Loading...
Murgoitio access agreementADA COUNTY RECORDER J, DAVID NAVARRO AMOUNT 27.00 9 1 BOISE IDAHO 05116/09 04:20 PM DEPUTY VlcWAllen III IIIIIIIIIIIIIIII�IIIII�II�IIIIIIII RECORDED—REQUEST OF Pioneer 109056420 Recording Requested By and When Recorded Return to: City Clerk City of Meridian 33 East Broadway Avenue Meridian, ID 83642 _e92% (1 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY ACCESS EASEMENT This Access Easement ("Easement Agreement") is made effective this �4day of May, 2009, by and between The City of Meridian, an Idaho Municipal Corporation ("Grantor"), and L & G Murgoitio, LLC, an Idaho limited liability company ("Grantee"). The Grantor and Grantee may be collectively referred to as the parties. RECITALS: WHEREAS, Grantor is the owner of that certain property in Ada County, Idaho, as more fully described in Exhibit A, which exhibit is attached hereto and incorporated herein ("Grantor's Property"); WHEREAS, Grantee is the owner of that certain property in Ada County, Idaho as described in Exhibit B, which exhibit is attached hereto and incorporated herein ("Grantee's Property"); WHEREAS, Grantor desires to grant and Grantee desires to receive an easement for ingress and egress across the Grantor's Property as legally described on Exhibit C and depicted on Exhibit D under the terms and conditions outlined hereafter. AGREEMENT: NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Grant. Subject to the terms and provisions of this Easement Agreement, Grantor hereby grants a non-exclusive perpetual access easement over, on, across, and through the Grantor's Property for ingress and egress in the location described in Exhibit C and depicted in Exhibit D attached hereto ("Easement"). ACCESS EASEMENT - 1 02872.0002.1599540.2 2. Purpose of Easement. The Easement shall be used for ingress and egress for vehicular and pedestrian travel by Grantee and its representatives, customers, invitees, employees and agents. No parking of any vehicles shall be permitted on the Easement. 3. Binding on Successors. This Easement Agreement shall be recorded in the official records of Ada County, Idaho, and shall be binding on the heirs, successors, administrators, executors and assigns of all parties hereto and shall run with the land. 4. Counterparts. This Easement Agreement may be executed in counterparts, each part being considered an original document, all parts being but one document. 5. Indemnification By Grantee. The Grantee agrees to indemnify, defend and hold the Grantor, and its successors, assigns, and agents harmless from any and all claims, liabilities, losses, costs, charges, or expense (collectively "Claims") that arise from its use or use by its customers, agents, invitees, employees or representatives of the Easement, unless such claims are caused by Grantor or Grantor's agents', representatives', contractors', employers', or invitees' negligence of intentional act. 6. Indemnification by Grantor. The Grantor agrees to indemnify, defend and hold the Grantee, and its successors, assigns, manager, members and agents harmless from any and all Claims that arise from its use or use by its customers, agents, invitees, employees or representatives of the Easement, unless such Claims are caused by Grantee or Grantee's agents', representatives', contractors', employees' or invitees' negligence or intentional act. 7. Remedies. In the event of a breach hereunder by any party, the non -breaching party shall have all remedies available at law or in equity, including the availability of injunctive relief. In any suit, action or appeal therefrom to enforce or interpret this Easement Agreement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees and disbursements. 8. Relocation Reservation. The Easement is being granted prior to the development of the Grantor's Property. The Grantor has no obligation to make improvements upon the Grantor's Property for the Easement. Grantee shall coordinate its use of the Easement with Grantor's use thereof by construction vehicles being operated thereon in connection with Grantor's development of Grantor's Property. Grantor hereby reserves the right to relocate the Easement upon the Grantor's Property either before or after the development of the Grantor's Property, upon thirty days' prior written notice to Grantee. The parties furthermore agree to execute, deliver and record an amendment to this Easement Agreement to evidence the relocation of the Easement. 9. Termination. The Easement is being granted while the Grantee's Property is being used for agricultural purposes. At such time that Grantee's Property is developed into a non-agricultural use, the Easement shall automatically terminate. ACCESS EASEMENT - 2 02872.0002.1539540.2 10. Easement Obstructions. Grantor agrees that no fence or other barrier shall be erected or permitted within or across the Easement which would prevent or obstruct the passage of pedestrian or vehicular travel; provided, however, that the foregoing shall not prohibit (i) the temporary erection of barricades which are reasonably necessary for security and/or safety purposes in connection with the construction, reconstruction, repair and maintenance of improvements, including the Easement, on the Grantor's Property, it being agreed by the parties however, that all such work shall be conducted in the most expeditious manner reasonably possible to minimize the interference with the use of the Easement by Grantee, and such work shall be diligently prosecuted to completion, or (ii) the construction of limited curbing or other forms of traffic controls along the outer perimeter of the Easement. Grantor reserves the right to close off the Easement for such reasonable period of time as may be legally necessary to prevent the acquisition of prescriptive rights by anyone; provided, however, that prior to taking such action, Grantor shall give written notice to Grantee of its intention to do so, and to the extent reasonably possible, the parties shall coordinate such closing so that the interruption in the use and enjoyment of the Easement is kept to a minimum. 11. Notices. All notices, demands and requests required or desired to be given under this Agreement must be in writing and shall be deemed to have been given as of the date such writing is (i) delivered to the party intended, (ii) delivered to the then current address of the party intended, or (iii) rejected at the then current address of the party intended, provided such writing was sent prepaid. The initial address of the signatories hereto is: Grantee: L & G Murgoitio, LLC 6575 South Locust Grove Road Meridian, Idaho 83642 ATTN: Gary R. Murgoitio, Manager Grantor: City Clerk City of Meridian 33 East Broadway Avenue Meridian, Idaho 83642 Upon at least ten (10) days' prior written notice, each party shall have the right to change its address to any other address within the United States of America. 12. Dedications. Grantor excepts and reserves unto itself, its successors and assigns, the right to dedicate the Easement as a public street or drive at any time at its sole election. Upon any such dedication all private rights of Grantee therein shall automatically terminate and expire. Until and unless an express dedication is made of the Easement, no use hereunder shall be deemed to constitute the Easement as a public way or a quasi -public way, but to the contrary the Easement shall constitute and remain a private way and drive. No dedication shall, however, be made of the Easement unless: ACCESS EASEMENT - 3 02872.0002.7 539540.2 a. Such Easement is accepted by the public entity for maintenance as a public street or drive; and b. The dedication does not preclude or prevent the continued use by Grantee of the entrance to and exit from the Easement then being used incident to the Grantee's Property. IN WITNESS WHEREOF, the undersigned have caused this Easement Agreement to be executed the day and year first written above. GRANTOR: THE CITY OF MERIDIAN, an Idaho municipal corporation AA"To,mmy W rd, Mayor ATF 2 0 BEAhTT ST— City City C rk _ 1 %ice O T 1Sj' Z�: L & G MURGOITIO, LLC, an Idaho limited liability company By /,, e Gary R urgoitio, Man ger ACCESS EASEMENT -4 02872.0002.1539540.2 STATE OF IDAHO ) ) ss. County of Ada ) On this 5:!` day of May, 2009, before me, kk�dUtU AA-6eP�v r� a Notary Public in and for said state, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City 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. STATE OF IDAHO ) ) ss. County of Ada ) Notary Public for Idaho Residing at My Commission Expires On this _1, ��' day of May, 2009, before me, A,1 '"k ( i . , a Notary Public in and for said State, personally appeared Gary R. Murgoitio, known or identified to me to be the manager of L & G Murgoitio, LLC, 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 hereunto set my hand and affixed my official seal the day and year in this ce`tificate first above written. "t Notary Pu lic for Idaho Residing at My Commission Expires3 ACCESS EASEMENT -5 02872.0002.1539540.2 EXHIBIT A (Grantor's Property Legal Description) PARCEL 2410: A portion of the East half of the Northwest quarter of Section 5, Township 2 North, Range 1 East, Boise Meridian, Ada County, Idaho more particularly described as follows: Commencing at the North quarter comer of said Section 5 from which the West 1/16 comer of said Section 5 bears North 89°58'22" West, 1331.92 feet; Thence along the North-South centerline of said Section 5, South 00°01' 18" West, 500.00 feet to the REAL POINT OF BEGINNING; Thence continuing along said North-South centerline South 00°01'] 8" West, 2174.91 feet to the CIA corner of said Section 5; Thence along the East-West centerline of said Section 5 North 89052'48" West, 1329.59 feet to the C -W 1/16 corner of said Section 5; Thence along the West boundary line of the East half of the Northwest quarter of said Section 5 North 00°01'41" West, 2672.76 feet to the West 1/16 corner of said Section 5; Thence along the North boundary line of said Section 5 South 89°58'22" East, 983.43 feet; Thence leaving said North boundary line South 00'02'18" West, 500,00 feet; Thence South 89°58'22" East, 348.63 feet to the REAL POINT OF BEGINNING. C S141C 121ZEUNT01009m, 02672.0002.1539540.2 EXHIBIT B (Grantee's Property) (Parcel 0902): A parcel of land being a portion of the North half of Section 5, Township 2 North, Range 1 East of the Boise Meridian, Ada County, Idaho being more particularly described as follows: Commencing at the Northwest corner of Section 5, Township 2 North, Range 1 East, Boise Meridian, thence South 89 degrees 57'42" East 2663.77 feet to the Northwest corner of the Northeast quarter of the REAL POINT OF BEGINNING of this description; thence South 89 degrees 57'30" East 287.50 feet along the North line of the Northeast quarter to a point; thence South 00 degree 00'00" East 104.38 feet to a point on the centerline of the Farr Lateral; Along the centerline of the Farr Lateral the following: thence South 69 degrees 12'36" East 194.76 feet to a point of curvature; thence 153.61 feet along a curve to the right; said curve having a radius of 200.00 feet, a central angle of 44 degrees 00'19", a tangent of 80.82 feet and a chord of 149.86 feet which bears South 47 degrees 12'26" East 149.86 feet to a point of tangency; thence South 25 degrees 12'17" East 135.17 feet to a point; thence South 22 degrees 30'27" East 1518.71 feet to a point; thence South 50 degrees 00'00" East 27.38 feet to a point; thence South 00 degree 22'36" East 32.24 feet to a point; thence North 64 degrees 59'21" West 64.46 feet to a point; thence North 46 degrees 02'32" West 379.56 feet to a point; thence South 68 degrees 36'36" West 694.84 feet to a point; thence South 43 degrees 00'19" West 108.41 feet to a point; thence North 78 degrees 30'03" West 191.66 feet to a point on the West line of the Northeast quarter; thence North 00 degree 0I' 18" East 1854.47 feet to the REAL POINT OF BEGINNING. ACCESS EASEMENT - 7 02872.0002.1539540.2 EXHIBIT C (Easement Legal Description) An access easement located in the NEI/4 of the NWl/4 of Section 5, T.2N., RJE., B.M., Ada County, Idaho more particularly described as follows: Commencing at the NI/4 corner of said Section 5 from which the W1/16 corner of said Section 5 bears North 89°58'22" West, 1331.92 feet; thence along the North-South centerline of said Section 5 South 00'01'18" West, 500.00 feet to the REAL POINT OF BEGINNING of this easement; thence continuing along said North-South centerline South 00°O1' 18" West, 450.31 feet to the beginning of a non -tangent curve to the right; thence along said curve 91.35 feet, said curve having a radius of 50.00 feet, a central angle of 104°40'35" and a long chord of 79.16 feet which bears North 18°57'41" West; thence North 11°44'02" East, 53.34 feet; thence North 00°O1' 18" East, 323.22 feet; thence South 89°58'22" East, 14.92 feet to the REAL POINT OF BEGINNING. ACCESS EASEMENT -8 02872.0002.1539540.2 MJ&UII_i3 111118.0 (Depiction of Easement) W1/16 S 32 W LAKE HAZEL ROAD o...... Z��89_58'22" W 1331.92' S 5 ARTIACH PROPERTIES, LLC 0 of 0 I S 89'58'22" E _-- --- 14.92' MERIDIAN PARK LINE TABLE LINE LENGTH BEARING L1 53.34 N 11'44'02" E CURVE TABLE Curve Rodius Length lChord Dist.1 Chor rg. Delta Cl 50.00 91.35 79.16 N 18'ST41" W 704'40'35" 25 100 300 0 50 200 SCALE: 1" = 100' LEGEND ACCESS EASEMENT -9 S 32 1/4 S 5 L&G MURGOITIO I I ACCESS ROAD EASEMENT I I NI M I I• M 0 I WI � A /° dv �I of ro I• z i I O o i ' I N JL I I 11 I �l _I JI I I J I � t n\ I I I FOUND 5/8" IRON PIN FOUND BRASS CAP MONUMENT SECTION LINE EASEMENT LINE 02872.0002.1539540.2