Sweet Parking Improvements EasementJ -U -B ENGINEERS. INC. 250 South Beachwood Avenue, Suite I — 60180, Idaho 6.1709
92138�7. "
Project: 18026 ADAi
r �.`0„
Date: March 27, 1991 J. DAVIL, �.r
i;:
DESCRIPTION FOR EASEMENT RECORDER BY
A PORTION OF LOT 20, BLOCK 4, 84J91
AMENDED PLAT OF TOWNSITE OF MERIDIAN
LYING IN SECTION 7, T.U., R.lE., B.M921gflfl 9 fln,0 29
MERIDIAN, ADA COUNTY, IDAHO
A parcel of land being a portion of Lot 20, Block 4, of the Amended Plat of
Townsite of Meridian, a subdivision, as filed for record in the office of the Ada
County Recorder, Boise, Idaho in Book 1 of Plats at page 30 and more particularly
described as follows:
13850` �D1393
Beginning at the intersection of East First Street and Idaho Street, Project
station 33+16.45; thence South 00033'45" West 40.52 feet along the centerline of
said East First Street to a point, said point being Project station 32+75.93;
thence South 89026115" East 40.00 feet to a point marking the Northwest corner
of said Lot 20, being 40.00 feet right of Project station 32+75.93, also said
point being the REAL POINT OF BEGINNING;
thence South 88042108" East 24.54 feet along the Northerly boundary of said
Lot 20 to a point;
thence South 01004'29" West 89.26 feet to a point;
thence North 89020'23" West 19.47 feet to a point;
thence South 46052117" West 5.90 feet to a point on the Westerly boundary
of said Lot 20, also said point being 40.00 feet right of Project station
31+82.32;
thence North 00033145" East 93.61 feet along said Westerly boundary of Lot
20 to the point of beginning of the above described easement.
1385001394
BASEMENT AGREEMENT
THIS INDENTURE is made this t q day of J .
1991, between R. Jack Sweet and Ida Tina Sweet, husband and wife,
party of the first part, hereinafter referred to as wGrantor",
and the CITY OF MERIDIAN, a municipal corporation of the State of
Idaho, party of the second part, hereafter referred to as
NGranteeN:
W I T N E S S E T H
WHEREAS, the Grantor and Grantee desire that the Grantor
provide an easement to the Grantee on and across the real
property described in Exhibit NAN 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
az:d striping, hereafter referred to as NImprovementsN or
NImproved"'; and
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 NProjectN,
and the plans provide for Improvements for public parking areas
along East First Street in the Right -of -Way; and
WHEREAS, a portion of Grantor's real property located
between Grantor's building and the Right -of -Way located on the
east border of First Street is presently used by Grantor as
parking for its customers, and the access to the said parking
EASEMENT AGREEMENT - 1
1385401.395
area includes the curb cut on First Street, as well as a curb cut
onto East Idaho Street, which curb cuts cross the Right -of -Way
owned by the Ada County Highway District; and
WHEREAS the Grantee and Grantor desire to have a portion of
Grantor's real property included in the Project and to have the
portion of Grantor's property that was previously used for
private parking to be improved and it is to both Grantor's and
Grantee's benefit and consideration to have Grantor's property
included in the Project and to have the property described in
Exhibit MAN attached hereto and incorporated by this reference
improved identically to the Right -of -Way portion of the parking
area; and
WHEREAS, it is mutually beneficial to the Grantor and
Grantee to have all of. the property in what is now used for
private parking improved in identical fashion and to have the
work performed at the same time; and
WHEREAS, the Grantor, as an adjoining property owner to the
Project, is responsible for paying for the Project Improvements
located adjacent to his property in the same manner as all other
property owners adjoining the Project; and
WHEREAS, as consideration for entering into this Agreement,
Grantee receives benefit by way of the removal of the previous
curb cut from the Grantor's previous parking area to East Idaho
Street, as well as the benefit of having the parking area located
adjacent to Grantor's property be consistent with the Project in
general.
NOW THEREFORE, in consideration of the mutual covenants,
promises, benefits and other consideration set forth below,
EASEMENT AGREEMENT - 2
r 1385OC1396
receipt in sufficiency of which is hereby acknowledged by Grantor
and Grantee, the parties hereto agree as follows:
1. That the above recitals are contractual and binding on
the parties.
2. Subject to the terms of this Agreement, Grantor does
hereby give, grant and convey unto the Grantee, an easement on
and across the land described in Exhibit NAN 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. It is specifically understood and agreed that Grantor
and Grantor's heirs, successors and assigns may terminate the
easement created pursuant to this Agreement upon the following
conditions:
(a) Grantor shall provide Grantee with at least Ten
(10) days written notice of Grantor's intention to terminate the
easement by certified mail, return receipt requested;
(b) Grantee shall construct in the public Right -of -Way
and adjacent to, but not on, the property owned by the Grantor,
vertical curb, including a Thirty Five (35) foot curb cut should
Grantor desire ingress and egress to the property by way of
vehicle, gutter, sidewalk, brick paver and asphalt, if necessary,
such that the Improvements located along the Right -of -Way
adjacent to Grantor's property are performed in a manner as set
forth in Exhibit NBN attached hereto and incorporated in full by
this reference;
(c) The construction work set forth in paragraph 3(b)
above shall be completed within One Hundred Twenty (120) days
EASEMENT AGREEMENT - 3
from the date Grantee shall receive written notice from Grantor
as set forth in paragraph 3(a) above.
(d) Grantor shall pay for all costs and expenses of
the construction of Improvements located in the public Right -of -
Way as set forth in paragraph 3(b) above; and
(e) Upon completion of the construction and conditions
set forth above, Grantor and Grantee shall promptly execute a
Termination of Easement Agreement which shall be recorded in Ada
County.
4. Unless terminated as set forth in paragraph 3 above,
Grantee shall have and hold the easement granted hereunder 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 attached hereto as Exhibits NCN and incorporated herein as if
set forth in full.
5. Grantee will complete the work of constructing the
sidewalk, curb, gutter, brick pavers, asphalt, pavement, painting
and striping, and parking lot Improvements in a timely and
workmanlike manner, and also agrees to restore Grantor's premises
used therefore to a condition comparable with that existing prior
to May 23, 1991.
6. During the term of this Agreement, and subject to
paragraph 3 above, 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.
EASEMENT AGREEMENT - 4
1385001398
7. Excluding Improvements located on that portion of the
easement (Exhibit MAN) utilized as a parking area for public use,
the Grantor also covenants that he 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.
8. The Grantee hereby covenants and agrees that it shall
assume full responsibility for maintaining the portion of the
easement utilized as a parking area for public use in a manner as
specified in the City of Meridian General Ordinances and as
specified in the Ordinances of the Ada County Highway District.
9. 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. Grantee shall also
enforce a Two (2) hour parking limitation within the easement
public parking area, and Grantee shall provide appropriate
signage indicating such parking limitation. It is further agreed
that Grantor may prohibit parking by his 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.
10. This Easement Agreement shall be binding upon the
parties, their heirs, successors and assigns.
1385001399
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 the 1`�th day of
undersigned, a Notary Publ
appeared R. JACK SWEET and IDA TINA SWEET, known to me to be the
persons whose names are subscribed to the within and foregoing
instrument and acknowledged to me that they executed the same.
GRANTOR:
R. Ja V
weet
Ida Tina Sweet
GRANTEE:
City of Meridian
STATE OF IDAHO ) 13850,1400
ss.
County of Ada )
On the day of, 1991, before me, the
undersigned, a Notary Publ c n and for said State, personally
appeared GRANT P. KINGSFORD and JACK NIEMANN, Mayor and City
Clerk of the City of Meridian, respectively, known to me to be
the persons whose names are subscribed to the within and
foregoing instrument and acknowledged to me that they executed
the same.
the
IN WITNESS WHEREOF, I have hereunto affixed my official seal
day and year first above written.
. Q •e ti
No ary Pu 1 c f or •Idaho
Residing at 0to-C�
Idaho
�, My Commission Expires: /0_21. qL