ACHD Pathway Easement - Ustick and Linder1W 35
RECORDING REQUESTED BY AND WHEN
RECORDED RETURN TO:
Steven B. Price
General Counsel
Ada County Highway District
3775 Adams Street
Garden City, ID 83714
Pathway Easement kinder Meridian
ADA COUNTY RECORDER Chfillopher 0. Rich AMOUNT .Olt 8
801SE 1DAH0 49108/41 04:06 PM
DEPUTY Vicki Allen
RECORDED -REQUEST OF J 111
ACHO 11107665 + I
Above Space Reserved For Recorder's Use OnIy
PATHWAY EASEMENT
�J_t f km b -e Ustick/Linder
THIS PTHWAY EASEMENT ("Easement"), is made and entered into this
day of 011, by and between ADA COUNTY HIGHWAY DISTRICT, a
body politic and corporate of the state of Idaho ("Grantor"), and the City of MERIDIAN,
an Idaho municipal corporation, whose address is 33 East Broadway, Meridian, Idaho
83642 ("Grantee").
RECITALS
A. Grantor owns the real propert enerally depicted on Exhibit A'and more
particularly described on Exhibit.Brhtactih ereto and by this reference incorporated
herein as if set forth in full ("Easement Property").
B. Grantor has agreed to grant to Grantee an appurtenant easement upon,
over, across, through and under the Easement Property for the purpose of pathway (as
defined in Meridian Pathways Master Plan, January 2010) maintenance and use by the
public.
AGREEMENT
1. Grant of Easement. On the terms and conditions set forth herein, Grantor
hereby grants to Grantee an appurtenant easement upon, over, across, through and under
the Easement Property for the purpose of Grantee maintaining a pathway on the
Easement Property, subject to the obligations of Grantee herein.
2. Term. The term of this Easement is perpetual.
3. Easement Not Exclusive. This Easement does not extend to Grantee the
right to use the Easement Property to the exclusion of Grantor for any use within its
jurisdiction, authority and discretion or of others to the extent authorized by law to use
public right-of-way to the extent that such other uses do not materially interfere with
Grantee's intended uses. If the Easement Property has been opened as a public highway
(as used herein the term "Highway" is as defined in Idaho Code Section 40-109(5))
PATHWAY EASEMENT -- l
Pathway Easement Linder Meridian
Grantee's authorized use is subject to the rights of the public to use the Easement
Property for Highway purposes.
4. Property for Highway Purposes. Grantee's authorized use is also subject
to the rights of holders of easements of record or obvious on inspection of the Easement
Property and statutory rights of utilities to use the public right-of-way. This Easement
is not intended to, and shall not, preclude or impede the ability of Grantor to enter into
other similar agreements in the future allowing third parties to also use its public rights-
of-way, or the ability of Granter to redesign, reconstruct, relocate, maintain and improve
its public rights-of-way and Highways as authorized by law and as it determines, in its
sole discretion, is appropriate.
5. Repairs and Maintenance. Any repairs or maintenance of Grantee's
pathway located on the Easement Property or the installation or construction of
improvements by Grantee on the Easement Property, shall be accomplished in
accordance with all applicable laws, policies, and good engineering practices.
6. No Fee. There is no fee for this Easement in accordance with that certain
Interagency Governmental Agreement for Waiver of Costs and Fees, dated June 9, 2414.
7. Maintenance, Failure to Maintain: Relocation of Utilities.
7.1 At its sole cost and expense, Grantee shall maintain the pathway on
the Easement Property in good condition and repair and as required to satisfy applicable
laws and sound engineering practices. Grantee shall have access over, across and under
the Easement Property for the purpose of accomplishing such repair and maintenance.
7.2 If the Highway and/or flood control structure on and/or adjacent to
the Easement Property is damaged as a result of the performance by Grantee of
Grantee's maintenance obligations, the failure or neglect to perform such maintenance,
and/or Grantee's use of the Easement Property, then Grantee shall, at Grantee's sole cost
and expense, correct such deficiency and restore the Highway and the surface of the
Easement Property to the same condition it was in prior thereto and, if Grantee shall fail
or neglect to commence such correction and restoration within seventy-two (72) hours of
notification therefor, Grantor may proceed to do so, in which event Grantee agrees to
reimburse Grantor for the costs and expenses thereof, including, without limitation,
reasonable compensation for the use of staff, materials, and equipment of Grantor.
7.3 Notwithstanding the provisions of Section 7.2, should an emergency
exist related to Grantee's use of the Easement Property which threatens the stability or
function of the Highway on or adjacent to the Easement Property or the safety of the
public use thereof, Grantor shall have the right to immediately perform, on behalf of,
and at the cost of Grantee, necessary emergency repairs.
8. Permit. If any proposed reconstruction, relocation or maintenance of the
Easement Property requires Grantee to obtain a permit under Grantor's policies, Grantee
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Pathway Easement Finder Mcridian
shall first obtain such permit from Grantor before commencing such work and otherwise
comply with the conditions set forth therein.
9. No Costs to Grantor. Any and all costs and expenses associated with
Grantee's authorized use of the Easement Property, or the repair and maintenance
thereof, shall be at the sole cost and expense of Grantee.
10. Indemnification. Grantee hereby indemnifies and holds Grantor harmless
from and against any and all claims or actions for loss, injury, death, damages,
mechanics and other liens, arising out the failure or neglect of Grantee, Grantee's
employees, contractors and agents, to properly and reasonably make authorized use of
the Easement Property or properly repair or maintain the Easement Property, or that
otherwise result from the use and occupation of the Easement Property by Grantee, and
including any attorneys' fees and costs that may be incurred by Grantor in defense of
such claims or actions indemnified against Grantee hereunder.
11. Compliance with Law. In connection with Grantee's use of the Easement
Property, Grantee covenants and agrees to: (i) comply with the terms of any NPDES
permit associated with storm water runoff on the Easement Property; (ii) comply with
the Master Pathway Agreement between City of Meridian and Nampa & Meridian
Irrigation District, dated December 19, 2000, Ada County Recorder Instrument Number
#100102999 and is incorporated by reference (iii) obtain and comply with any and all
permits, licenses and approvals required by any unit of government; and (iv) commit no
waste or allow any nuisance on the Easement Property. Grantee hereby agrees to
indemnify, defend, and hold Grantor and Grantors' members, employees, agents,
contractors, successors and assigns harmless from and against any and all claims for
loss, injury, death and damage caused by or arising directly or indirectly out of the use
of the Easement Property by Grantee, its mayor and city council, employees, contractors
and agents, and including, without limitation, attorneys fees and costs incurred by
Grantors and/or Grantors' successors and assigns in defending any such claims.
12. Covenants Run with the Land. This Easement shall be a burden upon the
Easement Property and shall run with the land.
13. Attorney's 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.
14. Successors and Assi ns. This Easement 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 Easement Property, or any portion thereof.
15. Recording. This Easement shall be recorded in the real property records
of Ada County, Idaho.
Signature page follows.
PATHWAY EASEMENT -- 3
ATTEST:
�GS'I`b2.� L •���
Step ie Blake, Secretary of the Board
A
City Clerk
PATHWAY EASEMENT -- 4
GRANTOR:
ADA COUNTY
a body politic ap
GRANTEE:
Pathway kawment L ndcr Meridian
AY DISTRICT,
ite of the state of Idaho
Arnold, President
CITY OF MERIDIAN
Tammy ryerd, Mayor
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Pathway Easement Linder Meridian
STATE OF IDAHO )
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County of Ada )
On this day of , 2011, before me, the undersigned notary public,
personally appeared Rebecca W. Arnold and Stephanie Blake, known or identified to me
(or proven to me on the basis of satisfactory evidence) to be the President and Secretary
of the Board of the Ada County Highway District, and acknowledged to me that the
Board of Commissioners of the Ada County Highway District executed the same.
IN WITNESS WHEREOF, I have hereunto set any hand and affixed my official
seal the tray and year in this certificate first above written.
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�pTARp kA ".0
Notary ublic
Residing at
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STATE OF IDAHO
) ss;
County of Ada }
On this _U_ day of2011, before me, the undersigned notary public for
said state, personally appeared Tammy de Weerd and Jaycee Holman known or
identified to nye (or proven on the basis of satisfactory evidence) to be the Mayor and
City Clerk of Meridian City, Idaho, and acknowledged to me that Meridian. City Council
executed the same.
IN WITNESS WHEREOF, I have hereunto set nay hand and affixed my official
seal the day and year in this certificate first above written.
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PATHWAY EASEMENT -- 5
Owner of Record: Ada County Highway District
Parcel No.: 83 1 932500 1 0
ACRD Project: Storm Frain Pond, Ustiek/Linder
S.35, T.4 N., R. i W., B. M.
Pathwalk Easement
A parcel of land situated in the Southeast Quarter of the Southeast Quarter (SEI/4
SEI/4) of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County,
Idaho, said parcel also being a portion of that Warranty Deed, filed as Instrument Number
103201122, records of Ada County, being more particularly described as follows:
Commencing at the Southeast corner of said SE 1/4 SE 1/4 of Section 35 from
which the West 1/4 comer of said Section 35 bears N 89°42'39" W, 2643.40 feet as
shown on that Record of Survey Number 6306, fled as Instrument Number 103176984,
records of Ada County, thence N 89°42'39" W, 390.01 feet along the South line of said
SE 1 /4 S E 1 /4 and centerline of Ustick Road to the Southeast comer of Farces 2 as shown
on said Record of Survey; thence N 0'12'47' W, 44.09 feet along the East boundary of
said. Parcel 2 to the POINT OF BEGINNING.
Thence continuing along the said East boundary of Parcel 2, N 01 12'47' W, 46.00
feet to a point,
Thence leaving said East boundary of Parcel 2, N 62°00'00' W, 85.30 feet;
Thence N 90'00'00" W, 320.70 feet,
Thence S 84°00'00" W, 272.69 feet;
Thence N 90°00'00" W, 100.75 feet to the west boundary of said Parcel;
Thence S 00'01'15" E, 15.00 feet along said west boundary to a point;
Thence S 90°00'00" E, 101.57 feet;
Thence N 84°00'00" E, 270.32 feet;
Thence N 90°00'00" E, 318.98 feet;
Thence S 62°00'04" E, 72.03 feet;
Thence S 0°i2'47" E, 36.90 feet;
Thence S 89°42'39" E, 15.00 feet to the Paint of Beginning
Said described Sidewalk Easement contains 12,269 square feet or 0.28 acres.
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