Ada County Juvenile Detention Center Water EasementRECORDING REQUESTED BYAND
WHEN RECORDED RETURN TO:
Dave Loean, Director
Ada County Operations
200 W. Front Street
Boise, ID 83702
AGREEMENT EEMENT N®. ' I P /'-� f - %s
ADA COUNTY RECORDER Christopher D. Rich 2015-077044
BOISE IDAHO P9s=9 BONNIE 08/20/2015 09:41 AM '..
MERIDIAN CITY NO FEE
013 117 01600770 4 09 00
00130117201500770440090096
(Space Above For Recorder's Use)
WATER MAIN EASEMENT AGREEMENT
ThisEasement Agreement ("Easement Agreement") is made and entered into this i r/, ,
day of ((� 1 t i - 2015 by and between Ada County, a duly formed and existing
county pursuant` to the laws and Constitution of the State of Idaho, ("Grantor") whose current
address is 200 W. Front Sheet, Boise, Idaho 83702 and the City of Meridian ("Grantee"), whose
current address is 33 E. Broadway Ave., Meridian, Idaho, 83642.
1. Background.
1.1 Grantor Real Property. Grantor is the owner of the real property described and
depicted in Exhibits A & B attached ("Grantor Rea`Property").
1.2 Request for Easement. The Grantee has requested the Grantor to convey to the
Grantee a nonexclusive easement on the Grantor Real Property in favor of the Grantee for the
purposes described in Section 2.2 below. The portion of the Grantor Real Property that has been
requested for the easement is described and depicted in Exhibits & B attached hereto.
1.3 Purpose of Agreement. The purposes of this Easement Agreement are (i) to
describe the easement granted, and (ii) to establish the relative rights and obligations of the
parties regarding the easement granted under this Agreement.
2. Grant of Easement.
2.1 Grant. For value received, Grantor hereby GRANTS AND CONVEYS to the
Grantee a nonexclusive conditional easement on that portion of Grantor Real Property
(hereinafter "Easement") as described and depicted in ExhibitsA & B.
2.2 Purposes of Easement. The Easement is granted solely for the following
purposes and no other: The easement hereby granted is for the purpose and operation of a water
line and its allied facilities, together with its maintenance, repair, replacement and subsequent
connection at the convenience of the Grantee, with free right of access to such facilities at any
and all times.
WATER MAIN EASEMENT AGREEMENT — PAGE 1
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2.3 Term of Easement. Grantor grants all of the above-described real property to
Grantee and its successors and assigns for so long as Grantee shall use the aforesaid property for the
purposes mentioned above. If Grantee fails to so use the property for such purposes for a
continuous period of one (1) year or more, the above-described real property shall automatically
revert to Grantor and its successors and assigns without it being necessary for Grantor and its
successors or assigns to take any affirmative action to effectuate the reverter.
2.4 Covenants and Agreements of the Grantor.
2.4.1 The Grantor, on behalf of the Grantor and the Grantor's heirs, successors,
assigns, purchasers, or transferee of any kind, covenants and agrees with the Grantee and
the Grantee's heirs, successors, assigns, purchasers, or transferee of any kind, that the
provisions of this Easement Agreement (i) shall run with and bind the Easement, and (ii)
shall inure to the benefit of, and be enforceable (at law or in equity) by any owner of all
or part of, the Easement.
2.4.2 The Grantor, on behalf of the Grantor and the Grantor's heirs, successors,
assigns, purchasers, or transferee of any kind, hereby covenants and agrees that they will
not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs
or flowers within the area described and depicted by Exhibits A & B which would
interfere with the Grantee's use of the easement, for the purposes stated herein.
2.5 Covenants and Agreements of the Grantee to Repair and Maintain. The
Grantee, on behalf of the Grantee and the Grantee's heirs, successors, assigns, purchasers, or
transferee of any kind, covenants and agrees with the Grantor and the Grantor's heirs,
successors, assigns, purchasers, or transferee of any kind, as follows: to maintain all
improvements located on the Easement in good and sufficient repair and shall keep the Easement
in a neat and aesthetically pleasing condition. Grantee agrees that after making repairs,
performing maintenance, replacements or subsequent connections to the water mains, Grantee
shall restore the Easement and any adjacent Grantor real property to the condition that existed
prior to undertaking such procedures. All damage to any of Grantor's improvements shall be
repaired by Grantee as promptly as is reasonably possible. If such repairs or maintenance are not
made, the Grantor, upon fifteen (15) days prior written notice, shall have the right to correct such
condition. The Grantee shall promptly reimburse the Grantor for such costs.
3. General Provisions.
3.1 Mediation, Attorney Fees and Costs. Any controversy or claim arising out of or
relating to this Easement Agreement, or breach thereof, must be first submitted to mediation by a
mediator mutually acceptable to the parties and, if not resolved by mediation, may be finally
determined by litigation. If a suit, action, or other proceeding arising out of or related to this
Easement Agreement is instituted by any party to this Easement Agreement, the prevailing party
shall be entitled to recover its reasonable attorney fees, expert witness fees, and costs (i) incurred
in any settlement negotiations, (ii) incurred in preparing for, prosecuting or defending any suit,
action, or other proceeding, and (iii) incurred in preparing for, prosecuting or defending any
appeal of any suit, action, or other proceeding. For the purpose of this section, "attorney fees"
shall mean and include (i) attorney fees and (ii) paralegal fees. This section shall survive and
WATER MAIN EASEMENT AGREEMENT — PAGE 2
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remain enforceable notwithstanding any rescission of this Easement Agreement or a
determination by a court of competent jurisdiction that all or any portion of the remainder of this
Easement Agreement is void, illegal, or against public policy.
3.2 Governing Law, Jurisdiction, and Venue. This Easement Agreement shall be
construed and interpreted in accordance with the laws of the State of Idaho. The parties agree
that the courts of Idaho shall have exclusive jurisdiction and agree that Ada County is the proper
venue.
3.3 Time of the Essence. Time is of the essence with respect to the obligations to be
performed under this Easement Agreement.
3.4 Rights Cumulative. Except as expressly provided in this Easement Agreement,
and to the extent permitted by law, any remedies described in this Easement Agreement are
cumulative and not alternative to any other remedies available at law or in equity.
3.5 Nonrvaiver of Remedies. The failure or neglect of a party to enforce any remedy
available by reason of the failure of the other party to observe or perform a term or condition set
forth in this Easement Agreement shall not constitute a waiver of such term or condition. A
waiver by a party (i) shall not affect any term or condition other than the one specified in such
waiver, and (ii) shall waive a specified term or condition only for the time and in a manner
specifically stated in the waiver.
3.6 Successors and Assigns. Subject to any express provisions in this Easement
Agreement regarding restrictions on transfers or assignments, this Easement Agreement shall be
binding upon and inure to the benefit of the parties and their respective successors, assigns, heirs,
personal representatives, purchasers, or transferees of any kind.
3.7 Entire Agreement. All Exhibits to this Easement Agreement constitute a part of
this Easement Agreement. This Easement Agreement, together with the accompanying Exhibits,
constitutes the entire agreement among the parties and supersedes all prior memoranda,
correspondence, conversations and negotiations.
WATER MAIN EASEMENT AGREEMENT — PAGE 3
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4. Signatures.
GRANTOR: ADA COUNTY
Board of Ada County Commissioners
Date `i ; By:
Jit ibbs, Commissioner
By. r
Rick Yzaguirre, Con issioner
By: AA
Da id . Case, Commissioner
ATTEST:
Christopher. Rich, Ada County Clerk
STATE OF IDAHO
I ss.
County of Ada )
On this li day of ' C (,/ T;u % 2015, before me a notary public, personally
appeared Jim Tibbs, Rick Yzaguirre and David L. Case, and known or identified to me, to be the
County Commissioners of Ada County, that executed the said instrument, and acknowledged to me
that Ada County executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
1K �I, Nota Public for Idaho
F��. ..•pG i'1' f"
t TAR ,p Residing (� /z o z 4
P Commission
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WATER MAIN EASEMENT AGREEMENT — PAGE 4
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Date: C)\,q v_ SSI QOV�
ATTEST:
Jaycee�Ho an, City -CI
GRANTEE: CITY OF MERIDIAN
amm�
y de�W6eyd, Mayor
Approved by the Meridian City Council on �,t a 0s+�, 2015.
STATE OF IDAHO )
) ss.
CountyofPAO"__ )
On this I8 day of Q,)Q , 2015, tg6re me a notary public, personally
appeared Tammy de Weerd and Jttyeee 1-Hoh3xtn known or identified to me, to be the Mayor
and City Clerk of the City of Meridian respectively, and acknowledged to me that the City of
Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
NOTARY PU�a pc
Residing at
My Commission Expires
WATER MAIN EASEMENT AGREEMENT – PAGE 5
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NOTARY PU�a pc
Residing at
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WATER MAIN EASEMENT AGREEMENT – PAGE 5
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EXHIBIT A
LEGAL DESCRIPTION OF EASEMENT
(I page —attached)
WATER MAIN EASEMENT AGREEMENT — EXHIBIT A
0operations (sve agmts)\juvenile probation meridian easement agreement.doc
Legal Description
Ada County Juvenile Detention Center — City of Meridian Water Easement
Exhibit A
An easement being located in Lot 8 of Taylor Subdivision as shown in Book 11 of Plats on Page
637, records of Ada County, Idaho, situated in the SE % of the BE 114 of Section 12, Township 3
North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as
follows;
Commencing at an Aluminum Cap monument marking the southeast corner of the SE % of said
Section 12, from which a Brass Cap monument marking the southwest corner of said SE '% bears
N 89033'20" W a distance of 2657.39 feet;
Thence N 89°33'20" W along the southerly boundary of said SE Y< a distance of 423.83 feet to a
point;
Thence leaving said southerly boundary N 0°44'37" E a distance of 52.00 feet to a point on the
northerly right-of-way of W. Franklin Road;
Thence N 89°33'20" W along said northerly right-of-way of W. Franklin Road and the extension
thereof a distance of 162.90 feet to the POINT OF BEGINNING;
Thence continuing N 89033'20" W a distance of 10.00 feet to a point;
Thence leaving said northerly right-of-way N 0°44'37" E a distance of 15.00 feet to a point;
Thence S 89033'20" E a distance of 10.00 feet to a point;
Thence S 0°44'37" W a distance of 15.00 feetto the POINT OF BEGINNING.
This parcel contains 150,00 square feet and is subject to any other easements existing or In use.
Clinton W. Hansen, PLS
Land Solutions, PC
June 30, 2015 �oNP`J-LAos,.
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EXHIBIT
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Ada Co. Juvenile Oat Center
Job No, 16-26
EXHIBIT B
SURVEY MAP
(1 page — attached)
WATER MAIN EASEMENT AGREEMENT — EXHIBIT B
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