Easement - Aquila Subdivision Lots 6&7 Blk 1 - 12/5/2002
Exchange of Easements
Lots 6 and 7, Block 1 ,Aquila Subdivisio
TAN., R.1 E. Sect. 9
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 12105102 01 :27 PM
DEPUTY Jamie Parsons
RECORDED-REQUEST OF
Ada County Highway District
AMOUNT .00
7
1111111111111111111111111111111111111
102145324
PERPETUAL STORM WATER DRAINAGE EASEMENT
This Perpetual Storm Water Drainage Easement ("Easement") is made as of the
~ day of DECEMBER , 2002, by and between City of Eagle, (hereinafter
"Grantor") and Ada County 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 a lot known as lots 6 and 7 block 1, Aquila Subdivision
and in order to develop such lot it is necessary for the grantor to relocate the current
drainage easement to a new location as described in Exhibit "A" and in exchange ACHD
is releasing its interest in the area described in Exhibit "B".
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
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"),
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
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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 (defined as any substance or material defined or designated as hazardous or
toxic waste, material or substance, or other similar term, by any federal, state or local
environmental statute, regulation or occurrence presently in effect or that may be
promulgated in the future).
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.
3.4 In addition to the easement described in Exhibit A grantor grants to Grantee
an additional 5 foot on each side of described Storm Water Easement for the purpose of
access for maintenance by Grantee and or its assigns.
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 the construction
and installation of the Storm Water Drainage System. In addition, if ACHD consents to
improvements and/or landscaping and/or Grantor use proposed by Grantor 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 Grantors use of the same, the construction, installation,
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maintenance and repair of such improvements and/or landscaping, and to comply with
applicable environmental laws and regulations, its use of the same, and/or Grantor's
failure to comply with applicable environmental laws and regulations.
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 the 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.
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
ACHD:
Ada County Highway District
318 East 37th Street
Garden City, Idaho 83714-6499
Section 11. Recordation. This Easement shall be recorded in the Real Property
Records of Ada County, Idaho.
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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.
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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ADA COUNTY HIGHWAY DISTRICT:
t/
STATE OF IDAHO )
) ss.
County of Ada )
:<~bi...... lit"., _ L ^
n this ,.:...::> day of I~, 2002, before me,
. ~t1 "r+ol'\ Notary Public in and for the State of Idaho,
personally appeared \ ((..(.; known or identified to me
to be the person(s) who executed this instrument, and acknowledged to me that they
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
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Notary Public for Idaho
Storm Water Drainage Easement, page 4
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Residing at: ~ J 0(.
My commission e ires: y'/a..~/oX'
STATE OF IDAHO )
) SS:
COUNTY OF ADA )
On this Lf~ day of ~~, 2002, before me,
'S'UC;II.~ ~. ~l~kk:::ra Notary Public in and for the State of Idaho, personally
appeared William . Schweitzer, known or identified to me to be the Director of the Ada
County Highway District, the person who executed this instrument be behalf of said
Highway 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, month and year in this certificate first above written.
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Notary Public for l:3e S.tate of Ida
Residing at ~ I Idaho
My Commission expires: 4- ~ - 2. 6'D~
Storm Water Drainage Easement, page 5
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H
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HOLLADAY ENGINEERING CO.
ENGINEERS. CONSULTANTS
32 N. Main P.O. Box 235 Payette, 10 8366J
(208) 642-3304 · Fax # (208) 642-2J59
LEGAL DESCRIPTION
for EASEMENT DEDICATION
EAGLE CITY HALL
HECO JOB NO.: EG121801
An easement for the construction, instal1ation and maintenance of storm drainage facilities
over and across lots 6 and 7, block 1 of Aquila Subdivision, recorded at Instrument No.
10 104 2704, Office of the Ada Coun ty Recorder, in a part of the SW 1O of Section 9,
Township 4 North, Range I East, Boise Meridian, Ada Connty, City of Eagle, the
centerline of which being more particularly described as follows:
Commencing at the Southwest comer of said lot 6, thence Nooo02' 30"E 15.95 feet along
the west line of said Jot 6 to the north line of an ingress and egress drive (Instrument
No. 101038961, OffiCe of the Ada County Recorder); thence along said north line
S89056'lO"E 85.50 feet to POINT OF BEGINNING of the centerline of said easement;
thence NOOo 5 I '56"W 15.14 feet, the sidelines of said easement being 6.25 feet on
each side of this centerline course;
thence the fol1owing three courses with the sidelines of said easement being 5.00
feet on each side of the described centerline;
1) N38055'38"E 248.63 feet;
2) NlOo24'OO"W 129,91 feet;
3) N77025'54"W 113.51 feet;
thence NOoo42'03"W 4.28 feet, the sidelines of said easement being 10.00 feet on
each side of this centerline course, to the south line of an Ada County Drainage District
No.2 Easement and the POINT OF TERMINUS;
The sidelines of said easement being shortened or lengthened to meet the north line of the
aforementioned ingress and egress drive and the south line of aforementioned Ada Connty
Drainage District No.2 Easement.
Prepared by:
HOLLADA Y ENGINEERING COMPANY
DeanJ.Coon,PLS,ETT
EXHIBIT "A"
WATER · WASTEWATER · SOLlO WASTE. PUSLlC UTILITIES. STRUCTURES . PLANNING. STUDIES
I '
STORM DRAIN EASEMENT DEDICATION
BLOCK 1, LOTS 6 & 7
AQUILA VILLAGE SUBDIVISION
50
[
SCALE; 1 INCH=50 FEET
50
.::J
S69'4lI'3""E
2<<:76" - EXiSTlNG IS' ADA -r--If_.'
COUNTY DRAINAGE 15' I
DISTRIC 1/2 EASEMENT ~
--- D~1V77"2S~
fiti ~ 500'
10.00' ___ 77J,S,,~
--- S~
\,1"5'00'
5'OO'~
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'1 ~\
'".00 \ I
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;;t/ II'
1m ~.. 1 "..,~., - - / :;/ n'./
~ l' - 24ug:- 77
; !!/ ~~~'O'O/O' 12' UTlUTY EASEMENT '1
~ cr. 5' UTIUTY EASEMENT 7.5' UTIUTY EASEMENT
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,,'~I 1 if~. LINE TABLE I :
- / LINE LENGTH BEARING
~. L3 15.14 NOO.51.56~1 I
1,-- S69'56"O"E 65,50' L4 4.28 NOO'42'0.3~
P,O.B.
7' S69'57'30"E 166.31' _'"\
SW COR. - --a:4:'50" - -' - INGRESS & 'EGR:!SS
LOT 6 DRIVE LANES
I INST. 1/ 101038961
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- 9.3.65-:--
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5' UTlUTY EASEMENT
(PROPOSED VACATION)
S' UTlUTY EASEMENT
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BLOCK
LOT 7
HHOLLADAY ENGINEERING CO
ENGNEClS ' CCllSULTANTS
E- JOI H. ...A1H P.O. 80X 2JS PA'YtTTE, 10 83661
(208) 642-.3.lO4 . fAXI (:';!Da) 6.2-2'~"
ElIIAIL: holloda)'Orvln.t..CCIrrl
REUse or DOCUIif[NT$
MI LlCIClAAOrT, .ue Ml IDUI
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CI:L.uGlIlICrTlD_l.DED,
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ItI:I..LADAT Dfa CD,
CITY OF EAGLE
NEW CITY HALL
STORM DRAIN EASEMENT DEDICATION
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EG121801S
10 29 02
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