Recorded easement giving Speedway access to Watertower drive through Storey Park ExtensionRECORDING REQUESTED .BYAND
WHEN RECORDED RET URN TO:
City Clerk
City of Meridian
33 E. Broadway
Meridian, Idaho 83642
ELECTRONICALLY RECORDED - DO NOT
REMOVE THE COUNTY STAMPED FIRST
PAGE AS IT 1S NOW INCORPORATED AS
ADA COUNTY RECORDER Christopher D. Rich AMOUNT 43.00 12
BOISE IDAHO 05/30/2014 03:31 PM
DEPUTY Victoria Bailey
Siniplifile E le -RE, QUEST
Recording VIII III1 VIII Illlll IIIIII Ill VIII Illlll IIIIII [II VIII II� VIII
RRCORbRbUEST OT I l
PIONEER TITLE COMPANY OF ADA C 114042028
EASEMENT AGREEMENT
This Easement Agreement ("Easement Agreement") is made and entered into this-3&—
day
his3 ---
day of M,q�(,, , 2014 by and between The City of Meridian,, an Idaho Municipal
Corporation ("Grantor") whose current address is 33 E. Broadway, Meridian Idaho, 83642 and
the Meridian Dairy & Stock Shows, Inc., an Idaho Corporation ("Grantee"), whose current
address is 1892 W. Hendricks Ct, Meridian, Id 83646.
RECITALS:
WHEREAS, Grantor is the owner of the real property described on Exhibit attached
("Grantor Real Property").
WHEREAS, Grantee is the owner of the real property described on Exhibit B attached
("Benefited Real Property").
WHEREAS, The Grantee has requested the Grantor to convey to the Grantee a
nonexclusive easement on a portion of the Grantor Real Property in favor of the Benefited Real
Property for the purposes described in Section 2.1 below. The portion of the Grantor Real
Property that has been requested for the easement is described on Exhibit C attached ("Easement
Real Property") and Exhibit D attached ("Easement Sketch").
WHEREAS, 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.
AGREEMENT:
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereby agree as follows:
EASEMENT AGREEMENT - 1
RECORDING REQUESTED B)'AND
WHEN RECORDED RETURN TO:
City Clerk
City of Meridian
33 E. Broadway
Meridian, Idaho 83642
ELECTRONICALLY RECORDED - DO NOT
REMOVE THE COUNTY STAMPED FIRST
NAGE AS IT IS NOW INCORPORATED AS
PART ()p lam WRIP14-
EASEMENT AGREEMENT
This Easement Agreement ("Easement Agreement") is made and entered into this 3d—
day of � IjAt,,2014 by grid between The City of Meridian, an Idaho Municipal
Corporation ("Grantor") whose current address is 33 E. Broadway, Meridian Idaho, 83642 and
the Meridian Dairy & Stock Shows, Inc., an Idaho Corporation ("Grantee"), whose current
address is 1892 W. Hendricks Ct, Meridian, Id 83646.
RECITALS:
WHEREAS, Grantor is the owner of the real property described on Exhibit A attached
("Grantor Real Property").
WHEREAS, Grantee is the owner of the real property described on Exhibit B attached
("Benefited Real Property").
WHEREAS, The Grantee has requested the Grantor to convey to the Grantee a
nonexclusive easement on a portion of the Grantor Real Property in favor of the Benefited Real
Property for the purposes described in Section 2.1 below. The portion of the Grantor Real
Property that has been requested for the easement is described on Exhibit C attached ("Easement
Real Property") and Exhibit D attached ("Easement Sketch").
WHEREAS, 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.
AGREEMENT:
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereby agree as follows:
EASEMENT AGREEMENT - 1
1. Recitals. The parties hereto repeat herein by this reference the Recital paragraphs set
forth above as if said paragraphs were set forth here in full.
2. Grant of Easement. For value received, Grantor hereby GRANTS AND CONVEYS to
the Grantee a perpetual nonexclusive easement on the Easement Real Property ("Easement").
2.1 Purposes of Easement. The Easement is granted solely for the following
purposes and no other: The Easement shall be used for ingress and egress for pedestrian and
vehicular travel by Grantee and its respective tenants, representatives, customers, invitees, and
agents. Grantee's use of this nonexclusive easement shall not be inconsistent with and shall not
interfere with Grantor's use of the Easement as ingress and egress to a public park. No vehicle
operating on the Easement shall exceed a speed of fifteen (15) miles per hour, except as
otherwise designated by signs posted by Grantor. No parking of any vehicles shall be permitted
on the Easement.
2.2 Easement Obstructions. 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 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 the owner of the Benefited Real Property, and its
respective tenants, representatives, customers, invitees, and agents, and such work shall be
diligently prosecuted to completion.
2.3 Relocation Reservation. This 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 the use of the Easement
by construction vehicles with Grantor. 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, provided, however, that the location
where the Easement abuts the Benefited Real Property shall not be altered without the express
written consent of the owner of the Benefited Real Property. The parties then agree to execute,
deliver and record an amendment to this document to evidence any such relocation.
2.4 Covenants and Agreements of the Grantor. 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 Real Property, 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 Benefited Real Property.
2.4.1 Repair and Maintenance. Subject to Grantee's obligations as set forth in
Section 2.5.3, below, Grantor shall at its expense maintain all improvements located on the
Easement Real Property in good and sufficient repair and shall keep the Easement Real Property
in a neat and aesthetically pleasing condition.
EASEMENT AGREEMENT - 2
2.5 Covenants and Agreements of the Grantee. 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:
2.5.1. Indemnification. To indemnify, defend, and hold harmless the Grantor,
and its successors, assigns and agents from any loss, claim, or other liability of any nature
(including attorney fees and costs) that znay arise from any use of the Easement by the Grantee
and its respective tenants, representatives, customers, invitees, and agents.
2.5.2 Insurance. To purchase and maintain at all times a policy of
Comprehensive General Liability insurance utilizing an Insurance Services Office standard form
with Broad Form General Liability Endorsement, or equivalent in an amount of not less than
$1,000,000.00 per occurrence of bodily injury and property damage combined. The policy shall
insure the Grantee with the owner(s) of the Easement Real Property as an additional insured and
shall also insure against liability arising out of the use, occupancy or maintenance of the
Easement Real Property. The policy shall be with a company with a Best's rating of B+ or
higher (or equivalent substitute rating).
2.5.3 Repair of Damage. All damage to any improvements caused by
Grantee's use shall be repaired by Grantee as promptly as is reasonably possible. If such repairs
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. The
Grantee shall be liable, and the Benefited Real Property shall be subject to a lien for all costs and
expenses incurred by the Grantor in taking -such corrective action, plus all costs incurred in
collecting the amounts due.
2.5.4 Installation of Below -Ground Utilities by Grantee. In the event the
Grantee shall desire to install or construct utilities to the Benefited Real Property in the Easement
Real Property, Grantee shall provide Grantor with not less than sixty (60) days advance written
notice to Grantor, which notice shall include a copy of all proposed plans and specifications for
the location of such below -ground utilities. The installation of such utilities by Grantee: (i) shall
be performed in a good and workrnanlike manner; (ii) shall be performed at Grantee's sole cost
and expense and at no expense to Grantor; (iii) once commenced, all such work shall be
conducted in the most expeditious mariner reasonably possible to minimize the interference with
the use of the Easement Real Property by Grantor; and (iv) the Easement Real Property shall be
restored to the condition in which it existed immediately prior to such installation. No
installation of below -ground utilities shall be allowed between the dates of May I" and July 31St
of each calendar year.
3. General Provisions.
3.1 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 set forth in the introductory
EASEMENT AGREEMENT - 3
paragraph of this Agreement. 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.
3.2 Attorney Fees and Costs. 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 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.
3.3 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.
3.4 Time of the Essence. Time is of the essence with respect to the obligations to be
performed under this Easement Agreement.
3.5 Rights Cumulative. Except as expressly provided in this Easement Agreemcnt,
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.
3.6 Nonwaiver 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.
3.7 Successors and Assigns. 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.
3.8 Entire Agreement. All Schedules and Exhibits to this Easement Agreement
constitute a part of this Easement Agreement. This Easement Agreement, together with the
accompanying Schedules and Exhibits, constitutes the entire agreement among the parties and
supersedes all prior memoranda, correspondence, conversations and negotiations.
IN WITNESS WHEREOF, the undersigned have caused this Access Easement Agreement to be
executed the day and year first written above.
SIGNATURES TO FOLLOW ON NEXT PAGE
EASEMENT AGREEMENT - 4
GRANTOR
CITY OF MERIDIAN
By
Mayor Tammy de Weerd
Attest:
City Clerk
GRANTEE
MERIDIAN DAIRY & STOCK ,SNOWS INC.
By By
President Hillebrand </Bruijn Secreta6 Geraid W. Mattison
STATE OF IDAHO }
} ss.
County of Ada }
On this day of , 2414, before me ,
personally appeared Taminy de Weerd and Jaycee Holman, known or identified to me to be the
Mayor and City Clerk of the municipal corporati who executed and attested, respectively ,the
instrument on behalf of said municipal corp ion, and acknowledged to me that such municipal
corporation executed the same.
IN WITNESS WHE , I have hereunto set my hand and affixed my official seal the
day and year in this certific e first above written.
NOTARY PUBLIC FOR IDAHO
Residing at
My Commission Expires
EASEMENT AGREEMENT - 5
STATE OF IDAHO
r�� � ss.
County of _ A )
On this day of, 2014, before me �iX 5A h
personally appeared Hillebrand J. Br jn and Gerald W. Mattison, known or identified to me to
be the president and secretary of the corporation that executed the instrument or the persons who
executed the instrument on behalf of said corporation, and acknowledged to me that such
corporation 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.
EASEMENT AGREEMENT - 6
NOTARY PUBLIC tOR IDAHO
Residing at
My Commission Expires
Residing at Caldweil, IDS
My Commission Expires: 05-05-2017
GRANTOR
CITY OF MERIDIAN
By
Mayor Tammy Weerd
GRANTEE
MERIDIAN DAIRY & STOCK SHOWS INC.
By
President Hillebrand J. Bruijn
STATE OF IDAHO )
ss.
County of Ada )
Attest:
A[IC1igT
7
j9
O�
t ioarca
SEALw
A9
ASuV,00
.000
By
Secretary Gerald W. Mattison
On this Q;:), day of " cNd2014, before me
�`
personallyappeared Tamm de WeerdandJiZ6 �s
, known or identified to me to be the
Mayor and City Clerk of the municipal corporation who executed and attested, respectively ,the
instrument on behalf of said municipal corporation, and acknowledged to me that such municipal
corporation 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.
Bg44®9000
O + y S
a W'Z •
'••arrrr••
EASEMENT AGREEMENT - 5
NOTARY PUBLIC FOR IDAHO
Residing at�l W:J
My Commission Expires co 4 S
STATE OF IDAHO )
ss.
County of )
On this day of , 2014, before me ,
personally appeared Hillebrand J. Bruijn and Gerald W. Mattison, known or identified to me to
be the president and secretary of the corporation that executed the instrument or the persons who
executed the instrument on behalf of said corporation, and acknowledged to me that such
corporation executed the same.
INT WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
NOTARY PUBLIC FOR IDAHO
Residing at
My Commission Expires
EASEMENT AGREEMENT - 6
EXHIBIT A
Grantor Real Property
The following described real property in Ada County, State of Idaho, more particularly
described as follows to wit;
Lots 1, 2, and 4, Block 1 of the Storey Park Subdivision
Lot 5, Block 2 of the Honor Park Subdivision No. 2
EASEMENT AGREEMENT - 7
EXHIBIT B
Benefited Real Property
The following described real property in Ada County, State of Idaho, more particularly
described as follows to wit:
Lot 3, Block 1 of the Storey Park Subdivision
Parcel #3121 of Govt Lot 01, Section 18 3N IE
EASEMENT AGREEMENT - 8
EXHIBIT C
Easement Real Property
The following described real property in Ada County, State of Idaho, more particularly
described as follows to wit:
EASMENT DESCRIPTION
FOR
TrM, CITY OF MERII?IAN, IDAHO
An easement located in the NW % of Section 18, Township 3 North,
Range 1 East, Boise Meridian and lying across a part of Lot 5 of Block 2 of HONOR PARK
SUBD.IYISION NO..2 as shown in Book 68 of Plats at Page 6959 and across a part of that parcel
shown on Record of Survey No.. 8737Lal1 on file in the office of the Recorder., Ada County,
Idaho, more particularly described as fbT1ow—s--'1 Now a part of Lot 2, 81&k 1, Storey Park Sub,
filed in Book 106 pages 14731-14733 of Plats
Commencing at a Yz inch diameter iron pin marking the southwesterly corner of said Lot 5, from
which a 518 inch diameter iron pin marking the northwesterly corner of said Lot 5 bears
N 0129'08" W a distance of204.11 feet;
Thence N 8930'52" E along the southerly boundary of said Lot 5 a distance of 27.82 feet to the
POINT OF BEGINN1NQ;
Thence. continuing N 8930'52" E a distance of 24.00 feet to a point;
Thence leaving said southerly boundary N 0° 17'35" W a distance of 158.52 :feet to a point;
Thence a distance of 171.42 feet along the are of a 78600 :foot radius curve left, said curve
having a central angle of 1229'46" and a long chord bearing N 632'28" W a distance of 171.09
feet to a point;
Thence N 5652103" W a distance o£69.05 :feet to a point;
Thence S 2216'20" L -r a distance of 21.13 feet to a point;
Thence a distance of 19.84 feet along the arc, of a 215.00 radius curve right, said curve, having a
central angle of 5017'11" and a long chord bearing S 19037'44" E a distance of 19.83 feet to a
Point;
Thence S 56152'03" E a distance of 26.06 feet to a point;
Thence a distance of 156.54 feet along the arc of a 762.00 radius non tangent carve right, said
curve having a radius point bearing S 77056'12" W, a central angle of 1.1146'13" and a long
chord. bearing S 6110142" E a distance of 156.26 feet to a point;
Thence S 0117'35" E a distance of 158.60 feet to the POINT OF BEOINNIN0,
This parcel contains 8,870 square -fect (0.204 acres) and is subject to any other easements
existing or in use.
Prepared by: Glenn K- Bennett, PLS
Civil Survey Consultants, Incorporated
December 6, 2013
fi411 K. BE
EASEMENT AGREEMENT - 9
EXHIBIT D
Easement Sketch
EASEMENT AGREEMENT - 20
4i
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EASEMENT AGREEMENT - 20