ny--
IDI
city
TRI _..;
STATE OF IDAHO )
) ss.
County of Ada )
�t,
On this q day of [ (`.+she ✓ , 2014, before me, the undersigned, a Notary Public in
and for the State of Idaho, personally appeared Tammy de Weerd and—'\Irw(ee Yd rylc�yq ,
known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed
this 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 month
and year in this certificate first above written.
ft�) Not Publ
(SEAL) �, Residing at:
My commission expires:
0
The Ada County Highway District (ACHD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations
and directives. ACHD assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded
from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity.
Permanent Easement - 3
(5/9/12)
.) u
ACHD Project: Ustick Road and Meridian Road
ACRD Project No.: 313039
Owner of Record: City of Meridian
Ada Co, Parcel No.: S0436449680
5.36, T.4 N., R.1 W., B.M.
Parcel 1
Permanent Easement #1 - Requirement
A parcel of land situated in the SE 1/4 of the SE 1/a of Section 36, Township 4
North, Range 1 West, Boise Meridian, Ada County, Idaho, and being a portion of the
parcel described in the Warranty Deed recorded as Instrument Number 95070396 in the
office of the Recorder, Ada County, Idaho, more particularly described as follows:
COMMENCING at an found aluminum cap marking the southeast corner of said
SE 1/a of the SE 1/a of Section 36 from which a brass cap marking the northeast corner of
the SE 1/a of said Section 36 bears N 0°17'06" E a distance of 2658.38 feet;
Thence N 0°17'06" E a distance of 807,76 feet along the east line of said SE 1/4 to
a point;
Thence leaving said east line N 89°08' 18" W a distance of 37.00 feet to the
POINT OF BEGINNING.
Thence S 0°51'42" W a distance of 4.13 feet to a point;
Thence S 7''47'29" W a distance of 82.30 feet to a point;
Thence N 89°00'34" W a distance of 24.17 feet to a point;
Thence N 747'29" E a distance of 86.41 feet to a point;
Thence S 89'08'18" E a distance of 23.67 feet to the POINT OF BEGINNING.
Said described parcel contains 2,074 square feet or 0.048 acres and is subject to
covenants, easements and restrictions of record.
ACRD Project: Ustick Road and Meridian Road
ACRD Project No.: 313039
Owner of Record: City of Meridian
Ada Co. Parcel No.: S0436449680
5.36, T.4 N., R.1 W., B.M.
Parcel 1
Permanent Easement #2 - Requirement
A parcel of land situated in the SE 14 of the SE ba of Section 36, Township 4
North, Range 1 West, Boise Meridian, Ada County, Idaho, and being a portion of the
parcel described in the Warranty Deed recorded as Instrument Number 95070396 in the
office of the Recorder, Ada County, Idaho, more particularly described as follows:
COMMENCING at an found aluminum cap marking the southeast corner of said
SE 1/a of the SE 1/ of Section 36 from which a brass cap marking the northeast corner of
the SE 1/ of said Section 36 bears N 0'17'06" E a distance of 2658.38 feet;
Thence N 00°17'06" E a distance of 308.73 feet along the east line of said SE U4;
Thence leaving said east line, N 89"08'19" W a distance of 53.00 feet to the
POINT OF BEGINNING;
Thence N 89108'18" W a distance of 4.00 feet to a point;
Thence N 0`51'42" E a distance of 111.27 feet to a point;
Thence S 89'08'18" E a distance of 4.00 feet a point;
Thence S 0"51'42" W a distance 111.27 feet to the POINT OF BEGINNING.
Said described parcel contains 445 square feet or 0.010 acres and is subject to
covenants, easements and restrictions of record.
MAO', !K77, H-51 7� Hio -7 M,
ACHD Project: Ustick Road and Meridian Road
ACRD Project No.: 313039
Owner of Record: City of Meridian
Ada Co. Parcel No.: SO436449680
S.36, T.4 N., R.I W., B.M.
Parcel 1
Permanent Easement #3 - Requirement
A parcel of land situated in the SE 1/4 of the SE 1/a of Section 36, Township 4
North, Range 1 West, Boise Meridian, Ada County, Idaho, and being a portion of the
parcel described in the Warranty Deed recorded as Instrument Number 95070396 in the
office of the Recorder, Ada County, Idaho, more particularly described as follows:
COMMENCING at an found aluminum cap marking the southeast corner of said
SE 1/a of the SE 1/ from which a brass cap marking the southwest corner of the SE 1/a of
said Section 36 bears N 89°20'08" W a distance of 2662.36 feet;
Thence N 89°20'08" W a distance of 83.70 feet along the south line of said SE 1/4
of the SE 1/4 to a point;
Thence leaving said south line N 0039'52" E a distance of 48.00 feet to a point to
the northerly right-of-way of Ustick Road and the POINT OF BEGINNING,
Thence N 89120'08" W a distance of 141.09 feet along said northerly right-of-
way to a point;
Thence leaving said northerly right-of-way, N 0"39'52" E a distance of 4.00 feet
to a point;
Thence S 89020'08" E a distance of 143.82 feet along a line parallel with and
measuring 4.00 feet north of said northerly right-of-way to a point;
Thence S 34°58'35" W a distance of 4.84 feet to the POINT OF BEGINNING.
Said described parcel contains 570 square feet or 0.013 acres and is subject to covenants,
easements and restrictions of record.
PARCEL 1
USTICK ROAD AND MERIDIAN ROAD
ACHD PROJECT NO,: 313039
OWNER: CITY OF MERIDIAN
ASSESSOR PARCEL # SO436449680
LOCATED IN:
S.36, T.4N., R.M., W., B.M., ADA CO. IDAHO
NO SCALE
ROW REOD. = 20,765 SF
(0.477 AC.)
PE #1 REOD. = 2,074 SF
(0.048 AC.)
PE #2 REOD. = 445 SF
(0.010 AC.)
PE #3 REOD. = 570 SF
(0.013 AC•)
'r % 7 VA,
S5'59'44"W
134.08'
So'51'42"W
71.07'
p08, Pq l
589'08'18"E
23.67' —�
SO'51'42"W
4.13'
N7'47'29"E
86.41'
S7'47'29"W
82.30'
N89'00'34"W
24.17'
S2'01'43"W
283,35'
S89'08'1 8"E
4.00'
SO'51'42"W
111.27'
NO'51'42"E
111.27"
36 31
N89'OB'18"W
h SEC 1/4 COR•
1, BRASS CAP
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N89'08'1 8"W
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37,00' ,
h
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JSTICK ROAD
l
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84.78' 1
S89' 20'08"E
ip h
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75.00'
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S34'58'35"W
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NO -51'42"E
740.36' I
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SO'51'42"W
135.43'
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78.23'
1
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SO'51'42"W
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139.88'
30 N6'34' -9"E
534'58'35'W
120.60'
JSTICK ROAD
42.56'
S89' 20'08"E
NO' 51 ' 4 2"E
143.82'
75.00'
S34'58'35"W
r
N89'20'08"W 4.84'
i
141.09'
N 45' 45' 17"E
NO'39 2"
35.42'
coy'—•._
4
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POB—PE3 �r
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21.87'
36 T.4,N•
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83.70' 36 31
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N89'20'08"W-2662.36'------
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POB -ROW I-
�I�
Project Name: Ustick Road & Meridian Road Intersection
Project: 313039
Name: City of Meridian & Meridian Parks and Recreation Commission
R/W Parcel No: 1
T4N, RiW, Sec. 36
APN:SO436449680
THIS PERMANENT EASEMENT (the "Easement"), made and entered into this day of
, 2014 by and between City of Meridian, a municipal corporation,
hereinafter referred to as `GRANTOR", and ADA COUNTY HIGHWAY DISTRICT, a body politic and
corporate of the state of Idaho, hereinafter referred to as "ACHD";
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 ACHD 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 ACHD 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 ACHD.
SECTION 2. Grant of Easement and Authorized Uses.
GRANTOR hereby grants to ACHD 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);
(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 ACHD, utilities and irrigation districts to use the Highway and/or Public Right -
of -Way.
Permanent Easement - 1
(5/9/12)
Project Name: Ustick Road & Meridian Road Intersection
Project: 313039
Name: City of Meridian & Meridian Parks and Recreation Commission
R/W Parcel No: 1
T4N, R1 W, Sec. 36
APN:S0436449680
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, ACHD 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, ACHD shall maintain the physical integrity 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. This Section shall not release
GRANTOR'S obligation to provide routine maintenance required under any applicable state or local law,
ordinance or regulation as to the pedestrian facilities that may be placed on the Servient Estate.
SECTION 6. Indemnification.
ACHD 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 ACRD'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 ACRD forever.
GRANTOR covenants to ACHD 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 ACHD.
IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day,
month and year first set forth above.
Permanent Easement - 2
(5/9/12)
Project Name: Ustick Road & Meridian Road Intersection
Project: 313039
Name: City of Meridian & Meridian Parks and Recreation Commission
R/W Parcel No: 1
T4N, RiW, Sec. 36
APN: SO436449680
GRANTOR: City of Meridian, a municipal corporation
Mayor Tammy de Weerd
ATTEST:
By: , City Clerk
STATE OF IDAHO )
) ss.
County of Ada )
On this _ day of , 2014, before me, the undersigned, a Notary Public in
and for the State of Idaho, personally appeared Tammy de Weerd and ,
known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed
this 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 month
and year in this certificate first above written.
(SEAL)
Notary Public for Idaho
Residing at:
My commission expires:
The Ada County Highway District (ACRD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations
and directives. ACHD assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded
from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any AND service, program or activity.
Permanent Easement - 3
(5/9/12)
�US
01
'a l
ACRID Project: Ustick Road and Meridian Road
ACRID Project No.: 313039
Owner of Record: City of Meridian
Ada Co. Parcel No.: SO436449680
S.36, T.4 N., R.I W., B. M.
Parcel 1
Permanent Easement #1 - Requirement
A parcel of land situated in the SE 114 of the SE 1/a of Section 36, Township 4
North, Range 1 West, Boise Meridian, Ada County, Idaho, and being a portion of the
parcel described in the Warranty Deed recorded as Instrument Number 95070396 in the
office of the Recorder, Ada County, Idaho, more particularly described as follows:
COMMENCING at an found aluminum cap marking the southeast corner of said
SE 1/4 of the SE 1/4 of Section 36 from which a brass cap marking the northeast corner of
the SE'/ of said Section 36 bears N 0°17'06" E a distance of 2658.38 feet;
Thence N 0°17'06" E a distance of 807.76 feet along the east line of said SE 'A to
a point;
Thence leaving said east line N 89'08'18" W a distance of 37.00 feet to the
POINT OF BEGINNING.
Thence S 0"51'42" W a distance of 4.13 feet to a point;
Thence S 7"47'29" W a distance of 82.30 feet to a point;
Thence N 89"00'34" W a distance of 24.17 feet to a point;
Thence N 7'47'29" E a distance of 86.41 feet to a point;
Thence S 89'08'18" E a distance of 23.67 feet to the POINT OF BEGINNING.
Said described parcel contains 2,074 square feet or 0.048 acres and is subject to
covenants, easements and restrictions of record.
ACRD Project: Ustick Road and Meridian Road
ACRD Project No.: 313039
Owner of Record: City of Meridian
Ada Co. Parcel No.: S0436449680
5.36, T.4 N., R.1 W., B.M.
Parcel 1
Permanent Easement #2 - Requirement
A parcel of land situated in the SE 14 of the SE iia of Section 36, Township 4
North, Range 1 West, Boise Meridian, Ada County, Idaho, and being a portion of the
parcel described in the Warranty Deed recorded as Instrument Number 95070396 in the
office of the Recorder, Ada County, Idaho, more particularly described as follows:
COMMENCING at an found aluminum cap marking the southeast corner of said
SE 1/a of the SE I/ of Section 36 from which a brass cap marking the northeast corner of
the SE 1/a of said Section 36 bears N 0"17'06" E a distance of 2658.38 feet;
Thence N 00017'06" E a distance of 308.73 feet along the east line of said SE 1/4;
Thence leaving said east line, N 89"08'18" W a distance of 53.00 feet to the
POINT OF BEGINNING;
Thence N 89'08'18" W a distance of 4.00 feet to a point;
Thence N 0`51'42" E a distance of 111.27 feet to a point;
Thence S 89008'18" E a distance of 4.00 feet a point;
Thence S 0'51'42" W a distance 111.27 feet to the POINT OF BEGINNING.
Said described parcel contains 445 square feet or 0.010 acres and is subject to
covenants. easements and restrictions of rer.nrd.
vpFy
ACRD Project: Ustick Road and Meridian Road
ACRD Project No.: 313039
Owner of Record: City of Meridian
Ada Co. Parcel No.: SO436449680
S.36, T.4 N., R.1 W., B.M.
Parcel 1
Permanent Easement #3 - Requirement
A parcel of land situated in the SE 1/4 of the SE 1/a of Section 36, Township 4
North, Range 1 West, Boise Meridian, Ada County, Idaho, and being a portion of the
parcel described in the Warranty Deed recorded as Instrument Number 95070396 in the
office of the Recorder, Ada County, Idaho, more particularly described as follows:
COMMENCING at an found aluminum cap marking the southeast corner of said
SE 1/a of the SE 1/ from which a brass cap marking the southwest corner of the SE 1/ of
said Section 36 bears N 89°20'08" W a distance of 2662.36 feet;
Thence N 89120'08" W a distance of 83.70 feet along the south line of said SEI/4
of the SE 1/a to a point;
Thence leaving said south line N 0039'52" E a distance of 48.00 feet to a point to
the northerly right-of-way of Ustick Road and the POINT OF BEGINNING,
Thence N 89°20'08" W a distance of 141.09 feet along said northerly right-of-
way to a point;
Thence leaving said northerly right-of-way, N 019'52" E a distance of 4.00 feet
to a point;
Thence S 89020'08" E a distance of 143.82 feet along a line parallel with and
measuring 4.00 feet north of said northerly right-of-way to a point;
Thence S 34°58'35" W a distance of 4.84 feet to the POINT OF BEGINNING.
Said described parcel contains 570 square feet or 0.013 acres and is subject to covenants,
easements and restrictions of record.
PARCEL I
USTICK ROAD AND MERIDIAN ROAD
ACRD PROJECT NO,: 313039
OWNER: CITY OF MERIDIAN
ASSESSOR PARCEL # S0436449680
LOCATED IN:
S,36, T.4N, R.M., B.M., ADA CO, IDAHO
NO SCALE
ROW REOD, = 20,765 SF
(0,477 AC.)
PE #1 REOD. 2,074 SF
(0,048 AC.)
PE #2 REDO. 445 SF
(0,010 AC.)
PE #3 REOD, 570 SF
(0.013 AC.)
—MMMA,
,
C, 'a
4,00'
/T
53,00'
POB—PE#2
S5'59'44"W
134.08'
SO'51'42"W
71,07"\
Pop- -
-ql
S89,08, 18"E
23.67'
SO'51'42"W
4.13'
N7'47'29"E
86.41'
S7*47'29"W
82.30'
N89*00'34"W
24.17'
S2'01'43"W
283,35'
589'08' 18
SO'51'42"W
111.27'
NO'51'42"E
111.27"
36 31
SEC 1/4 COR,
BRASS CAP
N89'08'1 8"W
37,00'
S7'47'29"W
i 84.76'
CC)
25'
1
NO'5 1'42"E
740,36'
0
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Lo
Co
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m (D
50'51'42"W
135.4,3'
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N
89'08'18"W
4,00'
/T
53,00'
POB—PE#2
S5'59'44"W
78.23'
SO'51'42"W
139.88'NW34'19"E
0
S34'58"35"W
120.60'
JISTICK ROAD
42,56'
S89'20'08"E_N0*5
1'42"E
143.82'
75,00'
S34'58'35"W
N89'20'08"W 4.84'
141,09'
N45*45'1 7"E
NO'39'52"E
35 .42'
4,00 P
1
Am
POB—PE#3
589'20'08"E
21.87'
36T 4 N
NO'39'52"E
8.00 7 0' 36
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--- N89'20'08"W-2662.36 - ------
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