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Johnson Parking Improvements EasementU 9213853 AD'. C. F 0 4VP /d10;y-,, J. DA.VIU INVARR0 RECORDER BY EASEMENT AGREEMENT cQ4 0 rT '92 Mfifl 9 flM 10 29 THIS INDENTURE is made this ,� day of��.� , 1991, between Joseph A. Johnson, a married man dealing with his sole and separate property, 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";�a�J 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, striping and maintaining 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 improvements 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 ell 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 and which is owned by the Ada County 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"; 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. 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 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 a 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 paragraph nine (9) below. 6. The Grantor also covenants that he will maintain the Improvements on the easement as specified in the City of Meridian 1385001360 General Ordinances and as specified in the ordinances of the Ada County Highway District during the term of this easement. 7. 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 support posts in the sidewalk to support a future awning in accordance with 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 13 35001351 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 voiding this Easement Agreement. 11. This Easement Agreement shall be binding upon the parties, their heirs, successors and assigns. 138501362 IN WITNESS WHEREOF, the parties have hereunto subscribed their names the day and year first above written. GRANTOR: I _J15oS HN 0 - - GRANTEE: CITY OF MERIDIAN 00 12P NT • , a r STATE OF IDAHO,) ss. County of Ada, ) On this �� day of a er , 1991, before me, the undersigned, a Notary u id in and for the said State, personally appeared Joseph A. Johnson, a married man dealing with his sole and separate property, known to me to be the person who subscribed his name to the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. cc:esoze -1 % s S E A Lr ;r e U B LAG B CFOR IDAH-0 — sI,',�p %%.c R s' ing at Meridian, Idaho ''•�T� 0F �QT`� AMBROSE, FITZGERALD t CROOKSTON Atlomeys wd CounNlon R.O. an 42T MMIOIYi, W1 - 83662 T6MDOW"I 13850C1.363 STATE OF IDAHO,) ss. County of Ada, nn On this is qday of J e Abe✓ 1991, before me, the undersigned, a Notary Public in ana�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. �OTARr ti SEAL:* G s Fu ro fu '°V B �� * Residing at Meridian, Idaho nc I'D J -0 -6 -ENGINEERS. INC. Project: 18026 EXHIBIT "A" Date: September 4, 1991 D 0 �r �Iy DESCRIPTION FOR EASEMENT A PORTION OF IAT 15, BLOCK 1, F.A. NOQRSE'S FIRST ADDITION TO MERIDIAN, LYING IN LOT 2, SECTION 7, T.U., R.1E., B.M. 1'O;RIDIAN, ADA COM=, IDASO 1383001364 A parcel of land being a portion of Lot 15, Block 1, of F.A. NourseIs First Addition to Meridian, a subdivision, as filed for record in the offics of the Ada County Recorder, Boise, Idaho in Book 2 of Plata at page 53 and more particularly described as follows: Beginni.Ag at the intersQction of East first Street and Pine Avenue, Project station 36+50.36; thence North 00033.25" East 39.45 feet along the eenteriine of said East First Street to a point, sAid point being Project station 36+89.81- thence North 89'26.35" West 40.00 feet to a point marking the Southeast corner Of said Lot 15; being 40.00 feet left of Project station 36+89.81, also said point being the REAL POINT OF BEGINNING; thence South 89036'48" West 23.15 feet along the Southerly boundary of said Lot 15 to a points thence North 00.3325" East, parallel to the centerline of said East First Street, 106.28 feet to a point; thQnce North 59.50'06" East 26.72 feet to a point marking the Northeast corner of said Lot 15, said point being 40.00 feet le 38+09.81; ft of project station thQnce South 00033125" Want 120.00 feet along the Easterly boundary of said Lot 15 to thQ Point of beginning of the above described easement.