ACHD Permanent Slope/Cut EasementACHD Project #501019 ADA COUNTY RECORDER J. DAVID NAVARRO
Franklin Road, Main to Nola BOISE IDAHO 04/15/03 04:22 PM 5
Parcel #3 DEPUTY Michelle Turner
T3N, R1 E, Section 18 RECORDED -REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III
First American
AMOUNT 15.00 103062568
(Reserved for Ada County Recorder)
PERMANENT SLOPE/CUT EASEMENT AGREEMENT
THIS PERMANENT SLOPE/CUT EASEM�NT AGREEMENT (the "Agreement"),
made and entered into this 11" day of /`� , 2003, by and between CITY OF
MERIDIAN, a Municipal Corporation, hereinafter referred to as "GRANTOR", and
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, State of Idaho
as more particularly described on Exhibits "A" and "B" 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 abuts
and adjoins the "Servient Estate" (the "Dominant Estate").
1.3 ACHD is improving, reconstructing and/or constructing the Highway on the
Dominant Estate and desires to obtain a slope/cut easement on, under, over and across
the Servient Estate in order to provide structural integrity to such Highway and/or
stability to the adjacent embankment, and, on the terms and conditions hereinafter set
forth, GRANTOR is willing to grant such easement to ACRD.
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, over and across the Servient Estate
for the following uses and purposes and no others:
(a) the construction and for the placement of base material, dirt and related
clean fill creating a permanent fill slope supporting the adjacent Highway on the
Dominant Estate and/or the construction of a permanent cut slope allowing for the
stability of the embankments which adjoin the Highway on the Dominant Estate
(hereinafter collectively "Slope"); and for maintenance and repair of such Slope.
Permanent Easement, Page 1
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
landscape and irrigate the same, provided the structural integrity of the Slope is not
compromised by such activities.
SECTION 3. Consideration.
As consideration for the grant of this easement, ACHD agrees to pay GRANTOR
Five Thousand Six Hundred Eighty-seven and 50/100 Dollars ($5,687.50), receipt of
which is hereby acknowledged.
SECTION 4. Construction and Installation.
The construction of the Slope on, under, over and across 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, the costs of irrigating, weeding, fertilizing,
replacing diseased and dead shrubs and plants and otherwise maintaining any
landscaping placed or installed on the surface of the Servient Estate after completion of
the construction of the Slope by ACHD shall be at the sole cost and expense of
GRANTOR.
SECTION 5. Maintenance
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. Unless necessitated by acts of GRANTOR,
GRANTOR's guests, invitees, contractors or agents: (i) the repair and maintenance of
the structural integrity of the Slope, and (ii) the restoration of any landscaping planted or
installed after completion of the construction of the Slope necessitated by repairs and
maintenance to the structural integrity of the Slope by ACHD, shall be at the sole cost
and expense ACHD.
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.
Permanent Easement, Page 2
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 by or under the authority of ACHD.
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.
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be
executed the day, month and year first set forth above.
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1
Permanent Easement, Page 3
CITY ¢f "ERIDIAN, a Municipal Corporation
A r A •
CT
Right of Way Supervisor
State of Idaho
County of Ada
On this
ss.
4- day
Cil
wuAlelk- , 2003, before me,
_, a Notary Public in and for the State of Idaho,
personally apeipred Rob e r4- D. Cor r known or identified to me to
be the 46tMd..r, and wtjjta;�. 6. Tr- - known or identified to me to
be the o`f 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.
STATE OF IDAHO )
ss.
County of Ada )
Notary Public for the State of Idaho
Residing at �i�^� Idaho
1'(
My Commission expires //-ax-64-1
On this 13+x. day of r�\ a r c � , 2003, before me,
K
4, %. �- e i'. S V" . , 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
Right -of -Way Division for 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.
R
Nor �n••:
�' 4 �• •p e
IC rc
'••.,� �DAH�•�•�.•.
Permanent Easement, Page 4
Notary Publicor the State of Idaho
Residing at C -w- Idaho
My Commission expires a ot
EXHIBIT "A"
Ada County Highway District
Project No. 501019.0
Franklin Road (East 1St to Nola)
• Parcel 3 •
Permanent Easement Description
An easement for roadway slope purposes located in Government Lot 1 of Section 18, Township
3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as
follows:
Commencing at a brass cap monument marking the northwesterly corner of said Government Lot
1, from which an aluminum cap monument marking the northeasterly corner of the NW t/4 of
said Section 18 bears N 89°19'51" E a distance of 2401.71 feet;
Thence N 89'19'51" E along the northerly boundary of said Government Lot 1 a distance of
643.06 feet to a point;
Thence leaving said northerly boundary S 0°40'09" E a distance of 55.00 feet to the POINT OF
BEGINNING;
Thence S 85°45'43" E a distance of 56.83 feet to a point;
Thence S 88°28'37" E a distance of 51.04 feet to a point;
Thence N 87°13'22" E a distance of 52.40 feet to a point;
Thence N 85°38'35" E a distance of 48.36 feet to a point;
Thence N 87°07'59" E a distance of 49.57 feet to a point;
Thence N 85°36'33" E a distance of 50.56 feet to a point;
Thence N 87°13'06" E a distance of 2.61 feet to a point;
Thence N 1'56'44" W a distance of 1.00 feet to a point;
Thence S 88'03'l 6" W a distance of 202.16 feet to a point;
Thence S 89°9'51'' W a distance of 108.71 feet to the POINT OF BEGINNING.
This parcel contains 0.030 acres (1.300 square feet) and is subject to any easements existing or in
use. w1SRED
Prepared by: Glenn K. Bennett. PLS m a�`'(� ." !*-
Civil Survey Consultants, Incorporated 5 07
Revised: November 21, 2002 `A
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