West Ada School District Access and Parking Easement at HillsdaleADA COUNTY RECORDER Christopher D. Rich 2017-051905
BOISE IDAHO Pgs=10 LISA BATT 06/08/2017 12:37 PM
CITY OF MERIDIAN, IDAHO NO FEE
(Space Above For Recorder's Use)
ACCESS AND PARKING EASEMENT
This Access and Parking Easement is made effective this 6 day of01�16---*' ,
2017, by and between the Joint School District No. 2, doing business as West Ada School
District, an Idaho school district and body politic and corporate of the State of Idaho ("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 in the City of Meridian
known as Hillsdale Elementary School, as more fully described in Exhibit A, which exhibit is
attached hereto and incorporated herein ("Grantor's Property");
WHEREAS, Grantee has entered into an Agreement to Transfer Real Property from the
Treasure Valley YMCA ("YMCA") recorded as Instrument No. 2016-121434 on
December 15, 2016, records of Ada County, Idaho (the "Transfer Agreement")
WHEREAS, the Transfer Agreement provides for the future transfer to Grantee of a
portion of YMCA's Property for a public park to be known as the Hillsdale Park as more fully
described in Exhibit B, which exhibit is attached hereto and incorporated herein ("Park
Property" or "Hillsdale Park") and which shall be owned and maintained by Grantee upon such
transfer;
WHEREAS, Grantor intends to utilize portions of Hillsdale Park for student education
and recreation purposes pursuant to the terms of the parties' Agreement for School District Use
of Hillsdale Park dated of even date herewith (the "Park Use Agreement");
WHEREAS, Grantee will be providing pressurized irrigation water to certain landscaping
at Hillsdale Elementary at no cost to Grantor;
WHEREAS, Grantor desires to grant and Grantee desires to receive an easement for
ingress and egress across the Grantor's property as depicted on Exhibit C (the "Easement
Property") 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:
ACCESS AND PARKING EASEMENT - I
1. Recitals Incorporated. The above and foregoing recitals are hereby incorporated and
are a part of this Agreement
2. Easement Dependent Upon Transfer of Park Property. YMCA has agreed to transfer
the Park Property to Grantee but since Grantee does not own the Park Property at this time, this
Easement shall not be effective until the conveyance of the Park Property by gift deed from
YMCA to Grantee and, immediately upon recording said gift deed, this Easement shall become
effective.
3. Grant. Grantor hereby grants a non-exclusive access easement over, on, across, and
through a portion of Grantor's Property for ingress, egress, and parking in the location depicted
on Exhibit C ("Easement"). Grantor reserves the right to temporarily restrict Grantee access to
during certain hours and in certain areas due to special events through the use of parking use
signage and other means in Grantor's sole discretion.
4. Purpose of Easement. The Easement shall be used for ingress and egress during the
hours of operation of Hillsdale Park for pedestrian travel, vehicular travel, and vehicle parking in
marked areas.
5. Term of Easement. The term of this Easement shall commence pursuant to Article 2 of
this Agreement, and shall continue in full force and effect during the term of the Park Use
Agreement and any extensions thereof. In the event of any termination of Grantor's right to use
utilize portions of Hillsdale Park for student education and recreation purposes pursuant to the
terms of the Park Use Agreement, this Easement shall automatically terminate and Grantee
authorizes Grantor to execute and record a Notice of Termination of Easement for the purpose of
providing notice that the Grantor's property is no longer subject to the Easement.
6. Maintenance. Grantor shall maintain all parking lot improvements (including but not
limited to pavement and landscaping) in good and sufficient repair and shall keep the Easement
area in a neat and aesthetically pleasing condition. Any damage to the parking lot improvements
shall be repaired by Grantor as promptly as reasonably possible. Grantor shall be responsible for
cost of repair unless damaged by Grantee's use, normal wear and tear excepted.
7. Sinding 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 during the term of this Easement.
8. Hold Harmless and Indemnity.
a. Indemnification of Grantor. Grantee shall defend, indemnify and hold harmless
the Grantor, and Grantor's trustees, officers, agents and employees, from and against any and all
demands, suits, actions, claims, loss or damage of any kind, character or description, whether or
not meritorious, costs, or expenses, including, without limitation, attorneys' and other
professional fees and disbursements, in conjunction with any loss of life, personal injury and/or
property damage arising out of or relating to the occupancy or use by District of any part of the
Easement Property occasioned by any act or omission of Grantee or its officers, contractors,
licensees, agents, servants, employees, guests, invitees or visitors, except for such claim resulting
ACCESS AND PARKING EASEMENT - 2
solely from the negligence or otherwise wrongful act or omission of the Grantor and/or the
Grantor's officers, employees, or servants.
b. Grantee to Maintain Insurance Coverage. Grantee, at its own expense, shall
keep and maintain in full force and effect a comprehensive general liability insurance policy
issued by a company licensed to engage in the insurance business in the State of Idaho.
The insurance policy shall contain standard liability insuring agreements
in the limits set forth in the Idaho Tort Claims Act, naming the Grantor as
a Certificate Holder. The limits of said policy shall be not less than five
hundred thousand dollars ($500,000.00) for bodily or personal injury,
wrongful death, or property damage or loss as a result of any one (1)
occurrence or accident, regardless of the number of persons injured or the
number of claimants.
ii. Not less than five (5) business days prior to Grantee's first use of the
Easement Property, and at least annually thereafter for so long as Grantee
or its officers, contractors, licensees, agents, servants, employees, guests,
invitees or visitors shall use or occupy the Easement Property, Grantee
shall furnish the Grantor with a certificate of insurance evidencing the
existence of such coverage, executed by a duly authorized representative
of each insurer.
iii. The certificate of insurance shall provide that the company or program
providing such coverage shall provide the Grantor with thirty (30) days
prior written notice of cancellation or material alteration of the policies set
forth in the certificate of insurance.
iv. In the event that the limits of the Idaho Tort Claims Act are modified, the
Grantee shall deliver a new certificate of insurance to the Grantor
indicating compliance with the revised limits within ten (10) business days
of the effective date thereof.
V. To the extent allowed under the Idaho Tort Claims Act and the Idaho
Constitution, such insurance coverage shall be primary for any and all
damage of any nature caused to or incurred by the Grantor arising out of
Grantee's use of the Easement Property.
9. Counterparts. This Easement may be executed in counterparts, each part being
considered an original document, all parts being but one document.
10. Attorney Fees. Should any litigation be commenced between the parties hereto
concerning this Easement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorneys' fees as determined by a court of
competent jurisdiction. This provision shall be deemed to be a separate contract between the
parties and shall survive any default, termination or forfeiture of this Easement.
ACCESS AND PARKING EASEMENT - 3
It. Non -waiver. Failure of either party to promptly enforce the strict performance of any
term of this Easement shall not constitute a waiver or relinquishment of any party's 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.
12. Remedies. In the event of a breach hereunder by any party, the non -breaching party 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.
13. Relocation Reservation. Grantor hereby reserves the right to relocate the Easement
upon the Grantor's Property either before or after any redesign or redevelopment of the Grantor's
Property, upon thirty days' prior written notice to Grantee. The parties then agree to execute,
deliver and record an amendment to this document to evidence the relocation.
14. 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 pedestrian or 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.
15. 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: City of Meridian
33 East Broadway Avenue
Meridian, ID 83642
Grantor: West Ada School District
Attn: Assistant Superintendent - Operations
1303 E. Central Drive
Meridian, ID 83642
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.
[ end of text; signature page follows ]
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IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed
the day and year first written above.
GRANTOR:
JOINT SCHOOL DISTRICT NO.2
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Dr. T4ajj Ann Ranells, Superintendent
STATE OF IDAHO )
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County of )
I HEREBY CERTIFY that on this a,5- day of , 2017 before the undersigned,
a Notary Public in the State of Idaho, personally appeared Mary Ann Ranells, proven to me to
be the person who executed the said instrument who executed the instrument on behalf of Joint
School District No. 2, and acknowledged to me that Joint School District No. 2 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.
ACCESS AND PARKING EASEMENT - 5
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Notary Public for Idaho
Residing at f ')1j -C" , , Idaho
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My Commission Expir: ,2-/I- 4,,j
GRANTEE:
CITY OF MERIDIAN:
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Attest:
City Clerk
STATE OF IDAHO
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County of Ada
I HEREBY CERTIFY that on this day of , 2017 before the undersigned,
personally appeared nd C.Jay Coles, known or identified to me to be the
tai Id -Mayer 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 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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ACCESS AND PARKING EASEMENT - 6
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Notary Public for Idaho
Residing at , Idaho
My Commission Expires:
EXHIBIT A
(Grantor's Property Legal Description)
Parcel 4, Record of Survey No. 10215 in the land records of Ada County Idaho
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EXHIBIT B
(Grantee's Property)
A parcel of land situated in a portion of the East 1/2 of the Northwest 1/4 of Section 33, Township 3
North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly
described as follows:
Commencing at a found aluminum cap marking the Northwest corner of said Section 33, thence
following the northerly line of the Northwest 1/4 of said Section 33, 589°15'22"E a distance of 2,660.62
feet to a found brass cap marking the North 1/4 corner of said Section 33;
Thence leaving said northerly line and following the easterly line of said Northwest 1/4, S00°19'09"W a
distance of 736.83 feet to a found 5/8 -inch rebar;
Thence leaving said easterly line, N89°46'03"W a distance of 647.40 feet to a point and being the POINT
OF BEGINNING.
Thence S00°13'57"W a distance of 71.92 feet to a point;
Thence N89'46'01"W a distance of 27.00 feet to a point;
Thence 500'13'59"W a distance of 105.50 feet to a point;
Thence S89°46'01"E a distance of 23.50 feet to a point;
Thence 39.72 feet along the arc of a non -tangent curve to the left, said curve having a radius of 65.00
feet, a delta angle of 35°00'32", a chord bearing of S38°4226"E and a chord distance of 39.10 feet to a
point;
Thence 92.64 feet along the arc of a non -tangent curve to the right, said curve having a radius of 258.50
feet, a delta angle of 20°32'01", a chord bearing of S47°08'39"W and a chord distance of 92.15 feet to a
point;
Thence 310.09 feet along the arc of a non -tangent curve to the right, said curve having a radius of
155.50 feet, a delta angle of 114°15'29", a chord bearing of S00°32'52"E and a chord distance of 261.21
feet to a point;
Thence 258.77 feet along the arc of a reverse curve to the left, said curve having a radius of 159.50 feet,
a delta angle of 92°57'23", a chord bearing of 510°06'11"W and a chord distance of 231.31 feet to a
found 5/8 -inch rebar;
Thence 99.60 feet along the arc of a non -tangent curve to the right, said curve having a radius of 52.16
feet, a delta angle of 109°23'47", a chord bearing of 571'51'07"E and a chord distance of 85.14 feet to a
found 5/8 -inch rebar;
Thence S66°04'37"W a distance of 46.41 feet to a found 5/8 -inch rebar;
Thence 159.39 feet along the arc of a circular curve to the left, said curve having a radius of 96.00 feet, a
delta angle of 95°07'46", a chord bearing of S16°53'46"W and a chord distance of 141.70 feet to a found
5/8 -inch rebar;
Thence 530'40'07"E a distance of 43.29 feetto a found brass plug on the northerly right-of-way line of
E. Highlander Dr.;
ACCESS AND PARKING EASEMENT - 8
Thence following said northerly right-of-way line, 48.08 feet along the arc of a circular curve to the left,
said curve having a radius of 681.50 feet, a delta angle of 04°02'32", a chord bearing of S54°42'11"W
and a chord distance of 48.07 feet to a found brass plug on the subdivision boundary of Hill's Century
Farm Subdivision Phase 2;
Thence leaving said northerly right-of-way line and following said subdivision boundary the following
courses:
1. N33°25'00"W a distance of 20.05 feet to a found 5/8 -inch rebar;
2. 259.81 feet along the arc of a circular curve to the left, said curve having a radius of 345.00
feet, a delta angle of 4308'55", a chord bearing of N67°53'27"W and a chord distance of
253.72 feet to a found 5/8 -inch rebar;
3. N89°27'54"W a distance of 98.19 feet to a found 5/8 -inch rebar;
4. N00'32'06"E a distance of 307.67 feet to a found 5/8 -inch rebar;
5. N89*27'52"W a distance of 66.90 feet to a found 5/8 -inch rebar;
Thence leaving said subdivision boundary, N00016'11"E a distance of 586.11 feet to a found 5/8 -inch
rebar;
Thence S89°46'03"E a distance of 510.81 feet to the POINT OF BEGINNING.
Said parcel contains 9.536 acres, more or less, and is subject to all existing easements and/or rights-of-way
of record or implied.
ACCESS AND PARKING EASEMENT - 9
EXHIBIT C
(Easement Depiction)
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