Heroes Park EasementsAOA COUNTY RECORDER J. DAVID NAVARf~Q 5
BOISE IDAHO fl6101/04 03:24 PM ~ {~`~~9~~~./
DEPUTY Bonnie Oberbilflg
RECORDED-REQUEST DF
Ada County r~gaw~y ~s9 I!I I~IINllllil~~lllilllillll~ ~ I II
ANIDUNT .00 104068411
This sheet has been added ~ docuanent
t~ ac~r~~n~ae~date recording a.x~oaic~nati~ne
RE-RECORD INSTRUMENT #104062668 '~
TO CORRECT SECTION 1.4
ADA CDUiVTY AECDRDEA J. DAVID NAVAAflO 4
60iSE IDAHO 05/~/f14 02.39 PR1
DEPUTY Bonnie Oberbit9g
RECORDED-REQUEST OF , .
Ada Couegr Nigltway Dlst
AMOUt4T .g0 194062568
1bl1ASTE1<t. IPERPETIJAI. STORNd 'VAT ~)!l; ®AK;:E EASEl6iENT
This Master Perpetual Storm Water Drainage Easement ("Master Easement") shall be
appurtenant to and run with certain subdivisions of land in Ada. County, Idaho. When this Master
Easement is incorporated by reference to its recorded Instrument Number in a recorded
subdivision plat or other instrument affecting land, the owners} of the subdivision or laud and
their successors and assigns in interest shall be bound by all of the provisions set forth in this
Master Easement.
This Master Easement is made, entered into and effective as of the date of the recording of the
final plat by and between the owner(s) of the subdivision (hereinafter "Grantor's and Ada
County Highway District, a body politic and corporate of the State of Idaho (hereinafter
"ACl•ID").
WITNESSETH:
Section 1. Recitals.
1.1 ACRD is organized as a single county-wide highway district pursuant to Title 40,
Chapters I3 and 14, Idaho Code; and owns the public rights-of--way in Ada County, pursuant to
Section 40-2302 Idaho Code, except those publicrights-of-way under the jurisdiction of the State
of Idaho;
1.2 ACRD has exclusive general supervisory authority aver all public highways,
public streets, and public rights-of--way iti Ada County, except State highways, with full power to
establish use standards and to control access to said public highways, public streets, and public
rights-of--way pursuant to Section 40-1310 Idaho Code, and has jurisdiction over ditches,
culverts, and any flooding in or over the public rights-of--way pursuant to Sections 40-2321, 40-
2322, 40-2323 Idaho Code;
I.3 Grantor owns a parcel of real property located in Ada County, Idaho, a portion of
which is more particularly described and depicted on the final plat of the subdivision (the
"Servient Estate"} that references this Master Easement;
I.4 Grantor is developing a subdivision, and in order to safely remove storm water
from the Iocal andlor collector streets dedicated to ACRD upon recording of the plat of said
subdivision (such local andlor collector streets are hereinafter referred to as the "Dominant
Estate") Grantor has agreed to construct and install a storm water drainage facility on the
Servient Estate along with associated underground storm water drain lines from the Dominant
Estate into the storm water drainage facility (the facility and Imes arc .hereinafter referred to as
the "Storm Water Drainage System");
1.5 It is the intent of ACRD and Grantor to simplify the process of negotiating
separate agreements for each Storm Water Drainage System and to confirm the understanding
between the parties with respect to ACIiD's and Grantor's respective requirements for such
Storm Water Drainage Systems, all consistent with the parties' respective rights and obligations
under Idaho law; and
1.6. After construction and installation of the Storm Water Drainage System it shall
become a dedicated part of ACHD's highway system pursuant to Section 40-2302 Idaho Code.
ACHD's acceptance of the final subdivision plat shall be deemed its acceptance and
confirmation of the dedication pursuant to Section 40-2302 Idaho Code. To formalize such
transfer and dedication ACRD desires to obtain this Master Easement from Grantor, and on the
terms and conditions hereinafter set forth the Grantor is willing to grant such Master Easement to
ACRD.
Secrion 2. Grant of Easement.
2.1 For the period and on the terms and conditions hereinafter set forth, for the benefit
of the Dominant Estate, Grantor hereby grants to ACRD an easement free and clear of
encumbrances on and under the Servient Estate for the Storm Wafer Drainage System and for the
passage and retention of storm water from the Dominant Estate to, into, on, under, over and
across the Servient Estate in the Storm Water Drainage System, and for the repair and
maintenance, reconstruction and enhancement of the same (hereafter "Authorized Use"}.
Enhancement means any construction, modifications or improvements to the Storm Water
Drainage System, including, but not limited to, work on the storm water drainage facility, drain
lines, catch basins, drop inlets, street gutters, and conduit systems constructed to manage storm
water flows, surface and groundwater quality and to provide erosion and sedimentation control
so as to comply with the requirements of federal, state and local laws and ordinances.
2.2 The Easement herein granted is exclusive to ACRD and only ACRD or its
authorized representative is permitted to conduct an Authorized Use on or under the Servient
Estate. Furthermore, the exclusivity of the easement precludes the granting of any additional
easements for the Servient Estate. No stractures, fences or other improvements are to be
constructed, or landscaping planted (other than grass), nor any other use or encrnachment shall
be permitted on the Servient Estate by Grantor or Grantor's successors or assigns to the
underlying title thereto, without the prior written consent of ACRD. Such consent will not be
given if; in its sole discretion, ACRD determines the proposed improvement and/or landscaping
and/or use may interfere with ACHD's Authorized Use of the Servient Estate. When such
consent is given, (i) Grantor has the sale responsibility to maintain and repair such
improvements, including irrigation of landscaping, and (ii) if any structures, fences, landscaping
or other improvements constructed or planted on the Servient Estate must be removed in order
for ACRD to perform its obligations to repair and maintain the Storm Water Drainage System,
the costs of removal and replacement or restoration of the same shall be the sole obligation of
Grantor, and (iii) in any use of the Storm Waxer Drainage System by Grantor, Grantor shall not
allow the presence, use, generation, release, discharge, storage or disposal in, on or under the
Servient Estate of any hazardous materials. Hazardous Material is defined as any substance or
material defined or designated as hazardous or toxic waste, material or substance, or other
sinular term, by any applicable federal, state or local law.
Section 3. Construction- Acceptance- ~.epair and Maintenance- Grantor Indemnification•
Contractor Warranties.
3.1 At Grantor's sole cost and expense, Grantor shall construct and install the Storm
Water Drainage System on the Servient Estate in accordance with designs, plans and
specifications approved by ACRD in advance and in writing, and in compliance with all
applicable statutes, ACFID policies and standards, and good engineering practices. Durin$
construction Grantor shall give ACRD reasonable notice and opportunity to inspect the same.
3.2 When, by written notice given. Grantor, ACRD accepts the Storm Water Drainage
System as constructed and installed by Grantor on the Servient Estate, ACRD shall maintain and
repair the same thereafter, at its sole cost and expense.
3.3 Grantor shall enforce for the benefit of ACRD any warranties contained in the
contract for the construction and installation of the Storm Water Drainage System.
Section 4. indemnification.
4.1 Grantor shall indemnify and save and hold harmless ACi-ID, its Commissioners
and employees, from and against all claims, actions, judgments and expenses {including, without
limitation, reasonable attorneys' fees incurred by ACRD in defense thereof] for damages, injury
or death caused by or arising out of Grantor's construction and installation of the Storm Water
Drainage System. In addition, if ACRD consents to improvements and/or landscaping and/or
Grantor's proposed use under Section 2.2, Grantor shall indemnify and save and hold harmless
ACRD, its Commissioners and employees, from and against ail claims, actions or judgments for
damages, injury or death, caused by or arising out of Grantor's activities, including fhe use of the
same, the construction, installation, maintenance and repair of improvements andlor landscaping
and/or Grantor's failure to comply with applicable federal, state and local laws.
4.2 Grantor shall indemnify and hold harmless ACRD from and against any and all
claims for liens or liens arising out of Grantor's construction and installation of the Storm Water
Drainage System an the Servient Esta#e.
4.3 Following its acceptance of the Storm Water Drainage System as constructed and
installed by Gramor, subject to the provisions of, and limits of liability set forth in the Idaho Tort
Claims Act, ACRD shalt indemnify and hold harmless Grantor from and against all claims,
actions or judgments for damages, injury or death caused by or arising out of its use of the same,
or its failure or neglect to maintain and repair the Storm Water Drainage System.
Section 5. Term. The term of this Master Easement is perpetual.
Section 6. Relinquis,~men#. ACRD may relinquish its rights under this Master Agreement at its
sole discretion and only in writing.
Section 7. Covenants Run with the Land. Throughout the term of this Master Easement, it shall
be a burden upon the Servient Estate and shall be appurtenant to and for the benefit of the
Dominant Estate, and shall run with the land.
Section 8. Attome~s Fees and Costs. In any suit, action or appeal therefrom to enforce or
interpret this Master Easement, the prevailing party shall be entitled to recover its costs incurred
therein, including reasonable attorneys' fees.
Section 9. Successors and Assigns. This Master 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 I0. Notices. All notices given pursuant to this Master Easement shall be in writing and
shall be given by personal delivery, by United States Maii Certified, Return Receipt Requested,
or other established express delivery service (such as Federal Express), postage or delivery
charge prepaid.
Section 11. Confirmation A Bement. Grantor shall execute a Confirmation Agreement with
ACRD acknowledging and affirming that Grantor is bound by the terms and provisions of this
Master Easement and that this Master Easement is appurtenant to and runs with the land in
benefit of the Storm Water Drainage System identified and depicted on the Grantor's recorded
final plat of the subdivision.
Section 12. Recordation. This Master Easement shall be recorded in the Real Property Records
of Ada County, Idaho.
Grantor covenants to ACHD that it shall enjoy the quiet and peaceful possession of the
Easement on the Servient Estate; and (b) Grantor warrants to the ACRD that Grantor has the
right and authority to grant this Master Eas to ACRD
J S. Franden
ident 8oazd of Commissioners
Ada County Highway District
STATE 4F IDAHO )
ss.
County of Ada )
On this (~1'~ ~"ay of -Y~ 2 W~, before me, ~u ~ 4 n ~K ~,S (4 u ~,-~e r , a
Notary Public in and for the State o Idaho, personally appeared John S. Frand~wn or
identified to me to be the President of the Boazd of Commissioners of the Ada County Highway
Distric#, the person who executed this instirrument on behalf of said District, and acknowledged to
me that the Ada County Highway Dis~ict executed the same.
IN WITNESS WHEREQF, I have hereunto set my d and affixed my official seal the
day and ove written.
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~}'° ~~ 9, Notary Public for Idaho }
~ Residing at: ~au.,a.. ~ ~. t~..v
"' ~•+ * ~ My commission expires: ~ L4 --$ - Z ~"U °1 .
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ENGINEERS • SURVEYORS • PLANNERS
Date: 2/ 9/09
Exhibit "A"
Pathway Easement
Project No.: 2411
A pathway easement located in the SW1/4 of the NW1/4 of Section 26, T. 4 N., R.1 W.,
B.M., Ada County, Idaho, being the northerly 25 feet of a parcel of land described by Quitclaim
Deed Inst. No. 341397, deed records of said Ada County, being more particularly described as
follows:
Commencing at west 1/4 comer of said Section 26, a found 5/8 inch rebar, C.P.&F., Inst
No. 99113293, comer records of said Ada County; Thence a bearing of N 00°20'42" E, a distance
of 957.99 feet, on the west boundary of said Section 26, to a found 5/8 inch rebar, being the
southwest corner of Silverleaf Subdivision No. 1, Book 93, pages 11103-11105, plat records of said
Ada County, and the northwest comer of said parcel of land described by Quitclaim Deed Inst
No. 341397, deed records of said Ada County; Thence a bearing of S 89°08'38" E, a distance of
25.00 feet, on the south boundary of said Silverleaf Subdivision No. 1, to a point on the east right
of-way boundary of North Ten Mile Road, being the TRUE POINT OF BEGINNING of said
easement
Thence a bearing of S 89°08'38" E, a distance of 268.30 feet, on said south boundary of
Silverleaf Subdivision No. 1, to a found 5/8 inch rebar, being the northeast corner of said parcel of
Iand described by Quitclaim Deed Inst No. 341397; Thence a bearing of S 00°20'25" W, a distance
of 25.00 feet, on the east boundary of said parcel of land described by Quitclaim Deed Inst No.
341397, to a point; Thence a bearing of N 89°08'38" W, a distance of 268.31 feet, to a point on said
east right-of-way boundary of North Ten Mile Road; Thence a bearing of N 00°20'54" E, a
distance of 25.00 feet, on said east right-of-way boundary of North Ten Mile Road, to the POINT
OF BEGINNIlVG.
Said described easement contains 0.15 acres, more or less.
Prepared by Rennison Fodrea, Inc.
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