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Easement - Ada County Highway District - 1999 - Eagle Public Library - Water Drainage EasementMOORE & McFADDEN, CHARTERED ATTORNEYS AT LAW ONE CAPITAL CENTER, S UITE 910 999 MAIN STREET, BoISE, ID 83702 TeuteRONE:(208)331-1800 FAX: (208) 331-1202 DAVIDH. BIETER SUSAN E. BUXTON • JOHNJ. MCFADDEN •$ MICHAEL C. MOORE BRUCE M. SMITH PAUL A. TURCKE 'Also Admitted In Oregon Also Admitted In Washington Mr. Gary Inselman Planning and Development Ada County Highway District 318 East 37th Street Garden City, Idaho 83714-6499 alo May 5, 1999 MONA DOBARAN MACK OF COUNSEL Re: EDR-06-98//100 N. Stierman Way/Eagle City Library/Drainage Easement Dear Mr. Inselman: At the April 27, 1999 Eagle City Council meeting, the Storm Water Drainage Easement was approved with the following change: Section 4. ACHD Indemnification. Following its acceptance of the storm water drainage system as constructed by Grantor, subject to the provisions of, and limits of liability set forth in, the 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 failure or neglect in operating. maintaining or repairing the storm water drainage system. Enclosed is the original easement in which the above change has been initialed and the document signed by Mayor Yzaguirre. Please do not hesitate to contact me if you have any questions or comment. Very truly yours, MOORE & McFADDEN, CHARTERED Susan E. Buxton SEB/dmr Enclosure EDR-06-98 CITY OF EAGLE STORM WATER DRAINAGE EASEMENT This Storm Water Drainage Easement (the "Easement") is made as of the 017 day of ri l , 1999, by and between THE CITY OF EAGLE (hereinafter "Grantor") and Ada County Highway District, a body corporate and politic of the State of Idaho (hereinafter "ACHD"); WITNESSETH: For good and sufficient consideration it is agreed: Section 1. Recitals. 1.1 Grantor owns the parcel of real property located in Ada County, Idaho, more particularly described and depicted on Exhibit "A" attached hereto (the "Servient Estate"). 1.2 Grantor is developing a parcel of land in Ada County, known as The Eagle City Library. The plat of the development has been approved by ACHD. When the construction of the drainage facility by THE CITY OF EAGLE is completed, approved by ACHD and recorded, said storm water drainage easement will become a part of the ACHD system of highways. 1.3 The storm water drainage system referred to in Section 1.2 will be located on, over and across the Servient Estate, and on the terms and conditions hereinafter set forth the Grantor desires to grant to ACHD, and ACHD desires to accept, an easement for storm water drainage on, over, under and across the Servient Estate, and for the repair, maintenance, reconstruction, and enhancement thereof. Section 2. Grant of Easement. 9F.O3"o97 2.1 For the period and on the terms and conditions herein an easement and right-of-way for storm water drainage fr .50 67-7/"Y"cfo over and across the Servient Estate, andfor the repair, r5-��_p9 of the same (hereafter "Authorized Use"). 2.2 The easement herein granted is exclusive to ACHD, and no s rU.4U1,,,,, rants to ACHD mays on, under, d enhancement r improvements are to be constructed, or landscaping planted, 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 may interfere with ACHD s Authorized Use of the Servient Estate. 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, in writing. During construction, Grantor shall give ACHD reasonable notice and opportunity to inspect the same. Rtnrm Water Tlrainaoe FaePmpnt rz/1/ooi __ 1 3.2 When, by written notice given Grantor, ACHD has accepted the storm water drainage system as constructed and installed by Grantor, ACHD shall maintain and repair the system 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 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 the failure or neglect of Grantor to properly construct and install the storm water drainage system. Section 4. ACHD Indemnification. Following its acceptance of the storm water drainage system as constructed by Grantor, subject to the provisions of, and limits of liability set forth in, the Idaho Tort Claims Act, ACHD shall indemnify and hold harmless Grantor from and against all claims, actions or judgements for damages, injury or death caused by or arising out of its failure or neglect kritiltintftin- op the storm water drainage system. Akan tia." �' ovrga; .,.;5 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 ACHD system of highways, and shall run with the land. Section 7. Attorneys 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 Assigns. 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. Modification. This Easement may not be amended in whole or in part except by written instrument, duly executed and acknowledged by the parties hereto, and recorded. Section 11. 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. C4-rwm ' AT. i-n . Tlro;vs on-n T: aonmori rrn Grantor: THE CITY OF EAGLE EAGLE, Idaho ACHD: Ada County Highway District 318 East 37th Street Boise, Idaho 83714-6499 411. Section 12. Recordation. This Easement shall be recorded in the Real Property Records of Ada County, Idaho. IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day and year first set forth above. GRANTOR: By: Rick Yza CITY OF EAGLE 0.., g‘�� irre, 11►o of The City of Eagle ADA COUNTY HIGHWAY DISTRICT By: Attest: Sherry R Huber, President Jerry D. Nyman, Director STATE OF IDAHO, COUNTY OF ADA) SS. On this tp day of Ma , 1999, before me, a notary public in and for said State, personally appeared Rick Yzaguirfe, known or identified to me to be the Mayor of The City of Eagle and the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same of behalf of said city. Q'1-1-vrm IAT.II-nr Tlr•a;r . ern cam cart 4- (rn 1-L IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) Notary Pu is for the State of Idaho Residing at My Commission Expires:L O� STATE OF IDAHO, COUNTY OF ADA) ss. On this , day of , 1999, before me, , a Notary Public in and for the State of Idaho, personally appeared Sherry R. Huber, known or identified to me to be the President of the Board of Commissioners of the Ada County Highway District, and Jerry D. Nyman, known or identified to me to be the Director of the Ada County Highway District, the persons 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 first above written. Notary Public for Idaho Residing at: My commission expires: QI-1-vrm TAT.few Tlr.3 rrn ir„, ommcrr-1- cram A MTG McCARTER • TULLER • CHRONIC, INCO PORATED 707 N. 27TH ST. BOISE, IDAHO 83702 (208) 345-0780 FAX (208) 343-8967 ENGINEERS - SURVEYORS Legal Description 'off Drain Pond Easement at Eagle Library A parcel of land located in the Southwest 'b of Section 9, T.4N., R.1E., B.M., Ada County, Idaho, more particularly described as follows; BEGINNING at a point on the Easterly Right-of-way line of Stierman Way, said point being a 5/8" iron pin marking the Southwesterly corner of Lot 1 of Block 1 of Fag e Village Subdivision, as filed for record in the office of the Ada County Recorder in Book 40 of Plats at pages 3304 and 3305; thence N 61°34'50" E, 30.62 feet (shown of as N 61°32'20" E, 30.60 feet) along the boundary of said Subdivision to an iron pin; thence S 84°26'20" E, 172.00 feet ( shown of record as S 84°28'50" E) along the boundary of said Subdivision to a point; thence S 05°33'40" W, 20.00 feet to a point; thence N 84°26'20" W, 165.89 feet to a point; thence S 61 °34'50" W, 26.09 feet to a point on the Easterly Right -of way of Stierman Way; thence Northwesterly, along said Right -of way, on a curve to -the left 20.07 feet, said curve having a central angle of 04°59'58", a radius of 230.00 feet, a tangent of 10.04 feet and a long chord of 20.06 feet bearing N 23 °53' 19" W to the POINT OF BEGINNING. Job No. 98-508 February 22,1999 EXHIBIT "A" Ada Coun4,Wiqh,tva2\;�irici Sherry R. Huber, President Judy Peavey -Derr, Vice President Marlyss Meyer Routson, Secretary Dave Bivens, Commissioner Susan S. Eastlake, Commissioner Rick Yzaguirre Mayor City of Eagle P.O. Box 477 Eagle, Idaho 83616 a r-PINED 8t FILED I CITY OF EAULt MAR 1 9 1999 Fite' Route to: 318 East 37th Street Garden City, Idaho 83714-6499 Phone (208) 387-6100 Fax (208) 387-6391 e-mail: tellus@achd.ada.id.us March 17, 1999 RE: EDR-06-98 // 100 N. Stierman Way / Eagle City Library / Drainage Easement Dear Mr. Yzaguirre: Enclosed is the drainage easement required in connection with the street improvements associated with the Library project. Please sign the easement before a notary and return to the District to my attention at your earliest convenience. Thank you for your cooperation. If you have any questions or concerns, please feel free to contact me at 387-6180. Sincerely, Gary Inselman Planning and Development P:\GARY\CONIDE V\CORSPNDC\1998\EDR06982.WPD Mayor: Rick Yzaguirre October 23, 1998 t Ada County Highway District Attn: Dorrell Hanson 318 E. 37th St. Boise, ID 83714-6499 Dear Mr. Hanson, CITY OF EAGLE P.O. Box 477 Eagle, Idaho 83616 (208) 939-6813 (208) 939-6827 Fax Council: Stanley J. Bastian Steve Guerber Nancy Merrill Lynne Sedlacek This letter is in response to Ada County Highway District's request for a dedicated drainage easement for roadway storm run-off. The City of Eagle will provide ACHD with a formal dedicated drainage easement on the Eagle Library site. This drainage easement will be located generally in the northwest corner of the Eagle Library Development. Final drawings, drainage calculations and legal descriptions will be provided by MTC Engineers upon completion. If you have any questions, please contact Jack Coonce at 343-4883. Sincerely, Rick Yza Mayor cc: Council Gary Inselman, Planning and Development \\Eaglel\voll\SHARED\CITY\Letters from Mayor\Library drainage easement le.doc Sedlacek moves to approve the Memorandum of Understanding between the City of Eagle and ACHD. Seconded by Merrill. Discussion. Sedlacek amends her motion: change #7 to add the words: When necessary. Second concurs. ALL AYE: MOTION CARRIES E. Drainage Agreement with ACHD for the Library: (SB) Mayor introduces the issue. City Attorney: There is one change on Page 2, Section 4, ACHD indemnification, last 2 lines of the paragraph: Delete the words "failure or neglect to" and insert the words "operation, maintenance, and repair of the storm water drainage system". Guerber so moved. Seconded by Bastian. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES F. Druc-Free Work Place: Discussion. (RY) Mayor introduces the issue. Discussion among the Council, Mayor and City Attorney. Merrill moves to authorize the Mayor to work toward a drug free policy. Seconded by Sedlacek. Discussion. ALL AYE: MOTION CARRIES G. Ida -Ore —1999 Overall Economic Development Plan Priority Projects: Discussion. (LS) Mayor introduces the issue. Sedlacek: Discusses the Overall Economic Development Plan Priority Projects and what projects the City of Eagle can put on the list. General discussion. This is due by May 14, 1999. We need to discuss matching funds. General discussion. Sedlacek, Merrill and the Mayor will meet on this issue. H. Bid on Library Surplus Property: (SKM) Mayor introduces the issue. General discussion. Bastian moves to reject the bid for the Library metal shelving and other items submitted by David Wilson and that we advertise the items we have for sale. Seconded by THREE AYES: ONE ABSTAIN: MOTION CARRIES I. (Added to Agenda) Petition for a street light at Ballantvne and Floating Feather Road. Mayor introduces the issue. General Council discussion. Merrill moves to recommend a four way stop, flashing lights and rumble strips. Seconded by Guerber. ALL AYE: MOTION CARRIES J. (Added to AgendalPainting donated to the Library by Maggie Jetters. Mayor introduces the issue. Page 7 K'%.COUNCIL\hIINUTES'Temporary Minutes Work Area \CC-04-27-99min doc APR.-27'99(TUE) 15:57 MOORE & MCFADDEN CTD TEL:208 331 1202 P.004 9t EDR-06-48 CITY OF EAGLE STORM WATER DRAINAGE EASEMENT This Storm Water Drainage Easement (the "Easement") is made as of the day of ,1999, by and between THE CITY OF EAGLE (hereinafter "Grantor") and Ada County Highway District, a body corporate and politic of the State of Idaho (hereinafter "ACHD"); WITNESSETH: For good and sufficient consideration it is agreed: Section 1. Recitals. OR/GIN 1.1 Grantor owns theparcel of real locate ) 4 L xticularl described property � y and depicted on Exhibit "A" attached hereto (th_ 1.2 Grantor is developing a parcel of land in Ada County, known — C City Library. The plat of the development has been approved by ACHD. When the constructiol. _ the drainage facility by THE CITY OF EAGLE is completed, approved by ACHD and recorded, said storm water drainage easement will become a part of the ACHD system of highways. 1.3 The storm water drainage system referred to in Section 1.2 wilI be located on, over and across the Servient Estate, and on the terms and conditions hereinafter set forth the Grantor desires to grant to ACHD, and ACHD desires to accept, an easement for stone water drainage on, over, under and across the Servient Estate, and for the repair, maintenance, reconstruction, and enhancement thereof. Section 2. Grant of Easement. 2.1 For the period and on the terms and conditions hereinafter set forth, Grantor hereby grants to ACHD an easement and right-of-way for storm water drainage from the ACID system of highways on, under, over and across the Servient Estate, and for the repair, 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, 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 may interfere with ACHD s Authorized Use of the Servient Estate. 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, in writing. During construction, Grantor shall give ACHD reasonable notice and opportunity to inspect the same. Ctnrm Water tlrainaoe Racement nnfami — 1 G[. ri APR. -27' 99 (TUE) 15:58 MOORE & MCFADDEN CTD TEL:208 331 1202 P. 005 3.2 When, by written notice given Grantor, ACHD has accepted the storm water drainage system as constructed and installed by Grantor, ACHD shall maintain and repair the system 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 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 the failure or neglect of Grantor to properly construct and install the storm water drainage system. Section 4. ACHD Indemnification. Following its acceptance of the storm water drainage system as constructed by Grantor, subject to the provisions of, and limits of liability set forth in, the Idaho Tort Claims Act, ACHD shall indemnify and hold harmless Grantor from and against all claims, actions or judgements for damages, injury or death caused by or arising out of 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 ACHD system of highways, and shall run with the land. Section 7. Attorneys 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 Assigns_ 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. Modification. This Easement may not be amended in whole or in part except by written instrument, duly executed and acknowledged by the parties hereto, and recorded. Section 11. 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. CMrm IA1,*amp r,or.e. '� APR. -27'99(TUE) 15:58 MOORE & MCFADDEN CTD TEL:208 331 1202 P. 006 Grantor THE CITY OF EAGLE EAGLE, Idaho ACHD: Ada County Highway District 318 East 37th Street Boise, Idaho 83714-6499 Section 12_ Recordation. This Easement shall be recorded in the Real Property Records of Ada County, Idaho. • IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day and year first set forth above. GRANTOR: ) CITI OF EAGLE By: Ar- Rick Yzaguirre, Mior o The City of Eagle ADA COUNTY HIGHWAY DISTRICT By: Attest: Sherry R Huber, President Jerry D. Nyman, Director STATE OF IDAHO, COUNTY OF ADA) SS. On this day of , 1999, before me, a notary public in and for said State, personally appeared Rick Yzaguirre, known or identified to me to be the Mayor of The City of Eagle and the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same of behalf of said city. Cfnrm IAT•ifor T1r.,.-....r.-+ V••••••.++...+..1. ++.+.t.+ rfigi APR. -27'99(TUE) 15:58 MOORE & MCFADDEN CTD TEL:208 331 1202 P.007 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written_ (SEAL) Notary Public for the State of Idaho Residing at Boise, Idaho My Commission Expires: STATE OF IDAHO, COUNTY OF ADA) ss. On this , day of , 1999, before me, , a Notary Public in and for the State of Idaho, personally appeared Sherry R. Huber, known or identified to me to be the President of the Board of Commissioners of the Ada County Highway District, and Jerry D. Nyman, known or identified to me to be the Director of the Ada County Highway District, the persons 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 first above written. Notary Public for Idaho Residing at My commission expires: CFnrn. 1AT.,.om Tl...s4"ftrtn r.scnrNnnf es•, no A APR. -27' 99(TUE) 15:59 MOORE & MCFADDEN CTD TEL:208 331 1202 P. 008 MTC \ ENGINEERS - SURVEYORS McCARTER • TULLER • CHRONIC, 1NCORATED 707 N. 27TH ST. BOISE. IDAHO 83702 (208) 345.0780 FAX (208) 343-8967 Legal Description of Drain Pond Easement at Eagle Library A parcel of land located in the Southwest 4 of Section 9, T.4N., R.IE., B.M., Ada County, Idaho, more particularly described as follows; BEGINNING at a point on the Easterly Right-of-way line of Stierman Way, said point being a 5/8" iron pin marking the Southwesterly corner of Lot 1 of Block 1 of Eagle Village Subdivision, as filed for record in the office of the Ada County Recorder in Book 40 of Plats at pages 3304 and 3305; thence N 61°34'50" E, 30.62 feet (shown of as N 61 °32'20" E, 30.60 feet) along the boundary of said Subdivision to an iron pin; thence S 84°26'20" E, 172.00 feet ( shown of record as S 84°28'50" E) along the boundary of said Subdivision to a point; thence S 05°33'40" W, 20.00 feet to a point; thence N 84°26'20° W, 165.89 feet to a point; thence S 61 °34'50" W, 26.09 feet to a point on the Easterly Right -of way of Stierman Way; thence Northwesterly, along said Right -of way, on a curve to •the left 20.07 feet, said curve having a central angle of 04°59'58", a radius of 230.00 feet, a tangent of 10.04 feet and a long chord of 20.06 feet bearing N 23 °53' 19" W to the POINT OF BEGINNING. Job No- 98-508 February 22,1999 EXHIBIT "A" APR.-27'99(TUE) 15:57 MOORE & MCFADDEN GTD TEL:208 331 1202 P. 002 Ada Countiliqhtuay c2)Wrict Sherry R Huber, President Judy Peavey -Derr, Vice President Marlyss Meyer Routson, Secretary Dave Bivens, Commissioner Susan S. Eastlake, Commissioner Rick Yzaguirre Mayor City of Eagle P.O. Box 477 Eagle, Idaho 83616 VED & FILED' l CM( OF EAGt-t MAR 19 1999 FP - Route to. 318 East 37th Street Garden City, Idaho 83714-6499 Phone (208) 387-6100 Fax (208) 387-6391 e-mail: tellus@achd.ada_id.us March 17, 1999 RE: EDR-06-98 // 100 N. Stierman Way / Eagle City Library / Drainage Easement Dear Mr. Yzaguirre: Enclosed is the drainage easement required in connection with the street improvements associated with the Library project. Please sign the easement before a notary and return to the District to my attention at your earliest convenience. Thank you for your cooperation. If you have any questions or concerns, please feel free to contact me at 387-6180. Sincerely, Gary Inselman Planning and Development P:1uARACO'IDEV\CORSPNuL JU93IEDRO,t, 2lrrn APR. -27' 99 (TUE) 15:57 MOORE & MCFADDEN CTD TEL:208 331 1202 P.003 Mayor: Rick Yzaguirre October 23, 1998 Ada County Highway District Attn: Dorrell Hanson 318E_37`St. Boise, ID 83714-6499 Dear Mr. Hanson, CITY OF EAGLE P.O. Box 477 Eagle, Idaho 83616 (208) 939-6813 (208) 939-6827 Fax Council: Stanley J. Bastian Steve Guerber Nancy Merrill Lynne Sedlacek This letter is in response to Ada County Highway District's request for a dedicated drainage easement for roadway storm run-off. The City of Eagle will provide ACHD with a formal dedicated drainage easement on the Eagle Library site_ This drainage easement will be located generally in the northwest corner of the Eagle Library Development. Final drawings, drainage calculations and legal descriptions will be provided by MTC Engineers upon completion. If you have any questions, please contact Jack Coonce at 343-4883. cc: Council Gary Inselman, Planning and Development 11Eagle llvol 11SHAREMCI Y1Leners from MayorlLibrary drainage easement le•doc