Right Of Way Easement with Ada County Highway District and Meridian Rural Fire Protection District for for Traffic Signal Meridian Fire Station #3
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Meridian Fire Station
MC2C-O3-003
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 12/04/03 o2:2B PM
DEPUTY Kathy Ingraham
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AMOUNT .00 11332131142
(Reserved for Ada County Recorder)
RIGHT-OF-WAY EASEMENT
(Traffic Signal)
THIS RIGHT-OF-WAY EASEMENT (Traffic Signal) (the "Agreement"), is made
and entered into this 7'¡~ day of t}e-nDt:I-, 2003, by and between CITY OF
MERIDIAN AN UNDIVIDED 74% INTEREST AND MERIDIAN RURAL FIRE
PROTECTION DISTRICT AN UNDIVIDED 26% INTEREST, AS TENANTS IN
COMMON, 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 owns and has exclusive jurisdiction over the public rights-of-way
and Highways (as used in the Agreement, the term "Highway" is as defined in Idaho
Code, section 40-109(5» located in Ada County, Idaho and including the Highways
which abut and adjoin the Servient Estate (the "Dominant Estate").
1.3 ACHD desires to obtain an easement on, over and across the Servient
Estate for the benefit of the Dominant 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.
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SECTION 2. Grant and Authorized Use.
2.1 GRANTOR hereby grants to ACHD an easement for the following uses
and purposes, and no others:
to place traffic signal poles and hardware and traffic detection loops (hereinafter
the 'Traffic Signal") on, under and over the Servient Estate, and access to
construct, install, repair and maintain the same, as such Traffic Signal is
depicted on Exhibit "A" attached hereto and by this reference made a part
hereof.
2.2 This Agreement does not extend to ACHD the right to use the Servient
Estate to the exclusion of GRANTOR, and ACHD's rights under this Agreement are
subject to the rights of the GRANTOR and GRANTOR's agents and contractors to use
the Servient Estate and landscape and irrigate the same, provided the structural and
operational integrity of the Traffic Signal is not compromised by such activities, and
further that such other uses do not interfere with the ability of ACHD to repair and
maintain the Traffic Signal.
SECTION 3. Consideration. As consideration for the grant of this easement ACHD
agrees to pay GRANTOR -- DOLLARS ($ - ),
receipt of which is hereby acknowledged. DOES NOT APPLY
SECTION 4. Construction and Installation All costs and expenses related to the
design, installation, construction, repair and maintenance of the Traffic Signal shall be
the sole responsibility and obligation of, and shall be paid by, ACHD.
SECTION 5. Compliance with the Law In installing, constructing, repairing and
maintaining the Traffic Signal ACHD covenants and agrees to comply with any and all
federal, state and local statutes, laws and ordinances and good engineering practices.
SECTION 6. Indemnification. ACHD shall indemnify and hold GRANTOR harmless
from and against any and all claims, demands liabilities and expenses (including,
without limitation, reasonable attorneys' fees), for damages, injury or death arising
directly or indirectly from or in any way connected with its use of the Servient Estate.
SECTION 7. Term:Easement Burden that Runs with the Dominant and Servient
Estates. The term of this Agreement and the easement herein granted is perpetual and
it shall be a burden upon the Servient Estate and shall run with the land.; provided,
however, the removal of the Traffic Signal and the failure of ACHD to replace the same
within one (1) year thereafter shall entitle GRANTOR to receive from ACHD on demand
its executed and acknowledged instrument of release and abandonment to GRANTOR.
SECTION 8. Exhibits. All exhibits attached hereto and the recitals contained herein are
incorporated herein as if set forth in full herein.
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SECTION 9. Successors and Assiqns This Agreement, the easement herein granted,
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 Servient and
Dominant Estate.
SECTION 10. Recordation. This Agreement shall be recorded in the Official 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.
Attest to:
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1
STATE OF IDAHO)
) ss.
County of Ada )
On this ..8.:-'" day of êJC+O~ 2003, before me,
/3!--Ut.J1.m S~ it>....> , a Notary Public in and for the State of Idaho,
personally appeared the, . . l.~own or jdentified to me
to be the person who ex cÓOO1'hJs~ Inst/1,men ,H~cr~c ~()~WdgeaJto me that he
executed the same. ~'¡ILU o"wu (l '~~'ðJ °S-,,-, .J
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and ye~!fll'g¡¡.above written.
..~~'*.. ShO/l([OðYl?j--/tu
: ~' ~ 'f~ Notary Public for Idaho . ,
: i " I : Residing at: Ada. Cok/rzt.-v Jofa./1Ù
~ \ ,'J .: My commission expires: " 1-287)')
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STATE OF IDAHO)
)ss.
County of Ada)
On this J.P* day of ~b ~ . 2003, before me,
"{\o....... ~ ~ , a Notary Public in and for the state of Idaho,
personally'appeared Randy Lane, known or identified to me to be the Supervisor of the
Ada County Highway District, the person who executed this instrument of behalf of said
District, and 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 and year first above written.
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Notary Public for Idaho
Residing at: ~d.: 0... . I::fJÐ
My commission expires: ~[àr I D7
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Jul.31.100311:49AM
No. 1851
p, 5/7
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DESCRIPTION FOR: MERIDIAN FIRE STATION #3 - LOCUST GROVE ROAD FIRE
STATION SIGNAL LIGHT EASEMENT Job # 104-02 7-25-2003
IN THE SE 1/4 OF SE 1/4 OF SECTION 31, T 4N,R 1 E,B.M.
A portion o::the Southeast 1/4 of the Southeast 1/4 of Section 31, Township 4 North, Range 1
East of the Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the Southeast comer of Section 31, Township 4 North. Range 1 Bast of
the Boise Meridian, Ada COW1ty, Idaho, which is marked by 'a found brass monument;
then.::e North 00°16'38" Bast 1329.50 feet along the Easterly bounda1y of the said
Southeast 1/4 of the Southeast 1/4 to a set PK Nail on the center line of North Locust Grove
Road, which is also the Northeast corner of the said Southeast 1/4 of the Southeast 1/4;
then<:e South 89°59'04" West 33.00 feet along the Northerly boundary of the said
Southeast 1/4 of the Southeast 1/4 to a set 1/2" iron pin with a plastic cap;
them:e South 00°16'38" West 79.85 feet along a line parallel with and 33.00 feet
Westerly of the Easteriy boundary of the Southeast 1/4 of the Southeast 1/4 to the INITIAL
POINT oftbis description. '
thence çontinuing South 00°16'38" West 10.00 feet to point;
t!tenc:e North 89°43'22" West 10.00 feet to a point;
thence North 00°16'38" East 10.00 feet to a point;
thence South 89"43'22" East 10.00 feet to the INITIAL PO1NT of this description.
This parcel contains 0.0023 acre, more or Jess, and is subject to all existing easements and
rights of way.
EXHIBIT "A"
C: \DESCRIl'1\I ¡¡. ~O2MERfireS ignal.DOC
Treftsnre Valley Engineers, mc.
56~O E Fn\nkl n Rd, Suite 220
~.mpo, JdabQ 83687
Oñi,ce: (208) 463.0305
fax: (208) 463-4391
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