Stewart Parking Improvements EasementAMBAOSE,
FITZGERALD
ACROOKSTON
ARomsysand
CounseWs
P.O. Box 427
MVNIon, Idaho
ae1:
Te—p! Mb 1t{1
9213855
REC0R-D By
EASEMENT AGREEMENT cQqo
'92 MR 9 flM 10 29
THIS INDENTURE is made this �Jkday of °, 1991,
between Terry R. Stewart and Renee D. Stewart, husband and wife,
party of the first part, hereinafter referred to as "Grantor"
whether a single party or multiple parties, and the CITY OF
MERIDIAN, a municipal corporation of the State of Idaho , party
of the second part, hereafter referred to as "Grantee";
W I T N E S S E T H 138500,1374
WHEREAS, The Grantor desires to provide a terminable
easement to the Grantee on and across the real property described
in Exhibit "A" attached hereto, and by this reference
incorporated herein as if set forth in full herein, for the
purposes of the Grantee designing, placing, constructing,
building and striping a parking area for public use, to include
curbs, gutters, sidewalk brick paver, asphalt, paint and
striping, hereafter referred to as "Improvements" or "Improved";
WHEREAS, the Grantee is in the process of constructing
substantial road improvement to East First Street, Meridian,
Idaho, including Improvements to parking areas, as part of the
East First Improvement Project, Project No. 60003.0 of the Ada
County Highway District, hereafter referred to as the "Project",
and the plans provide for improvements for parking areas along
East First Street in the Right -of -Way;
WHEREAS, Grantor's property is presently used for parking
in front of Grantor's building which parking area includes land
owned by the Grantor and land that is in the Right -of -Way for
1385001375
East First Street and which is owned by the Ada Count Highway
District;
WHEREAS, Grantor desires to have his property included in
the Project and to have the portion of his property that is used
for public parking to be Improved and it is to Grantor's benefit
and consideration to have his property included in the Project
and to have his property described in Exhibit "A" improved
identically to the Right -of -Way portion of the parking areas;
WHEREAS, the Grantor is paying for the Improvements on the
property described in Exhibit "A", hereafter referred to as the
"Property" pursuant to the Local Improvement District
assessments;
WHEREAS, it is mutually beneficial to the Grantor and
Grantee to have all of the property in what is now used for
public parking improved in identical fashion and to have the work
performed at the same time; and
WHEREAS; it will be necessary for the Grantor to maintain
and service the Improvements from time to time, as specified in
the City of Meridian General Ordinances and as specified in the
ordinances of the Ada County Highway District, which Grantor
covenants to perform as required.
NOW, THEREFORE, IT IS AGREED:
1. That the above recitals are contractual and binding on
the parties.
FITZGRALD
2. In consideration of the benefits to be received by the
&CROOKSTON
Grantor, and for the Sum of One Dollar ($1.00) and other good
AIlorMsend
COYfINIm
and valuable consideration, the receipt of which is hereby
Posy.
MvIcIlon, MWho
SW2
ToNphono!lbirbt
-
� .1385013'76
acknowledged, Grantor does hereby give, grant and convey unto the
Grantee a terminable easement on and across the land described
in Exhibit "A" for the construction of sidewalk, curb, gutter,
brick paver, asphalt, painting, striping, and Improvements of
parking facilities and allied facilities over and across the
Property with free right of the public to such facilities at any
and all times.
3. For the Grantee to have and to hold the said easement
as long as East First Street shall remain in the parking lot and
sidewalk design configuration as shown on the approved street
construction plans dated May 22, 1991 and May 23, 1991, including
the design addendum dated June 3, 1991, all of which are
incorporated herein as if set forth in full herein, or until
terminated as set forth in paragraph ten (10) below.
4. That the Grantee will timely complete the work of
constructing the sidewalk, curb, gutter, brick pavers, asphalt
pavement, painting and striping, and parking lot improvements and
restore the premises used therefor to condition comparable with
that existing prior to exercising this easement.
5. The Grantor hereby covenants and agrees that he will
not place, or allow to be placed, any permanent structures on the
easement which would interfere with the use of the easement for
pedestrian, sidewalk, or parking purposes, except as provided in
AMBROSE,
paragraph nine ( 9) below.
FRZGERALD
aCROOKSTON
6. The Grantor also covenants that he will maintain the
Atto°'"",�
Improvements on the easement as specified in the City of Meridian
P.O.Box li7
,„
General Ordinances and as specified in the ordinances of the Ada
UNphoM UDiibt
AMBROSE.
FITZGERALD
&CROOKSTON
Attomaya and
Counaaton
P.O. Box 127
MvIcIlan, Idaho
$3642
T0WVWGSW"*1
1385001377
County Highway District.
1. The Grantor hereby covenants that he is lawfully seised
and possessed of the Property and the he has a good and lawful
right to convey said easement, and that he will warrant and
defend the title and quiet possession thereof against the lawful
or unlawful claims of all persons whomsoever, including any prior
lienholder.
8. That it is further agreed that the Grantee has the
right to authorize and enforce parking control ordinances on and
across the easement and that Grantee may include the easement
within the bounds of a parking control ordinance. It is further
agreed that Grantor may prohibit parking by its employees in the
easement and may structure leases such that employees working in
buildings owned by Grantor may be prohibited from parking in the
easement but that Grantee shall have no control or enforcement
over such restrictions other than as allowed under its General
Ordinances.
9. Grantor hereby recognizes the use of this easement and
covenants not to allow any building on said easement. However
the Grantor reserves the right to place future improvements on
the Grantor's existing building which may encroach on the
easement all of which improvements by Grantor shall comply with
the City of Meridian Building Codes.
10. It is further and specifically agreed by and between
Grantor and Grantee that in the event Grantor elects to cease
allowing the easement property to be used for parking purposes,
whether public or private, that Grantor may terminate and cancel
1355001378
this Easement Agreement upon the following conditions, to wit:
1) By giving the Grantee three (3) months advance notice
of termination of this Easement Agreement in writing mailed to
Grantee by certified mail return receipt requested.
2) By constructing in the public right-of-way and adjacent
to, but not on, the property owned by the Grantor, vertical curb,
gutter, sidewalk brick paver, and asphalt, if necessary, such
that the improvements along Grantor's property are identical to
the improvements constructed along East First Street as
constructed as part of the East First Improvement Project,
Project No. 60003.0 of the Ada County Highway District, where
vertical curbing was initially installed as part of the Project
and not part of a parking area as contemplated in and upon the
easement granted herein, which construction may entail some
transition improvements outside of the easement area.
3) By having the construction work set forth in paragraph
two (2) above completed- prior to the effective date of the
termination date of this Easement Agreement.
4) Paying for all costs and expenses of the construction
set forth in paragraph two (2) above.
5) Upon completion of the conditions set forth above to
the satisfaction of the Grantee and the Ada County Highway
District, the parties hereto shall execute a Termination of
Easement Agreement, which shall be recorded cancelling and
AMBWME,
MMERALO
BCROOKSTON
voidingthis Easement Agreement.
eg
AtWn"$&W
11. This Easement and Agreement shall be binding upon the
cou""We
P.O. Box 4V
parties, their heirs, successors and assigns.
MWMIOn.- -, I
11E12
T�NplarwlMi�01
AMBROSE,
FffMERALD
& CJ3OOKSTON
Att may4'and
P.O. BOX 427
MWMIan. W"
83842
Taftowwom"al
13850U3'73
IN WITNESS WHEREOF, the parties have hereunto subscribed
their names the day and year first above written.
STATE OF IDAHO,) /
sS:---
County of Ada, )
On thisae day of 1991, before me, the
undersigned, a- otary Pub Ilic nan-d--for the said State,
personally appeared Terry R. Stewart and Renee D. Stewart,
husband and wife, known to me to be the persons who subscribed
their names to the foregoing instrument, and acknowledged to me
that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year first above written.
AMBROSE,
FITZGERALD
&CROOKSTON
Attomaya and
Counaaton
P.O. Box 127
MWWlan, Idaho
SM2
Talaphax, lIGIM"t
13850FD1380
STATE OF IDAHO,)
ss.
County of Ada, )
On this 3n day of September 1991, before me, the
undersigned, —7 --Notary Puu-bl12 I— a"for the said State,
personally appeared GRANT P. KINGSFORD and JACK NIEMANN, known
or identified to me to be the Mayor and City Clerk of the City
of Meridian, whose names are subscribed to the foregoing
instrument, and acknowledged to me that they executed the same
on behalf of said City of Meridian.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year first above written.
,,•'; .^''�,^�'. iii„'•
SEAL
13850e1381
EXHIBIT "A"
A parcel of land being a portion of Lot 1, Block 2, of F.A.
Nourse's First Addition to Meridian, a subdivision, as filed for
record in the office of the Ada County Recorder, Boise, Idaho in
Book 2 of Plats at page 53 and more particularly described as
follows:
Beginning at the intersection of East First Street and Pine
Avenue, Project station 36+50.36; thence North 00°33'25" East
120.66 feet along the centerline of said East First Street to a
point, said point being Project station 37+71.02; thence South
89026'35" East 40.00 feet to a point marking the Southwest corner
of said property, being 40.00 feet right of Project station
37+71.02, also said point being the REAL POINT OF BEGINNING;
thence North 89036148" East 24.14 feet along the Southerly
boundary of said property to a point;
thence North 00°02'58" West 40.00 feet to a point on the
Northerly boundary of said Lot 1;
thence South 89°36'37" West 23.72 feet along said Northerly
boundary of Lot 1 to a point marking the Northwest corner of said
Lot 1, said point being 40.00 right of Project station 38+11.02;
thence South 00033125" West 40.00 feet along the Westerly
boundary of said Lot 1 to the point of beginning of the above
described easement.
AMBROSE.
FITZGERALD
i CROOKSTON
Attome" and
COOnSekwo
P.O. B= 427
MWMIM. kW*
83642
UNOIana Sb5441