Ada County Emergency Medical Services Five Mile Pedestrian Pathway Easement ESMT-2022-0105 (2022-011571) ADA COUNTY RECORDER Phil McGrane 2022-011571
BOISEIDAHO Pgs=11 CHE FOWLER 02/02/2022 08:44 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2022-0105
Ada County Emergency Medical Services District
Pedestrian Pathway Easement
Above Space Reserved foi- Recol-del-'s Use 0111%
EASEMENT FOR CITY OF MERIDIAN FIVE MILE PATHWAY
THIS EASEMENT for the City of' Meridian's Five lklilc Pathwa�
Improvement at t-Tstick and Linder is made and entered into this J4,K— day of
2021. by and between ADA COU'NTY EME C RGEN -----Y MFI)ICA1.
SERVICES DISTRICT, a duly formed and existing ambulance district pursuant lo
the laws cal` the. State of Idaho (-Grantor"), and CITY OF MERIDIAN. an Idaho
Municipal Corporation (-Grantec7').
RECITALS
WHEIREAS. Grantor is the owner of' real property located at 319:5 N.
Linder Road, Meridian. Idaho 83646 on 2 portion of which the City, orkieridian
desires to establish as public pathNvay, and
WHEREAS, Grantor desires to grant an easement to establish as public
pathway and provide connectivity to present and future portions of the path4,vay:
and
WHEREAS, Grantee shall construct the pathway iniprovernents upon the
casernent described herein; and
WHEREAS'. Grantor and Grantee no\v wish to make an agreement thil,t �vilj
be recorded to document the location of the casement and docurnent the parties'
IllUtUal Understanding regarding the easement.
AGREEMENT
I Grant of Easement, On the terms aad conditions set forth hercill.
Giranlor hereby grants to Grantee a nonexclusive Easement to be used solely, for
the limited purpose of construction, operation, and maintenance of Grantee's Five
Mile Pathway on property as described in Exhibit A ( I page. legal description
EASEMENT FOR CITY OF MERIDIAN FIVE MILE PATI-1 WAY — PAGE I
and Exhibit B (1 page drawing and photographs) attached hereto and by reference
incorporated herein as if set forth in full.
2. Term. The term of this Easement is perpetual, If Grantee fails to use
the Easement for the Five Mile Pathway for a continual period of one (1) year or
more, the Easement herein granted shall automatically terminate without it being
necessary for the Grantor to take any affirmative action to terminate this
Easement.
3. Continuing Liabilit . Termination of this Easement shall not release the
Grantee from any liability or obligation hereunder resulting from any acts, omissions or
events happening prior to the termination of the Easement and restoration of Grantor's
property to its prior condition as required herein.
4. Easement Not Exclusive. This Easement does not extend to Grantee
the right to use the Easement to the exclusion of Granter for any use within
Grantor's authority and discretion.
5. No Representations by Grantor. Grantee acknowledges that Grantor has
made no representations with respect to the Grantor property or its condition, and that the
Grantee is not relying on any representations of Grantor or Grantor's agents with respect
to the use or condition of the property. This Easement grants the Grantee the rights and
privileges to access and use the property in its present conditions "as is" without any
warranties.
6. Grantee's Use of the Easement Property. This nonexclusive Easement
shall be for the use and benefit of Grantee, for the limited purpose of
construction, operation, and maintenance of Grantee's Five Mile Pathway,
together with a perpetual right of ingress and egress, and all rights and privileges
that are necessary or incidental to the reasonable and proper use. In its use and
enjoyment of the area covered by the Easement provided herein, Grantee shall
exercise its best efforts to avoid disruption of Grantor's use of 3195 N. Linder
Road, Meridian, Idaho 83646 to provide emergency medical services.
Notwithstanding this Easement, Grantee expressly acknowledges and agrees that
Grantor reserves a right of continuous access to 3195 N. Linder Road, Meridian,
Idaho 83646 through the ingress and egress driveway from the property on to N.
Linder Road. During the construction of the Grantee's Five Mile Pathway on the
Easement, Grantee shall ensure at all times that there is at least a width of sixteen
(16) drivable feet on Grantor's ingress and egress driveway from 3195 N. Linder
Road, Meridian, Idaho 83646 on to N. Linder Road to ensure that emergency
medical vehicles may enter and exit the property at any time without obstruction
or delay. After construction of the Grantee's Five Mile Pathway on the Easement
EASEMENT FOR CITY OF MERIDIAN FIVE MILE PATHWAY—PAGE 2
Page 61
is completed, Grantor's right of continuous access shall extend along the entire
width of the ingress and egress driveway from 3195 N. Linder Road, Meridian,
Idaho 83646 on to N. Linder Road, and the only use of that ingress and egress that
shall be permitted under this Easement is crossing over the ingress and egress
while traveling from one side of the Five Mile Pathway to the other side of said
Pathway.
7. Protection of Public. Grantee is solely responsible for erecting and
maintaining barricades, canopies, guard, lights and warning signs to the extent required
for protection of the public during construction, repair, or maintenance of the Five Mile
Pathway, and restoration of Grantor's property.
8. Restoration of Property. Upon completion of the construction of Grantee's
Five Mile Pathway on the Easement, Grantee shall, at its sole cost and expense, restore
Grantor's property, including, but not limited to, landscaping, lighting, and water system.
to a condition as good or better than existed prior to the construction of the Pathway. In
the event that Grantee fails to retore Grantor's property to its prior condition within 30
calendar days after completion of construction, or a different period of time subsequently
agreed to by the Grantor and Grantee in writing, Grantor may proceed with such
restoration work at the expense of Grantee.
9. No Fee. There is no fee for this Easement.
10. Binding Effect. Each and every one of the benefits and burdens of'
this Easement shall inure to and be binding upon the Grantor and the Grantee, and
shall be covenants running with the land.
11. Assignment and Licenses. Grantee shall not assign this Easement
without the prior written consent of Grantor. Grantee shall have the right to allow
contractors to use the Easement area on a temporary basis for purposes of
construction, operation, repair, and maintenance of Grantee's Five Mile Pathway
on the terms and conditions permitted herein.
12. Interpretation/Severability. If any clause, provisions, subparagraph,
or paragraph set forth in this Easement is illegal, invalid, or unenforceable under
present or future applicable laws, it is the intention of Grantor and Grantee that
the remainder of this Easement shall not be affected thereby.
13. Choice of Law and Venue. The terms and provisions contained in
this Easement shall be governed and construed in accordance with the laws of the
State of Idaho. For the resolution of any dispute arising from this Easement.
venue shall be in the courts of the County of Ada, State of Idaho.
EASEMENT FOR CITY OF MERIDIAN FIVE MILE PATHWAY — PAGE 3
Page 62
14. 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.
15. Authority. The Grantor and Grantee represent to the other that such
party has full power and authority to execute, deliver and perform this Easement,
that the individuals executing this Easement on behalf of said party have been and
are fully empowered and authorized by all requisite action to do so; and this
Easement constitutes a valid and legally binding obligation of said party
enforceable against such party in accordance with this Easement.
16. Complete Agreement. This Easement, and Exhibit A and Exhibit 11.
attached hereto, embody the complete agreement between the Grantor and Grantee
and no additional or different oral representation, promise or agreement shall be
binding on any of the parties hereto with respect to the subject matter of this
Easement. This Easement cannot be modified, altered, amended, or terminated
except by the written agreement of Grantor and Grantee.
17. Permit. If any proposed construction, relocation, or maintenance of
the Easement requires Grantee to obtain a permit, Grantee shall first obtain such
permit before commencing such work, pay the required fees, and otherwise
comply with the conditions set forth therein.
18. No Costs to Grantor. Any and all costs and expenses associated with
Grantee's construction, use, restoration, repair, or maintenance on the Easement
shall be at the sole cost and expense of Grantee.
19. Indemnification. To the extent allowed by Idaho law, including,
without limitation, Article VIII, section 3, of the Idaho Constitution, Grantee
hereby agrees to defend, indemnify and hold Grantor, its officers, agents, and
employees harmless from and against any and all claims, losses, actions, damages,
judgments, costs, expenses, including, without limitation, reasonable attorney fees
and costs, for injuries to persons or property arising out of the failure or neglect
of Grantee and its officers, employees, contractors, subcontractors or agents to
properly use, repair, or maintain the Easement and the path constructed thereon.
In the event that Grantor is alleged to be liable on account of any activities, acts,
or omissions of Grantee, its officers, agents, or employees, then Grantee shall
defend such allegations through counsel chosen by Grantor and Grantee shall bear
all costs, fees, and expenses of such defense, including but not limited to, all
attorney fees and expenses, court costs, and expert witness fees and expenses.
Nothing in this Agreement shall extend Grantee's responsibility or liability
EASEMENT FOR CITY OF MERIDIAN FIVE MILE PATHWAY—PAGE 4
Page 63
Item#5. I
beyond that required by the Idaho Tort Claims Act, Idaho Code section 6-901. et
seq.
20. Compliance with Law. Waste and Nuisances Prohibited. In
connection with Grantee's use of the Easement, Grantee covenants and agrees to:
(i) comply and observe in all respects any and all federal, state and local statutes.
ordinances, policies, rules and regulations, including, without limitation, those
relating to traffic, bicycle and pedestrian safety, the Clean Water Act, and/or to
the presence, use, generation, release, discharge, storage or disposal in, on or
under the Easement of any Hazardous Materials (defined as any substance or
material defined or designated as hazardous or toxic waste, material or substance,
or other similar term, by any federal, state, or local environmental statute,
regulation or occurrence presently in effect or that may be promulgated in the
future); (ii) obtain any and all permits and approvals required by Grantor or any
other unit of government; and (iii) commit no waste or allow any nuisance on the
Easement. Grantee covenants and agrees to indemnify and hold Grantor harmless
from and against any and all claims, demands, damages license, liabilities and
expenses (including, without limitation, reasonably attorneys' fees) arising
directly or indirectly from or in any way connected with the breach of the
foregoing covenant.
21. Notice. Any notice under this Agreement shall be in writing and be
delivered by certified mail, return receipt requested. All notices shall be
addressed to the parties at the addresses contained herein.
Grantor: Grantee:
Ada County Emergency Medical City of Meridian
Services District Attn: City Clerk
200 W. Front Street 33 E. Broadway Avenue
Boise, Idaho 83702 Meridian, Idaho 83642
22. Recording. This Easement shall be recorded in the real property
records of Ada County, Idaho.
EASEMENT FOR CITY OF MERIDIAN FIVE MILE PATHWAY — PAGE 5
Page 64
Item#5.
GRANTOR:
Board of Ada County Emergency Medical Services
District
By:
Adeck, am issioner
By:
Rya avi on, Co missioner
B
Kend eny , Commissioner
ATTEST:
l
Phil McGrane, Ada County Clerk
by Katle Reed, Assistant Deputy Clerk
STATE OF IDAHO )
) ss.
County of Ada )
On this !7" day of(2021, before me, AM-) I)uhm , a
Notary Public in and for said State, personally appeared Rod Beck, Ryan Davidson. and
Kendra Kenyon, known or identified to me to be the members of the Board of Ada
Emergency Medical Services District. who executed the instrument on behalf of Ada
County Emergency Medical Services District, and acknowledged to me that the Ada
County Emergency Medical Services District executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
ANNE M.DtJHM �.
COMMISSION#202OM2 Notary Public for Idaho
STATENOTARY BUC
OF IDAHO Residing at
Mr eoWssiON EXPIRES OW7I2028 My commission expires
EASEMENT FOR CITY OF MERIDIAN FIVE MILE PATHWAY— PAGE b
Page 65
a
GRANTEE:
City of Meridian
Robert E. Simison, Mayor 2-1-2022
Attest by Chris Johnson, City Clerk 2-1-2022
STATE OF IDAHO )
ss.
County of Ada )
On this 1st day of February, 2022 before me, Charlene Way
, a
Notary Public in and for said State, personally appeared Robert E. Simison and Chris
Johnson, known or identified to me to be the Mayor and City Clerk of the City of
Meridian, respectively, who executed the instrument on behalf of the City of Meridian,
and acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
Notary Public for Idaho
Residing at Meridian, Idaho
My commission expires 3-28-2022
EASEMENT FOR CITY OF MERIDIAN FIVE MILE PATHWAY — PAGE 7
Item#5.
EXHIBIT A
EASEMENT FOR CITY OF MERIDIAN FIVE MILE PATHWAY - EXHIBIT A
Page 67
V
Item#5.
• T-O ENGINEERS
October 7, 2021
Project No.: 210249
EXHIBIT"A"
N.Linder Pathway at Ustick
Permanent Easement
A 5 foot wide easement located in the Northeast Quarter of Section 2, Township 3
North, Range 1 West, Boise Meridian,Ada County, Idaho, being more particularly described as
follows:
COMMENCING at the Northeast corner of said Sections 2, from which the East One-
Quarter corner of said Section 2 bears S.00*01'02"E., 2699.10 feet; thence, along the east line
of said Section 2,
A. S.00°01'02"E., 86.34 feet; thence,
B. S.89°58'58"W., 50.00 feet to the west right-of-way of N. Linder Road being the POINT OF
BEGINNING; thence, along said west right-of-way the following three courses:
1) S.44°37'59"E., 7.12 feet;thence,
2) S.00°01'02"E., 389.29 feet; thence,
3) S.56°34'21"W., 5.99 feet; thence, leaving said west right-of-way, along a line parallel with
and 50.00 feet west of the east line of said Section 2,
4) N.00*01'02"W., 397.65 feet to the POINT OF BEGINNING.
The above-described strip of land CONTAINS 0.045 acres, more or less. O pALAV E N Se
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Page 68
Item#5.
EXHIBIT B
EASEMENT FOR CITY OF MERIDIAN FIVE MILE PATHWAY - EXHIBIT B
Page 69
Item#5.
EXHIBIT "B"
ix LOCATED IN THE NORTHEAST QUARTER OF SECTION 2,
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN,ADA COUNTY, IDAHO
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PHONE:(208)323-2288 WWW.TO-ENGINEERS.COM
EXILE: 250493-V�xhibit.dwg DAiE:1N2If21 JOB:216443
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