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 f stvea, tle is
set my hand and affixed my official seal the day and
!-ttary'Public for Idaho
� - ng at E.a�J-e- Idaho
y Commission Expires: L - :D 1� -,;)-6) br
to somelip,
Of ZINC '••.
r4,
,zto
•'•. STATF' .•••
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 chord 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 feet, 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 chord 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 339.85 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 bearipq
North 19'36'03' Earl 2506 feet to a point, thence
North '5(0 ' Easl 96.10-) fact to a poirt on said South right-of-way Wre of East
Pranklin 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 ID
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, BX,
ARIDIAN, ADA COUNTY, IDAHO
0 50 loo 200
SCALE a,4 FEE*r
I' = (O0' F.-675,
F. FRANKLIN ROAD
S 89"20'05' W 2401,71'
13 1[19288,03,
36,2
N 00 *50,02, E
z
vi
S 3a'52'29" w
44.52'11 1.0
,r -j6
N 87*00'43" F, 339-85'
7
1,4_06,
-----
87-14'16" W 878'13! --------
in
141E GOR.
GOV.
LOT NoRTq
TABL5
1/4 COR.
7
RADIUS
1104,06' 18
E
k,
CHORD
S 00'40'03' W
66600'
47.44'
55,71,
Sj 158.03-4X' W
54.07'
9,90,
MOO,
S 00'50'34'
54.75 ss
W
96.29'
53,81,
S 37-44-57- W
45,00'
64,291331
71).23'
[fW/
w >
67—
4 38 5�A29- 5 /Z/ 0�/,CE
✓ 16.49'
N 01 16 04 E
�4
34,86'
47
AREA IN EASEMENT
71,965 Sq. Ft, (1,65 ACRES)
TEMPORARY CONSTRUCTION EASEMENT —WARD PAGE 6 OF 9
CURVE
TABL5
CURVF
RADIUS
DELTA
LENGI'Hi
BEARING
CHORD
C— 1
66600'
48 *21'47"
55,71,
5 G3103'22" W
54.07'
C-2
MOO,
36 *54'P4"
54.75 ss
S 19`(7'45'' W
53,81,
c— 3
45,00'
64,291331
$0.65,
S 31;36'4C" E
48.02'
C- 4
3-3.00'
48'38'40"
2912'
14 621-41-23- r
28,83'
C-5 1
45.00'--1—
37`32'02" 1
29.46'
bl JV36-03" r
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 ilii 31 '16 6ct ll'16 Dec 18 '16 Feb 2fi '17 N
T I S I W1 I S 1 T M F T S W1 S T M
1
NTP
Mobilization
Demo Existing Buitding
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 Stabs
Framing & Sheathing
Install Root Curbs
Base Layer Under Shingles
Install Shade Structures and Metal Stairs
Plumbing Rough in
Electrical hough In
Install Single Ply Roofing
Fire Sprinkler Rough in
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
15 days
60 days
50 days
10 days
10 days
10 days
s days
5 days
35 days
S days
5 days
10 days
210 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
j5 days
Mon 8/29/16 Mon 8/29/16
1ue 8/30/16 .Wed 8/31/16
;Thu 9/1/16 ;Wed 9 14 i6
/
:Thu 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 .Wed 1217116
iThu 1016/16 Wed 10119/lf
Thu 10/6/16 awed 10119/lf
`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
'Fri 12/23/16 iThu 1/12/17
Thu 12/29/16 `Wed 1/4,117
Thu 12/29/16 Wed 1/11/17
Thu 12/29/16 Wed 1/11/17
Thu 1/5/17 Wed 1/11/17
Thu 1/12/17 %Ved 2/1/17
Fri 1/13/17 Thu 2/9/17
:Fri 1113/17 Thu 1/26/17
Thu 2/2/17 "Wed 2/22/17
; Fri 2/3/17 ,Thu 2/16/17
Fri 2/10/17 ,Thu 3/9/17
Fri 2/10117 Thu 2/23/17
;Fri 2/17/37 Thu 3/2/17
;Fri 2117/17 ;Thu 2/23/17
wlf
MoblBzatloi�
Demo Existing Bulidln
t beck and Wading
Pool eufding Found 'ha
Renovate Existing Pp 1
Constfulct New Activi" Fool
Plumbing /around I Vork
Place Exterior Ramp an: tafrs
I beck and Sidewalk at a Ing
PrepI if Stabs
Place and Cure A or Stabs
Framing heathing
install Roof Curbs
Base 4 er lander Shingle
Install Shade Struct i and Metal Shur
himbtng Rough t
Etectrieat Rough 1
ln� ti ItSingle Pty Roofln
Ile Sprinkler Rough i
HVAC Rough I
install Wit ows and Storefronts
Stone Veneer
nsutation and Drywall
Install Elevator
St co
First two Coats of P
' Install Pool Equlpme
Polished toncret
Floor Covering
CeramtcTlle
2
3
4
5
12
13
6
9
10
7
8
11
14
16
17
1B
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 AIM111111111HEM Progress
Page 1
TEMPORARY CONSTRUCTION EASEMENT — WARD PAGE 8 OF 9
M
Task Name
Duration
Start
Flndsia
r 13 '15 Ma 22 '1 tu131 '16 bct9 'iG Pee 18 'ib Feb 26 '17
T 5 W S T Mt F T 5 W S T M
34
Electrical Trim
Fire Sprinkler Trim
HVAC Trim
Plumbing Trim
Final Coat of Paint
Instal I Specialties
Pool Startup
Clean u Punch Wt
10 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
5 days Fri 3/3/17 Thu 3/9/17
40 days Tri 3/3/17 Thu 3/16/17
5 days ;Fri 3/19/17 Thu 3/16/17
11 days Fri 3/17/17 ;Fri 3/31/17
Electrical Trlm
Fire sprinkler Trim
HVAC Tdm
PlumbingTrlm
Final Coat at Pal Air07
Install Spedaltl
Pool Startup
Clean up/ Punct ttst
35
35
37
29
3fi
31
3§
Project: Meridian Pool Renovatio .
Date! Wed 8/17116
Task
Milestone ♦
CrAlcai ALTIMBIREIVILTIEM& Progress
Page 2
TEMPORARY CONSTRUCTION EASEMENT — WARD PAGE 9 OF 9