ACHD Permanent Slope EasementACHD Project No. 502005
Overland Road (Eagle Rd.
R/W Parcel No. 47
T3N, R1 E, Section 19
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 11/18/02 02:42 PM
DEPUTY Jamie Parsons
RECORDED -REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III
to Meridian Rd.) Alliance Title 1015700
AMOUNT 18.00
(Reserved for Ada County Recorder)
PERMANENT SLOPE EASEMENT AGREEMENT
THIS PERMANENT SPE EASEMENT AGREEMENT (the "Agreement'),
made and entered into this t— day of 00v8 -V_ , 2002, by and between THE CITY
OF MERIDIAN, 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, State of Idaho
as more particularly described on Exhibit "A" attached hereto and by this reference
made a part hereof (hereinafter the "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 § 40-109(5)) located in Ada County, Idaho and including the Highway which
adjoins the "Servient Estate" (the "Dominant Estate").
1.3 ACHD has reconstructed and improved the Highway on the Dominant
Estate and desires to obtain a slope easement on, under and across the Servient Estate
in order to provide structural integrity to such Highway, and, on the terms and conditions
hereinafter set forth, GRANTOR is willing to grant such easement to ACHD.
SECTION 2. Grant and Authorized Use; Use not Exclusive.
2.1 On the terms and conditions hereinafter set forth, GRANTOR hereby
grants to ACHD a perpetual easement on, under and across the Servient Estate for the
following uses and purposes and no others:
Sale and Purchase Agreement, Page 15
(8/20/2002)
the construction and for the permanent placement of rock, dirt and related clean
fill creating a slope supporting and holding up the adjacent Highway on the
Dominant Estate (hereinafter "Slope"), and for maintenance and repair of such
Slope; and access on the Servient Estate for planting of grass and other
landscaping on the surface of the Servient Estate and for related Improvements.
2.2 This Agreement does not extend to ACHD the right to use the surface of
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 guests, invitees,
agents and contractors to use and enjoy the surface of the Servient Estate and the
Landscaping thereon, and to irrigate and maintain the same, provided the physical
integrity of the Slope is not compromised by such activities.
SECTION 3. Consideration.
As consideration for the grant of this Easement ACHD agrees to:
(a) pay Grantor Two Thousand Two Hundred Seven and 40/100 Dollars
($2,207.40), receipt of which is hereby acknowledged; and
(b) plant and install the Landscaping on the Servient Estate, at no cost to
Grantor.
SECTION 4. Construction and Installation.
The construction of the Slope in, on and under the Servient Estate, and any
repair and maintenance thereof, shall be accomplished according to good engineering
practices. All costs and expenses related to the design, construction, maintenance and
repair of the Slope shall be the sole responsibility and obligation of, and shall be paid
by, ACRD. Provided, after the Landscaping of the Servient Estate is completed by
ACHD, the costs of irrigating, weeding, fertilizing, replacing diseased and dead shrubs
and plants and otherwise maintaining the Landscaping and the surface of the Servient
Estate shall be at the sole cost and expense of Grantor.
SECTION 5. Maintenance.
5.1 ACHD shall maintain the physical integrity of the Slope 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 Slope shall be at the sole cost and expense of ACHD; provided if the
damage to the physical integrity of the Slope 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.
5.2 If the Landscaping is damaged as a result of the performance by ACHD of
any repair and maintenance of the physical integrity of the Slope, at its sole cost and
expense ACHD shall promptly restore the damaged Landscaping.
Sale and Purchase Agreement, Page 16
(8/20/2002)
SECTION 6. Compliance with the Law.
In its use of the Servient Estate, ACHD hereby covenants and agrees to comply
in all respects with any and all federal, state and local statutes, law, ordinances, codes,
policies, rules and regulations.
SECTION 7. Indemnification.
ACHD hereby indemnifies and saves and holds 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 its construction of the Slope on the Servient Estate, and any repair or
maintenance thereof.
SECTION 8. Covenants Run with the Land.
This Agreement 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 9. Exhibits.
All exhibits attached hereto and the recitals contained herein are incorporated
herein as if set forth in full herein.
SECTION 10. Successors and Assigns.
This Agreement, the slope 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 11. Recordation.
This Agreement shall be recorded in the Official Real Property Records of Ada
County, Idaho.
Sale and Purchase Agreement, Page 17
(8/20/2002)
IN WITNESS WHEREOF, the undersigned have caused this Easement to be
executed the day, month and year first set forth above.
THE CIT MERIDIAN &q/,''%�
ii
By.
SEAL
BY:AAA-It.,
ADAC NTY HWAY IS ICT
y
andy Lar)4, ftht of Way Supervisor
State of Idaho )
ss.
County of Ada )
On this 1541' day of OC` 066 , 2002, before me,
WIA61n11YYUA' a Notary Public in and for the State of Idaho, personally
appeared known or identified to me to be the
�kV(office held), and A(L.. , known or identified
to me to bete (office held) of the Corporation that executed
this instrument or the persons 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.
s,�r^ •
Y 1TryO
•r -ii -.s -
Notary Public for the State of Idaho
Residing at�daGc�w�� Idaho
My Commission expires --os
Sale and Purchase Agreement, Page 18
(8/20/2002)
STATE OF IDAHO )
ss.
County of Ada )
On this ��� day of /� 2002, before me,
a Notary Public in and for the state of Idaho,
per onally appeared Randy Lane, known or identified to me to be the Supervisor of the
Right of Way Division 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.
Not ry Pu is for Idaho
Residing at:
My commission expires: p
Sale and Purchase Agreement, Page 19
(8/20/2002)
r
Ada County Highway District
Project No. 502005.0 RD202-01
Overland Road — Meridian Road to Locust Grove Road
• Parcel 47 •
Permanent Easement Description
An easement for roadway slope and irrigation purposes located in the NE '/4 of the NW '/4 of
Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more
particularly described as follows:
Commencing at a brass cap monument marking the northeasterly corner of said NE '/4 of the
NW '/4 from which a 5/8 inch diameter iron pin marking the northwesterly corner of said NE '/4
of the NW '/4 bears S 89°43'25" W a distance of 1327.75 feet;
Thence S 89°43'25" W along the northerly boundary of said NE `/4 of the NW '/a a distance of
179.60 feet to a point;
Thence leaving said northerly boundary S 0°16'35" E a distance of 45.00 feet to the POINT OF
BEGINNING;
Thence S 44°43'25" W a distance of 7.64 feet to a point;
Thence EAST a distance of 90.65 feet to a point;
Thence S 55°28'04" E a distance of 44.15 feet to a point;
Thence S 0°16'35" E a distance of 13.74 feet to a point;
Thence N 89°43'25" E a distance of 17.15 feet to a point;
Thence N 0'35'12" E a distance of 44.79 feet to a point;
Thence S 89°43'25" W a distance of 139.32 feet to the POINT OF BEGINNING.
This parcel contains 0.045 acres (1,947 square feet) and is subject to any other easements
existing or in use.
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Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated
Revised: September 24, 2002 a
� 7r�IZS�oOF
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