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
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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.
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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,
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55
Michael Femenia, PLS �-�E 0f
05/21/2018
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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
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Meridian City Council Meeting, Agenda July 10, 2018 — Page 273 of 522