Knightsbridge Mike and Mindy Bergemen ACHD Permanent EasementADA COUNTY RECORDER Christopher D. Rich
BOISE IDAHO Pgs=6 CHE FOWLER
ACHD
2017 -A13998
021151201712:53 PM
NO FEEKnightsbridge Subdivision
MPP16-0024
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0033045320 1700 1 39980060068
(Reserved for Ada County Recorder) g,
PERMANENT EASEMENT
THIS PERMANENT EASEMENT (the "Easement"), is made and entered into this
-!Z- day of F*i-.,ro., , 2,a 17, by and between Mike Bergeman and
nllinaveL.g"ffi,herfrrafteireferredtoas,,GRANToR,"andADA
COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of ldaho,
hereinafter referred to as "ACHD."
WITNESSETH:
FOR GOOD AND SUFFICIENT CONSIDERATION, IT IS AGREED:
SECT]ON 1. Recitals.
1.1 GRANTOR owns the real property located in Ada County, ldaho 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.
GMNTOR 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 ldaho Code, section
40-117\;
Permanent Easement - 1
(stet12)
(b) construction, reconstruction, operation, maintenance and placement of a
Highway (as defined in ldaho 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 Pu blic Rig ht-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, 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 ACHD; 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. lndemnification.
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 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, ldaho.
Permanent Easement - 2
(5tet12)
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 ACHD.
lN WITNESS WHEREOF, the undersigned have caused this Easement to be
executed the day, month and year first set forth above.
GRANTOR
STATE OF
) ss.
COUNTY OF
on thisqll day of Snuary ,20 i1 , before me, @!€flqa f
a Notary Public in a;d forlil;ETffi-of ldaho, personally appeared lttike Bergeman, or
identified to me to be the person(s) who executed this instrument, and acknowledged to
me that they executed the same.
lN WITNESS WHEREOF, I have hereunto set my hand and affixed my officialseal
the day and year in this certificate first above written.
Notary Pu
ng at fb5
Permanent Easement - 3
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T"a-rr*-t..1"'. (Loc,*s \ ''
TERRELYN ROARK
Notary public
State of Idaho
rc for the State of ldaho
a r l/n i.'t /:t P- b5a
srArE or {dah o )
couNrY oF Rcir' i
ts
{e-r r*.- \7v. fl61'c'*rt(
on this J 3 day of 'J-an na r/ , 20 t1 , before me,
.t
i /1,
a Notary Public in and for the Stat6 of ldaho, personally appeared Bergeman,
known or identified to me to be the person(s) who executed this instrument, and
acknowledged to me that they executed the same.
lN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
',04p
for State of
at6bS 3-2fr:
EXHIBIT LIST
Exhibit "A'. Legal description of Servient Estate.
The Ada County Highway District (ACHD) is commifted to compliance with Title Vl of the Civil Rights Act
of 1964 and retated regulations and directives. ACHD assures that no person shall on the grounds of
race, color, national oigin, gender, disability or age, be excluded from participation in, be denied the
benefits of, or be otheruvise subjected to discrimination under any ACHD seruice, prwram or activity.
Permanent Easement - 4
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C
TERRELYN ROARI(
Notary public
EXHIBIT A
DESGRIPTION FOR
RIGHT-OF.WAY EASEMENT
KNIGHTSBRIDGE SUBDIVISION
An easement located in the SE 1/4 of the SW 1/4 of Section 21, Township 3
North, Range 1 East, Boise Meridian, Ada County, ldaho being more particularly
described as follows:
Commencing at the SE corner of Lot 16, Block 3 of Sutherland Farm
Subdivision No. 1 as filed in Book 86 of Plats at Pages 9806 through 9808, records of
Ada County, ldaho;
thence along the South boundary line of said Sutherland Farm Subdivision No.
1 South 89'48'03" East, 13.00 feet to the REAL POINT OF BEGINNING;
thence continuing along said South boundary line South 89"48'03" East, 12.00
feet;
thence leaving said South boundary line South 00o01'56" West, 64.35 feet;
thence North 89"48'02" West, 12.00 feet;
thence North 00"01'56" East, 64.35 feet to the REAL POINT OF BEGINNING.
Containing 772 square feet, more or less.
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SUTHERLAND FARM
SUBDIVISION NO. 1
BLOCK 4
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KNIGHTSBRIDGE
SUBDIVISION
s89'49'03"E
12.OO'
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64.35'
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IDAHO
1450 E. WATERTOWER ST.SURVEY fi!'J,8,1',3,,OO'O"*'
- (208) 84&8570
GROUP, P.C.
EXHIBIT ''8" DRAWING FOR
R]GHT_OF-WAY EASEMENT
KNIGHTSBRIDGE SUBDIVISION
JUU NU.
16-126
SHEET NO.
1
LOCATED tN lHE SE 1/4 OF lt1: SW 1rl4 OF SECIION 21, T.3N.. R.tE., 8.M.,
ADA COUNfi, BOISE, IDAHO
DWG. DAIE
t2/9 /2016