Peterson Parking Improvements EasementL 521385no lch.�qr)6
J. DAVID PaAVARRO
RECORDER EY�
EASEMENT AGREEMENT '92v 6
Mfl 9 HM 10 29
1385001382
THIS INDENTURE is made this _2_2 day of
*�C'«ully- , 19!j 1 , between Philip A. Peterson and
Polly A. Peterson, husband and wife, and Richard Rhodes and
Judith A. Rhodes, husband and wife, and the Estate of
Winifred Smyth Ambrose, an estate of the Fourth Judicial
District Court, Ada County, Polly A. Peterson, Personal
Representative, parties of the first part, hereafter
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:
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"; and
WHEREAS, the Grantee is in the process of
constructing substantial road improvements to East First
EASEMENT AGREEMENT -1
.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; and
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 East First Street, which right-of-way is
owned by the Ada County Highway District; and
WHEREAS, Grantor desires to have Grantor's
property included in the Project and to have the portion of
Grantor's property that is used for public parking to be
Improved, and it is to Grantor's benefit and consideration
to have Grantor's property included in the Project and to
have Grantor's property, described in Exhibit "A", improved
identically to the right-of-way portion of the parking
areas; and
WHEREAS, the Grantor is paying for the
Improvements on the property described in Exhibit "A",
hereafter referred to as the "Property"; and
WHEREAS, it is mutually beneficial to the Grantor
and Grantee to have all of the property in what is now used
EASEMENT AGREEMENT -2
138501384
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.
2. In consideration of the benefits to be
received by the Grantor, and for the sum of One Dollar
($1.00) and other good and valuable consideration, the
receipt of which is hereby 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,
EASEMENT AGREEMENT -3
1385001385
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 six (6) or 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
Grantor 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 paragraph nine (9) below.
6. The Grantor also covenants that Grantor will
maintain the Improvements on the easement as specified in
the City of Meridian General Ordinances and as specified in
the ordinances of the Ada County Highway District; provided,
however, the granting of this easement is specifically
conditioned upon the continuation in full force and effect
of present ordinances and policies of the Ada County Highway
District and the City of Meridian regarding maintenance of
the parking area in the easement by those governmental
entities (e.g., the City of Meridian ordinance adopted
13850e1386
September 17, 1991). In the event the maintenance
obligation of Ada County Highway District or City of
Meridian under such present maintenance ordinances and
policies is repealed or otherwise reduced, this easement
shall terminate, and such termination shall not be subject
to the restrictions of paragraph ten (10) hereof.
7. The Grantor hereby covenants that Grantor is
lawfully seized and possessed of the Property and that
Grantor has a good and lawful right to convey said easement,
and that Grantor 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; provided, however, that Grantor reserves the
right to place signage on the parking area curbing or
Grantor's building identifying any or all parking places as
being associated with Grantor (e.g., "Ambrose Professional
Center" or "Ambrose Plaza Parking"), or any tenant of
Grantor (e.g., "Ada County Real Estate"), so long as said
designations do not contain the word "only" or similar
language denoting an absolute exclusion of the general
public from the parking area. It is further agreed that
EASEMENT AGREEMENT -5
13850n1387
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
support posts in the sidewalk to support a future awning and
to place nominal facade improvements on the Grantor's
existing building which may encroach on the easement, but by
not more than eight (8) inches, 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 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.
EASEMENT AGREEMENT -6
1385001388
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 voiding this Easement Agrement.
11. This Easement and Agreement shall be binding
upon the parties, their heirs, successors and assigns.
1385001390
County of .Canyon )
On this day of S�4—
� in the year
before me, 1., a Notary
19LAI k- -'re PHIL P A. PETERSON and POLLY A.
Pu ic, personally appea
PETERSON, husband and wife, known or identified to me to be
the persons and ose names acknowledged aresubscribed
me that a to the they executed within
instrument, the
same:
F I'S C . , IN WITNESS WHEREOF, I have hereunto set my hand
•'"d aFfixed my official seal the day and year first above
an
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sI:Commission e
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STATE OF CALIFORNIA )
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County of
a'r' da of in the year
On this — a Notary
19 q 1 , before me,
Pu lic, personally appeare RI
�)R HODES ar JUDITH A.
RHODES, husband and wife, known or identified to me to be
the persons whose names are subscribed to the within
instrument, and acknowledged to me that they executed the
same.
IN WITNESS WHEREOF,
and affixed my official seal
written.
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OFFICIAL SEAL S
BETSY W. ROCKET e
.� NOTARY VUIUC — CALIFORNIA
2.
COUNTY OF SANTA CLARA
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Comm. Exp. Dec. 26, 1992
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1385001391
STATE OF IDAHO )
:ss
County of Ada )
On this a'7� day of �etember , in the year
19 before me, Gary D. Sml , a Notary
PuBic, 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, respectively, whose names are
subscribed to the within 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 m
mi"Vrr�c4al seal he day and year first above
written.: ,��•`�`tteyesoe.•�1��'�,,�
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STATE OF ID,
•/•hocc• �`� )
County of )
On this day of n h year
19 before me, L , a Notary
Public, personally appeared POLLY A. PETERSON, personal
representative of the Estate of Winifred Smyth Ambrose,
known or identified to me to be the personal representative
of the Estate of Winifred Smyth Ambrose, and whose name is
subscribed to the within instrument, and acknowledged to me
that she executed the same as personal representative.
IN WITNESS WHEREOF, I have hereunto set my hand
and affixed my official seal the day and year first above
written.
S > C
is.
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EASEMENT AGREEMENT -10
CA
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Commission expires:
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1385001392
EXHIBIT "A"
A parcel of land being a portion of Lot 16, Block
Nourse's Second Addition.to Meridian, a subdivisions1• of F.o
record in the office of the Ada County Recorder ias filed for
Book 2 of Plats at page 64 and more particular) d e Idaho in
follows: '
Y described as
Beginning at the intersection of East First Street
Street, Project station 39+86.39; thence South°
40.66 feet along the centerline of said OOSt 25" West
Points said point being Project station 39+45F73st Street to a
8?26 35 West 40.00 feet to a point markingthence North
Of said lot 16, being40.
00 feet left of Proect
the Northeast corner
39+45.73, also said point being the REAL POINT OF BEG[NNItation
thence South 8? 36'52" West 17.45 feet along the Nor G,
boundary of said Lot 16 to a point; therly
thence South Od 57105" West 36.29 feet to a
thence South 2t;° 55'47" Point;
West 3.41 feet to a point;
thence South Off 46051" West 59.39 feet to a Point;
thence North N
8'491 59 East 18.84 feet to a
thence South Off 49'03" West 20.12 feet to point.
thence South 85°54'53" East 0.70 feet a point,
Easterly boundary of said Lot 16; to a Point on the
thence North 00033125" East 118.95 feet along said Easterly
boundary of Lot 16 to the
described property. Point of beginning of the above