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
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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
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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
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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
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