Ingress Egress Easement with Ada County Highway District ACHD for Generations Plaza Parking LotADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
011!13108 02.30 PM
BOISE IDAH
DEPUTY Patl Thompson III ILII'lllll'llllll"IIII'IIIIIII'll
RECORDED—REQUEST OF 108123775
ACHD
INGRESS EGRESS EASEMENT
THIS INGRESS EGRESS EASEMENT (the "Easement"), is made and entered
into thigT-I day of , 2008, by and between The City of Meridian, an
Idaho Municipal Corporation, hereinafter referred to as "Grantor," and the ADA
COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho,
hereinafter referred to as "ACHD."
WITNESSETH:
FOR GOOD AND SUFFICIENT CONSIDERATION, IT IS AGREED:
SECTION 1. Recitals.
1.1 Grantor owns the real property located in Ada County, Idaho more
particularly described and depicted on Exhibits "A" and "B" respectively, attached hereto
and by this reference incorporated herein (hereinafter "Servient Estate").
1.2 ACHD has jurisdiction over the public rights-of-way and highways in Ada
County, Idaho, and those which adjoin and are adjacent to the Servient Estate
(hereinafter the "Dominant Estate").
1.3 ACHD is vacating a portion of a 16 foot wide alleyway intersecting N. Main
Street between E. Pine and E. Idaho Avenues, located in Block 5 of the Amended Plat
of the Townsite of Meridian, depicted on Exhibit "B" (hereinafter referred to as the
"Partial Alley Vacation"). The remaining portion of the alley on this block shall remain
open to the public.
1.4 The Servient Estate is a portion of a developed public parking lot and is
adjacent to the portion of the alley to remain open to the public.
1.5 As a condition of approving the Partial Alley Vacation, ACHD desires to
obtain an easement and public right-of-way on, over and across the Servient Estate to
provide access, connectivity, and circulation between the alley and Pine Avenue, and
for the purposes hereinafter described, and, for the consideration and on the terms and
conditions hereinafter set forth, Grantor is willing to grant such easement and public
right-of-way to ACHD.
Right -of -Way Easement, page 1
SECTION 2. Grant and Authorized Use; Non-exclusive Easement.
Grantor hereby grants to ACHD a non-exclusive ingress and egress easement
for a public right-of-way on, over, under and across the Servient Estate for use
by ACHD and the public, including but not limited to, members of the public
driving vehicles, those who are pedestrians (as defined in Idaho Code, section
49-117) and those who are bicyclists, and for ingress and egress for utilities to
exercise their statutory rights to use the public right-of-way, if any.
SECTION 3. Improvements; Repair and Maintenance.
3.1 ACHD acknowledges that the improvements on the Servient are sufficient
for the purposes of this non-exclusive easement and that no additional
construction shall be required by Grantor.
3.2 Grantor agrees to maintain and repair the improvements at its sole cost
and expense.
SECTION 4. Indemnification.
Subject to the provisions of, and limits of liability set forth in, the Idaho Tort
Claims Act, ACHD shall indemnify and hold harmless Grantor from and against all
claims, actions or judgments and expenses (including, without limitation, reasonable
attorneys' fees incurred by Grantor in defense thereof) for damages, injury or death
caused by or arising out of the public's use of the Servient Estate for the purposes set
forth in this Easement.
SECTION 5. Attorneys Fees and Costs. In any suit, action or appeal therefrom to
enforce or interpret this Easement, the prevailing party shall be entitled to recover its
costs incurred therein, including reasonable attorneys' fees.
SECTION 6. Term; Extinguishment. The term of this Easement is perpetual, unless
amended or terminated by mutual agreement of the parties.
SECTION 7. Covenants Run with the Land.. Throughout the term of this Easement, it
shall be a burden upon the Servient Estate and shall be appurtenant to and for the
benefit of the Dominant Estate, and shall run with the land.
SECTION 8. Exhibits. All exhibits attached hereto and the recitals contained herein are
incorporated as if set forth in full herein.
Right -of -Way Easement, page 2
SECTION 9. Notices. All notices given pursuant to this Easement shall be in writing
and shall be given by personal delivery, by United States Mail Certified, Return Receipt
Requested, or other established express delivery service (such as Federal Express),
postage or delivery charge prepaid, addressed to the appropriate party at the address
set forth below.
Grantor:
ACHD:
City of Meridian, Attention City Clerk
33 East Idaho Avenue
Meridian, Idaho 83642
Ada County Highway District
3775 Adams Street
Garden City, Idaho 83714-6499
SECTION 10. Recordation. This Easement shall be recorded in the Official Real
Property Records of Ada County, Idaho.
Grantor covenants to ACHD that ACHD shall enjoy the quiet and peaceful
possession of the Servient Estate for the non-exclusive purposes granted herein; and,
(b) Grantor warrants to the ACHD that Grantor is lawfully seized and possessed of the
Servient Estate and has the right and authority to grant this Easement to ACHD.
IN WITNESS WHEREOF, the undersigned have caused this Easement to be
executed the day, month and year first set forth above.
Grantor
CITY OF ME
by, .-
Tammy de�)Id,Mayor �y MERE•
F
0
Attest, y Clerk = $EA
Cbtj
Right -of -Way Easement, page 3
ADA COUNTY HIGHWAY DISTRICT
by
EXHIBIT LIST
William J. SQKweitzer,
Exhibit "A" — Legal Description of Servient Estate
Exhibit "B" — Depiction of Servient Estate
Right -of -Way Easement, page 4
State of Idaho )
ss.
County of Ada )
� this day of m6e,� in the year 2008, before me,
In rn 0f4'r' , a Notary Public in and for the State of
Idaho, personally appeared Tammy de Weerd and Jaycee Holman, know or identified
to me to be the Mayor and City Clerk of the City of Meridian, Idaho, the persons who
respectively executed and attested this 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.
sxj „ 3' ary Public for the State of Idaho
Z;>.
Residing at CW � t 1...X U , Idaho
p ; "r:
My Commission expires ICl ((-1%
State of Idaho )
ss.
County of Ada )
On thi day o- , in the year 2008, before me,
S �S-. r,l awS k'jl---� , a Notary Public in and for the State of
Idaho, personally appeared William J. Schweitzer, know or identified to me to be the
Director of the Ada County Highway District, the person who executed this 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.
Right -of -Way Easement, page 5
Notary Public for thState of Ida
Residing at , Idaho
My Commission expires 4 -S - 2 n I
TEALEY'S LAND 915'wost Jefferson Street • Boise. Idaho err
SURVEYING (808) 385.0638
El Fax (208) 386.0686
Project, No.: 2222
Date: September 15, 2000
DESCRIPTION FOR
INGRESS -EGRESS EASEMENT NO.2
A 20 -foot ingress -egress easement being portions of Lots 15 and 16 of Block 5 of
the Amended Plat of the Townsite of Meridian, as filed for record in the office of the Ada
County Recorder, -Boise, Idaho in Book 1 of Plats at page 30 and a portion of vacated
East Pine Street,'
shown in Instrument No. 98215 and City of Meridian Ordinance No.
72 lying in the SW 1/4 of Section 7, UN., RIE., B.M., Meridian, Ada County, Idaho
and move particularly described w follows:
BEGINNING at a point marking the Southeast corner of said Lot 16 of Block 5
of the Amended Plat of tho Townsite of Meridian; thence along the South boundary of
said Lot 16
North 88020'25" West 10.00 fcctto a point; thetee leaving said South boundary
North 00057'38" Fmt 123.73 feet to a point on the South right-of-way line of said
East Pine Street: thence along said South right-of-way line
South 89.48'44" East 20.00 feet to a point; thence leaving said South right-of-
way line
South 0005138" West 124.25 fent to a point on the South boundary of said Lot
15; thence along said South boundary of Lot 15
North 88020126" West 10.00 feet to the POINT OF BEGINNING.
EXHIBIT "A"
vicloTicou
R�u�yl
EXHIBIT "B"
Meridian City Council
September 23, 2008
Page 13 of 73
De Weerd: Mr. Zaremba.
Zaremba: And there are even other cities within Ada County that aren't included in that.
I wonder if there should be a clause in there with a provision for charging nonmembers
on a per person basis or something like that. If your jurisdictions that are smaller only
send one person a year, you could be billed for that one person -- I assume Meridian
may have enough presence that our annual stipend is going to be worth it to us
eventually, but if small jurisdictions that aren't one of the members could be billed on a
per person basis -- not for resident basis, but per person that gets into the program --
per patient basis, I guess.
De Weerd: Well, I think we just have some suggestions and would like you to come
back with an update.
Baird: Madam Mayor, I think your direction is clear. Despite the fact that there is some
sentiment that this wanted to be finalized by September, I think you have raised enough
issues of concern that I will contact Mr. Argyle with the intent of coming back with some
answers to your questions on October 7th, hopefully, with a revised draft as well.
De Weerd: I guess you can reiterate our commitment to the 52,000 pro rated for the
first year.
Baird: Okay. Very good. Thank you, Madam Mayor, Members of the Council.
2. Ingress -Egress Easement for Generations Plaza
Parking Lot Required as a Condition of VAC 00-
005 for the Partial Vacation of the Alley
Intersecting Main Street between Pine and Idaho
Avenue:
De Weerd: Okay. Then, Item 6-C-2.
Baird: Okay. Madam Mayor, Members of the Council, this item came to our attention --
it's regarding the half of the alley over there by Generations Plaza that's adjacent to the
building where the Flat Bread Pizza is going in. They approached our Planning
Department for a CZC approval for a patio on what they were referring to as the vacated
alley. In checking the records of the Ada County Highway District, it appears that in the
year 2000 the city made an approval recommendation to the highway district and the
highway district conditionally approved the vacation of half that alley, but it was
conditioned on the city executing an access agreement to the parking lot and that
agreement was not completed by your staff in year 2000. So, the district is willing to
pass a new resolution to vacate the partial alley and all they are looking for is that
access agreement from the city that was agreed to back in 2000. The document is in
your packet tonight. It's very similar to an agreement that we executed in order to get a
partial alley vacation on the Creamery block to accommodate the construction of City
Meridian City Council
September 23, 2008
Page 14 of 73
Hall. ACHD does not prefer to vacate partial alleys, because of traffic flow, but in both
instances they were convinced that using the parking lot as exits, it provides sufficient
circulation. Regarding the financials on this, they valued the alley at that time at 10,200
dollars and in exchange for actually charging that, they took the value of the substitute
access through the city's parking lot as compensation and so in order for the city to get
half of the vacation and for Generations Plaza to get half of the vacation, Gary Benoit
and Vencor paid the city in the year 2001 5,200 dollars. I confirmed with our accounting
department that we did receivd that payment and they haven't gotten their land six years
later. So, what I'm looking for tonight is your approval of the access agreement, which
would allow this six year old transaction to be completed.
De Weerd: Thank you. Council, any questions from Mr. Baird?
Rountree: I have none.
De Weerd: Okay. If there is no questions, do I have --
Rountree: Madam Mayor?
De Weerd: Yes.
Rountree: I move that we approve the access agreement before us for the vacation of
the alleyway, intersection of Main between Pine and Idaho, and authorize the Mayor to
sign and the Clerk to attest.
Zaremba: Second.
De Weerd: Okay. I have a motion and a second. Any discussion? Seeing none,
Madam Clerk, will you call roll.
Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
MOTION CARRIED: ALL AYES.
Item 7: Items Moved from Consent Agenda:
De Weerd: Okay. Item 8 -- Item 7, we had no items moved from the Consent Agenda.
Item 8: Request for Reconsideration for Overland Village by Relo
Development:
De Weerd: So, Item 8 is a request for reconsideration for Overland Village. Council,
you do have the letter for your consideration. If we have any questions, certainly we
could get further clarification, otherwise, I will ask for your direction.
Bird: Madam Mayor?