Loading...
Irrigation Pipeline Easement with Ada County Highway District ACHD for Settler's ParkECOROEQ-REQUESTOF AOA COUNTY RECORDER J.OaVI(I, NAVARRo10A.140�Q,�...� �EE%Nj) PUTY `�/, 2001 MY 18 PM 4� 17 101048099 --q pf- This sheet has been added to document to accommodate recording information. IRRIGATION PIPELINE EASEMENT- ADA COUNTY HIGHWAY DISTRICT AND CITY OF MERIDIAN ALONG USTICK ROAD AND MERIDIAN ROAD AT 58 ACRE PARK (MAY 5, 2001) IRRIGATION PIPELINE EASEMENT This Irrigation Pipeline Easement (the "Easement") is made and entered into this day ofMaw , 2001, by and between CITY OF MERIDIAN, (hereinafter "Grantor') and the ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho (hereinafter "ACHD"); WITNESSETH: For good and sufficient consideration it is agreed: Section 1. Recitals. 1.1 Grantor owns the parcel of real property located in Ada County, Idaho, more particularly described on Exhibit "A", shown on Exhibit "B" and attached hereto (the "Servient Estate"). 1.2 ACHD owns the adjacent public system of highways and rights-of-way (the "Dominant Estate"). 1.3 ACHD desires to obtain an easement for an irrigation pipeline over, under and across the Servient Estate, and on the terms and conditions hereinafter set forth, Grantor is willing to grant the same to ACHD. Section 2. Grant of Easement. 2.1 On the terms and conditions hereinafter set forth Grantor, hereby grants to ACHD a perpetual easement for irrigation pipeline on, under, over and across the Servient Estate and to construct, install, repair and maintain an irrigation pipeline system thereon (hereinafter "Authorized Use"). 2.2 The easement herein granted is exclusive to ACHD, and no structures, fences, or other improvements are to be constructed, or landscaping planted, on the Servient Estate without the prior written consent of ACHD. Such consent will not be given if, in its sole discretion, ACHD determines the proposed improvement and/or landscaping may interfere with ACHD's Authorized Use of the Servient Estate. When such consent is given, if any structures, fences, landscaping or other improvements constructed or planted on the Servient Estate must be removed in order for ACHD to perform its obligations to repair and maintain the Irrigation Pipeline, the costs of removal and replacement or restoration of the same shall be the obligation of Grantor. ACHD specifically recognizes the allowance of a sidewalk over this easement. Irrigation Pipeline Easement - Page 1 Section 3. Construction Installation and Maintenance. 3.1 At its sole cost and expense ACHD shall construct and install the irrigation pipeline system on, over, under and across the Servient Estate, the construction and installation thereof to be performed in accordance with the policies of ACHD and sound engineering practices. 3.2 After construction and installation is completed, at its sole cost and expense ACHD shall maintain the irrigation pipeline system in good condition and repair and as required to satisfy all requirements of applicable laws, the policies of ACHD and sound engineering practices, and ACHD shall have access to and from, over and across the Servient Estate for the purposes of such repair and maintenance. ACHD recognizes the responsibility to unplug the irrigation pipeline if necessary. 3.3 If the adjoining property owned by Grantor, or the surface of the Servient Estate upon which the irrigation pipeline system is constructed and installed by ACHD is buried, is damaged as a result of the Authorized Use by ACHD of the easement herein granted or the failure or neglect of ACHD to construct, repair and maintain the irrigation pipeline system thereon as required by this Section, ACHD shall promptly, at its sole cost and expense, repair and restore the same, to the extent reasonably practicable, to the same condition it was in prior to such damage. Section 4. Indemnification. Subject to the provisions of, and limits of liability set forth in, the Idaho Tort Claims Act, ACHD shall defend, indemnify and hold harmless Grantor from and against all claims, actions or judgements for damages, injury or death caused by or arising out of its Authorized Use of the Servient Estate. Section 5. Covenants Run with the Land. This Easement shall be a burden upon the Servient Estate and shall be appurtenant to and for the benefit of the Dominant Estate, and shall run with the land. Section 6. Attorney's Fees and Costs. In any suit, action, or appeal therefrom to enforce or interpret this Easement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees. Section 7. Exhibits. All exhibits attached hereto are incorporated herein as if set forth in full herein. Section 8. Successors and Assigns. This Easement and the covenants and agreements herein contained shall inure to the benefit of, and be binding upon, the parties hereto and their successors and assigns to the above described Dominant and Servient Estates, or any portion thereof. Irrigation Pipeline Easement - Page 2 Section 9. Recordation. This Easement shall be recorded in the Real Property Records of Ada County, Idaho. IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day, month and year first set forth above. GRAPE }OR RdBERT D. CORRIE, MAYOR CITY OF MERIDIAN Date Approved by Meridian City Council: OF Attest: A"7 SUL WILLIAM G. BERG, Jr. CITY CLERK NZI.t 51 �.el��yt ADA COUNTY HIGHWAY DISTRICT s Y - PRESIDENT Attest: Irrigation Pipeline Easement - Page 3 STATE OF IDAHO ) ) ss. County of Ada ) On this t5A— day of , 2001, before me, _ri ZA, a N ary Public in and for the State of Idaho, person lly app ared Robert D. Corrie and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, and who acknowledged to me that 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 first above written. }_� Notary Pkb fo Idaho Residing at: IdaA0 My commission expires: - 6-069 STATE OF IDAHO ) ) ss. County of Ada ) Ka�k(.er;he On this day of 2001, before me, err . S M,+�&tengttt2r a Notary Public in and for the State of Idaho, personally appeared Judy Peavey -Derr and William J. Schweitzer, known to me to be the President and Director of the Ada County Highway District, and who acknowledged to me that the Ada County Highway District executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day„mpplb and year first above written. �T4 %oa y1S AUBLIC Irrigation Pipeline Easement -Page 4 l Notary Public for Idaho Residing at: A)^,'9 'II-c�` , My commission expires: EXHIBIT "A" Legal Description A strip of land being 23.O feet wide and lying in Southeast 1/4 of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, State of Idaho, the centerline being more particularly described as follows: Beginning at a point lying West 25.00 and North 36.50 feet from the Southeast comer of Section 36, Township 4 North, Range 1 West, Boise Meridian, said point being the REAL POINT OF BEGINNING: Thence West, 2,000.00 feet along a line parallel to and measuring 36.5 feet at right angles to the south boundary of the Southeast 1/4 of Section 36 to the Point of Terminus. Said Parcel contains 1.0560 Acres or 46,000 Square Feet more or less. Subject to Easements of record or in use. File: Ustick Irtig. 0 EXHIBIT "B" EASEMENT SKETCH NO SCALE I I 31 REAL POINT OF BEGINNING OINT OF TERMINUS FI Ln z 125' o FUTURE ROW W CLj SEMEML_- - - --J g ------00 � ---------------- - El(ISTNG ROW i1) N 36831 T.4 N. 1 6 T.3 N. USTICK RD. 3 Li PREPARED BY: ACHD SURVEY 5/l/01 •