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South Merdian Park Permanent Easement Lake Hazel RoadVTnrrTMerrt=MTTrP"nndW--WW COM18-0004 T2N, RIE, Sec 05 ADA COUNTY RECORDER Christopher D. Rich 2018-064347 BOISE IDAHO Pgs=7 LISA BATT 07/11/2018 12:42 PM CITY OF MERIDIAN, IDAHO NO FEE (Reserved for Ada County Recorder) THIS PERMANENT EASEMENT (the "Easement"), is made and entered into th di day of �w o —, 20_1�—, by and between City of Meridian, I municipal corporation-,) hereinafter referred to as "GRANTOR," and ADA COUNTO HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho, hereinaft referred to as "ACHD." I wfffivl:` r FUr\'­U19TUJ—,'ArV1T15VFF SECTIOIJ 1. 1.1 GRARTOR owns the real property located in Ada County, Idaho morV- 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 uDominant 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. qi U GRANTOR hereby grants to ACHD a permanent exclusive easement over ans across the Servient Estate for use by the public, including motorists, pedestrians a bicyclists, and the following uses and purposes- I (a) placement of a Public Rights -of -Way as (as defined i Code, section 40-117); Permanent Easement -1 (2/11/14) (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 ServientEstate and shalt 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 cast 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 small 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 planed on the Servient Estate. Permanent Easement - 2 (2111114) Meridian City Council Meeting Agenda July 10, 2018 — 'Page 268 of 522' SECTION B. 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 G, 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. Permanent Easement - 3 (2111114) Meridian City Council Meeting Agenda July 10, 2018 — Page 269 of 522 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 )° This record was acknowledged before me on [ D , d 1 (date) Iname(s) ofMdAd ai(s)) -- as D r - [type ofa h rrty, such as officer or trustee[ Signature of notary public My commission expires. r ?U6319-' Permanent Easement - 4 (2/11/14)___ So Hevidacty Sonat Chry— Lara- He�zet rA THE LAND GROUP, INC May 21, 2018 Project No. 116007 Exhibit "A"' SOUTH MERIDIAN; REGIONAL PARK LAKE HAZEL ROAD ACHD PERMANENT EASEMENT A 14 -foot wide 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 North One Quarter Corner common to Sections 5 and 32 of said Township 3 North, Range 1 East, (from which point the West 1/16th Corner common to said Sections 5 and 32 hears North 89°58'22" West, 1331.92 feet distant), Thence from said North One Quarter Corner, North 89°58'22" West, a distance of 348.48 feet on said Section line; Thence South 00°02`18" West, a distance of 50.00 feet to the POINT OF BEGINNING; Thence South 00.02'18" West, a distance of 14.00 feet;' Thence North 89°58'22" West, a distance of 983.36 feet to a point on the west line of said East One Half of the Northeast One Quarter of Section 5; Thence North 00001'42" West, a distance of 14.00 feet on said west line; Thence South 89058'22" East, a distance of 983.38 feet on said Section line to the point of beginning. The above described contains 0.32 acres more or less. PREPARED BY THE LAND GROUP, INC, a �► 55 Michael Femenia, PLS �-�E 0f 05/21/2018 fir Site Planning ■ Landscape Architecture a Civil Engineering a Golf Course Irrigation & Engineering • Graphic Design • Surveying 462 E. Share Drive, Suite 100 a Eagle, Idaho 83516 a P 208.939.4041 a www.thelandgroupinc.com Meridian City Council Meeting; Agenda July 10, 2018 — Page 272 of 522 Ftetx�m o'i,+btB,t1508i�+msuny�a��onuctt660TmrtaaiTtwewakwnerQ:. List FIWWByrribWwft Wh PIER MmWv.Mry2I2DI89M27AM Meridian City Council Meeting, Agenda July 10, 2018 — Page 273 of 522