South Meridian Regional Park Permanent Easement Lake HazelSouth Meridian Regional Park
COM18-0004
T2N, R1 E, Sec 05
ADA COUNTY RECORDER Christopher D. Rich 2018-053319
BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 06/11/2018 09:32 AM
CITY OF MERIDIAN, IDAHO NO FEE
(Reserved for Ada County Recorder)
FaANTW���IR
THIS PERMANENT EASEMENT (the "Easement"), is made and entered into this
•. • (2LJ '7 20JL, by and between City of Meridian, a
municipal corporation! hereinafter referred to as "GRANTOR," and ADA COUNTY
HIGHWAY DISTRICT, a body politic and corporate • the State of • hereinafter
-• to as "ACHD."
WITNESSETH:
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").
1.2 ACHD has jurisdiction over the public highways, including sidewalks, and
public rights-of-way which adjoin and are adjacent to the Servient Estate (hereinafter
the "Dominant Estate").
1.3 ACHD desires to obtain an easement on, over and across the Servient
Estate for the purposes hereinafter described, and, for the consideration and on the
terms and conditions hereinafter set forth, GRANTOR is willing to grant such easement
to ACHD.
SECTION 2. Grant of Easement and Authorized Uses.
GRANTOR hereby grants to ACHD a permanent exclusive easement over and
across the Servient Estate for use by the public, including motorists, pedestrians and
bicyclists, and the following uses and purposes:
(a) placement of a Public Rights -of -Way as (as defined in Idaho Code, section
40-117);
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(b) construction, reconstruction, operation, maintenance and placement of a
Highway (as defined in Idaho Code, section 40-109) and any other facilities or
structures incidental to the preservation or improvement of the Highway;
(c) statutory rights of ACHD, utilities and irrigation districts to use the Highway
and/or Public Right -of -Way.
SECTION 3. Permanent Easement• Covenants Run with the Land.
This is a permanent easement. This Easement, and the covenants shall be a
burden upon the Servient Estate and shall run with the land. The 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.
SECTION 4. Appurtenant.
The Easement herein granted is appurtenant to the Dominant Estate and a
burden on the Servient Estate.
SECTION 5. Maintenance.
Upon acceptance of the Highway, ACHD shall maintain the physical integrity of
this easement in good condition and repair and as required to satisfy all requirements of
applicable laws, the policies of ACHD and sound engineering practices. The repair and
maintenance of the physical integrity of the Easement shall be at the sole cost and
expense of ACHD; provided if the damage to the physical integrity of the Easement is
as a result of the activities of GRANTOR, GRANTOR'S guests, invitees, contractors or
agents, the repair shall be at the sole cost and expense of GRANTOR. This Section
shall not release GRANTOR'S obligation to provide routine maintenance required under
any applicable state or local law, ordinance or regulation as to the pedestrian facilities
that may be placed on the Servient Estate.
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Meridian City Council Meeting Agenda May 8, 2018 — Page 1361 of 416
SECTION 6. Indemnification.
ACHD shall, subject to the limitations hereinafter set forth, indemnify, save
harmless and defend regardless of outcome GRANTOR from expenses of and against
suits, actions, claims or losses of every kind, nature and description, including costs,
expenses and attorney fees caused by or arising out of any negligent acts by the ACHD
or the ACHD's officers, agents and employees while acting within the course and scope
of their employment, which arise from or which are in any way out of ACHD's
construction, use and maintenance on the Servient Estate. Any such indemnification
hereunder by the ACHD is subject to the limitations of the Idaho Tort Claims Act
(currently codified at chapter 9, title 6, Idaho Code). Such indemnification hereunder by
the ACHD shall in no event cause the liability of the ACHD for any such negligent act to
exceed the amount of loss, damages, or expenses of attorney fees attributable to such
negligent act, and shall not apply to loss, damages, expenses, or attorney fees
attributable to the negligence of GRANTOR.
SECTION 7. Recordation.
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; and, GRANTOR warrants to ACHD that GRANTOR
is lawfully seized and possessed of the Servient Estate and has the right and authority
to grant this Easement to ACHD.
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Meridian City Council Meeting Agenda May 8, 2018 — Page 137 of 416
IN WITNESS WHEREOF, the undersigned have caused this Easement to be
executed the day, month and year first set forth above.
STATE OF IDAHO)
)ss.
County of Ada
City of Meridian
ByTn de Weerd
Its: r: arriyr
r
This record was acknowledged before me on Hr" 13 , 9—C) r-3-
by_0haMeng WU j [date]
[name(s) otindividual(s)] Y
as
[type of authority,
0 Oswego& ,
QPUuU
ss
Signature of notary public
#so OF
,•'!o'rAli';y;
'Possess0'
My commission expires: S-Rl-orkau-
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L�a ire-
ITS
EXHIBIT LIST
Exhibit "K. Legal description of Servient Estate.
Exhibit "B". Legal depiction of Servient Estate.
The Ada County Highway District (ACHD) is committed to compliance with Title V1 of the Civil Rights Act
of 1964 and related regulations and directives. ACHD assures that no person shall on the grounds of
race, color, national origin, gender, disability or age, be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity,
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Meridian City Council Meeting Agenda May 8, 2018 — Page 139 of 416
May 4, 2018
Project No. 116007
El
THE LAND GROUP, INC.
Exhibit "A"
SOUTH MERIDIAN REGIONAL PARK
LAKE HAZEL EASEMENT DESCRIPTION
An easement located in the East One Half of the Northwest One Quarter of Section 5, Township 2 North, Range
1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows;
Commencing at the One Quarter Corner common to said Sections 5 and 32 of said Township 3 North, Range I
East (from which point the West 1/16th Section Corner common to said Sections 5 and 32 bears North
89*58'22" West, 1331.92 feet distant);
Thence from said One Quarter Corner, North 89*58'22" West, a distance of 348.48 feet on said Section line to
the POINT OF BEGINNING;
Thence South 00*02'18" West, a distance of 50.00 feet;
Thence North 89*58'22" West, a distance of 983.38 feet to a point on the west line of said East One Half
of the Northeast One Quarter of Section 5;
Thence North 00*01'42" West, a distance of 50.00 feet on said west line to a point on the Section line
common to said Sections 5 and 32;
Thence South 89*58'22" East, a distance of 983.44 feet on said Section line to the point of beginning.
The above described easement contains 1.13 acres more or less.
PREPARED BY:
THE LAND GROUP, INC.
James R. Washburn
01
Site Planning * Landscape Architecture 9 Civil Engineering * Golf Course Irrigation & Engineering - Graphic Design 9 Surveying
462 E. Shore Drive, SLWWiOGOCgo&,uW*H*0629\sodoV"'.3 AZW-~~Vbupinc.com
NORTHEAST CORNER
SECTION 5
T.2N., RAE., B.M. W. LAKE HAZEL ROAD
S89057'04"E 1331.87' - BASIS OF BEARING -
N89058'22"W 1331.92' POB -
S.314S
.32 AL
SL9:58'22"E 983.44-
S.6 S.5 T—NO0001'42"W 50.00' S00°02'18"W 50.00'—
4, --------- ---------
N89058'22"W 983.36
50'ACHD EASEMENT
AREA: ± 1. 13 ACRES
Exhibit "B"
HORIZONTAL SCALE: t"= 200'
NORTH 1/4
SECTION 5 —
T.2N., RAE., B.M.
,\ 5.32
N89058'22"W 348.46 S.5
0 200' 400'
1 1 1
Meridian City Council Meeting Agenda May 8, 2018 — Page 141 of 416
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THE LAND GROUI
Docoracobaw
462 1-t A— Dn S.W 100
I Date of Issuance: 004/208 1
Sheet No.:
1 of 1