HomeMy WebLinkAboutEasement Agreement for Generations Plaza No. 2
RECORDED. REQUEST Of
ADA COUNTY R. ECOROER7~L1- :ç¿- /
J. DAVID NAVARRO r -ð:_. . ~
BOI~[,rOAHO FEE _DEPUIY..~
EASEMENîòot~F-I~H~!2 7 ¡ 0 I a 2 I (/5 3
PARTIES: 1. City of Meridian
2. Laneyland Limiteci Partnership '~FR""\'.ð,N CITY
THIS EASEMENT AGREEMENT, is made this 27t:!-day of fibt.,,(.af~8'
2001, by and between Laneyland Limited Partnership, an Idaho partnership, 910
West Main Street, Slúte 240, Boise, Idaho 83702, hereinafter referred to as
"Grantor", and the City of Meridian, a Municipal corporation of the State of Idaho,
33 East Idaho, Meridian, Idaho 83642, hereinafter referred to as "Grantee", for the
purposes set forth hereafter.
2.
RECITALS:
1.1
WHEREAS, Grantor is the mvner of the real propertv described in
Exhibit "A" attached hereto and incorporated herein; and
1.2
WHEREAS, Grantor desires to provide Grantee a right of ingress and
egress across a portion of the property described in Exhibit "A"; and
1.3
WHEREAS, Grantee has requested that Grantor convey to Grantee a
nonexclusive easement on a portion of the real property described in
Exhibit "A" for the purposes described below; and
1.4
WHEREAS, the purpose of this Agreement is to desClibe the easement
granted and to establish the relative rights and obligations of the parties
regarding the easements granted under this Agreement;
NOW, THEREFORE, in consideration of the mutual agreements of the
parties, and for other good and valuable consideration, the receipt, existence, and
sufficiency of which is hereby acknowledged,
IT IS HEREBY AGREED:
1. Grant: Grantor does hereby grant and convey to Grantee the
right-of-way for an easement for ingress and egress across a portion of the property
described in Exhibit "A", attached hereto, it being anticipated that the easement will
be approximately twenty (20) feet wide by one hundred twenty (120) feet long
through the center of the parking lot on Lots 17 and 18 in a north to south direction
beginning at Pine Street and ending at the allev as sho\\11 on the map which is page 2
of Exhibit "A". Additionally, if Grantor shall sell the property, this easement for the
portion of property described in Exhibit "A" shall be binding upon any future owners.
2. Purpose of Easement: The easement granted hereunder is granted
for the purpose of providing Grantee with the right of ingress and egress across a
portion of the hereinabove described real property for business, shopping and
recreation.
3. Maintenance and Cost of Easement:
and maintaining the easement shall be borne by Grantor.
The cost of establishing
4. Term of Easement: The term of this Easement Agreement shall be
perpetual. The Agreement shall not be changed orallv, nor shall it be modified in any
way by the act of any of the parties hereto.
5. Eminent Domain: In the event that all or a portion of the
property is taken by a government or quasi government entity under the power of
Eminent domain or sold in lieu of the exercise thereof. Upon a partial taking by
Eminent domain, it shall be within Grantor's sole discretion whether this easement
may be maintained or restored. Grantor shall inform Grantee of this decision in
writing which decision shall be binding upon the parties to this Agreement.
6. Notices: Any notice, demand, or request or other communication
given pursuant to this Agreement, or the exercise of the rights hereunder, shall be
deemed served, given, n\ade, or communicated on the date of delivery if personally
delivered, or on the third business day after the same shall have been deposited in the
United States mail, registered or certified mail, return receipt requested, postage
prepaid, properlv addressed as follows:
Grantor:
Laneyland Limited Partnership
910 West Main Street, Suite 240
Boise, Idaho 83702
Grantee:
City of Meridian
33 East Idaho
Meridian, Idaho 83642
A party may change its address by delivering to the other party a written
notification thereof in accordance with the requirements of this section.
7. Default: A waiver by the Grantee of any default by Grantor of any
one or more of the conditions hereof shall apply solely to the breach and breaches
waived and shall not bar any other rights or remedies of Grantee or apply to any
subsequent breach of any such or other conditions.
8. Governing Law, Jurisdiction and Venue: This Agreement shall be
construed and interpreted in accordance with the laws of the State of Idaho. The
parties hereto agree that the courts of Idaho shall have exclusive jurisdiction and
agree that Ada County is the proper venue.
9. Remedies: This Agreement shall be enforceable in any court of
competent jurisdiction by either Grantee or Grantor, or by any successor or successors
in title or by the assigns of the parties hereto. Enforcement may be sought by an
appropriate action at law or in equity to secure the specific performance of the
covenants, agreements, conditions, and obligations contained herein.
9.1
9.2
In the event of a material breach of this Agreement, the parties
agree that Grantee and Grantor shall have thirtv (30) days after
deIivelY of notice of said breach to correct the same prior to the
non-breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which
cannot with diligence be cured within such thirty (30) day period,
if the defaulting partv shall commence to cure the same within
such thirty (30) day period and thereafter shall prosecute the
Cluing of same \\~th diligence and continuity, then the time
allowed to cure such failure may be extended for such period as
may be necessaty to complete the curing of the same with
diligence and contimúty.
In the event the performance of any covenant to be performed
hereunder bv either Grantor or Grantee is delaved for causes
. .
which are beyond the reasonable control of the party responsible
for such performance, which shall include, without limitation, acts
of civil disobedience, strikes or similar causes, the time for such
performance shall be extended by the amount of time of such
delay.
10. Requirement for Recordation: Grantee shall record either a
memorandum of this Agreement or this Agreement, including, if anv, Exhibits, at
Grantee's cost, and submit proof of such recording to Grantor.
11. Attorney Fees: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing partv shall be entitled, in
addition to any other relief as mav be granted, to court costs and reasonable
attorney's fees as determined by a Court of competent jurisdiction. This provision
shall be deemed to be a separate contract between the parties and shall survive any
default, termination or forfeiture of this Agreement.
12. Time is of the Essence: The parties hereto aclmowledge and agree
that time is strictly of the essence \\~th respect to each and everv term, condition and
provision hereof, and that the failure to timelv perform any of the obligations
hereunder shall constitute a breach of and a default under this Agreement by the
other party so failing to perform.
13. InyaIid Provision: If anv provision of this Agreement is held not
valid by a Court of competent jurisdiction, such provision shall be deemed to be
excised from this Agreement and the invalidity thereof shall not affect any of the
other provisions contained herein.
14. Final Agreement: This Agreement, including the exhibits attached
hereto, sets forth all promises, inducements, agreements, condition and
understandings between Grantor and Grantee relative to the subject matter hereof,
and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between Grantor and Grantee, other than as are stated
herein. Except as herein othen\~se provided, no subsequent alteration, amendment,
change or addition to this Agreement shall be binding upon the parties hereto unless
reduced to \\1-iting and signed by them or their successors in interest or their assigns,
and pursuant, \\~th respect to Grantee, to a duly adopted resolution of Grantee.
15. Binding Effect: The provisions and stipulations of this Agreement shall
inure to and bind the heirs, personal representatives, assigns and successors in interest
of the parties hereto.
DATED this 27~dayof ~6Þ-~¡f-
, 2001.
By:
'Ý
By:
/2.06 ¡..-~.ð. &:>r-r/LI !11t2!j17l-
/In''n'VU' b<j {!/"1y e~~ 2-27-01
Attest:
BvA~~~~/}
City Clerk
STATE OF IDAHO,
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County of Ada,
On this ~ day of VY\t;tr~ , 200 I, before me, the undersigned, a
Notary Public, personally appeared ~ M~ ~ ' of
Lanevland Limited Partnership, known or i entified to me to be the person whose
name is subscribed to the within instrument, and acknowledged to me that such
he/she executed the same.
IT WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.
(SEAL)
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STATE OF IDAHO,
: ss.
Countv of Ada,
On this b tb. day of Vt'lAN'-A ' 200 I, before me, a NotaJY Public,
personally appeared Robert D. Corrie and VVilliam G. Berg, Jr., knO\\11 or identified
to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who
executed the instrument or the person that executed the instrument on behalf of said
City, and aclmowledged to me that such City executed the same.
lT WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above \\Titten.
(SEAL)
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