HomeMy WebLinkAboutAgreementAGREEMENT FOR CURB CUT AND ACCESS
K_THIS AG EMFxNT FOR CURB CUT AND ACCESS("Agreement") is made this
day of 2007, by and between TECO ONE, L.L.C., an Idaho limited
liability company (" ECO"), and Darren G and Kimberly K Blaser, (`Glaser").
RECITALS
A. TECO owns that certain real property located in the City of Meridian, County of
Ada, State of Idaho, commonly known as 2230 E. Fairview Avenue, Meridian, Idaho, and more
particularly described as follows:
The South 444 feet of the East 580 feet of the Southeast Quarter of
the Southwest Quarter of Section 5, Township 3 North, Range 1
East, Boise Meridian, records of Ada County, Idaho (the "TECO
Property").
B. Blaser owns that certain real property located in the County of Ada, State of Idaho
lying east and adjacent to the TECO Property and more particularly described on Schedule I
attached hereto and incorporated herein (the `Blaser Property") which Blaser is in the process of
developing.
C. Ada County Highway District ("ACHD") has required, as a condition of the
development of the Blaser Property, that if Blaser desires a curb cut off Fairview Avenue it will
have to be located off site, more particularly on the TECO property.
D. Blaser desires an agreement for a curb cut on the TECO Property and access from
such curb cut to and from the Blaser Property under the terms and conditions hereinafter set
forth.
AGREEMENT
NOW, THEREFORE, in and for the consideration of the mutual covenants contained
herein, the parties agree as follows:
1. Curb Cut. TECO hereby agrees that Blaser may install a curb cut (at Blasers
sole expense) from Fairview Avenue on the South boundary of the TECO property and in a
location which is acceptable to ACHD (the "Curb Cut") so long the Curb Cut is full access (i.e.
right and left turn for both in and out traffic). Blaser will be responsible of all costs incurred for
the construction and maintenance of such curb cut. Blaser will also stub any available utilities to
the TECO property in a location TECO approves at Blaser sole cost. TECO shall have the
unilateral right to close and relocate the Curb Cut to a different location on the TECO Property
for any reason including the development of the TECO Property provided such closure and
relocation is approved by ACHD.
2. Access. TECO hereby grants to Blaser a license for. vehicular traffic to cross
reasonable portions of the TECO Property for access to and from the Blaser Property and the
Curb Cut. Blaser will be responsible for all costs incurred for improvements made to the access
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along with the maintenance for such access. Blaser will also install and maintain a fence along
such access so not to allow vehicular traffic off improved drive aisles.
3. Mutual Easement Agreement. At such time as the TECO property is developed
and the Curb Cut is in its permanent location, TECO and Blaser shall enter into a mutual access
agreement which shall provide a non-exclusive Agreements for ingress and egress over and
across the parking areas and drive aisles on the TECO Property and the Blaser Property under
terms reasonably acceptable to TECO and Blaser.
4. General.
(a) Entire Agreement. This Agreement contains the entire agreement
between the parties hereto and supersedes and replaces all prior agreements, negotiations or
understandings, written or oral, with respect to the subject matter hereof.
(b) Successors. This Agreement shall be binding upon and inure to the
benefit of the parties hereto, their successors and assigns.
(c) Attorney's Fees. In the event of any suit, action or other proceeding that
arises relating to this Agreement, the prevailing party in such suit, action or other proceeding
shall be entitled to recover its reasonable attorney's fees, costs and expenses.
(d) Not a Public Dedication. Nothing contained herein shall be deemed a
gift or dedication of any portion of the Agreement Property . to the general public or for any
public purpose, it being the intent of the parties that this Agreement shall be strictly limited to
and for the purposes herein expressed.
(e) Construction. The parties have each been, or have had the opportunity to
be, represented by counsel in the course of the negotiation for and the preparations of this
Agreement and the provisions of this Agreement shall be construed as a whole and not for or
against either party.
EXECUTED as of the date first above written.
T'ECO: Blaser:
TECO ONE, L.L.C.,
an Idaho limited liability company
By: '
Tuck Ewing, Member
Darren G and Kimberly K Blaser,
a married couple
alien
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STATE OF IDAHO )
ss.
County of Ada )
On Ihis im—be—flyyK.Blaser,
of - - , in the year 2007, before me,
s`, a Notary Public in and for said State, personally appeared
Darren G. Bl era known or identified to me to be the persons whose
names are subscribed to the within instrument, and acknowledged to me that he/she/they
executed the same.
IN WITNESS WHEREOF, I have set my hand and affixed my official the day and year
in this certificate first above written.
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STATE OF IDAHO )
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County of Ada )
No Public for Maho
My commission expires on // l -244�
On this day of in the year 2007, before me,
A Wotary ublic in and for said State, personally appeared
IA , , known or identified to me to be the manager or a member
V of TECO ONE, LLC,Idaho limited liability company, the limited liability company that
executed the instrument or the person who executed the instrument on behalf of said limited
liability company and acknowledged to me that such limited liability company executed the
same.
IN WITNESS WHEREOF, I have set my hand and affixed my official the day and year
in this certificate first above written.
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