Loading...
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?