Recreational Pathway Easement with Ada County Highway District for Ustick Linder~' M i w t ,,,~ ,,,,r
Nwf-N~• Iax~x~ l.~ada Mnthti~a
~ ~ 0. IYeA AMOENR .N i
RECORDING REQUESTED BY ANO WHEN 0~11~111 IAN
RECORDED RETURN ?'O: ~ ~ ~~ ~I~I~~~N~IN~lll~ll
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Ada Cou~Ky Highway Destrict SEP 14 2 t
3775 Adams Street
GArckn City ID 13714 CITY OFC{~ ~.~
Parks & Recreaii n ~ ept.
I4baa-r t~c~rvcd ~~r Rd's t}use El~~ f ~. ~
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~'.~ ~ km ~ ~ ~- Ustickl~i~dcr
~. TNIS P TH~'AY EASEMENT ("Easement" is made and entere .
~. }~ d into thts
day of Ol l b -and between AD
y ~! COUNTY HIC3~IWAY DISTRICT, a
body politic and corporate of the state of Idaho {"Grantor"), and the Cit of MERIDIAN
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an Idaho muntc~p~l corporation, whose address ~s 33 .East Braadv~a , :Meridian, Idaho
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~3b~2 { t3rantee ~.
~t~ClTALS
A. Grantor owns the real pr ert enerall de f cted on ~x~ibit A'~nd o e
p y p mr
particularly described on Ex~ibit•~' t1~ ereto and b this refEre ce inco rated
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herein as ~f set forth m full {"Easement Praperty"~.
B. ~ra~tor has agreed to grant to Grantee an appurten-ant easement u on,
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over, across, through and undt~r the Easement Property for the purse of .pathway {as
defined in Meridian Pathways Master Flan, January x010} maintEnance ~cnd use b the
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public.
ACRE~~IENT
1. ,rant of Easement. On the terms and conditions .set forth herein, Grantor
hereby grants to Grantee an appurtenant easement upon, ovEr, across, throe h and under
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the Easement Property far .the purpose of grantee maintaining a ath~ray on the
P
~asemcnt Property, subject to the obitgat~ons of Grantee herein.
Z. ~. The term ~f this Easement is perpetual.
3. Eant Not Exclusive, This Easement does not e~ctend to Grantee the
right to use the Easement Property to the e~cclusion of Grantor for an use within its
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~urfsd~ct~on, author~t~r and discretion or of others to the extent authorized by law to use
public right-of-way to the extent that such other used do not material! interfere with
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Grantees intended uses. If the Easement Property has been opened as a ublic hi hwa
. p g y
(as used herein the term "Highway" is as defined in Idaho Code Section ~0-109(5
})
PATFt~IAY EAS~~iEfviT •• f
I't~th~~~~~~ F~.unxnt l nd~~r A~~~tic~is~n
Grantee's autharized use is subject to the rights of the public to use the Easement
Property far lli~hway purposes.
4. Property to Highway Purposes. Grantee"s autharized use is also subject
to the rights of holders of easements of record or obvious on inspection of the Easement
Aroperty and statutory rights of utilities to use the public right-ot=way. This Easement
is not intended to, and shall not, preclude ar impede the ability off' Grantor to enter .into
other similar agreements in the future allowing third parties to also use its public rights-
of--way, or the ability of Grantor to redesign, reconstruct, relocate, maintain and improve
its public rights-of=way and Highways as autharized by law and. as it determines, in its
sole discretion, is appropriate.
5. Iteoairs, a_nd Maintenance. Any repairs or maintenance of Grantee's
pathway located on the Easement Property or the installation or construction of
improvements by Grantee an the Easement Property, shall be accomplished in
accordance with all applicable laws, policies, and good engineering practices.
~. N Fee. There is no fee far this Easement in accordance with- that certain
Interagency Governmental Agreement for waiver of Gosts and Fees, dated June 9, 2010,
7. Maintenance, Faire to Maintain; Relocation of Utilities.
7.1 At its sole cost and expense, Grantee shall maintain the pathway on
the Easement Property in good condition and repair and as required to satisfy applicable
laws and sound engineering practices. Grantee shall have access over, across and under
the Easement Property far the purpose of accomplishing such repair and maintenance.
7,2 If the Highway andlor flood control structure on andlor adjacent to
the Easement Property is damaged as a result of the performance by Grantee of
Grantee's maintenance obligations, the failure or neglect to perform such maintenance,
andlor Grantee's use of the Easement Property,. then Grantee shall,, at Grantee's sole cost
and expense, correct such deficiency and restore the Highway and the surface of the
Easement. Property to the same condition it was in prior thereto .and, if Grantee shall fail
ar neglect to commence such correction and restoration within seventy-two X72} hours of
noti~catian therefor, Grantor may proceed to da so, in which event Grantee agrees. to
reimburse. Grantor for the costs and expenses thereof, including, without limitation,
reasonable compensation for the use of staff, materials, and equipment of Grantor.
7.3 Notwithstanding the provisions of Section 1.2}-should an emergency
exist related to Grantee's use of the Easement Property which threatens the stability or
function of the i-lighway on or adjacent to the Easement Property or the safety of the
public use thereof, Grantor shall have the right to immediately perform, an behalf af,
and at the cost of Grantee, necessary emergency repairs.
$. Pe~ rn~it. If' any proposed reconstruction, relocation or maintenance of the
Easement Property. requires Grantee to obtain a permit under Grantor's policies, Grantee
t'AT~{~VAY EASEMENT -- 2
I'i}Ih«~~i}~ I;~s~itknl l.indcr I~icri~li~rn
shall first obtain such permit from Grantar before commencing such work and athc:rwise
comply with the conditions set forth therein.
9. No Casts to Grantor. Any and all costs and. expenses associated with
Grantee's authorized use of` the Easement Property, or the repair and maintenance
thereof, shall be at the sole cost and expense of Grantee,
1 ~. Indemnification. Grantee hereby indemnifies and holds Grantar harmless
franc and against any and all claims or actions for loss,. injury, death, damages,
mechanics and .other liens, arising out the failure or neglect ot` Grantee, Grantee's
employees, contractors and agents, to properly and reasonably make authorized use of
the Easement Property or properly repair or maintain the Easement .Property,. or that
otherwise result from the use and occupation of the Easement Property by Grantee, and
including any attorneys' fees and costs that may be incurred by Grantor in defense of
such claims or actions indemnified against Grantee hereunder.
11. Ci, ompliance w th .Law. In connection with Grantee's. use of the Easement
Property, Grantee covenants and agrees to: ~i} comply .with the terms of any NPDES
permit associated. with storm water runoff on the Easement Property; tii}.comply with.
the Master Pathway Agreement between City of Meridian and Nampa & 1Vleridian
Irrigation 1rJistrict, dated December 19, 2~~0, Ada County Recorder Instrument Number
#1OO102999 and is incorporated by reference viii) obtain and comply with any and all
permits, licenses and approvals required by any unit of government; and ~iv~ commit no
waste or allow any nuisance on the Easerent Property. grantee hereby agrees to
indemnify, defend, and hold Grantor. and Grantors' members, employees, agents,
contractors, successors and assigns harmless from and against any and all claims for
Loss, injury, death and .damage caused by or arising directly or indirectly out of the use
of the Easement Property by Grantee, its mayor and city council, employees, contractors
and agents, and including, without limitation, attorneys fees and costs incurred. by
Grantors andlor Grantors' successors and assigns in defending any such claims.
12. Covenants Run with the Land. This Easement shall be a .burden upon the
Easement Property and shall run with the land.
13. Attorney,'s Fees and Cis, In any suit, .action or appeal therefrom to
enforce or interpret this Easement, the prevailing party shall be entitled to recover its
casts incurred the-rein, including reasonable attorneys' fees.
14. Successors and Assigns. This E~setnent and the covenants and agreements
herein contained shall inure to the benefit of, and be binding upon, the parties hereto
and their successors and assigns to the Easement Property, or any portion thereof.
1 S. Recording. This Easement shall be recorded in the real property records
of Ada County, Idaho,
Signature page follows.
PATHWAY EASEMENT -- 3
f',tth~til~' I~~t~~rm~nt I,inc~r hl~ridiun
G~ANTGR:
AAA C~UN'fY hiIGHWAY 1)IS'I'RICT,
a body politic a orporate cif the state of Idaho
By'
Re e c .Arnold, Aresident
ATTEST.
/ ,
Step nie Blake, Secretary of the Board
GRANT~~:
CITY OF MERIDIAN
Tammy , erd, Mayor
~'ATHWAY EASEMENT -• 4
r~ch«~~y ~:~s~nicut l.sndcr Meridi;~n
S~l `A't'1~ UP IDAI-ItJ }
^~
County of Ada }
Can this day of , 201 I, before n1e, the undet•signed notary public,
pe~•soaally appeared Rebecca W. A.i•nold and Stephanie Make, known or identified to nae
for p~•oven to me on the basis of satisfactory evidence} to be the President and Secretary
of the 13oa~•d of the Ada .County highway District, and acknowledged to me that the
Board of Commissioners of the Ada County highway District executed the swine.
IN wITN~SS 1~l.BEREOh`, I have hereunto set my
seal the day and. year' in this cer•ti ficate first above written,
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Notary ubl~c
~'"~' Residing at
Rr"
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STATE OF IDAHO }
ss:
County of Ada )
hand and affixed my official
. .. ~ .
~n this ~ day of , 20l I, before me, the undets~gned notary public for•
said state, personally appeared Tammy de V~eerd and Jaycee Hol~nar~ known o~•
identified to me {or proven on the basis of satisfactory evidence} to be the Mayot• and
City Cleik of Meridian City, Idaho, and acknowledged to me that Meridian City Council
executed the sa~rte.
IN WITNESS ~U~ERECF, I have hereunto set tuy hand and affixed my official
seal. the day and year in this certificate first above written.
Rc~idi~lg at••'
~:o~nn~. Expires
PATt-IwAY EASEMENT «- S
Owner of Record: Ada County Highway District
Aarcel No.; R3 i 932500 ! 0
ACRD Arajcct: Storm Drain Pond, Ustick/Linder
5,35, T.4 N., R.1 W., B.M.
Pathwalk Easement
A parcel of land situated in the Southeast quarter of the .Southeast carter I/
SE 114 of Q (SE 4
Section 3S, Township 4 North, Range.I West, Boise Meridian Ada Co
Idaho, said reel also bein a ~ ~tY~
Pa g portion of that warranty Decd, 41ed as Instrument Number
103201 t22, records of Ada County, being more .articular) described as foil
p Y ows,
Commencing at the Southeast corner of said SE114 SE1/4 of Section 3 fr
which the ~ 5 om
fast 114 corner of stud Section 35 bears N 89°42 39" 1~V 2643.44 fee
shown on that Record of Surve ~ t as
y Number 6306, filed as instrument Number 103176984
records of Ada County, thence N 89°42'39" W, 390.01 feet alon the
SE 114 SE 114 8 South line of said
and centerline of Ustlck Road to the Southeast corner of Panel 2 as s
on said Record hown
of Survey; thence N 0° 12'47' w, 44.E feet alon the East bound
said Parcel 2 to the PtJiNT $ ~ °~
t~F BE~INIVINC-.
Thence continuing along the said East bound of Parcel 2 N 0° 12' '
feet to a int ~ ~ 47 W, 46.00
Thence leaving said East bound of Farce ' ~ .
~'Y 12, N 62 00 00 '~, $5.34 feet,
Thence N 90°x'40" W, 320.74 feet;
Thence S 84°00'00" W, 272.69 feet;
Thence N 90°40'00" W, 100.75 feet to the we t
s boundary of said Parcel;
Thence S 40°41' I S" E, t 5.00 feed along said west bound t
ary o a point;
Thence S 90°00'00" E,1 O1.S7 feet;
Thence N 84°00'04" E, Z74,3z feet;
Thence N 90°00'44" E, 318.98 feet;
Thence S 62°00'4" E, 72,03 feet;
Thence S 0° 12'47" E, 3b.90 feat;
Thence S 89°42'39" E,15.40 feet.. to the Point of Be innin
g 8
Said described Sidewalk ~asemcnt contains l2 2b9 care fee
sq t or 4.28 acres.
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