Public Right-of-Way Easement with ACHD for City of Meridian Eagle Rd, Victory to Ridenbaugh Canal~?
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 E
BOISE IDAHO 09/08/05 02:39 PM
DEPUTY Neava Haney III I I II'I II I I' II II I II I'I II I I II'lll'II
RECORDED-REQUEST OF 1~35130~89
Eagle Rd, Victory to Ridenbaugh Canal ACHD
Project No. 504043
Parcel No. 13
T.3N, R.IE, Section 20
(Reserved for Ada County Recorder)
PUBLIC RIGHT-OF-WAY EASEMENT G,~ ~ ~~`
(GUARDRAIL)
THIS PUBLIC RIGHT-OF-WAY EASEMENT (GUARDRAIL) (the "Easement"), is
made and entered into this ~ day of ~ til ~, 2005, by and
between CITY OF MERIDIAN, a municipal rporation, 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 on the terms and conditions hereinafter set
forth desires to grant an easement on, over and across the Servient Estate to ACHD for
its and the public uses hereinafter described.
1.2 ACHD has jurisdiction over the public highways, and public rights-if-way
which adjoin and are adjacent to the Servient Estate (hereinafter the "Dominant
Estate").
1.3 ACRD desires to obtain an easement on, over and across the Servient
Estate for its and the public uses hereinafter described, and, for the consideration and
on the terms and conditions hereinafter set forth, GRANTOR is willing to grant such
easement to ACHD.
SECTION 2. Grant and Authorized Use.
2.1 On the terms and conditions hereinafter set forth, GRANTOR hereby
grants to ACHD a perpetual easement on, under, over and across the Servient Estate
for the following uses and purposes and no others:
(a) construction of a guardrail and for the placement of fill dirt and related
clean fill to support said guardrail on the Servient Estate (the "Improvement").
Guardrail Easement, page 1
(11 /19/01)
2.2 This Agreement does not extend to ACRD the right to use the surface of the
Servient Estate to the exclusion of GRANTOR, and ACHD's rights under this
Agreement are subject to the rights of the GRANTOR and GRANTOR's guests,
invitees, agents and contractors to use and enjoy the surface of the Servient Estate and
landscape and irrigate the same, provided the structural integrity of the Improvment is
not compromised by such activities.
SECTION 3. Construction and Installation. All costs and expenses related to the
design and construction of the Improvement shall be the sole responsibility and
obligation of, and shall be paid by, ACRD.
SECTION 4. Repair and Maintenance. ACHD shall maintain the physical integrity of
the Improvement in good condition and repair and as required to satisfy all
requirements of applicable laws, the policies of ACHD and sound engineering practices.
Unless necessitated by acts of GRANTOR, GRANTOR's guests, invitees, contractors
or agents: (i) the repair and maintenance of the structural integrity of the Improvement,
and (ii) the restoration of any landscaping planted or installed after completion of the
construction of the Improvement necessitated by repairs and maintenance to the
structural integrity of the Improvement by ACHD, shall be at the sole cost and expense
ACHD.
SECTION 5. Compliance. In constructing the Improvement ACHD covenants and
agrees to comply in all respects with its policies and good engineering practices.
SECTION 6. Indemnification. ACHD shall indemnify and hold GRANTOR harmless
from and against any and all claims, demands liabilities and expenses (including,
without limitation, reasonable attorneys' fees), for damages, injury or death arising
directly or indirectly from or in any way connected with the construction of the
Improvement.
SECTION 7. Term of Easement. The term of the Easement herein granted to ACHD
is perpetual.
SECTION 8. 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 9. Recordation.
This Agreement shall be recorded in the Official Real Property Records of Ada
County, Idaho.
TO HAVE AND TO HOLD this Easement unto the ACRD 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
Guardrail Easement, page 2
(11/19/01)
r
warrants to the ACRD that GRANTOR is lawfully seized and possessed of the Servient
Estate and has the right and authority to grant this Easement to ACRD.
IN WITNESS WHEREOF, the undersigned have caused this Easement to be
executed the day, month and year first set forth above.
GRANTOR
City of Meridian, a municipal corporation
By. -~
:~.
Mayo ~ ~ ~''
•" 6;tl
Attest: ~ ~'`
By: -
City Clerk
V
ADA COUNTY HIGHWAY DIST ''
~,~ ~ ,
>:, .~
By
Bruce G. ills, Manager, ROWDS Dept.
EXHIBIT LIST
Exhibit "A". Legal description of Servient Estate.
Guardrail Easement, page 3
(11 /19/01)
STATE OF IDAHO )
ss.
County of Ada )
On this ~ day of Jai , 2005, before me a Notary Public in and
for said State, personally appeared »~ we e ~~ and ~~,-~ Cs-+-e~w ,
known to me to be the Mayor an~(I rk 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,
day and year fir~t~eboMe~~itten.
~••••~~~CE L. Sa!'i~
••'•~ ~ r'~~~~~~'• .rte ~''.
~ .~-
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STATE OF IDAHO )
ss.
County of Ada )
I have hereunto set my hand and affixed my official seal the
Notary Pu
Residing
My Notary
Idaho
rid i Q
mission Expires
Idaho
On this 3 ~ ~ day of ~ ~ ~ ~T , 2005, before me, ~~ ~~~~e.
~ , S •~- ~~~ , a Notary Public m and for the State of Idaho, personally appeared Bruce
G. Mills, known or identified to me to be the Manager, ROWDS Department of the Ada County
Highway District, the person who executed this instrument of behalf of said District, and
acknowledged to me that the Ada County Highway District executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year fi~.elosup~ written.
,~~8RIN8~.,1
~4~ t .,
'* N O p,IR '!'~~
y GBLIC ,~'*
I~~~~ MNN ~~~,
~'•.,~1' ID A~~•0••
Notary Public for Idaho
Residing at:
My commission expires: ~ 6 /v
Guardrail Easement, page 4
(11 /19/01)