Meridian Rural Fire Storm Water Drainage EasementADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 12/04/03 02:28 PM 8
DEPUTY K8IhY Ingraham
RECORDED—REQUEST OF III IIIII�IIII'll'IIIIIIIII�I'I'II'll
Meridian Fire Station Ada County Highway District
MCZC-03-003 AMOUNT 00 103201143
T 4N, R 1 E, Section 31
(Space Reserved for Ada County Recorder)
PERPETUAL STORM WATER DRAINAGE EASEMENT
This Perpetual Storm Water Drainage Easement ("Easement") is made as of the
day of Oc,)o1v 6Z� , 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 "Grantor") and
Ada County Highway District, a body politic and corporate of the State of Idaho
(hereinafter "ACRD");
WITNESSETH:
For good and sufficient consideration it is agreed:
Section 1. Recitals.
1.1 Grantor owns a parcel of real property located in Ada County, Idaho, a
portion of which is more particularly described and depicted on Exhibit "A" attached hereto
(the "Servient Estate").
1.2 Grantor is developing the parcel for a commercial purpose, and in
connection with such development has been required to improve the adjacent public street
under the jurisdiction of ACHD which is municipally known as Locust Grove Road
(hereinafter the "Dominant Estate") to current ACHD standards where it adjoins the parcel,
including, among other improvements, the installation of curb and gutter. In order to safely
remove storm water from the Dominant Estate where it adjoins the parcel after the curb
and gutter is installed, Grantor has agreed to construct and install a storm water drainage
swale on the Servient Estate along with associated underground storm water drain lines
from the Dominant Estate into the storm water drainage swale (the swale and lines are
hereinafter referred to as the "Storm Water Drainage System").
1.3. After construction and installation of the Storm Water Drainage System it will
become a part of ACHD's highway system, and to formalize such transfer ACHD desires
to obtain this Easement from Grantor, and on the terms and conditions hereinafter set
forth the Grantor is willing to grant such Easement to ACHD.
Storm Water Drainage Easement, page 1
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Section 2. Grant of Easement
2.1 For the period and on the terms and conditions hereinafter set forth, for the
benefit of the Dominant Estate, Grantor hereby grants to ACHD an easement on and
under the Servient Estate for the Storm Water Drainage System and for the passage and
retention of storm water from the Dominant Estate to, into, on, under, over and across the
Servient Estate in the Storm Water Drainage System, and for the repair and maintenance,
reconstruction and enhancement of the same (hereafter "Authorized Use"). Enhancement
means any construction, modifications or improvements to the Storm Water Drainage
System, including, but not limited to, work on the storm water drainage swale, drain lines,
catch basin, drop inlets, street gutters, and conduit systems constructed to manage storm
water flows, surface and groundwater quality and to provide erosion and sedimentation
control so as to comply with the requirements of federal, state and local laws and
ordinances.
2.2 The Easement herein granted is exclusive to ACRD, and no structures,
fences or other improvements are to be constructed, or landscaping planted, or use
authorized on the Servient Estate by Grantor or Grantor's successors or assigns to the
underlying title thereto without the prior written consent of ACHD. Such consent will not be
given if, in its sole discretion, ACHD determines the proposed improvement and/or
landscaping and/or use may interfere with ACHD's Authorized Use of the Servient Estate.
When such consent is given, (i) Grantor has the sole responsibility to maintain and repair
such improvements, including irrigation of landscaping, and (ii) if any structures, fences,
landscaping or other improvements constructed or planted on the Servient Estate must be
removed in order for ACHD to perform its obligations to repair and maintain the Storm
Water Drainage System, the costs of removal and replacement or restoration of the same
shall be the sole obligation of Grantor, and (iii) in any use of the Storm Water Drainage
System by Grantor, Grantor shall not allow the presence, use, generation, release,
discharge, storage or disposal in, on or under the Servient Estate of any hazardous
materials. Hazardous Material is defined as any substance or material defined or
designated as hazardous or toxic waste, material or substance, or other similar term, by
any applicable federal, state or local law.
Section 3. Construction: Acceptance, Repair and Maintenance: Grantor Indemnification:
Contractor Warranties.
3.1 At Grantor's sole cost and expense, Grantor shall construct and install the
Storm Water Drainage System on the Servient Estate in accordance with designs, plans
and specifications approved by ACHD in advance and in writing, and in compliance with all
applicable statutes, ACHD policies and standards, and good engineering practices.
During construction Grantor shall give ACHD reasonable notice and opportunity to inspect
the same.
3.2 When, by written notice given Grantor, ACHD accepts the Storm Water
Drainage System as constructed and installed by Grantor on the Servient Estate, ACHD
shall maintain and repair the same thereafter, at its sole cost and expense.
Storm Water Drainage Easement, page 2
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3.3 Grantor shall enforce for the benefit of ACHD any warranties contained in
the contract for the construction and installation of the Storm Water Drainage System.
Section 4. Indemnification.
4.1 Grantor shall indemnify and save and hold harmless ACHD, its
Commissioners and employees, from and against all claims, actions, judgments and
expenses (including, without limitation, reasonable attorneys' fees incurred by ACHD in
defense thereof) for damages, injury or death caused by or arising out of Grantor's
construction and installation of the Storm Water Drainage System. In addition, if ACHD
consents to improvements and/or landscaping and/or Grantor's proposed use under
Section 2.2, Grantor shall indemnify and save and hold harmless ACHD, its
Commissioners and employees, from and against all claims, actions or judgments for
damages, injury or death, caused by or arising out of Grantor's activities, including the use
of the same, the construction, installation, maintenance and repair of improvements and/or
landscaping and/or Grantor's failure to comply with applicable federal, state and local
laws.
4.2 Grantor shall indemnify and hold harmless the Servient Estate from and
against any and all claims for liens or liens arising out of Grantor's construction and
installation of the Storm Water Drainage System on the Servient Estate.
4.3 Following its acceptance of the Storm Water Drainage System as
constructed and installed by Grantor, subject to the provisions of, and limits of liability set
forth in, Idaho Tort Claims Act, ACHD shall indemnify and hold harmless Grantor from and
against all claims, actions or judgments for damages, injury or death caused by or arising
out of its use of the same, or its failure or neglect to maintain and repair the Storm Water
Drainage System.
Section 5. Term. The term of this Easement is perpetual.
Section 6. 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 7. 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 8. Exhibits. All exhibits attached hereto and the recitals contained herein are
incorporated as if set forth in full herein.
Section 9. Successors and Assigns This 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.
Storm Water Drainage Easement, page 3
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Section 10. 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: City of Meridian
33 East Idaho Ave.
Meridian, Idaho 83642
ACRD:
Ada County Highway District
318 East 37th Street
Garden City, Idaho 83714-6499
Section 11. Recordation. This Easement shall be recorded in the Real Property Records
of Ada County, Idaho.
Grantor covenants to ACHD that ACHD shall enjoy the quiet and peaceful
possession of the Servient Estate; 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 ACHD.
Section 12. Warranty of Authority to Execute
12.1 The person(s) executing this Agreement on behalf of ACHD represent(s)
and warrant(s) due authorization to do so on behalf of ACHD, and that upon execution
of this Agreement on behalf of ACHD, the same is binding upon, and shall inure to the
benefit of, ACHD.
12.2 If Grantor is not a natural person, the person(s) executing the Agreement
on behalf of Grantor represent(s) and warrant(s) due authorization to do so on behalf of
Grantor, and that upon execution of this Agreement on behalf of Grantor, the same is
binding upon, and shall inure to the benefit, of Grantor.
IN WITNESS WHEREOF, the undersigned have caused this Easement to be
executed the day and year first set forth above.
City of Meridian
75^�:We'
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Storm Water Drainage Easement, page 4
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Attest to: =
SEAL
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Ada County Highway District
WilliarriJ. Schweitzer, Director
STATE OF IDAHO )
ss.
County of Ada )
On th's g day of C+V&[1 , 2003, before me,
ShOuA"1, a Notary Public in and for the State of Idaho,
personally appeared the �t k�o��w mor, t entified to me
to be the person who xe� is ins ru an ack we ged/ to me that he
executed the same. W iWaNVZ C7. 1�c�; COY,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
S h 60 P-1 u
N S •.• Notary Public for Idaho
•'• .•'•T '` '; Residing at: })d 62G�l-t-, ,;ado-h-�
"V�; My commission expires:-Zk-aS
1
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Storm Water Drainage Easement, page 5
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S:WCHDRW\Deeds-Easements\Storm Drain Easement -Meridian Fire Station.doc
STATE OF IDAHO )
) ss.
County of Ada )
On this rday of �-c_e , 2003, before me,
a Notary Public in and for the State of Id ho, pers.o111 My
�
Schweitzer, known or identified to me to be the r the a
`may 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, 1 have hereunto set my hand and affixed my official seal
the day, month and year in this certificate first above written.
IL
°T AR r ? Notary Pub i for the State of Idaho
* ' * = Residing at '4— , Idaho
pUBti� = My Commission expires: at
0
•o_ T�. OF 19.0•
Storm Water Drainage Easement, page 6
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Ju1.31. 2003 11;49A4
CIVIL AND RRUCTURAL ENCINEERIINC
",.o.1851 F, 4,'1
DESCRIPTION FOR: MERIDIAN FIRE STATION #3 — LOCUST GROVE ROAD STORM
DRAINAGE AREA EASEMENT Job # 104-02 7-25-2003
IN THE SE 1/4 OF SE 1/4 OF SECTION 31, T 4 N, R i E, B.M.
A portion ofthe Southeast 1/4 of the Southeast 1/4 of Section 31, Township 4 North, Range I
East of the Boise Meridian, Ada County, Idaho, more particularly described as follows:
Corrunencing at the Southeast corner of Section 31, Township 4 North, Range 1 East of
the Boise Meridian, Ada County, Idaho, which is marked by a found brass monument;
thenx North 00116'38" East 1329.50 feet along the Easterly boundary of the said
Southeast b4 of the Southeast 1/4 to a set PK Nail on the center line of North Locust Grove
Road, which is also the Northeast comer of the said Southeast 1/4 of the Southeast 1/4;
theme South 89°59'04" West 33.00 feet to a set 1/2" iron pin with a plastic cap, which is
the I ITIAI, POINT of this description.
thence South 00°16'38" West 108.90 feet along aline parallel with and 33.00 feet
Westerly of the Easterly boundary of the Southeast 1/4 of the Southeast 1/4 to a point;
thence North 89°59'04" West 12.55 feet to a point;
thence North 00116'38" East 78.90 feet to a point;
thence South 89°59'04" West 26.62 feet to a point;
thence North 00'11'56" East 30.00 feet to a point on the Northerly boundary of the said
Southeast 1/4 of the Southeast 1/4;
thence North 89059'04" East 39.21 feet along the Northerly boundary of the said
Southeast 1/4 of the Southeast 1/4, to the INITIAL POINT of this description.
This parcel contains 0.050 acre, more or less, and is subject to all existing easements and
rights of wa.i.
C:IDFSCRiVT\1(4-02hdEUweSD.D0C
Treasure Valley Engiueers, Inc.
5680 E Fraukb Rc4 Suite 220
Nampa, .idahc 83687
EXHIBIT "A"
Once: (208) 463-0305
Fax: (208) 463-4391
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