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Ingress Egress Easement for Generations PlazaADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 7 BOISE IDAHO 11/13108 02:30 PM DEPUTY PaIllThompson III IIII'I'lll'�IIIII�II"I'I�III�I'II RECORDED -REQUEST OF 108123775 ACHD INGRESS EGRESS EASEMENT THIS INGRESS EGRESS EASEMENT (the "Easement'), is made and entered into this" day of clLP , 2008, by and between The City of Meridian, an Idaho Municipal Corporation, hereinafter referred to as "Grantor," and the 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 and depicted on Exhibits "A" and "B" respectively, attached hereto and by this reference incorporated herein (hereinafter "Servient Estate'). 1.2 ACHD has jurisdiction over the public rights-of-way and highways in Ada County, Idaho, and those which adjoin and are adjacent to the Servient Estate (hereinafter the "Dominant Estate"). 1.3 ACHD is vacating a portion of a 16 foot wide alleyway intersecting N. Main Street between E. Pine and E. Idaho Avenues, located in Block 5 of the Amended Plat of the Townsite of Meridian, depicted on Exhibit "B" (hereinafter referred to as the "Partial Alley Vacation"). The remaining portion of the alley on this block shall remain open to the public. 1.4 The Servient Estate is a portion of a developed public parking lot and is adjacent to the portion of the alley to remain open to the public. 1.5 As a condition of approving the Partial Alley Vacation, ACHD desires to obtain an easement and public right-of-way on, over and across the Servient Estate to provide access, connectivity, and circulation between the alley and Pine Avenue, and 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 and public right-of-way to ACHD. Right -of -Way Easement, page 1 SECTION 2. Grant and Authorized Use; Non-exclusive Easement. Grantor hereby grants to ACHD a non-exclusive ingress and egress easement for a public right-of-way on, over, under and across the Servient Estate for use by ACHD and the public, including but not limited to, members of the public driving vehicles, those who are pedestrians (as defined in Idaho Code, section 49-117) and those who are bicyclists, and for ingress and egress for utilities to exercise their statutory rights to use the public right-of-way, if any. SECTION 3. Improvements; Repair and Maintenance. 3.1 ACHD acknowledges that the improvements on the Servient are sufficient for the purposes of this non-exclusive easement and that no additional construction shall be required by Grantor. 3.2 Grantor agrees to maintain and repair the improvements at its sole cost and expense. SECTION 4. Indemnification. Subject to the provisions of, and limits of liability set forth in, the Idaho Tort Claims Act, ACHD shall indemnify and hold harmless Grantor from and against all claims, actions or judgments and expenses (including, without limitation, reasonable attorneys' fees incurred by Grantor in defense thereof) for damages, injury or death caused by or arising out of the public's use of the Servient Estate for the purposes set forth in this Easement. SECTION 5. Attorneys 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 6. Term; Extinguishment. The term of this Easement is perpetual, unless amended or terminated by mutual agreement of the parties. SECTION 7. Covenants Run with the Land . Throughout the term of this Easement, it 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 8. Exhibits. All exhibits attached hereto and the recitals contained herein are incorporated as if set forth in full herein. Right -of -Way Easement, page 2 SECTION 9. Notices. All notices given pursuant to this Easement shall be in writing and shall be given by personal delivery, by United States Mail Certified, Return Receipt Requested, or other established express delivery service (such as Federal Express), postage or delivery charge prepaid, addressed to the appropriate party at the address set forth below. Grantor: .m City of Meridian, Attention City Clerk 33 East Idaho Avenue Meridian, Idaho 83642 Ada County Highway District 3775 Adams Street Garden City, Idaho 83714-6499 SECTION 10. Recordation. This Easement shall be recorded in the Official Real Property Records of Ada County, Idaho. Grantor covenants to ACHD that ACHD shall enjoy the quiet and peaceful possession of the Servient Estate for the non-exclusive purposes granted herein; and, (b) Grantor warrants to the 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 b Tammy de ~ d, Mayor TFo ti Clerk = $;'SAL = a°� Yp'�GST isi Zp �UNV �O '1/1/11,1(11 110,0N Right -of -Way Easement, page 3 ADA COUNTY HIGHWAY DISTRICT VA EXHIBIT LIST Exhibit "A" — Legal Description of Servient Estate Exhibit "B" — Depiction of Servient Estate Right -of -Way Easement, page 4 State of Idaho ) ) ss. County of Ada ) On this 011-� day of fX1�c E✓ in the year 2008, before me, ('Y erg , a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and Jaycee Holman, know or identified to me to be the Mayor and City Clerk of the City of Meridian, Idaho, the persons who respectively executed and attested this instrument on behalf of said municipal corporation, and acknowledged to me that such municipal corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed seal the day and year in this certificate first above written. 00 rAjv'L3 t&&1 ®p g°ary Public for the State of Idaho ® pta Residing at—rt�►-!!n, [j -x U Idaho My Commission expires IP►'(4-� State of Idaho ) ) ss. County of Ada ) my official +� On thi "l day o,.,,..�, in the year 2008, before me, S ksan 2. S la. C , a Notary Public in and for the State of Idaho, personally appeared William J. Schweitzer, know or identified to me to be the Director of the Ada County Highway District, the person who executed this 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. Right -of -Way Easement, page 5 � f6 L-6 Notary Public for the State of Ida Residing at , Idaho My Commission expires 4 -7- n 1 TEALEY'S LAND SURVEYING— Project, No.: 2222 Date: September 15, 2000 916 Wast Jefferson Street o Boise. Idaho 83702 (208) 385.0636 Fax (266) 385-0696 DESCRIPTION FOR INGRESS -EGRESS EASEMENT NO.2 A 20•foot ingress -egress easement being portions of Lots 15 and 16 of Block 5 of the Amended Plat of the Townsite of Meridian, as filed for record in the office of the Ada County Recorder, -Boise, Idaho in Book 1 of Plats at page 30 and a portion of vacated East Pine Street,.as shown in instrument No. 98219 and City of Meridian Ordinance No. 72 lying in the SW 114 of Section 7, UN, R.IE., B.M., Meridian, Ada County, Idaho and more particularly described as follows: BEGINNING at a point [narking the Southeast corner of said Lot 16 of Block 5 of the Amended plat of the Towrtsite of Meridian; thence along the South boundary of said Lot 16 North 88020'26" West 10.00 fcetto a point; thence leaving said South boundary North 00"5738" East 123.73 feet to a point on the South right-of-way line of said East Pine street; thence along said South right-of-way line South 89°48'44" East 20.00 feet to a point; thence leaving said South right-of- way line South 00057'38" West 124.25 feet to a point on the South boundary of said Lot 15; thence along said South boundary of Lot 15 North 88020'26" West 10.00 feet to the POINT OF BEGINNING. hI. Li!►a�� a OF EXHIBIT "A" a'3 aQ PINE STREET �; 1:ascMzn) I YY ��/' a �Iw/�'��■! low t h ;=►i1,�/�' ;jam NP Mg tul agi EXHIBIT "B"