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Jones Parking Improvements EasementL AMBROSE, FITZGERALD &CROOKSTON Anom.ys.na CounNan P.O. Box 4V MNMIYn, Idrho 8350 T*Wowa em"01 i 9213c15`f ; J�%1T- „4,,,:Zn0 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 P.O. Box 4V MNldlan, kWw . 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 P.O. bx 4V MMIOIM. Idaho am TM�WaM!!lb4�1 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 : MNW W�, IdYa emu TN�phon�!!{4N1 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.