HomeMy WebLinkAboutPDM, LLC Agreement on existing Utility Easement to allow trash enclosure AGREEMENT CONCERNING EXISTING UTILITY EASEMENT
This Agreement Concerning Existing Utility Easement("Agreement") is entered into between
PDM, LLC ("Grantor") and the City of Meridian, an Idaho Municipal Corporation ("City"). The
Grantor and City are collectively referred to as the "Parties."
1. RECITALS
1.1. The Grantor owns the real property described in Exhibit A and Exhibit B ("Property").
1.2. The Property is encumbered by a thirty-nine-foot public utility easement("Easement"),
as depicted in Exhibit C.
1.3. The City owns, operates, and maintains sanitary sewer and/or water pipelines and related
facilities within the Easement.
1.4. No permanent structures shall be erected within the Easement.
1.5. The Grantor intends to erect a trash enclosure ("Trash Enclosure") within the Easement,
which shall be constructed of removable fencing material, and which shall not exceed
235 square feet.
2. BINDING AGREEMENT. In consideration of the mutual promises and undertakings set
forth herein, and for other good and valuable consideration, receipt of which is hereby
acknowledged, the Parties shall be legally bound by this Agreement.
3. INCORPORATION OF RECITIALS. The Recitals set forth in Section 1 are contractual
and binding on the Parties.
4. TRASH ENCLOSURE. The City deems the Trash Enclosure to be a temporary
improvement, and not a permanent structure. The City agrees that the Trash Enclosure is not
precluded by the prohibition concerning permanent structures referenced in Section 1.4. At
the City's request, which may be made in person, telephonically, by email, or in writing,
Grantor shall remove the trash enclosure within 24 hours to facilitate any and all City-related
work within the Easement. The Grantor shall be solely responsible for removing and/or
replacing the Trash Enclosure at Grantor's expense. If the Grantor fails to timely remove the
Trash Enclosure, the City shall be authorized to remove the Trash Enclosure, and Grantor
shall timely reimburse the City for any and all expenses incurred by the City.
Agreement Concerning Existing Utility Easement, Page 1
In the event of a utility emergency, the City may remove the fencing and trash enclosure
without prior notice to the Grantor. The Grantor shall timely reimburse the City for any and
all expenses incurred by the City.
5. NOTICES. All notices, excluding City requests referenced in Section 4, shall be given by
depositing a copy of such notice in the United States mail, postage prepaid and registered or
certified, return receipt requested, to the respective parties hereto at the following addresses:
City Engineer
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
PDM, LLC
2124 S Broadway Ave.
Boise, ID 83706
All notices given by certified mail shall be deemed completed as of the date of mailing.
6. APPROVAL OF TRASH ENCLOSURE. This Agreement shall not be construed as
approval of the Trash Enclosure by the City of Meridian Community Development
Department. Grantor agrees to comply with any requirements set forth in the Unified
Development Code of the City of Meridian which are applicable to the Trash Enclosure.
7. LIMITED APPLICATION OF AGREEMENT. This Agreement pertains only to the
Parties and the City-owned utilities referenced in Section 1.3. Grantor acknowledges and
agrees that this Agreement does not pertain to other entities which may have a legal right to
locate other public utilities in the Easement.
8. RECORDATION. The City is authorized to record this Agreement, including all of the
Exhibits.
9. BINDING ON SUBSEQUENT OWNERS. This Agreement shall be binding on the
Grantor, subsequent owners of the Property, and any other person acquiring an interest in the
Property.
10. CHOICE OF LAW AND VENUE. This Agreement shall be governed and construed in
accordance with Idaho law. Any action brought by the Grantor or the City shall be brought
within Ada County, Idaho.
11. ATTORNEY FEES. Should any litigation be commenced between the Parties concerning
this Agreement, the prevailing parry shall be entitled to court costs and reasonable attorney
fees as determined by a court of competent jurisdiction.
12. FINAL AGREEMENT. This Agreement relates to,but does supplant, the Easement. The
Easement and this Agreement, read together, set forth all promises and agreements between
Agreement Concerning Existing Utility Easement, Page 2
the Parties. Amendments to this Agreement, if any, shall only be effective if approved by the
Parties in writing.
13. HEADINGS. The bolded paragraph headings are for convenience only and shall not be used
in interpreting or construing this Agreement.
PDM, LLC
�5-/�— )5�-, /,(
By: Philip F Mikelonis
STATE OF IDAHO )
ss.
County of Ada )
This record was acknowledged before me on this day , 2022, by
(name of individual) on behalf of (name of entity on
behalf of w om record was executed), in the following representative capacity:
QHI � (type of authority such as officer or managing member).
(stamp)
4
jj
SAMANTHAAARON SIgnatOury
Notary Public-State of Idaho
Commission Number 20191516 My Commission Expires:
My Commission Expires Jul 31,2025
Agreement Concerning Existing Utility Easement, Page 3
City of Meridian
By: Robert E. Simison, Mayor 9-13-2022
Attest by Chris Johnson, City Clerk 9-13-2022
STATE OF IDAHO )
ss.
County of Ada )
This record was acknowledged before me on this 13th day of September , 2022, by
Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as
Mayor and City Clerk, respectively.
Notary Signature
My Commission Expires: 3-28-2022
Residing in Idaho
Agreement Concerning Existing Utility Easement, Page 4
EXHIBIT A
The East 62.18 feet of Lot 3 in Block 1 of the Corner at Vineyards, as measured along the South
line, according to the plat thereof, filed in Book 60 of Plats at Pages 5876 and 5877, records of
Ada County, Idaho.
Except these portions thereof conveyed to Ada County Highway District for public right of way
by deeds recorded under instrument Nos. 94033051 and 94033052 and 94033053.
Agreement Concerning Existing Utility Easement, Page 5
EXHIBIT B
50 25 O 50 104 150
SCALE IN FEET
roum 1 5,iB' REBAR
IN POT, POINT ON W. CHERRY LANE
CENTERLINE CHERRY LANE BASIS OF BEARING)
N 89 33'47'W I65G.5I' 2 1
�" — -- — -- 40.0 t 1 12
S es'33'47_E'V109.22 S
5.00 S 83 51'Os`E *Js
251.25
T _ tr V.m.mo*Gaon 1] ` — — — z5.5T a3�' S 89'33'47'E 210.16 17.
.� — .x n 1.Oi �99.15
N. pOp 8 SUBJECT $
a M PROPERTY. 3
EAST HALF " 1d
w w OFLOT3 w
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g z BLOCK 1 (n
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89'23 27 E
iwcflESS-EM 5 AND LMUrr EASEM r p 15.00
9ENEFiT�NG L."1 TARO 5 Fl 00'I36'33"W
118.35 t a.36 6218 7.76
112.26 112-69 425'
N as,33'47'W 598.00
Agreement Concerning Existing Utility Easement, Page 6
EXHIBIT C
[See attached Recorded Plat]
Agreement Concerning Existing Utility Easement, Page 7
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