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ACHD Sidewalk EasementT3N R1 Sec 25 Meridian City Hall MCZC-07-036 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 04/03/08 02:33 PM DEPUTY Lisa Irby RECORDED -REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III ACHD 108038580 (Reserved for Ada County Recorder) J PUBLIC RIGHT-OF-WAY EASEMENT (SIDEWALK) THIS RIGHT-OF-WAY EASEMENT (SIDEWALK) (the "Easement"), is made and entered into this/day of 2008, by and between City of Meridian, a municipal corporation whose current address is 33 E Idaho, Meridian, ID 83642, 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") and is in the process of developing the property adjoining the Servient Estate, and on the terms and conditions hereinafter set forth, GRANTOR desires to grant this easement on, over and across the Servient Estate to ACHD for the public uses and purposes hereinafter described, reserving the right, however, to construct a concrete sidewalk and, where applicable, traffic signal facilities including but not limited to conduit, wiring and equipment (hereinafter the "Improvements") thereon. 1.2 On the terms and conditions hereinafter set forth ACHD desires to extend its system of public sidewalks and, where applicable, traffic signal facilities to include that to be constructed by GRANTOR on the Servient Estate, and upon GRANTOR's completion of construction of the Improvements on, over and across the Servient Estate, and when ACHD has accepted the same, ACHD desires that the Improvements and the Servient Estate become a part of its system of Highways (hereinafter "Highways") as that term is defined in Idaho Code, section 40-109(5), for ACHD and the public use hereinafter described. ACHD's system of Highways is hereinafter referred to as the "Dominant Estate". Sidewalk Easement, page 1 (2-18-08) S:WCHDRW\Karen & Nan\Deeds-Easements\Sidewalk Easement -Meridian City Hall 3-08.docx 1.3 As provided in Idaho Code, section 40-1412, ACHD Ordinance Number 190 and the ACHD Policy Manual, the adjacent property owner has the responsibility to pay for the repair and maintenance of sidewalks. 1.4 ACHD shall repair and maintain any traffic signal facilities at its sole cost and expense upon their acceptance. SECTION 2. Grant and Authorized Use. GRANTOR hereby grants to ACHD a perpetual and exclusive easement for a public right-of-way on, over and across the Servient Estate for the Improvements, for use by those members of the public who are pedestrians (as defined in Idaho Code, section 49-117) and by bicyclists (if the Servient Estate is located in an area where bicycles are allowed to be ridden on sidewalks), and the statutory rights, if any, of utilities to use the public right-of-way, and for ACHD, its employees, agents and contractors access to inspect, repair and maintain the Improvements. SECTION 3. Reservation of Access for Construction by GRANTOR; Covenant to Construct; Repair and Maintenance. 3.1 GRANTOR reserves access to and from the Servient Estate for GRANTOR and GRANTOR's employees, agents and contractors to construct the Improvements thereon. 3.2 GRANTOR covenants and agrees to construct the Improvements on the Servient Estate in accordance with designs approved in advance by ACHD, in writing, ACHD policies and good engineering practices, at no cost or expense to ACHD. SECTION 4. GRANTOR's Indemnification. 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 the construction of the Improvements, and including reimbursement for any costs of suit and fees of its attorneys which are incurred should ACHD be required to defend any such claims or actions. SECTION 5. Term of Easement. The term of the Easement herein granted to ACHD is perpetual. SECTION 6. Covenants Run with the Land. This Easement is a burden upon the Servient Estate and appurtenant to and for the benefit of the Dominant Estate, and shall run with the land. SECTION 7. Recordation. Sidewalk Easement, page 2 (2-18-08) S:\NCHDRW\Karen & Nan\Deeds-Easements\Sidewalk Easement -Meridian City Hall 3-08.docx This Easement shall be recorded in the Official Real Property Records of Ada County, Idaho. 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 throughout the term hereof; 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. IN WITNESS WHEREOF, this Easement has been duly executed by the GRANTOR the day, month and year herein first above written. GRANTOR City of Meridian Tammy De STATE OF IDAHO ) J14SC', 4o ) ss. a%EeSf�c! County of Ada ) C., +'L? s On ^^this day of 2008, before me, Q�a m• VfP, , a Nodiifor the State of Idaho, personally appeared Tam��p ,D� rd,� AN' identti ied to me to be the Mayor of the Municipal Corporation �h'at�e�xe�c�ed 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 month and year in this certifi ate first above written. • Y • ®; otary Public or Idaho p x. Residing at: ui 1b U, toMy commission expires: tib -t 1-1 Sidewalk Easement, page 3 (2-18-08) S:\ACHDRW\Karen & Nan\Deeds-Easements\Sidewalk Easement -Meridian City Hall 3-08.docx ELK MOUNTAIN ENGINEERING 77 Date: January 07, 2008 Project:. 125-01 Page: .1 of 1. EXHIBIT °4A" SIDE 11 ALK EASEMENT iVIERIVAN CITY HALL PROPERTY A Ten (10.00) foot wide sidewalk easement located[ in Lots 2.1 through 25 of the. Amended Plat of Block No. 1 of the Townsite of Meridian, located in the Southwest I/4 of Section 7,.Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho being more particularly described as follows: Commencing at the West I/4 corner of said Section 7 being at the intersection of Pine Avenue and North Meridian Road; thence along the West line of said Section 7 being the centerline of North Meridian Road South 00017'15" West: 660.45 feet to thb intersection of East Broadway Avenue and North Meridian Road; thence along centerline of East Broadway Avenue South 89°48'49" East 190.99 feet; thence leaving. said East Broadway Ave. centerline South 00011' 1. l" gest 40-00 feet to the South Right -of -Way of East Broadway Avenue being the POINT OF BEGINNING; thence along said South Right -of -Way, line South 89°48'49" East 144.67 feet; thence leaving said South Right -of -Way line South OO°11' l 1" West 10.00 feet; thence along a line para] lel with and ten (10.00) feet South of said South Right -of -Way line North 89°48'.49" West 144.67 feet; thence leaving said parallel line North 00°11' l 1" East 10.00 feet to the POINT OF BEGINNING. The sidelines of said easement are to be extended or shortened to .create a continuous ten (10.00) foot wide easement. 4286 E. Amity Ave. Ste. 101 • Nampa. ID 83687 • Phone (208) 466-4601 • Fax (208) 466-4608 - Internet; www.elkmtn.ce Civil Engineering- Surveying • Planning E— z r) w �E w ZQ Q oZ w -� z� ._i o 2 'S c�—no LYIp Nmd C) 00 n_j ¢ o Lo ca ry CJ ~ -7 ? t� DQ �J r UM ®� Of L. N Q (�t Cl- 4 tp Uj>C3J'L Q W IJ VIVA IH RJON 0] L 2'. W � F- � <z z 0 O x z z A a <0 w p w p '3 Q5 O ®� a tiNJ is J1 11 1LLJ i I `08 W u: 'li li r qo'o g Z1 M,, L L, L L.os'` It_ a a LL!nU� <p z OLLJ C- IM i• v ON18Y38 j0 SSVG 1,A„C-L,LL.OS a�l NdIGI�Ilh Hl.JON OOhto It I o O M �' �'Yr d- `i J d• EE ILL] t 0) co 00 , t� M., N I00 W u: 'li li r qo'o g Z1 M,, L L, L L.os'` It_ a a LL!nU� <p z OLLJ C- IM i• v ON18Y38 j0 SSVG 1,A„C-L,LL.OS a�l NdIGI�Ilh Hl.JON OOhto -c, Ld p O M O J ui La _z oo.r�b.o cnzz�nrn J Lit