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HomeMy WebLinkAboutPermissive Encroachment Agreement with Generations Building, LLC for Generations Building Property Line l'\1:."'''H\,",'-1oI 1'......"."...-. -" AOA COUNTY RECORDER If./JI/ _ J'~~ri~.~~x~~RO ~Lf--DEPUT~ ZOOI fiR -8 PM 1= 27 i 0 I 02 I 455 PERMISSIVE ENCROACHMENT AGREEMENT '~'O\A,N erTY fi6t(.(a....'1 , Zoo I THIS AGREEMENT is made and entered into this 27aday of DeeelRser, 200e, by and between TIfE CITY OF MERIDIAN, 33 E. Idaho 83642, hereinafter referred to as "Lessor", and GENERATIONS BUILDING, LLC, an Idaho Limited Liability Company, 910 Main Street, Suite 240, Boise, Idaho 83702, hereinafter referred to as "Lessee." WITNESSETH: WHEREAS, "Generations Building,LLC" is the owner of the following described real property, to-wit: Lot 4 in Block 5 of the ORIGINAL TOWNSITE OF MERlDIAN, according to the official plat thereof, filed in Book 1 of Plats at Page 29, records of Ada County, Idaho. Also, known by the physical address: 114 E. Idaho Ave., Meridian, Idaho 83642 hereinafter, for purposes of this Agreement, referred to as Parcel A; and WHEREAS, "CITY OF MERIDIAN" is the owner of the following described real property, to-wit: Lot 3, Block 5, of the Amended Plat of the Townsite of Meridian, Ada County, Idaho. hereinafter, for purposes of this Agreement, referred to as Parcel B; and WHEREAS, the above described properties belonging to the respective parties herein lie adjacent to and contiguous one to the other and there is a common ENCROACHMENT AGREEMENT.l boundary line'dividing said properties, which runs generally North and South in direction; and WHEREAS, the above described parcel of property above specified as Parcel A has been developed by the party owning said property, and "Generations Building, LLC" predecessors in interest, resulting in certain improvements consisting of a building wall, which said improvement encroaches approximately four inches, more or less, upon the east side of the above described parcel of property specified as Parcel B; and WHEREAS, the parties hereto desire to covenant and agree that for now and all time the owner, both now and in the future, of the parcel of property above specified as Parcel A shall have the right to encroach upon the parcel of property above specified as Parcel B, and shall have reasonable access over said parcel of property above specified as Parcel B for the purposes of repair and maintenance of the existing encroachment consisting of four inches along the east side of Parcel B. NOW, THEREFORE., IT IS HEREBY AGREED AS FOLLOWS: 1. That the parties hereto mutually covenant and agree that the above described real properties have a common boundary line dividing said parcels of property; that a building wall has been constructed upon the real property described as Parcel A and that said building wall is encroaching on said Parcel B approximately four inches, more or less, along the east side of Parcel B; that the parties hereto mutually covenant and agree that said existing building wall may continue as an encroachment upon Parcel B pursuant to this Agreement. 2.' The parties hereto mutually covenant and agree that if, in any future event, said existing encroachment consisting of a building wall is removed for any reason, that the replacement of said building wall shall be constructed within the real property above described as Parcel A and that said encroachment shall no longer be permitted upon Parcel B, if and when said replacement is necessary; that is to say, that in the event replacement of the building wall becomes necessary, that said improvement shall he reconstructed completely on the feal property known herein as Parcel A; it is the purpose of this Agreement to permit the limited encroachment by the owner of the real property known hefein as Parcel A upon the real property ENCROACHMENT AGREEMENT.2 known herein as Parcel B, but provided however, that this Agreement shall exclude any new building, new improvement or new addition to he made to or upon the real property known herein as Parcel A which would encroach upon the real property known herein as Parcel B from and after the date first written above. 3. The parties hereto covenant and agree that "Generations Building, LtC", its heirs, executors, administrators, assigns and successors in interest, shall have the right to maintain the real property known as Parcel A and that "Generations Building, LLC", its heirs, executors, administrators, assigns and successors in interest shall have reasonable access onto Parcel B for the purpose of maintaining the existing encroachment consisting of four inches. 4. The parties hereto do hereby mutually covenant and agree that the purpose for which this agreement is being entered into is to settle now and forever any discrepancies that may arise in the location of the improvement above described, which constitutes the existing encroachment belonging to "Generations Building, LLC" consisting of a building wall which does encroach upon the real property owned by "The City of Meridian" known herein as Parcel B; it is the mutual intent of the parties hereto to have this agreement control and bind all parties hereto, their heirs, administrators, executors, assigns and successors in interest with regard to the above described real property and the encroachment now existing thereon. 5. The provisions and stipulations of this agreement shall inure to and bind the heirs,' executors, administrators, assigns and successors in interest of the parties hereto. 6. This agreement -shall be recorded in the records of Ada County, State of Idaho. ENCROACHMENT AGREEMENT~3 IN WITNESS WHEREOF, the parties do execute this agreement the day and year first above written. illiam G. Berg, Jr. RESOLUTION NO. THE CITY OF MERIDIAN LESSOR ATTEST: BY' BY: ATTEST: BY: RESOLUTION NO. ENCROACHMENT AGREEMENT-4 Meridian CIty Council Wortc&hcp January 9. 2001 Page 26 Corrie: I read it, I think it's (inaudible) appropriate. De Weerd: No comment. Bird: No comment? Would you guys put that down on record? Tammy didn't have a comment. Do we need to get that on the agenda? Nichols: Mr. President, Mayor, members of the Council. I think what we had in mind was that now you've had a chance to look at it we can put it on the Consent Agenda. We can do that, we can send ft to them for signature, they're happy with it and then when the signed one's back it's on the Consent Agenda and we can approve it. Bird: Okay Mayor? Corrie: Yes. Issue #9 Discussion of Revenues from Parking Fines, Animal Control Fines and Idaho Power Franchise Fees Bird: Next Item, Discussion of Revenues from Parking Fines, Animal Control Fines and Idaho Power Franchise Fees. Janice is that your expertise? Smith: I brought some history. De Weerd: We knew you must be sticking around for something. (Inaudible discussion amongst Council members.) Bird: Janice if you would like to explain some things. J. Smith: I didn't put this on the agenda so I don't know if the police are here but I brought some history. I saw it on this agenda so I showed lip. Bird: I believe that the Chief and - Shari was that to ask about this? Stiles: Yes. Bird: Which one of you want to? Gordon: Mr. Mayor and Council, President, this was an issue. A couple of these points were issues two years ago with the parking fines and the Animal Control fines being used to fund some of the expenses on the pound and also on the Parking Ordinances. It just kind of never went anywhere and I was curious how - do you want to proceed? It was of interest two years ago. There was going to be a resolution drawn up the last that I remember it and that just never took STATE OF IDAHO ) :SS County of Ada, ) i/t1 '/I" " -- f. 2001 .A~ On this b - day of V nW\Ull. , in the year 2660, before me, ~i~ . a Notary Public. personally appeared ~~. and , known or identified to me to he the .f2Ad!]eYl ~~nd , respectively, of Generations Building, Ltc, who executed the instrument or the persons that executed the instrument on behalf of said Generations Building, LLC, and acknowledged to me that such Generations Building. LLC executed the same. ~d~O Commission expires:-.fJ'%-D h ....... .. U.. e:~ ~:.--~9...., es eO~...... TA A~~~.. :fV,/~ 0 -""'r).. \~ :~ **d. \>~ .~: JI( I II . . , . .. . I . . \ I . 0\, So ~""'''' A_1C;.,," 0 .. ~.... UJ:I)., ; . Ss :o1,..;~-~.;n~o ..~~OF p"'.. ....... STATE OF IDAHO ) (SEAL) :ss County of Ada 1.w1~ On this bt!1. day of ~c-h. , in the year 2OOG; before me, ~~6'. ~VII1~ Notary Public, personally appeared Robert D. Corrie and William G. B g, Jr., known or identified to me to be the Mayor and City Oerk, respectively, of th~.<;itv of Meridian, who executed the instrument or the persons 0- ... who that exc;~~,A{~~ent on behalf of said City, and acknowledged to me that such Ci~Q~M me. ~'~ \ . :=! *....... \~~ .....' }II ~>. ....... . . . \ / . .. \ , . s. · fom;C' · . ~""" :\! ..~' o. . ....""" -~ s. ~".;~_. <<"\ SO ....,QOFl.Y.. ........ (SEAL) ~:ahO Commission expires:~ z:\ W orklM\Meridian\Meridian 15360M\Parks\GenPlazaPatioDocs\PermissiveEncrochmtAgmt.wpd ENCROACHMENT AGREEMENT-5 x Meridian CIty CauncllWorkBhcp January 9, 2001 PElge25 homeowners or something else through a latecomer.. Bird: Yes, but not a 3 or 400 footer a three mile - Anderson: Yes but we're not talking about great distances. I was just trying to think as the Mayor brought up that topic, whether that could be extended to some commercial businesses. If it was just a single business and wasn't a large use, I really wouldn't have any problem with it on a commercial business with the same criteria. We're telling them that as soon as - possibly you have to apply for annexation and if you're contiguous, be annexed into the City. I think in those cases where they're not, if somebody wants us to extend it outside the City and their not contiguous in those decisions there ought to be a provision in this Ordinance. Like the Counselor said, allow that to come before the City Council. Bird: I believe that Gary and Bill can get together and write up one for us to review, I'm sure that would be acceptable. Any other questions? Smith: Mr. President, we would need to include the agreement for annexation as part of this Ordinance I would think too so they know. Thank you. . Issue #B Discussion of Permissive Encroachment Agreement _ _ - -:':~';j& J _,... .~____ Bird: The Permissive Encroachment Agreement. Who's handling that? Anderson: Who knows what it is? Bird: I know what it is, but are you taking care of that, Mr. Nichols? Nichols: Yes, the file is so thick I can't even get.it out of the box. This is the - you will recall the Generations Plaza. The building that encroached a whole four inches at one end of the lot line, and I think an inch and three quarters at the other end of the lot line. The stem wall was already,. the foundation was in and the wall was going up. I was directed to prepare an Encroachment Agreement whereby - ifs like a Party Wall Agreement that would allow this building to be in the same place. Now ife extended all the way out to the alley, but essentially the same line where the old building was which slighUy encroaches on to City property. Thafs what I've done, I've prepared that permissive encroachment agreement. Thafs it, that's was pursued to your direction. , Bird: Council? ' . , Anderson: I'm just glad to have it. Bird: Me too. Mayor, if we can't get anything out of the Council, maybe the Mayor can say something. MerIdian City Camell MeetIng Navember S. 2000 Page 71 Kuntz: Yes, sir. Anderson: I don't think the Pre..Council is the format to do it. McCandless: Well, what time does the P and Z meet? 7:30 p.m.? Bird: They should meet on Tuesdays. Ron is talking about a week from today. , This is a Wednesday. McCandless: Thafs what I said. What time do they meet? Anderson: Yes, I don't care. I'd just as soon get it over with. Berg: We can work out some dates options.. Kuntz: I was told that the Council was tied up next Wednesday, Thursday and Friday. Bird: What for? I think the Mayor is out of town - that energy thing. Kuntz: That would be great if we could do it next week. Could I just work with the City Clerk? Bird: Yes, you and the City Clerk work with the Mayor and see what we can come up with. ....tc'- -" ~~. CD ~e~~~"!lJ~~~\i~~~~_ Kuntz: Thank you. The last item I have for your consideration - you should have a memo in regards to the Generations building encroachment. It's a difficult situation and I think our City Attorney may have some suggestions on how we can resolve the problem. Nichols: Mr. President, members of the Council. My recommendation would be to do an Encroachment Agreement and be done with it. Technically, jf we make it a sale of the three inches or four inches or whatever it is, then it becomes a major process of appraisal and so forth if we just simply call it an Encroachment Agreement and they pay us some reasonable consideration and then we're done. It, in effect, takes away three inches or four inches or whatever along that side of City property and perpetuity for as long as the next buildings up.. In the overall scheme of things, I don't think it's worth trouble of actually selling it Just do an encroachment.. Bird: Council. Whafs your pleasure? Meridian City Counal MeetIng N(M!f'J1ber 8. 2000 Page 72 Anderson: So the option is not one that's listed on here, then? It's not to sell it. It's to sign an Encroachment Agreement? Nichols:- Councilman Anderson, that's correct. That way, we've got the - they _ have the ability at the point of the Encroachment Agreement. It's like a party wall agreement. At that point, they can go ahead and proceed with their construction. We could clean it up and do the boundary line adjustment and do the thing that's so forth later on, but I think it's just as easy to go ahead and do the encroachment. It's less trouble. Anderson: Mr. President. Bird: Mr. Anderson. Anderson: I would make a motion that we have the City Attorney draw up an Encroachment Agreement for the building that's being built by Stuart Lanney and Benoit next to Generations Plaza and authorize the Mayor to sign and the Clerk to attest. Bird: Do I hear a second? McCandless: Second. Bird: Okay. Any discussion? Hearing none. Let's vote on the motion made for the Generations building property line encroachment. All in favor? MOTION CARRIED: TWO AYES, ONE ABSENT. Bird: Any more, Tom? Kuntz: No. Thanks a lot. Item C. Fire Chief - Chief Bowers: - 1. Ten Mile Fire Station Owner/Contractor Agreement Bird: Thank you, Tom. Mr. Bowers. Bowers: Acting Mayor and or President Bird, City Council members. The first item we have is the Ten Mile Fire Station Agreement between the owner and the contractor. Bill Nichols has went through it and found out the risk insurance was not put in there this time. He has went to a couple seminars in the last year and he has found out that there is -some different things on risk management insurance now and some different things on the AJA Contract. We wUl make sure