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Joint School District-Western Ada Recreation District Easement Agreement - Fuller Park - Chaparral Elementary EXHIBIT "C-1" ' r r l + n /- �; I' io U) d, 0 1 U >. uk [' N [ fig _ ti U. 31 f �l (til G , L I - U I nt - 1 (, l rt 96017929 I, � �A.ti.��. I'.r•JI/r{f1ER � � ( VARRO ` OO BOISE ID J c m' R E C ii,i OF Page 1 of 11 .! 08/14/2018 3:51 PM y . l�i��UCf1UE;? EASE FIZNT AGRLNT_ This Agreement is made this 27H'11-day of Feb u-a!:� , 1996, by and between Western Ada Recreation District, a political subdivision, hereinafter referred to as the "GRANTOR", and Joint School District No. 2, hereinafter referred to as the "GRANTEE, " RECITALS WHEREAS, Grantor is the owner of certain real property located in the city of Meridian, county of Ada, state of Idaho, hereinafter referred to as the "servient tenement, , " which real property is more particularly described on Exhibit "A" attached hereto and incorporated in full by this reference; and WHEREAS, Grantee is the owner of a certain parcel of real property contiguous to Grantor' s above-described property, hereinafter referred to as the "dominant tenement", which is more particularly described on Exhibit "B" attached hereto; and WHEREAS, Grantee desires to acquire certain rights in the servient tenement. NoW, THEREFORE, it is agreed by and between the parties as follows: 1 . Grant of Easement. For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grar_ts to Grantee, and to Grantee' s successors in interest, an easement as hereinafter described. 2 . Character_ of Ea,5Pment, The easement granted herein is EASEMENT AGREEMENT - Page 1 Page 2 of 11 08/14/2018 3:51 PM 1:!'��UU�Ufi•� appurtenant to the dominant tenement. 3. Description of Easement . The easement granted herein is granted for the purpose of allowing secondary emergency vehicle ingress and egress to and from the dominant tenement . 4 . Location of Easement. The easement granted herein shall be ten (10) feet in width and is generally located near the northern border of the servient tenement between the paved parking lot and the northwest corner of the dominant tenement, and is more particularly described in exhibit "C" attached hereto and incorporated in full by this reference. S. QsQ by QrantQe, The easement granted herein shall permit the Grantee and its agents to use the above-described portion of the servient tenement for emergency vehicle ingress and egress to and from the dominant tenement. At such time as Grantee is required to provide emergency vehicle access to its school site, Grantee shall construct a paved roadway within the easement from the parking lot located or. Grantor' s property, and connect said roadway with the school parking lot to be located on the Grantee' s property. 6. Jse by Grantor. Although Grantor achnoi•:ledges that Grantee is required to install a locked gate at the point that the emergency veh.:.cle access enters the Grantee' s property, upon the mutual agreement of the parties hereto, Grantor' s patrons using Grantor' s adjacent parr will be entitled to park their vehicles in the Grantee' s parking lot when such use does not conflict with school EASEMENT AGREEMENT -- Page 2 Page 3 of 11 08/14/2018 3:51 PM purposes . 7_ Con ruction of Asph ltRQad. Grantee shall, at no cost nor expense to Grantor, construct an asphalt road within the boundaries of the real property described in Exhibit "C", capable of adequately supporting emergency vehicles with a weight of up to 70, 000 lbs . B . Use by Dominant Tenant. The easement granted herein shall permit the o::ner of the dominant_ tenement anc• its agents to use the above-described portion of the servient tenement for emergency veh-cle ingress and egress to and from the dominant tenement, 9. NonexQlusive Easemant, The easement granted herein is nonexclusive, The owner of the servient tenement shall retain the right to use the effected property so long as that use does not interfere with the easement granted hereby. 10 . Maintenance and Repair. All costs involved in the maintenance and/or repair of this easement, including snow removal, shall be the sole responsibility of the Grantee. e . Grantee 's Riaht to Additional Working „ Spase During nz� ru ` i n. During construction, clean-up, and restoration operations, Grantee shall have the right to extend the boundary of the Premises by ten feet (10' ) on the south side of the easement . i-iowever, after completion of the construction of the roadway, Grantee shall have no further right to the temporary working space; and Grantee' s right shall be limited solely to the easement EASEMENT AGREEMENT - Page 3 Page 4 of 11 08/14/2018 3:51 PM -001066 described above_ 9. Re5tor:�ticn of Surface. After completing the construction of the asphalt roadway as set forth herein, Grantee shall restore the surface of the Premises as near to its original condition as may be possible, all within a reasonable time. 10. Assignment. The rights granted in this agreement may not be assignable together or separately and in whole or in part, without the prior %-.ritten consent of the parties hereto, which consent shall not be unreasonably withheld. 11 . Warranty ,of _Title. Grantor covenants that Grantor is the owner of the Premises and has the right, title, and capacity to gra:.t the easement granted in this agreement . 12 . Hotd Narmless . The Grantee shall save and hold Grantor harn. less from any and all liability for personal injury and property damage resulting from, or in any way connected with, the construction of the asphalt roadway, except liability for personal injuries or property damage caused solely by the negligence or wrongdoing of the Grantor or Grantor' s agents or employees . 13 . EffecL_ o Agreerien-t. `this agreement shall be binding orn the heirs, legal representatives, successors, and assigns of the parties . 11 . Authority to Grant. The undersigned parties executing this Agreement on behalf of the Grantor and Grantee represent that they have been duly authorized to execute this Agreement . EASEMENT AGREEMENT - Page 4 Page 5 of 11 08/14/2018 3:51 PM 12 . Entire Agreement . This instrument contains the entire Agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force or effect excepting a subsequent modification in writing signed both parties. 13 . Bindina Effect . This instrument shall bind and enure to the benefit of the respective heirs, personal representatives, successors, and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above-written. GRANTOR: WESTERN ADA RECREATION DISTRICT By: - Its: GRANTEE: JOINT SCHOOL DISTRICT NO. 2 By: /�w hLL Bob Haley, S erintendent EASEMENT AGREEMENT - Page 5 i Page 6 of 11 08/14/2018 3:51 PM l���t)UItJt;S STA^E OF IDAHO ) } ss, County of Ada ) On the _�.7r--�- day of �, 1996, before me, the undersigned, a Notary Public in and for said State, personally appeared Bob Haley, known to me to be the Superintendent of JOINT SCHOOL DISTRICT NO, 2 and the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same:on behalf of JOINT SCHOOL DISTRICT NO. 2 . c *:IN( OtITNESS VIHEREOF, I have here unto set my hand and affixed b�'.of"fi'cl Wit'- Seal this day and year in this certificate first above- wri-�tpn, Notary ublic f r Idaho s� Residing at Idaho �'; i;�`•?.• Commission Expires : 4/i%4 /aB STATE OF IDA110 ) ss, County of Ada ) On the 1.3 day of /' 1996, before me, the undersigned, a Notary Public in and fcj said State, personally appeared Uc l+ 0 . C a known to me to be the �,^+✓s; of Western Ada Recreatio District and the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same on behalf of Western Ada Recreation District. IN WITNESS WHEREOF, I have here unto set my hand and affixed duly by official seal .l+?�'J� j91f,#4nd year in this certificate first above- wri tten, '' ;'�`�..... h'o l w' ` notary Public for -Idaho j, 6.UBLIG••''_ Residing at Idaho �.�T ''• '• `;• Commission Expires : 57- f;�7 EASEMENT AGREEMENT - Page 6 Page 7 of 11 08/14/2018 3:51 PM A tract of :arid in the r;� of Section 10, T•3 N. , R.1 W. 11.M- , Add Cc.unty, Idaho being more particularly described as follows: Commencing at a brass cap monument marking the section corner commc,n to Sections 2. 3. 10 and 11, T.3 N- , R.1 W. ©.m., Ada Cc,jnty, Idaho, from which a brass cap monument marking the one-quarter corner common to said Sections LU and 11 bears S.0'UU'OU"W. , 2656,41 feet, thence S.0'Ou'O0"W along the SC::tlOn line common to said Sections 10 and 11, 132B.23 feet to the southeast corner Of the NE�NE1 of said Section 10: thence I .69'38'47"W. along the south boundary line of said NF Sjrf . t326.21 feet to the northeast corner of tihe of said Section 10, the real point of beginning; V 1 thence ;.u'U 3'S1"W. 663.56 feet to the southeast corner of sz,i-1 NC'aSW�NEt-4; thence ;.89'37'22"W„ 663.51 feet to the southwest corner of sd Ld rIEI SW�NE�. thence ;.89' 37'22"w. along the south boundary li.ne of the ;W�.SW''jNI:; of said Section 10, 73.23 feet to a point on the centerline of the Ten Mile Drain as said Centerline t9 described an that certain Quitclaim Deed recorded in Hook 121 of Deeds at Page 23, Records of Ada County; thence u.56'52'W. (same as N.56'47'W, on said Quitclaim oeed)along sild centerline, 567.63 feet to a point: thence along said centerline on a curve to the Left with a radius of 286.48 feet, a central angle of 23'02' and whose long cord bears N.08'23'W. , 114.39 feet to a point; thence •d."9'54'W. (same as N.79'49*w_ on said Quitclaim Deed) along .aid centerline, 1305 .50 feet to a point: chance ,long said centerline on a curve to the right w.th a radiu . of 141.24 feet, a central angle of 17'40'35" and whose long chord bears N.7U'59'43"W. , 44.35 feet to a paint on the west boundary line of the NLISEIINW4 of said Section lU, thence 1.0'01'49"E. along said west boundary line, 79.41 feet t ) the northwest corner of said N�SEtiAN"; thence - .B9'38'07"E. along the north boundary line of said N�SE4NW 330.06 feet to d point; thence .,.77'38' E• , 700.37 feet to a point: thence 1.U'45'W. , 79.71 feet to a point; thence 1.69'41'E., 661.52 feet to a point; thence r.2'35'W. , 193.84 Eeet to a point; thence .,.6U'44'E. , 277.86 feet to a point on the north boundary lin., of the NWkSW"E;A of said Section 10; thence :..89'38'47"E. , 69.04 fact to the northeast corner of sa-d Nlei�jSW1iNF� : thence : .89'38'47"E. along the north boundary line of the NE�SW�NE', of said Section 1U, 663.14 feat to the real point of beginning. Said tr. ct of land contains 21.964 acres more or less, subject to eESements and/or rights-of-way of record or in use. The above described property has been acquired and/or developed with Federal financial assistance pursuant to the Land and Water Conservation Fund Act, 16 U.S.C. S460d, 4601-4 through 11. There- fore, pur3ualt to 16 U.S.C. 5 4601-8 (f) (3) this property's use shall not be converted to any use other than public outdoor re- creation use without the approval of the Secretary of the Interior. The requirements for approval of any conversion of the described property's u:e are set forth in 16 U.S.C. S4601-8(t) (3) . This document has been recorded to provide notice to potential property use converteis of this restrictive covenant upon the property's use. Exxxsir ^A• �U� Page 8 of 11 08/14/2018 3:51 PM EXHIBIT ,T HUBBLE ENGINEERING, INC. r9y Prt T025 EM010 1 Wit 7M t b0150.IM 03T41 2901 jzalu8z • Fad R901 iv5-0zF5 � svavEy� LEGAL DESGRIP ION FOR JOINT SCHOOL DISTRICT NO. 2 f compo5iTE DESCRIPTION OF PARCELS A. B, AND C A pascal of lent] loratad in the SE1/4 of tha.NE1/4 of Section 10, T,3N., A.1w., 6_M., Ada County, Idaho, coon pwVcutarty described as follows: Commencing at the Quarter corner common to Section 10 and 11, T.3N.. R.1w„ B.M.. thence North 00W'03•West, 11,328.03 feet to tho N1/19 vornar; thence North 89138'33' Wact, 1.3.26.26 feat to the NEi/16 comer and the REAL POINT OF BEGINNING. tha-nM South 89439'33' East, 791.04 feet to a point: thence South 00°01'550 West, 363.82 feet W a point; thence North a8.37'17-West, 191.3T feet to a point; thenrz- South 00*00'03• Eeat, 609.64 feet to a point in the center of the Test tJlll/p Stub Drain: thence along the center of the Ten Mile Stub Drain .North 67630'48" West, a5-.39 font to a paint; thence North 66.1139'00'Walt, 357.4o Feet to a point; thence South 89°35100"West, 23.Up feet to a point; thence North 65.24'00"West,49.70 feet to a point; thence North E532'12"West, 126.19 feet to a point on the West boundary of the SE114 of the NE1/4; thence departing the center of tha Ter? Milo Stub Drain North 00•03'53" Vast, 8-96 feet to the C-S-NE 1164 corner; P20DO - Joint School Dist. 2 (7/7J92) Page 1 of 2 Page 9 of 11 08/14/2018 3:51 PM JIUU1[►: thence continuing North 00='53" East. 663.52 feet to the Point of Beginning. Containing 12.0 scros. rnom or less. Prepared by: HIJBBLE ENQINEEFUNG, INC. or rE6 R Y P EJ b. Terry Peugh. LS. DTP/dk91235.des 92088 -Jo1nt School DIM 2 (7/71g2) Page 2 of 2 Page 10 of 11 08/14/2018 3:51 PM EXHIBIT "C" A ten (101 ) foot wide asphalt paved emergency access easement through the northern portion of the park. The easement starts at the approximate center of the existing parking lot and continues east - north of the existing restroom building and east along the northern edge of the existing ball field o the west property line of the Meridian School District Elementary school site. This easement is illustrated on the diagram drawn by Leatham and Krohn, architects, Boise, Idaho, attached hereto as Exhibit "C-111 . 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