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Storey Park Temporary Construction EasementRECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 ADA COUNTY RECORDER Christopher D. Rich 2016-079038 BOISE IDAHO Pgs=10 LISA BATT 08/25/2016 09:15 AM CITY OF MERIDIAN, IDAHO $37.00 (Space Above For Recorder's Use) TEMPORARY CONSTRUCTION EASEMENT This TEMPORARY CONSTRUCTION EASEMENT ("Easement") is made on August 23, 2016 ("Effective Date"), between the Western Ada Recreation District, a body corporate and politic established under the laws of the state of Idaho, whose address is 30 E. Franklin Road, Meridian, Idaho ("Grantee"), and the City of Meridian, a municipal corporation established under the laws of the state of Idaho ("Grantor"). WHEREAS, Grantee is renovating the Meridian Pool, and desires to use a portion of property owned by Grantor for staging materials and equipment during such renovation, and Grantee is willing to allow such use; NOW, THEREFORE, in consideration of the benefits to be received by Grantor, and other good and valuable consideration: I. Temporary easement. Grantor does hereby give, grant and convey unto Grantee a temporary easement over and across the premises and property described in Exhibit hereto ("Premises"), as depicted in Exhibit B, for the uses depicted in Exhibit C, for the time period described in Exhibit D, for the purpose of staging materials and equipment during the renovation of the Meridian Pool. To have and to hold the said easement and right-of-way unto the said Grantee, shall be temporary. II. Term. This Easement shall expire on April 7, 2017. III. Restoration of easement. Grantee specifically agrees that within thirty (30) days of the conclusion of Grantee's use of the Premises for the purpose described herein, Grantee shall restore the Premises and adjacent property to that existent prior to such use, as directed by the Director of the Meridian Parks and Recreation Department or his designee. If Grantee fails to restore the Premises as described in this paragraph, Grantor may undertake such restoration, and Grantee shall be responsible for all costs related thereto. Grantee shall reimburse Grantor for the cost of necessary repairs and/or restoration within fourteen (14) days of Grantor's invoice for such costs. TEMPORARY CONSTRUCTION EASEMENT — WARD PAGE I OF 9 IV. Compliance with laws and policies. Grantee shall be responsible for ensuring that any and all use of the Premises is in compliance with all laws and with Grantor's policies regarding use of its parks and/or facilities. V. Termination. A. Grounds. Grounds for termination of this Easement shall include, but shall not be limited to; an act or omission by either party which breaches any term of this agreement; an act of nature or other unforeseeable event which precludes or makes impossible the performance of the terms of this agreement by either party; or a change in or occurrence of circumstances that renders the performance by either party a detriment to the public health, safety, or welfare. B. Process. Either party may terminate this Easement by providing fourteen (14) days written notice to the other at the address above. Such notice shall include a description of the breach or circumstances providing grounds for termination. A twenty-four (24) hour cure period shall commence upon provision of the notice of intention to terminate. If, upon the expiration of such cure period, cure of the breach or circumstances providing grounds for termination has not occurred, this Easement shall be terminated upon mailing of notice of termination. VI. Assignment. This Agreement and each and all of the terms and conditions hereof shall apply to and are binding upon all employees, agents, contractors, officials, officers, servants, guests, invitees, successors, and assigns of the parties. VII. No agency. Neither Grantee nor Grantee's employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall be considered agents of Grantor in any manner or for any purpose whatsoever in their use and occupancy of the Premises. VIII. Indemnification. Grantee and each and all of Grantee's employees, agents, contractors, officials, officers, servants, guests, invitees, successors, and assigns shall indemnify and save and hold harmless Grantor from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Grantee or any employee, agent, contractor, official, officer, servant, guest, invitee, successor, or assign of Grantee, at or in its use of the Premises or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of Grantor. IX. No warranty. Grantor makes no warranty or promise as to the condition, safety, usefulness, or habitability of the Premises; Grantee accepts the Premises for use as is, both at the Effective Date of this Agreement and throughout Grantee's use of the Premises. X. Non -waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's TEMPORARY CONSTRUCTION EASEMENT -WARD PAGE 2 OF 9 right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. XI. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. XII. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. XIII. Applicable law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. XIV. Approval required. This Agreement shall not become effective or binding until approved by the respective governing boards of both Grantor and Grantee. IN WITNESS WHEREOF, the Parties have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: OTAR), Charlie Rountree, President Western Ada Recreation District STATE OF IDAHO ss: County of Ada ) I HEREBY CERTIFY that on this A? day of , 2016 before the undersigned, a Notary Public in the State of Idaho, personally appe ed Charlie Rountree, proven to me to be the person who executed the said instrument who executed the instrument on behalf of Western Ada Recreation District, and acknowledged to me that Western Ada Recreation District 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. Notary Public for Idaho /! Residing at l �t-� , Idaho My Commission Expires: TEMPORARY CONSTRUCTION EASEMENT - WARD PAGE 3 OF 9 CITY OF MERIDIAN: C Tammy de Wde/d Mayor Attest: Clay Cole"s, ity STATE OF IDAHO ) SS: County of Ada ) eoRPZEa nuo�sr e 2c'O �o CH" „r w 1 E IDIA— IDAHO SEAL ') I HEREBY CERTIFY that on this day of Pr , 2016 before the undersigned, personally appeared Tammy de Weerd and C.Jay Co es, known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument on behalf of the City of Meridian, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREO jjiAve'hereui tc year in this certificate fASt�veawritlei": set my hand and affixed my official seal the day and !-ttary'Public for Idaho ,"$ding at E.a�J-e- Idaho y Commission Expires: L - :D 1� - �)-6l br TEMPORARY CONSTRUCTION EASEMENT - WARD PAGE 4 OF 9 EXHIBIT A LEGAL DESCRIPTION OF TEMPORARY EASEMENT AREA A parcel of land being a portion of the Northwest 1/4 of Section 18, T.3N., R.1E., B.M., Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the North 1/4 comer of said Section 18, marked by a brass cap; thence along the North line of sold Section 18 South 89020'05" West 1309.06 feet to the Northeast comer of Government Lot 1 of said Northwest 1/4 of Section 18; thence along the East Me of said Government Lot 1 South 00"40'03" West 47.44 feet to a point on the South right-of-way line of East Franklin Road as shown on Record of Surrey No. 7077 on Nie under Instrument No. 105148458 In the Office of the Recorder for Ada County, Idaho, marked by an Iron pin; thence along said South right-of-way line South 88°03'42" West 9.80 feet to the JOINT OF BEGINNING thence South 00'SY34" West 96.29 feet to a point of curve; thence along the arc of a curve to the right 54.75 feet, said curve having a radius of 85.00 feet, a central angle of 36"64'24", and a tong chard bearing South 19°17'45" West 53.81 feet to a point; thence South 37°44'57" West 56.49 feet to a point; thence South 52°1629" East 79.23 feet to a point; thence South 63061'27" East 99,22 feet to a point of curve, thence along the arc of a curve to the right 50.65 feet, said curve having a radius of 45.00 feel, a central angle of 64029'33", and a long chord bearing South 31 °36'40" East 48.02 feet to a paint; thence South 00038'06" West 260.43 feet to a point; thence North 89'41'47" West 107.61 feet to a point; thence North 00038'57" East 210.91 feet to a point; thence e North 51 52'37" West 144.97 feet to a point, marked by an Iron pin; thence North 3852'29" East 16.49 feet to a point, marked by an iron pin; thence North 51®07'31" West 19.67 feet to a point, marked by an Iron pin; thence South 38°52'29" West 44.522 feet to a point of curve, marked by an Iron pin; thence along the are of a curve to the right 55.71 feet, said curve having a radius of 66.00 feet, a central angle of 48°21'47", and a long mord bearing South 63003'22" West 54.07 feet to a point, marked by an iron pier; thence South 87°18'13" West 173.68 feet to a point, marked by an Iron pin; thence South 87`14"16" West 174.08 feet to a point on the East right-of-way line of South Main Street, thence along said East right-of-way line North 01 °16'04" East 34.86 feet to a point; thence North 87000'43" East 338.85 feet to a point of curve; thence along the arc of a curve to the left 29.72 feet, said curve having a radius of 35.00 feet, a central angle of 48°38'40", and a long chord bearing North 62'41'23" East 28.83 feet to a point; thence North 38'2Z04" East 184.37 feet to a point of t4a; thence ajoag the aro of a cure to the left 79.48 feet, said c-,jhaving a radius of 45.00 feet, a "nlral angle of 37'32`02°', and a long chord bearing North 19'36'03' Earl 2506 feet to a point, thence North '5(0 ' Easi 96.10-) fact to a poirt on said South right-of-way Wre of East Franklin Road; thence along said Soulh r thj-of--v y 1. North 88"OX42" Last 36.21 feet to the POINT OF BEGINNING, TEMPORARY CONSTRUCTION EASEMENT - WARD PAGE 5 OF 9 ulvyffylDylv la MAP OF TEMPORARY CONSTRUCTION EASEMENT AREA EASEMENT EXHIBIT AT STOREY' PARK FOR WESTERN ADA RECREATION DISTRICT LYING IN THE NW 1/4, SECTION 18, T.N., RJE, S.A., ARIDIAN, ADA COUNTY, IDAHO 0 50 loo 200 SCALE a,4 FEE*r I' = (o 0, Fp_6 F. FRANKLIN ROAD S 89"20'05' W 2401,71' 13 1092,69 88,03, 36,2 N 00 *50,02' E z vi S 3a'52'29" w 44.52' + r -j N 87*00'43" F, 339-85' 7 Z7 34-06, -------------- 8/'14 16" W I% 141E GOR. GOV. LOT NoRTq 1/4 COR. TABL5 7 1109,06' 18 RADRIS DELTA — LENGTH I S 00,40,03, w CHORD 47.44' 1 A �,.Sj 68.03-4Z' W 55,711 9,90, 54.07' S I DO `50':14° MOO, W 96.29' -3 4J�' S 37,'44'57' W 53,8P I:.- 3 45,00' S 52*15'29" E: 70,23' r2.49 N 01 16 04 E 34,86' ? AA, 7 7-,,r) A R E: A 1N EASEMENT v, 71,965 Sq. Ft. (1,65 ACRES) NJ 8914,1_'47' W TEMPORARY CONSTRUCTION EASEMENT —WARD PAGE 6 OF 9 CURVE TABL5 CURVF RADRIS DELTA — LENGTH I BEARING CHORD C- 1 66Z0' 413*21'47' 55,711 5 63103'22" W 54.07' C-2 MOO, 36'54-V4� -3 4J�' S 19`7`45' W 53,8P I:.- 3 45,00' 64,291331 $0.65, S 319?6'4C" E 48.02' C- 4 3-3.00' 48'38'40" 2912' 14 621-41-23- E 28,83' 45.00'--1— 37 `32'02" 1 29.48' _ ­ --03' r 98,95, - NJ 8914,1_'47' W TEMPORARY CONSTRUCTION EASEMENT —WARD PAGE 6 OF 9 EXHIBIT C LOCATIONS OF AUTHORIZED USES WITHIN TEMPORARY CONSTRUCTION EASEMENT TEMPORARY CONSTRUCTION EASEMENT - WARD PAGE 7 OF 9 EXHIBIT D TIMELINE OF CONSTRUCTION ACTIVITY Id Task game Duration 5tart Finish r 13 '16 Ma 22 1 1u131 '16 6ct ll'16 Dec 18 '16 Feb 28 '17 N T I S I W1 I S 1 T M K T S W1 S T M 1 NTP Mobilization Demo Existing Building Demo Pool Deck and Wading Pool Pool Buiding Foundation Renovate Existing Pool _ Construct New Activity Pool Plumbing Ground Work Place Exterior Ramp and Stairs Place Pool Deck and Sidewalk at Building Prep. Floor Slabs Place and Cure Floor Slabs Framing & Sheathing Install Root Curbs Base Layer Under Shingles Install Shade Structures and Metal Stairs Plumbing Rouget in Electrical Rough In Install Single Ply Roofing Fire Sprinkler Rough m HVAC Rough in Install Windows and Storefronts Stone Veneer Insulation and Drywall Install Elevator Stucco First two Coats of Paint Instal l Pool Equipment Polished Concrete Floor Covering Ceramic Tile 1 day 2 days 110 days/ 5 days J5 days 60 days 50days 10 days 10 days -0 days 5 days 5 days 35 days 5 days 5 days 10 days 10 days 15 days 5 days 10 days 10 days 5 days 15 days 20 days %10 days 15 days 10 days 20 days '10 days 10 days 15 days Neon 8/29/16 Mon 8/29/16 1ue 8/30/16 .Wed 8/31/16 ;Thu 9/1/16 ;Wed 9 14 i6 / jThu 9/8/16 Wed 9/14/16 ;Thu 9/15/16 Wed 10/5/16 ;Thu 9/15/16 'Wed 12/7/16 Thu 9/29/16 .Wed12,,7/16 jThu 1016/16 Wed 10/19/1 Thu 10/6/16 Wed 10/19/1 `Thu 10/6/16 Wed 10/13/1 Thu 10/20/16 Wed 10/26/1. Thu 10/27/16 Wed 11/2/16 Thu 11/3116 Wed 12/21/1E Thu 12/22/16 ! Wed 12/28/1 Thu 12/22/16 Wed 12128/lE Thu 12/22/16 Wed 1/4/17 'Thu 12/22/16 Wed 1/4/17 Tri 12/23/16 iThu 1/12/17 'Thu 12/29/16 `Wed 1/4,117 Thu 12/29/16 lWed 1/11/17 Thu 12/29/16 Wed 1/11/17 Thu 1/5/17 Wed 1/11/17 Thu 1/12/17 Wed 2/1/17 Fri 1/13/17 Thu 2/9/17 :Fri 1113/17 jThu 1/26/17 Thu 2/2/17 Wed 2/22/17 j Fri 2/3/17 ,Thu 2/16/17 Fri 2/10/17 ,Thu 3/9/17 'Fri 2/10/17 Thu 2/23/17 ;Fri 2/17/17 Thu 3/2/17 ;Fri 2117/17 Thu 2/23/17 wlf MoblBzatloi� Demo Existing Buildtn t beck and Wading Pool Bulding Found T,'h, Renovate Existin13 Construct Flew Activ6 Plumbing /arok Place Exterior Ramp s I beck and Sidewalk ag PrepI if Stabs Place and Cure A or Slabs Framing heathing install Roof Curbs Base 4 er lander Shingle install Shade Struct i and Metal Shur himbing Rough t Etectrteat Rough 1 ln� ti ItSingle Pty Roofin Ile Sprinkler Rough i HVAC Rough I Install Wt ows and Storefronts Stone Veneer nsutation and Drywall Install Elevator St co First two Coats of P install Pool Equlpme Polished Concrat Floor Covering CeramtcTlle 2 3 4 5 12 9 1It 7 8 11 14 16 17 18 19 15 20 21 22 23 25 26 24 27 30 33 28 32 Project: Meridian Poot Renovatlor Date: Wed 8/17/16 Task "`_ " Milestone ♦ Critical AIMMUMBUMM Progress Page 1 TEMPORARY CONSTRUCTION EASEMENT — WARD PAGE 8 OF 9 M Task Name Duration Start 11 13 '15 Ma 22 '1 tu131 '16 10119.'l Pee 18 'ib Feb 26 '17 T 5 W S T Mt F T 5 W S T M 34 Electrical Trim10 Fire Sprinkler Trim HVAC Trim Plumbing Trim Final Coat of Paint Instal I Specialties Pool Startup Clean u Punch Wt days Fra 2/17/17 'Thu 3/2/17 5 days Fri 2/24/17 Thu 3/2/17 5 days Fri 2/24/17 ,Thu 3/2/17 15 days ,Fre 2/24/17 ;Thu 3/16/17 5days Fri 3/3/17 Thu 3/9/17 40 days Tri 3/3/17 Thu 3/16/17 5 days ;Fra 3/19/17 Thu 3/16/17 11 days Fri 3/17/17 ;Fri 3/31/17 Electrical Trim Fire sprinkler Trim HVAC Tdm PlumbingTrlm� Final Coat at Pal All install spedaltl P0ol5tartup Clean up/ Pun dt ttst 35 36 37 29 3fi Alixi 19 Project: Meridian pool kenovatio . Date! Wed 8/17116 Task Milestone ♦ Critical ALTIRIBITEIVILTIEM& Progress Page 2 TEMPORARY CONSTRUCTION EASEMENT — WARD PAGE 9 OF 9