Easement - Eagle Senior Center 2009 - 12/30/2008
T4N R1E Sec 9
ESPR-08-82
Eagle Senior Center
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 01108/09 02::11 PM
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ACHD 109001812
AMOUNT .00
8
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(Reserved for Ada County Assessor Office)
PERPETUAL STORM WATER DRAINAGE EASEMENT
r'7 This Pe etual Storm Water Drainage Easement ("Easement") is made as of the
-L day of r::. I,' l-I a 1- , 200', by and between City of Eagle, (hereinafter
"Grantor") an(i~ da Cou Highway District, a body politic and corporate of the State of
Idaho (hereinafter "ACHD");
WIT N E SSE T H:
For good and sufficient consideration it is agreed:
Section 1. Recitals.
1.1 Grantor owns a parcel of real property located in Ada County, Idaho, a
portion of which is more particularly described and depicted on Exhibit "A" attached hereto
(the "Servient Estate").
1.2 Grantor is developing the parcel for a commercial purpose, and in connection
with such development has been required to improve the adjacent public street under the
jurisdiction of ACHD which is municipally known as East Idaho Street (hereinafter the
"Dominant Estate") to current ACHD standards where it adjoins the parcel, including,
among other improvements, the installation of curb and gutter. In order to safely remove
storm water from the Dominant Estate where it adjoins the parcel after the curb and gutter
is installed, Grantor has agreed to construct and install a storm water drainage swale on
the Servient Estate along with associated underground storm water drain lines from the
Dominant Estate into the storm water drainage swale (the swale and lines are hereinafter
referred to as the "Storm Water Drainage System").
1.3. After construction and installation of the Storm Water Drainage System it will
become a part of ACHD's highway system, and to formalize such transfer ACHD desires
to obtain this Easement from Grantor, and on the terms and conditions hereinafter set
forth the Grantor is willing to grant such Easement to ACHD.
Section 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 ACHD an easement on and
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under the Servient Estate for the Storm Water 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 swale, drain lines,
catch basin, 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 ACHD, and no structures,
fences or other improvements are to be constructed, or landscaping planted, or use
authorized on the Servient Estate by Grantor or Grantor's successors or assigns to the
underlying title thereto without the prior written consent of ACHD. Such consent will not be
given if, in its sole discretion, ACHD 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 sole 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 ACHD 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 Water 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 similar term, by
any applicable federal, state or local law.
Section 3. Construction; Acceptance; Repair 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 ACHD in advance and in writing, and in compliance with all
applicable statutes, ACHD policies and standards, and good engineering practices.
During construction Grantor shall give ACHD reasonable notice and opportunity to inspect
the same.
3.2 When, by written notice given Grantor, ACHD accepts the Storm Water
Drainage System as constructed and installed by Grantor on the Servient Estate, ACHD
shall maintain and repair the same thereafter, at its sole cost and expense.
3.3 Grantor shall enforce for the benefit of ACHD any warranties contained in
the contract for the construction and installation of the Storm Water Drainage System.
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Section 4. Indemnification.
4.1 Grantor shall indemnify and save and hold harmless ACHD, its
Commissioners and employees, from and against all claims, actions, judgments and
expenses (including, without limitation, reasonable attorneys' fees incurred by ACHD 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 ACHD
consents to improvements and/or landscaping and/or Grantor's proposed use under
Section 2.2, 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 Grantor's activities, including the use
of the same, the construction, installation, maintenance and repair of improvements and/or
landscaping and/or Grantor's failure to comply with applicable federal, state and local
laws.
4.2 Grantor shall indemnify and hold harmless the Servient Estate 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 on the Servient Estate.
4.3 Following its acceptance of the Storm Water Drainage System as
constructed and installed by Grantor, subject to the provisions of, and limits of liability set
forth in, Idaho Tort Claims Act, ACHD shall 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 Easement is perpetual.
Section 6. Covenants Run with the Land. Throughout the term of this 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 7. Attornevs 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.
Section 8. Exhibits. All exhibits attached hereto and the recitals contained herein are
incorporated as if set forth in full herein.
Section 9. Successors and Assians. This 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.
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Section 10. Notices. All notices given pursuant to this Easement shall be in writing and
shall be given by personal delivery, by United States Mail Certified, Return Receipt
Requested, or other established express delivery service (such as Federal Express),
postage or delivery charge prepaid, addressed to the appropriate party at the address set
forth below.
Grantor:
City of Eagle
660 E Civic Lane
Eagle, ID 83616
ACHD:
Ada County Highway District
3775 Adams Street
Garden City, Idaho 83714-6499
Section 11. Recordation. This Easement shall be recorded in the Real Property Records
of Ada County, Idaho.
Grantor covenants to ACHD that ACHD shall enjoy the quiet and peaceful
possession of the Servient Estate; 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.
Section 12. Warranty of Authority to Execute.
12.1 The person(s) executing this Agreement on behalf of ACHD represent(s)
and warrant(s) due authorization to do so on behalf of ACHD, and that upon execution
of this Agreement on behalf of ACHD, the same is binding upon, and shall inure to the
benefit of, ACHD.
12.2 If Grantor is not a natural person, the person(s) executing the Agreement
on behalf of Grantor represent(s) and warrant(s) due authorization to do so on behalf of
Grantor, and that upon execution of this Agreement on behalf of Grantor, the same is
binding upon, and shall inure to the benefit, of Grantor.
IN WITNESS WHEREOF, the undersigned have caused this Easement to be
executed the day and year first set forth above.
GRANTOR
City of Eagle
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ATTEST:
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ON THIS ~~day of ~-- ~ , 2008, before me a Notary
Public in and for said State, personally appeared Phil Bandy and Sharon Bergmann,
known to me to be the Mayor and City Clerk of the City of Eagle, the municipal
corporation that executed and attested the within instrument, and acknowledged to me
that they executed the same,
STATE OF IDAHO)
) ss.
)
County of Ada
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
My Notary Bond Expires \ - \ L\
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Notary Public for Idaho
Residing at E___~ ,Idaho
, 20cd1.
My Notary Commission Expires
,- \c...\ -09
ADA COUNTY HIGHWAY DISTRICT
A.. :;;,~
Gary Insel an, Manager
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STATE OF IDAHO )
) ss.
County of Ada )
On this ~ day of , 20~, before me, Y)o-,\ (l~(.~~
, a Not Public in and for the State of Idaho, personally appeared
Gary Inselman, known or identified to me to be the Manager of Right-of-Way and
Development Services of the Ada County Highway District, the person who executed this
instrument on behalf of said Corporation, and acknowledged to me that such Corporation
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day, month and year in this certificate first above written.
'Y\c~, I? I,Jc;~^L
Notary Public for the State of Idaho
Residing at f'\''\..t 'L' , Idaho
My Commission expires: :]1 j.-
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1'\
DRAINAGE EASEMENT
A portion of Lots 7 and 8, Block 5, Plat of Carpenters Addition to the Townsite of Eagle, filed in
Book 3, Page 117, records of Ada County, Idaho, in the NWlj4SW1/4 of Section 9, Township 4 North,
Range 1 East, Boise Meridian, Ada County, City of Eagle, Idaho and being more particularly described
as follows:
BEGINNING at the northeast corner of said BIDCk 5;
thence SOoo47'25"E 3.79 feet along the east line of said Block 5~
thence S89013'48'W 81.65 feet;
thence NOOoOO'OO'W 3.78 feet to a point on the north line of said Block 5;
thence N89013'14'W 81.59 feet along said north line to the POINT OF BEGINNING; containing
309 sq.ft., more or less.
The basis of bearing for this description is assumed.
END OF THIS DESCRIPTION THAT CONTAINS 1 PAGE.
THIS DESCRIPTION WAS PREPARED BY DEAN J. COON, PLS10328
ON OCTOBER 8, 2008, FROM A FIELD SURVEY PERFORMED JUNE 3, 2008
G:\Eg\EG08017\Documents\DRAINAGE EASEMENT.doc
Page 1 of 1
DRAI NAGE EASEMENT
A PORTION OF LOTS 7 AND B, BLOCK 5, PLAT OF CARPENTERS ADDmON TO THE TOWNSITE OF EAGLE,
FILED IN BOOK 3, PAGE 117, RECORDS OF ADA COUNTY, IDAHO AND LYING WITHIN THE
NWlj4SWlj4 OF SECTION 9, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN,
ADA COUNTY, CITY OF EAGLE, IDAHO
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