Public Right of Way Easement Sidewalk with Ada County Highway District ACHD for Meridian Fire Station 5ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 01117!08 01.31 PM
T4N R1 W Sec 26
Meridian Fire Station #5 -MCZC-07-225
EPUTY Gail Garrett
~ECORDED REQUEST OF ~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~'~ ~ ~~~
Meridian City i 0800603.
(Reserved for Ada County Recorder)
PUBLIC RIGHT-OF-WAY EASEMENT
(SIDEWALK)
THiS RIGHT-OF-WAY EASEMENT (SIDEWALK) (the "Easement"), is made and
entered into this 8~=day of ~a~~-~ ~,~, 2008, by and between City of Meridian
whose current address is 33 E Idaho Street, Meridian, ID, hereinafter referred to as
"GRANTOR," and ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of
the State of Idaho, hereinafter referred to as "ACHD";
WITNESSETH:
FOR GOOD AND SUFFICIENT CONSIDERATION IT IS AGREED:
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") and is in the process of developing the property
adjoining the Servient Estate, and on the terms and conditions hereinafter set forth,
GRANTOR desires to grant this easement on, over and across the Servient Estate to
ACHD for the public uses and purposes hereinafter described., reserving the right,
however, to construct a concrete sidewalk (hereinafter the "Improvement") thereon.
1.2 On the terms and conditions hereinafter set forth ACHD desires to extend
its system of public sidewalks to include that to be constructed by GRANTOR on the
Servient Estate, and upon GRANTOR's completion of construction of the Improvement
on, over and across the Servient Estate, and when ACHD has accepted the same,
ACHD desires that the Improvement and the Servient Estate become a part of its
system of Highways (hereinafter "Highways") as that term is defined in Idaho Code,
section 40-109.(5), for ACHD and the public use hereinafter described.. ACHD's system
of Highways is hereinafter referred to as the "Dominant Estate".
1.3 As provided in Idaho Code, section 40-1412, ACHD Ordinance Number
190 and the ACHD Policy Manual, the adjacent property owner has the responsibility to
pay for the repair and maintenance of the Improvement.
SECTION 2. Grant and Authorized Use.
GRANTOR hereby grants to ACHD a perpetual and exclusive easement for a
public right-of-way on, over and across the Servient Estate for the Improvement, for
Sidewalk Easement, page 1
S:WCHDR1MKaren &Nan\Deeds-Easements\Sidewalk Easement-MCZC-07-225-Meridian Fire Station #5 1-08.docx
use by those members of the public who are pedestrians (as defined in Idaho Code,
section 49-117) and by bicyclists (if the Servient Estate is located in an area where
bicycles are allowed to be ridden on sidewalks), and the statutory rights, if any, of
utilities to use the public right-of-way, and for ACHD, its employees, agents and
contractors access to inspect, repair and maintain the Improvement.
SECTION 3. Reservation of Access for Construction by GRANTOR; Covenant to
Construct; Repair and Maintenance.
3.1 GRANTOR reserves access to and from the Servient Estate for
GRANTOR and GRANTOR's employees, agents and contractors to construct the
Improvements thereon.
3.2 GRANTOR covenants and agrees to construct the Improvements on the
Servient Estate in accordance with designs approved in advance by ACRD, in writing,
ACHD policies and good engineering practices, at no cost or expense to ACHD.
SECTION 4. GRANTOR's Indemnification. GRANTOR shall indemnify and save and
hold harmless ACHD, its Commissioners and employees, from and against all claims,
actions or judgments for damages, injury or death caused by or arising out of the
construction of the Improvement, and including reimbursement for any costs of suit and
fees of its attorneys which are incurred should ACHD be required to defend any such
claims or actions.
SECTION 5. Term of Easement. The term of the Easement herein granted to ACHD is
perpetual.
SECTION 6. Covenants Run with the Land .
This Easement is a burden upon the Servient Estate and appurtenant to and for
the benefit of the Dominant Estate, and shall run with the land.
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 throughout the term hereof; and, (b) GRANTOR
warrants to the ACHD that GRANTOR is lawfully seized and possessed of the Servient
Estate and has the right and authority to grant this Easement to ACHD.
Sidewalk Easement, page 2
(11-19-01)
S:WCHDR1MKaren &Nan\Deeds-Easements\Sidewalk Easement-MCZC-07-225-Meridian Fire Station #5 1-08.docx
IN WITNESS WHEREOF, the GRANTOR has caused this instrument to be subscribed
this ~ ~' day of ~ h-~c u"- y ~\~p~$,,,,,,
APPROVED: ~ ```~~ "~~ ~ fi~~'T:
Tammy de Weer , I ayor = ~~~ _ ~ '
STATE OF IDAHO ) '''~~~ TT 'g~~~( ~~,.~`~~\
County of Ada )
h
ON THLS ll~ day of ~ U~. , 2008, before me a Notary Public
in and for said State, personally appeared Tam y de Weerd, known to me to be the
Mayor of the City of Meridian., the municipal corporation that executed and attested the
within instrument, and acknowledged to me that they executed the same,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
My Notary Commission Expires 1(~- ~5- 1 1
My Notary Bond Expires Id-11--1 1
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Notary Public for Idaho ~..•••:•..~
Residing at (~~~~ ,Idaho
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Sidewalk Easement, page 3
(11-19-01)
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