Jones Parking Improvements EasementL
AMBROSE,
FITZGERALD
&CROOKSTON
Anom.ys.na
CounNan
P.O. Box 4V
MNMIYn, Idrho
8350
T*Wowa em"01
i
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DA 'r, CL .,
EASEMENT AGREEMENT RECORDER BY
THIS INDENTURE is made this /Aff of �"t� 9 fl' Rlgi,9
between Loyd E. Jones and Sally S. Jones, 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";
1385001365
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
in front of Grantor's building which parking area includes land
1.3850' G6
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.
AMBROSE,
2. In consideration of the benefits to be received by the
FITZGERALD
&CROOKSTON
Grantor, and for the sum of One Dollar (;1.00) and other good
0oinikn
and valuable consideration, the receipt of which is hereby
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. pEA4
TNMPIwM M6Nt)1
138500136`
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
T
pedestrian, sidewalk, or parking purposes, except as provided in
paragraph nine (9) below.
AMBROSE,
6. The Grantor also covenants that he will maintain the
FITZGERALD
&CROOKSTON
Improvements on the easement as specified in the City of Meridian
Attornep an0
General Ordinances and as specified in the ordinances of the Ada
P.O. Box 127
82312
TaNphona Mtiilat
i 1385OC1368
County Highway District.
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 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
AMBROSE, of Meridian Building Codes.
FITMERALO
aCROOKSTON 10. It is further and specifically agreed by and between
AHom"s Md
Cwt°eews Grantor and Grantee that in the event Grantor elects to cease
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am
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13850'1369
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.
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
AMBW*E.
District,
the parties hereto shall execute a
Termination of
FITZOEPALO
iCgOOKSTON
Easement
Agreement, which shall be recorded
cancelling and
Alto M,end
c°""'"°"
voiding this Easement Agreement.
P.O. bt 127
momma, Idaho
SM2
TWOh—Ml�M1
AMBROSE,
FITZGERALD
i CROOKSTON
ABomayaand
Counsews
P.O. Box 4V
M«Idlan, W00
• B16t2
TalaphonaaS6�Et
1385OP1370
11. It is further agreed that during removal of the
Grantor's pavement existing on the easement prior to
construction, the contractor removed a sign of Grantor's,
contractor's activity caused approximately four square feet of
Grantor's existing facia to be removed from Grantor's building,
and a vent grate which was in the sidewalk was damaged during
removal; that Grantee covenants that it will insure that the
contractor will forgive the bill or not charge Grantor for the
removal of the sign, and either repairs or replaces the grate
and that if the contractor does not do so the Grantee shall do
so at its cost and Grantee will hold Grantor harmless from any
cost or expense to perform and complete the work referenced in
this paragraph and from any charge for the removal of Grantor's
sign which Grantor does not object to its removal but does object
to having to pay contractor for its removal when he did not
specifically request contractor to remove it.
12. This Easement and Agreement shall be binding upon the
parties, their heirs, successors and assigns.
IN WITNESS WHEREOF, the parties have hereunto subscribed
their names the day and year first above written.
GRANTOR:
u■
1385001371
GRANTEE:
STATE OF IDAHO,)
: ss.
County of Ada, )
On this// day of , 1991, before me, the
undersigned, a Notary PUTT n and for the said State,
personally appeared Loyd E. Jones and Sally S. Jones, 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.
SEAR.
1
AMBROSE.
flTZOERALO
t CROOKSTON '• �.
Mtomwys end
COunseWs STATE OF IDAHO,)
RO. Box 4V :
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N Y P I R IDAHO
- Residing at Meridian, Idaho
AMBROSE,
FIMERALD
&CROOKSTON
AttomoP end
Cou"geR n
P.O. Box 427
TowphoneSN" bt
1385001372
AMBROSE.
FITZGERALD
•CROOKSTON
AtIomaya and
Counaalaa
P.O. Box 427
Marklw% kilo
S"
TWWKN 80""1
1385001373
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 00o 33125" East
40.66 feet along the centerline of said East First Street to a
point, said point being Project station 36+91.02; thence South
89026135" East 40.00 feet to a point marking the Southwest corner
of said Lot 1, being 40.00 feet right of Project station
36+91.02, also said point being the REAL POINT OF BEGINNING;
thence North 89036148" East 24.99 feet along the Southerly
boundary of said Lot 1 to a point;
thence North 00* 02158" West 80.00 feet to a point on the
Northerly boundary of said property;
thence South 89°36137" West 24.14 feet along said Northerly
boundary of said property to a point marking the Northwest corner
of said property, said point being 40.00 right of Project station
37+71.02;
thence South 00°33'25" West 80.00 feet along the Westerly
boundary of said Lot 1 to the point of beginning of the above
described easement.