Easement - Ada County Highway District - 2023 - Downtown Mobility Improvements - Eagle Road, Plaza, Aikens, State and 2nd St - ACHD Permanent Easement Agreement ADA COUNTY RECORDER Trent Tripple 2023-055514
Project Name:Eagle Road&State Street Intersection Design BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 09/27/2023 01:34 PM
Project: 320022.002,003,004 ADA COUNTY HIGHWAY DISTRICT NO FEE
Name:City of Eagle,a municipal corporation,AKA City of Eagle
RP /Parcel No:4,32,33,40,45,49
4N1E9
APN:R3161050020,R0238250008,R0238250023,S0508449703,R0238250021
(Reserved for Ada County Recorder)
PERMANENT EASEMENT
This PERMANENT EASEMENT (the "Easement"), is made and entered into this 13_ day of
ee ece 20.: ., by and between, City of Eagle, a municipal corporation,AKA
City of Eagle, 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 properly located in Ada County, Idaho more particularly described on
Exhibit"A"attached hereto and by this reference incorporated herein(hereinafter"Servient Estate").
1.2 ACHD has jurisdiction over the public highways, including sidewalks, and public rights-of-way
which adjoin and are adjacent to the Servient Estate(hereinafter the"Dominant Estate").
1.3 ACHD desires to obtain an easement on,over and across the Servient Estate for the purposes
hereinafter described, and, for the consideration and on the terms and conditions hereinafter set forth,
GRANTOR is willing to grant such easement to ACHE).
SECTION 2. Grant of Easement and Authorized Uses.
GRANTOR hereby grants to ACHD a permanent exclusive easement over and across the Servient
Estate for use by the public, including pedestrians and bicyclists, and the following uses and purposes:
(a)placement of a Public Right-of-Way(as defined in Idaho Code, section 40-117);
(b) construction, reconstruction, operation, maintenance and placement of necessary culverts,
sluices, drains, ditches, waterways, embankments, retaining walls, grade separation structures,
roadside improvements,pedestrian facilities, and any other structures,works or fixtures incidental to
the preservation or improvement of an adjacent Highway;
(c)statutory rights of ACHD, utilities and irrigation districts to use the Public Right-of-Way.
The Ada County Highway District(ACHD)Is committed to compliance with Titre VI of the Civil Rights Act of 1964 and related regulations and
directives. ACHD assures that no person shall on the grounds of race,color;national origin;gender;disability or age,be excluded from
participation in,he denied the benefits al,or be otherwise subjected to discrimination under any ACHD service,program or activity. •
•
Permanent Easement-1 •
(2/11/14)(19)
Project Name:Eagle Road&State Street Intersection Design
Project: 320022.002,003,004
Name:City of Eagle,a municipal corporation,AKA City of Eagle
RAW Parcel No:4,32,33,40,45,49
4N1E9
APN:R3161050020,R0238250008,R0238250023,S0508449703,R0238250021
SECTION 3. Permanent Easement:Covenants Run with the Land.
This is a permanent easement. This Easement, and the covenants contained herein shall be a
burden upon the Servient Estate and shall run with the land. The 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 d. Appurtenant.
The Easement herein granted is appurtenant to the Dominant Estate and a burden on the Servient
Estate.
SECTION 5, Maintenance.
ACHD shall maintain the physical integrity of any facilities constructed by ACHD on the Servient
Estate in good condition and repair and as required to satisfy all requirements of applicable laws,the policies
of ACHD and sound engineering practices. The repair and maintenance of such facilities shall be at the sole
cost and expense of ACHD; provided if the damage to such facilities is as a result of the activities of
GRANTOR, GRANTOR'S guests, invitees, contractors or agents, the repair shall be at the sole cost and
expense of GRANTOR. This Section shall not release GRANTOR'S obligation to provide routine
maintenance required under any applicable state or local law,ordinance,or regulation as to any pedestrian
facilities that may be placed on the Servient Estate.
SECTION 6. lndemnificatlon.
ACHD shall, subject to the limitations hereinafter set forth, indemnify, save harmless and defend
regardless of outcome GRANTOR from expenses of and against suits, actions, claims or losses of every
kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any
negligent acts by the ACHD or the ACHD's officers, agents and employees while acting within the course
and scope of their employment, which arise from or which are in any way out of ACHD's construction, use
and maintenance on the Servient Estate. Any such indemnification hereunder by the ACHD is subject to the
limitations of the Idaho Tort Claims Act (currently codified at chapter 9, title 6, Idaho Code). Such
indemnification hereunder by the ACHD shall in no event cause the liability of the ACHD for any such
negligent act to exceed the amount of loss, damages, or expenses of attorney fees attributable to such
negligent act,and shall not apply to loss,damages,expenses,or attorney fees attributable to the negligence
of GRANTOR.
The Ada County Highway District(ACHD)is committed to compliance with Title Vi of the Civil fights Act of 1964 and related regulations and
dirmtives. ACHD assures that no person shall on the grounds of race,coiar,national origin,gender,disability or age,be excluded from
participation in.be denied the benefits of,or be otherwise subjected to discrimination under any ACHD service,program or activity
Permanent Easement-2
(2111114)(19)
Project Name: Eagle Road&State Street Intersection Design
Project: 320022,002,003,004
Name:City of Eagle,a municipal corporation;AKA City of Eagle
R/W Parcel No:4,32,33,40,45,49
4N1E9
APN: R3161050020, R0238250008, R0238250023,S0508449703, R0238250021
SECTION 7. Recordation.
This Easement shall be recorded in the Official Real Property Records of Ada County, Idaho.
TO HAVE AND TO HOLD this Easement unto the ACHD forever.
GRANTOR covenants to ACHD that ACHD shall enjoy the quiet and peaceful possession of the
Servient Estate; and, GRANTOR warrants to 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,
month and year first set forth above.
GRANTOR: City of Eagle,a municipal corporation AKA
" City of Eagle
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State of IDAHO )
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County of ADA )
This record was acknowledged before me on this Z'SA day of St fife,MW___ , 202,3_, by
70.Sot•.) as A O - (trustee, Member, Officer, President,
Etc.) of City of Eagle, a municipal corporitiainrjk,of Eago4 /1
(SEAL) ti`�,.•.•.NC', •. L/
s�i O t••• ••'•.�'••; Signet of Notary Public
'; t,pTAR ;J' : My commission expires: Z_ 2(0 1 Z�j
s : P UBLIC ,'ti•.......at,
The Ada County Highway District(ACHD)is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and
directives. ACHD assures that no person shall on the grounds of race,color,national origin,gender,disability or age,be excluded from
participation in,be denied the benefits of,or be otherwise subjected to discrimination under any ACHD service,program or activity.
Permanent Easement-3
(2/11/14)(19)
Pmject lame',Effie Road&Smte Street trtemeooti Desion
Wit: n0022,002,003,004
Name:City of Eagle.3 municOai ir,rpretrort,AM City of Eagle
RIVet Parcel No:4:333,40,45,42
4N 1E9
APr:R3151050320,f102352 ,'}008,RR023 250023,S050844) 05,R0238250021
SE.CCTiON 7. Recordatio.n.
This Easement shall he recorded in the Official Reef Properly Records of Ada County, Idaho.
TO HAVE AND TO HOLD this Easement unto the ACHED forever.
GRANTOR cover is to ACHD that ACHD star enjoy the quiet and peaceful possession of the
Servient Estate;and, GRANTOR warrants to ACHD that GRANTOR is lawfully seized and possssed of the
Servient Estate and has the right and authority to grant this Easement to ACHD.
IN WITNESS WHEREOF, the undersignai have caused thisEasementtoexecuted the day,
be eX..t"ti:
month and year first set forth above,
GRANTOR:City of Eagle,a municipal corporation AKA
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State of IDAHO )
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County of ADA )
This record was acknowledged batons me on this 2 day €f , 2021 by
t S 3. e„, as •Y/A4s.'4e (trustee, Member, Officer, President,
Etc.)of Cry of Eagle,a municipal rfso• of ,
{SEAT_) " '
a. a of Notary Pub=c
• kv: I My commission expires:r 1- "
a , .
tilrfUBIi\s,.%t4
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Ti Ada County Higneay�I (AND) . testt of 'C r { regulations d
a+.�'� Yti.�..'i� :$:,rA�?tiai to�".'�+ �{'rfllLa ii4 h���'€ the CIA� tt�Act .�� � 4�
diredyas. Act:)assures that no parses;a*air on the goo r s or ,co ror,national origin,goon,:i?satAt}or ago.be excluded from
pirticiindon in,be denied the benefits f,a to r iemilas 000 od to L+iSdr mi0000n ai d�.`tt any ACHE) at `r +or ivi' gtie.�:�.y`iw•3: 3 t �iy.
Permanent Easement_3
f2:1!1$(1g)
Exhibit "A"
[array L.-2i:'rn
ENGINEERING.PLANNING,ENVIRONMENTAL SCIENCES
7761 W RIVERSIDE DRIVE,SUITE 201 I BOISE,ID 83714 I P 208.898.0012
Ada County Highway District May 10,2023
Eagle Road&State Street Intersection Design Assessor's Parcel No. R3161050020
ACHD Project No. 320022 Parcel ID No.4
PARCEL NO. 4
PERMANENT EASEMENT
A permanent easement located in Lot 2, Block 1 of Gleneagles Subdivision,according to the official plat thereof,
filed in Book 77 of Plats at Pages 8066&8067,official records of Ada County, Idaho,situated in the Southwest
One Quarter of the Southwest One Quarter of Section 9,Township 4 North, Range 1 East, Boise Meridian, City of
Eagle,Ada County, Idaho,being more particularly described as follows:
Commencing at the Southwest Corner of said Section 9,thence following the westerly line of said Southwest One
Quarter of Section 9, North 1°03'30"East a distance of 410.18 feet;
Thence leaving said westerly line,South 88°56'30"East a distance of 38.43 feet to a point on the easterly right-of-
way line of Eagle Road,said point being the northwesterly corner of said Lot 2, Block 1 of Gleneagles Subdivision
and being the POINT OF BEGINNING.
Thence leaving the said easterly right-of-way line,and following the northerly line of said Lot 2, Block 1,
South 89°51'S1" East a distance of 5.86 feet;
Thence leaving said northerly line,South 1°03'48"West a distance of 36.38 feet;
Thence South 59°28'05"East a distance of 34.41 feet;
Thence South 89°55'53"East a distance of 53.31 feet;
Thence 54.29 feet along a curve to the left,said curve having a radius of 206.00 feet,a central angle of
15°05'59",a chord bearing of North 82°31'07" East, and a chord distance of 54.13 feet;
Thence North 74°58'08" East a distance of 45.63 feet to a point on the easterly line of said Lot 2, Block 1;
Thence following said easterly line,South 0°08'02"West a distance of 12.31 feet to a point on the
northerly right-of-way line of Plaza Drive;
Thence following said northerly right-of-way line, South 75°00'53"West a distance of 44.82 feet;
Thence following said northerly right-of-way line, 25.86 feet along a curve to the right,said curve having a
radius of 98.00 feet,a central angle of 15°07'12",a chord bearing of South 82°34'29"West,and a chord
distance of 25.79 feet;
Thence following said northerly right-of-way line, North 89°51'55" West a distance of 95.05 feet to a
point on the easterly right-of-way line of Eagle Road;
Thence leaving said northerly right-of-way line and following said
easterly right-of-way line, North 46°15'41"West a distance of 27.59 p,1. LAND
feet; ° GSO CE SF4 `rG'��
Thence following said easterly right-of-way line, North 2 39 28" West >
a distance of 43.03 feet to the POINT OF BEGINNING. - 14216 0
The above-described easement contains 2,093 square feet(0.05 acres), more J� skso
or less. �/ qj£ OF \�p
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E t H H. ��
5/10/2023
Exhibit "A"
EXHIBIT MAP W 1/4 CORNER
PERMANENT EASEMENT SECTION 9 �.
SECTION 9,TOWNSHIP 4N,RANGE 1E, B.M. J'-
CITY OF EAGLE,ADA COUNTY, IDAHO .,..1f
2023
.f.,2.636.e - --k-OND t
vil
---- R 0 to
? p3
$89'51'51°E
r11
_ ' ti0'r,-., 36.- 5.86'
CORNER 03' -a
SW h Sp1
SECTION 9 ti'
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et
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Curve Table r ' S,
Curve # Length Radius Delta Ch Bearing Ch Distance 1C2 54.29 206.00 15'05'59' N82'31'071 54.13
C3 25,86 98.00 15'07'12' 582'34'29"W 25.79
-o
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044. LAND
(04\. SFo se*, ma's 3%,
14216 \.. 0.
V al
4,.j qTf 4� \pP
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0 N 30' `yQ f I. H . L SO0'08'0211 '
r= 5/10/2023 \, 12.31' \,
PROJECT: EAGLE RD&STATE ST INT DESIGN Parametrix
- - ENGINEERING.PLANNING.ENVIRONMENTAL SCIENCES
1 PARCEL NO. 4 ' •
7761 W RIVERSIDE DRIVE,SUITE 201 II BOISE,IL) 83714
.0012
DATE: MAY 10,2023 P VW.P RAMS
Wvaw.Paaar4 ETwx.cor4
tsarare ,' I
ENGINEERING.PLANNING.ENVIRONMENTAL SCIENCES
7761 W RIVERSIDE DRIVE,SUITE 201 I BOISE,ID 83714 l P 208.898.0012
Ada County Highway District May 10, 2023
Eagle Road&State Street Intersection Design Assessor's Parcel No. R0238250008, R0238250021& R0238250023
ACHD Project No.320022 Parcel ID No.32,33&40
PARCEL NO. 32, 33 & 40
PERMANENT EASEMENT
A permanent easement located in Lots 4-6, Block 4 of the Aikens Addition to the Townsite of Eagle,according to
the official plat thereof,filed in Book 3 of Plats at Pages 145, official records of Ada County, Idaho,situated in the
Southwest One Quarter of the Southwest One Quarter of Section 9,Township 4 North, Range 1 East, Boise
Meridian,City of Eagle,Ada County, Idaho,being more particularly described as follows:
Commencing at the Southwest Corner of said Section 9,thence following the westerly line of the said Southwest
One Quarter of Section 9, North 01°03'30"East a distance of 1,181.94 feet to the intersection of Eagle Road and
State Street;
Thence leaving said westerly line and following the centerline of said State Street,South 88°55'39" East a distance
of 358.35 feet;
Thence following said centerline,South 89°05'25"East a distance of 180.03 feet;
Thence leaving said centerline, South 0°54'35"West a distance of 30.00 feet to a point on the southerly right-of-
way line of said State Street,and said point being the POINT OF BEGINNING.
Thence following the said southerly right-of-way line,South 89°05'25" East a distance of 150.96 feet to a
point on the westerly right-of-way line of 2"d Street;
Thence leaving said southerly right-of-way line and following said westerly right-of-way line,South
1°09'31"West a distance of 2.00 feet;
Thence North 89°05'25"West a distance of 150.95 feet;
Thence North 0°51'O1" East a distance of 2.00 feet to the POINT OF BEGINNING.
The above-described easement contains 302 square feet,more or less.
Souk -AND n
,,c -(‘
H 14216 53
5/10/2023
Exhibit "A"
EXHIBIT MAP
PERMANENT EASEMENT
SECTION 9,TOWNSHIP 4N, RANGE 1E,B.M.
CITY OF EAGLE,ADA COUNTY, IDAHO
2023
W 1/4 CORNER
SECTION 9
"?S88'55'39`E
35 ,35'
s89'o5'zs'E I STATE STREET
a 160.03'
oQ
$ S89'05'351 150.96'
z I NO0'51'01'E N89'05'25'W 150,95' SO1'09'31111
I- 2A0' 2.00' 1
1
co 1
I ^
I
I
SW CORNER
1/ SECTION 9
_yp,1. LAN)
`��' ,\CE SFo SG�`
1421
A4, <nifit-
o N 30 c%laN• G�.
••— 0 5/10/2023
PROJECT: EAGLE RD&STATE ST INT DESIGN Parametrix
ENGINEERING,PLANNING.ENVIRONMENTAL SCIENCES
PARCEL NO,32,33&40
7761 W RIVERSIDE DRIVE,SUITE 201 I BOISE,ID 83719
P 208.898.0012
DATE: MAY 10, 2023
W W W.PARAMETRIX.COM
Exhibit "A"
riararne ;wtyl
ENGINEERING.PLANNING.ENVIRONMENTAL SCIENCES
7761 W RIVERSIDE DRIVE,SUITE 201 I BOISE,ID 83714 I P 2D8.898.0012
Ada County Highway District December 16, 2022
Eagle Road&State Street Intersection Design Assessor's Parcel No.S0508449703
ACHD Project No.320022 Parcel ID No.49
PARCEL NO. 49
PERMANENT EASEMENT
A permanent easement located in the Southeast One Quarter of the Southeast One Quarter of Section 8,
Township 4 North, Range 1 East, Boise Meridian, City of Eagle,Ada County, Idaho, being more particularly
described as follows:
Commencing at the Southeast Corner of said Section 8,thence following the easterly line of the said Southeast
One Quarter of Section 8, North 1°03'30" East a distance of 827.20 feet;
Thence leaving said easterly line, North 88°56'30"West a distance of 208,58 feet to a point on the southerly
right-of-way line of Aikens Street, said point being the POINT OF BEGINNING.
Thence leaving the said southerly right-of-way line,South 1°03'33"West a distance of 7.00 feet;
Thence North 88°56'27"West a distance of 8.13 feet;
Thence North 0°06'40"West a distance of 7.00 feet to a point on the said southerly right-of-way line of
Aikens Street;
Thence following said southerly right-of-way line,South 88°56'27" East a distance of 8.27 feet to the
POINT OF BEGINNING.
The above-described easement contains 57 square feet, more or less.
\0 ,L LAND
,„4sfao,
j14216
s
�if4TFOF \i '
cy-4 EL ‘A. ��
12/16/2022
Exhibit "A"
EXHIBIT MAP
PERMANENT EASEMENT
SECTION 8,TOWNSHIP 4N, RANGE 1E, B.M. E 1/4 CORNER
CITY OF EAGLE,ADA COUNTY, IDAHO /� SECTION 8
2022
AIKENS STREET
S88'56'2YE
8.27'
—-- -- __ N88'56'30)11 208,58'
N00'06'40 W ` SO1'03'331011 •
7.00' 7.00' J O,
N88'56'27'W 1
8.13' 17.8
NI
n
lO
I W
�oaa� LAND
o.
14216
,o, 41,
yT£ OF ��P
12/16/2022
,•_ -- SE CORNER
SECTION 8
PROJECT: EAGLE RD&STATE ST INT DESIGN Parametrix
ENGINEERING.PLANNING.ENVIRONMENTAL SCIENCES
PARCEL NO.49 '--
7761 W RIVERSIDE DRIVE,SUITE 201 BOISE,ID 83711
P 8.0012
DATE: DECEMBER 16,2022
WWVV.P W.PARAMETRll(.COM
Project Name: Eagle Road & State Street Intersection Design
Project: 320022.002, 003, 004
Name: City of Eagle, a municipal corporation, AKA City of Eagle
R/W Parcel No: 4,32,33,40,45,49
4N1E9
APN: R3161050020, R0238250008, R0238250023, S0508449703, 50508449705, R0238250021
COMPENSATION SUMMARY
Unit of Quantity & $per Unit Acq.Ri_ghts % Paid Compensation
Measure
Permanent 2452 SqFt @ $0.00 per SqFt $0.00
Easement
Subtotal: $0.00
Temporary 6369 SqFt @ $0.00 per SqFt @ .10% $0.00
Construction
Easement:
Interagency Governmental Agreement for Waiver of Costs Subtotal: $0.00
and Fees
Total Compensation: $0.00
ACHD WILL PROVIDE CONSTRUCTION FEATURES AS SHOWN ON THE RIGHT-OF-WAY PLANS DATED
AUGUST 8, 2023, SHEET(S) 5, 8, 9 AND 10 OF 10 AND AS LISTED BELOW:
***Access Points as depicted on the plan sheets are subject to change upon redevelopment or as traffic
safety conditions warrant***
Negotiated Items:
Seller's disclosure of hazardous materials:
(1) None (Seller's Initials); or
(2) Seller's Disclosure:
Property Representative Name: Phone:__—__—____—_
Email Address:
PLEASE PRINT
Seller Signature: Date: Phone:
------------------
B .
I .
Seller Signature: Date: Phone:
By:
Its:
ACHD Signature: _ Date: rO-3
Kimberly Ity, fight-of-Way n
ACHD Signature: ✓L/bi' Date: —__21 c3
David Serdar, Right-of-Way Supervisor
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