Well Lot 9 Access Easement with Norby, Stevens and City of MeridianADA COUNTY RECORDER Christopher D. Rich 2016-110766
BOISE IDAHO Pgs=9 DAWN TRIVOLIS 99145!2096 02:33 PM
TITLEONE 8013E 334.00
a7 3 s� is
(Space Above For Recorder's Use)
ACCESS EASEMENT AGREEMENT
This Access Easement Agreement is made effective this 15t' day of November, 2016, by
and between Susan L. Norby, a married woman dealing with her sole and separate property and
Jill M. Stevens, a married woman dealing with her sole and separate property (jointly as
"Grantor"), and The City of Meridian, an Idaho Municipal Corporation ("Grantee"). The Grantor
and Grantee may be collectively referred to as the parties.
RECITALS:
WHEREAS, Grantor is the owner of that certain property located on W. Franklin Road,
Meridian, Idaho 83642, as more fully described in ExhibitA, which exhibit is attached hereto and
incorporated herein ("Grantor's Property");
WHEREAS, Grantee is the owner of that certain property located at 725 W. Franklin Road,
Meridian, Idaho 83642, as more fully described in Exhibit B, which exhibit is attached hereto and
incorporated herein ("Grantee's Property");
WHEREAS, Grantor desires to grant and Grantee desires to receive an easement for ingress
and egress across the Grantor's property as more fully described in. Exhibit C which exhibit is
attached hereto and incorporated herein, and depicted on ExhibitD under the terms and conditions
outlined hereafter.
AGREEMENT:
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereby agree as follows:
l.. Grant. Grantor hereby grants a non-exclusive perpetual access easement over, on, across,
and through the Grantor's Property for ingress and egress in the location described on Exhibit C
("Easement").
2. Purpose of Easement. The Easement shall be used for vehicular ingress and egress to the
City of Meridian Well No. 9 for the City of Meridian and its respective representatives, customers,
invitees, and agents. No parking of any vehicles shall be permitted on the Easement.
.LEG c GNi AL:.Y RECORDED
STAMPED FIRST RAGE NOVA
€NCORPORATEO AS PART OF
TWE ORIGINAL COMMENT.
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(Space Above For Recorder's Use)
ACCESS EASEMENT AGREEMENT
This Access Easement Agreement is made effective this 151' day of November, 2016, by
and between Susan L. Norby, a married woman dealing with her sole and separate property and
Jill M. Stevens, a married woman dealing with her sole and separate property (jointly as
"Grantor"), and The City of Meridian, an Idaho Municipal Corporation ("Grantee"). The Grantor
and Grantee may be collectively referred to as the parties.
RECITALS:
WHEREAS, Grantor is the owner of that certain property located on W. Franklin Road,
Meridian, Idaho 83642, as more fully described in Exhibit A, which exhibit is attached hereto and
incorporated herein ("Grantor's Property");
WHEREAS, Grantee is the owner of that certain property located at 725 W. Franklin Road,
Meridian, Idaho 83642, as more fully described in Exhibit B, which exhibit is attached hereto and
incorporated herein ("Grantee's Property");
WHEREAS, Grantor desires to grant and Grantee desires to receive an easement for ingress
and egress across the Grantor's property as more fully described in Exhibit C which exhibit is
attached hereto and incorporated herein, and depicted on Exhibit D under the terms and conditions
outlined hereafter.
AGREEMENT:
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereby agree as follows:
1. Grant. Grantor hereby grants a non-exclusive perpetual access easement over, on, across,
and through the Grantor's Property for ingress and egress in the location described on Exhibit C
("Easement").
2. Purpose of Easement. The Easement shall be used for vehicular ingress and egress to the
City of Meridian Well No. 9 for the City of Meridian and its respective representatives, customers,
invitees, and agents. No parking of any vehicles shall be permitted on the Easement.
3. Binding on Successors. This Easement shall be recorded in the official records of Ada
County, Idaho, and shall be binding on the heirs, successors, administrators, executors and assigns
of all parties hereto and shall run with the land.
4. Counterparts. This Easement may be executed in counterparts, each part being
considered an original document, all parts being but one document.
S. Indemnification. To the extent allowed by law, the Grantee agrees to indemnify, defend
and hold the Grantor, and its successors, assigns, and agents harmless from any and all claims,
liability, losses, costs, charges, or expense that arise from their respective use or use by their
respective customers, agents, invitees, or representatives of the Easement.
6. Remedies. In the event of a breach hereunder by any party, the non -breaching parry shall
have all remedies available at law or in equity, including the availability of injunctive relief. 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 and
disbursements.
7. Easement Obstructions. No fence or other barrier shall be erected or permitted within or
across the Easement which would prevent or obstruct the passage of vehicular travel; provided,
however, that the foregoing shall not prohibit (i) the temporary erection of barricades which are
reasonably necessary for security and/or safety purposes in connection with the construction,
reconstruction, repair and maintenance of improvements, including the Easement, on the Grantor's
Property, it being agreed by the parties however, that all such work shall be conducted in the most
expeditious manner reasonably possible to minimize the interference with the use of the Easement
by Grantor, and such work shall be diligently prosecuted to completion, or (ii) the construction of
limited curbing or other forms of traffic controls along the outer perimeter of the Easement.
S. Notices. All notices, demands and requests required or desired to be given under this
Agreement must be in writing and shall be deemed to have been given as of the date such writing
is (i) delivered to the party intended, (ii) delivered to the then current address of the party intended,
or (iii) rejected at the then current address of the party intended, provided such writing was sent
prepaid. The initial address of the signatories hereto is:
Grantee: Meridian City Clerk
33 E Broadway Avenue
Meridian, ID 83642
Grantor: Susan L. Norby and Jill M. Stevens
c/o Yanke Machine Shop, Inc.
4414 S. Gekeler Lane
Boise, ID 83716
Upon at least ten (10) days' prior written notice, each party shall have the right to change
its address to any other address within the United States of America.
9. Dedications. Grantor excepts and reserves unto itself, its successors and assigns, the right
to dedicate the Easement as a public street or drive at any time at its sole election. Upon any such
dedication all private rights of Grantee therein shall automatically terminate and expire. Until and
unless an express dedication is made of the Easement, no use hereunder shall be deemed to
constitute the Easement as a public way or a quasi -public way, but to the contrary the Easement
shall constitute and remain a private way and drive. No dedication shall, however, be made of the
Easement unless:
a. Such Easement is accepted by the public entity for maintenance as a public street
or drive; and
b. The dedication does not preclude or prevent the continued use by Grantee of the
entrance to and exit from the Easement then being used incident to the Grantee's
Property.
IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the
day and year first written above.
C =tn., e"17-401;
S AN L. NORJW
r
M. STEVEN
STATE OF IDAHO )
ss.
County of Ada )
On this 8 Aday of A Uj..-�W , 2016, before me, C4Res 4- 1< IJ . Na,�, a Notary
Public in and for the State of Idaho, personally appeared SUSAN L. NOBBY known or identified
to me to be the person who executed this instrument, and acknowledged to me that she executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
�••'tiR W.
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STATE OF IDAHO )
ss.
County of Ada )
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Notary
Pu is for the state of Idaho
My commission expires: Z f — OV 20
On this 10 day of/AkL)", 2016, before me, 4�4r&A/°�' w' X44 , a Notary
Public in and for the State of Idaho, personally appeared JILL M. STEVENS known or identified
to me to be the person who executed this instrument, and acknowledged to me that she executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
•��""""'•• Notary 9blic for Idaho
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G My commission expires:
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C.Ja Coles, ity Cleric
CITY OF MERIDIAN
Mayor
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STATE OF IDAHO )
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County of Ada }
On this da of O l-� M
Y 2016 before me, personally
appeared Tammy de Weerd and C.Jay Coles, know or identified to me to be the Mayor and Clerk,
respectively, of the City of Meridian, who executed the instrument of behalf of said City, and
acknowledged to me that such City 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.
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Notary Public for Idaho
My commission expires: g a 9 -1 e
EXHIBIT A
GRANTOR'S PROPERTY
A parcel located in the SW % of the SE % of Section 12, Township 3 North, Range 1 West, Boise
Meridian, and being a part of Parcel B of Record of Survey No. 7414 on file in the office of the
Recorder, Ada County, Idaho, more particularly described as follows:
Commencing at a 5/8 inch diameter iron pin marking the southwesterly corner of said SW % of
the SE %, from which an aluminum cap monument marking the southeasterly corner of the SE
of said Section 12 bears S 8933'27" E a distance of 2657.47 feet;
Thence S 89°33'27" E along the southerly boundary of said SW % of the SE N a distance of 307.85
feet to a point;
Thence leaving said southerly boundary N 0°30'05" E a distance of 450.73 feet to a point on the
easterly boundary of said Parcel Band the POINT OF BEGINNING;
Thence continuing N 030'05" E along said easterly boundary a distance of 182.53 feet to the
northeasterly corner of said Parcel B;
Thence N 89'14'06" W along the northerly boundary of said Parcel B a distance of 307.10 feet to
a 5/8 inch diameter iron pin marking the northwesterly corner of said Parcel B;
Thence S 0'34'10" W along the westerly boundary of said Parcel B a distance of 322.83 feet to a
1/2 inch diameter iron pin marking an angle point in the boundary of said Parcel B;
Thence along said Parcel B boundary the following described courses:
Thence S 89033'19" E a distance of 163.34 feet to a 1/2 inch diameter iron pin;
Thence S 033'47" W a distance of 270.16 feet to a 1/2 inch diameter iron pin on the northerly
right-of-way of Franklin Road;
Thence S 89033'27" E along said northerly right-of-way a distance of 30.00 feet to a 5/8 inch
diameter iron pin;
Thence leaving said northerly right-of-way N 033'47" E along the extension of the Parcel B
boundary a distance of 408.78 feet to a 5/8 inch diameter iron pin;
Thence leaving said extended boundary S 89"31'56" E a distance of 113.99 feet to the POINT OF
BEGINNING.
This parcel contains 2.09 acres and is subject to any easements existing or in use.
EXHIBIT B
GRANTEE'S PROPERTY
A parcel located in the SW % of the SE % of Section 12, Township 3 North, Range 1 West, Boise
Meridian, and being a part of Parcel B of Record of Survey No. 7414 on file in the office of the
Recorder, Ada County, Idaho, more particularly described as follows:
Commencing at a 5/8 inch diameter iron pin marking the southwesterly corner of said SW ! of
the SE %, from which an aluminum cap monument marking the southeasterly corner of the SE
of said Section 12 bears S 89'33'27" E a distance of 2657.47 feet;
Thence S 89033'27" E along the southerly boundary of said SW % of the SE % a distance of 307.85
feet to a point;
Thence leaving said southerly boundary N 0"30'05" E a distance of 400.73 feet to an angle point
on the easterly boundary of said Parcel B and the POINT OF BEGINNING;
Thence continuing N 0'30'05" E along said easterly boundary a distance of 50.00 feet to a point;
Thence leaving said easterly boundary N 89631'56" W a distance of 113.99 feet to a 5/8 inch
diameter iron pin;
Thence S 033'47" W a distance of 50.00 feet to a 5/8 inch diameter iron pin marking an angle
point in the boundary of said Parcel B;
Thence S 89'31'56" E along said Parcel B boundary a distance of 114.05 feet to the POINT OF
BEGINNING.
This parcel contains 0.13 acres and is subject to any easements existing or in use.
EXHIBIT C
ACCESS EASEMENT DESCRIPTION
An easement for waterline and roadway access purposes located in the SW % of the SE f of
Section 12, Township 3 North, Range 1 West, Braise Meridian, Ada County, Idaho, more
particularly described as follows:
Commencing at a 5/8 inch diameter iron pin marking the southwesterly corner of said 5W'/ of
the SE %, from which an aluminum cap monument marking the southeasterly corner of the SE
of said Section 12 bears S 89"33'27" E a distance of 2657.47 feet;
Thence S 8903327" E along the southerly boundary of said SW X ofthe SE Na distance of 163.37
feet to a point;
Thence leaving said southerly boundary N 0°33'47" E a distance of 400.79 feet to the POINT OF
BEGINNING;
Thence continuing N 0"33'47" E a distance of 50.00 feet to a point;
Thence S 89"31'56" E a distance of 30.00 feet to point;
Thence S 0'33'47" W a distance of 50.00 to a point;
Thence N 89`31'56" W a distance of 30.00 feet to the POINT OF BEGINNING.
This parcel contains 1,500 square feet (0.034 acres) and is subject to any other easements existing
or in use.
Prepared by: Glenn K. Bennett, PLS 0 PRpJr
Civil Survey Consultants, Incorporated ��� SUR
September 22, 2016
4pe 9°
EXHIBIT D
SKETCH TO ACCOMPANY EASEMENT DESCRIPTION FOR THE CITY
OF MERIDIAN
LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION
12,
TOWNSHIP 9 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY,
IDAHO
RECORD OF SURvcy
NO. 7414
PARCEL 8
8989 31 56 ` E
}-S
E 30.0(7"
' NEW WAT£RVNE
AND ROADWAY
ACCESS
tea, O CASEMENT
Q
PO1NT OF
BEGINNING 30.00'
N 89'3156" W
SCALE: 1 "=30"
WELL No. 9
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CIVIL SURVEY CONSULTANTS, INC.
2893 SOUTH MERIDIAN ROAD a 5082
MERIDIAN, IDAHO 83642
(208)888-4312
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