Easement Agreement with Laneyland Limited Partnership for Ingress Egress Generations Park Plaza IIRECORDED - REQUES'f OF
ADA COUNTY RECORDER
J. D VID NAVARRa DEPUTY.
",0117, I`� A.H.9 FEE .._.._
EASEMEN�,tARE8 101021453
PARTIES: 1. City of Meridian
2. Laneyland Linlite6 Partnership Vr-PINAN CITY
THIS EASEMENT AGREEMENT, is made this 2*71�—Aday of
2001, by and between Laneyland Limited Partnership, an Idaho partnership, 910
West Main Street, Suite 240, Boise, Idaho 53702, 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 owner of the real property 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 describe 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
sufficiencv 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 alley as sho�,nn � othe map which is page 2
of Exhibit "A". Additionally, if Grantor shall sell the property, this easement for the
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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: The cost of establishing
and maintaining the easement shall be borne by Grantor.
4. Term of Easement: The term of this Easement Agreement shall be
perpetual. The Agreement shall not be changed orally, 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 conununication
given pursuant to this Agreement, or the exercise of the rights hereunder, shall be
deemed served, given, made, 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, properly 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.
S. 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 la -vv or in equity to secure the specific performance of the
covenants, agreements, conditions, and obligations contained herein.
9.1 In the event of a material breach of this Agreement, the parties
agree that Grantee and Grantor shall have thirty (30) days after
delivery 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 party shall commence to cure the same within
such thirty (30) day period and thereafter shall prosecute the
curing of same with diligence and continuity, then the time
allowed to cure such failure may be extended for such period as
may be necessary to complete the curing of the same with
diligence and continuity.
9.2 In the event the performance of any covenant to be performed
hereunder by either Grantor or Grantee is delayed for causes
which are bevond 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 any, 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 party shall be entitled, in
addition to any other relief as may 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 acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations
hereunder shall constitute a breach of and a default Linder this Agreement by the
other party so failing to perform.
13. Invalid Provision: 1f any 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 otherwise provided, no subsequent alteration, amendment,
change or addition to this Agreement shall be binding upon the parties hereto unless
reduced to writing and signed by them or their successors in interest or their assigns,
and pursuant, with 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 1gday of /ii �-Gt..caz 2001.
GRANTOR:
LA
an
By:
Attest:
Bv: ' .
City Cleric
STATE OF IDAHO, )
ss.
County of Ada, )
GRANTEE:
CITY OF M
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On this day of 2001, before me, the undersigned, a
Notary Public, personallyappeared of
Laneyland Limited Partnership, known ori 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.
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Notary P rblic or Ida -io
Residing at:
My Commission Expires:
STATE OF IDAHO,
ss.
County of Ada,
On this 644,1 day of AA , 2001, before me, a Notary Public,
personally appeared Robert D. Corrie and William G. Berg, Jr., lu-iown or identified
to me to be the Mayor and City Cleric, respectively, of the City of Meridian, who
executed the instrument or the person that executed the instrument on behalf of said
City, and acknowledged to me that such City executed the same.
IT WITNESS WHEREOF, I have hereunto set lny hand and affixed my
official seal the day and year first above written.
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Meridian City Council Meeting
February 27, 2001
Page 29
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we approve this permissive Encroachment Agreement between
the City of Meridian and Generations Building LLC and Idaho limited liability
coming in for the Mayor to sign and the Clerk to attest.
McCandless: Second.
Corrie: Motion made and seconded to approve the Generations Plaza and
Permissive Encroachment Agreement. The Mayor to sign and the Clerk to attest.
Any further discussion? All those in favor of the Agreement say aye.
MOTION CARRIED: ALL AYES
2. Generations Plaza Building No. 2 Easement through Private
Parking Lot:
Kuntz: The next one is a new request, and it was initiated from the Planning and
Zoning Department. This affects the second building that will be going up
hopefully this summer, and it is to the north of Generations Plaza. They will be
constructing a brand new parking lot directly behind that building. And the
Planning and Zoning director wanted to make sure that in the years to come that
the public has the ability to enter through that parking lot without any restrictions
and then exit through the existing city parking lot on Pine Street. I believe the
information in you packets, the last page of it, actually shows a drawing depicting
where this easement would be which parking lot it would be located in, so we are
asking tonight for approval to institute this easement through that private parking
lot.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I would like to ask Mr. Nichols if he sees anything that can jump out and bite
us. I do not, but I am not a lawyer.
Nichols: Councilman Bird, Mayor and Members of the Council this essentially
gives us something that we do not have now, but it was partly in consideration of
our support for the partial vacation of the alley that ran to East First Street. That
there would be a way to route the traffic through the parking lots and get them
back out onto Pine Street. This is really to the city's benefit to be able to use that
parking lot on the east side of this building's parking lot.
Meridian City Council Meeting
February 27, 2001
Page 30
Bird: That is all I had Mayor.
Kuntz: Mr. Mayor and Members of Council I apologize, but the map actually
shows the parking stalls lined up the wrong direction.
Anderson: I just figured you Park guys backed into all of your stalls so you could
make quick get -a -ways.
Corrie: I was about to ask who was going to re -stripe it for you. Okay, any other
questions.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: Who is going to re -stripe it?
Kuntz: Council member de Weerd and Council and Mayor, the developer will be
restriping and redirecting the planting strips in those parking lots.
Corrie: I think you have answered that substantially.
De Weerd: I do have an unrelated question. What is the Parks policy of having
signs on Park property?
Kuntz: The signs that are in place right now are actually on the property that is
being leased from the city, and that lease was effective December 1, and we
have built a developer for that property.
De Weerd: Was not that a lease for a patio, not for a sign?
Kuntz: Yes, ma'am.
Bird: What is wrong with it?
De Weerd: Because that is right by our park.
Bird: That might be right by our park, but it is also a taxpayer that is doing it. It is
just there temporarily.
De Weerd: Yes, I have seen temporary signs. Thank you.
Kuntz: Council member de Weerd we have addressed that issue from time to
time over the last month, and I physically moved one of the signs myself with
another Parks employee. We drug it down the alley and onto their property
Meridian City Council Meeting
February 27, 2001
Page 31
behind their building, and I guess in the spirit of cooperation we feel like where
they are now that we can live with for a short period of time.
De Weerd: What kind of time schedule is Generations Plaza phase two on?
Kuntz: The opening of the Smoky Mountain Pizza is scheduled for March 15,
2001. We contacted The Land Group a little over a week ago and let them know
that that was the opening to try and have all of our plat work done by then —
*** End of Side Two ***
Kuntz: -- freezing problems. They want to make sure that the ground is thawed,
and they do not have to pour a third time. The other thing that I am not sure you
are aware of is there has been some extensive damage done to the landscaping
by the developer's contractor. And we have met on sight with the Wright Brothers
and there is an extensive letter in the file showing what kind of damages need to
be repaired by the developer of the Smoky Mountain Pizza building, and their
agreement that they will take care of those issues. To answer your question the
Wright Brothers have been notified when the pizza store is going to open, and
they will get in there as soon as they feel like it is safe to pour the flat work and
move ahead. I am hoping that we have things wrapped up down there by the end
of March.
Corrie: Usually when the snow is off of Bogus Basin plant your tomatoes.
De Weerd: Thank you, Tom.
Corrie: Okay, any further discussion? Hearing none, I will entertain a motion
then for the Easement Agreement on number 2, a through private parking lot.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we approve the Easement Agreement between the City of
Meridian and Lainey Land Limited Partnership.
Anderson: Second.
Corrie: Motion made and seconded to approve the Generations Plaza Building
and Number 2 Easement for a through private parking lot for the Mayor to sign
and the Clerk to attest. Any further discussion? All those in favor of the motion
say aye.
MOTION CARRIED: ALL AYES