Loading...
Ada County Street Lighting EasementRECORDING REQUESTED BY AND WHEN RECORDED RETURN TO AGREEMENT N0. LA7 ADA COUNTY RECORDER Christopher D. Rich 2016.019363 BOISE IDAHO Pgs=9 VICTORIA BAILEY 03109/2016 09:18 AM MERIDIAN CITY NO FEE 1111111111111111111111111111111111111111111111111 00281248201600193630090092 (Space Above For Recorder's Use) STREET LIGHTING EASEMENT AGREEMENT This Street Lighting Easement Agreement ("Easement Agreement") is made and entered into this x fda ofu , 2016 by and between Ada County, a duly formed and existing county pursuant to the laws and Constitution of the State of Idaho,("Grantor") whose current address is 200 W. Front Street, Boise, Idaho 83702 and City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("Grantee"), whose current address is 33 E. Broadway Ave., Meridian, Idaho 83642. 1. Background. 1.1 Grantor Real Property. Grantor is the owner of the real property described and depicted on Exhibits A and B attached ("Grantor Real Property"). 1.2 Request for Easement. The Grantee has requested the Grantor to convey to the Grantee a nonexclusive easement on the Grantor Real Property for the purposes described in Section 2.2 below. 1.3 Purpose of Agreement. The purposes of this Easement Agreement are (i) to describe the easement granted, and (ii) to establish the relative rights and obligations of the parties regarding the easement granted under this Agreement. Grant of Easement. 2.1 Grant. For value received, Grantor hereby GRANTS AND CONVEYS to the Grantee a nonexclusive conditional easement on the Grantor Real Property (hereinafter "Easement Property") described and depicted in Exhibits A and B attached. 2.2 Purposes of Easement. The Easement is granted solely for the following purposes and no other: For the purpose of construction, operation, maintenance, repair, and replacement of the Grantee's street lighting system and allied facilities, with the free right of access to such system and facilities at all reasonable times. STREET LIGHTING EASEMENT AGREEMENT — PAGE 1 of 7 n:ljuvenileljuvenJe street light easement agreernent.docx 2.3 Term of Easement. Grantor grants all of the above-described real property to Grantee and its successors and assigns for so Iong as Grantee shall use the aforesaid property for the purposes mentioned above. If Grantee fails to so use the property for such purposes for a continuous period of one (1) year or more, the above-described real property shall automatically revert to Grantor and its successors and assigns without it being necessary for Grantor and its successors or assigns to take any affirmative action to effectuate the reverter. 2.4 Covenants and Agreements of the Grantor.. 2.4.1 The Grantor, on behalf of the Grantor and the Grantor's heirs, successors, assigns, purchasers, or transferee of any kind, covenants and agrees with the Grantee and the Grantee's heirs, successors, assigns, purchasers, or transferee of any kind, that the provisions of this Easement Agreement (i) shall run with and bind the Easement Property, and (ii) shall inure to the benefit of, and be enforceable (at law or in equity) by any owner of all or part of, the Easement Property. 2.4.2 The Grantor, on behalf of the Grantor and the Grantor's heirs, successors, assigns, purchasers, or transferee of any kind, hereby covenants and agrees that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described and depicted by Exhibits A & B which would interfere with the Grantee's use of the easement, for the purposes stated herein. 2.5 Covenants and Agreements of the Grantee. The Grantee, on behalf of the Grantee and the Grantee's heirs, successors, assigns, purchasers, or transferee of any kind, covenants and agrees with the Grantor and the Grantor's heirs, successors, assigns, purchasers, or transferee of any kind, as follows: 2.5.1. Repair and Maintenance. To maintain all improvements located on the Easement Property in good and sufficient repair and shall keep the Easement Property in a neat and aesthetically pleasing condition. All damage to any improvements shall be repaired as promptly as is reasonably possible. Grantee agrees that after any construction, maintenance, repair, and/or replacement of the Grantee's street lighting system and allied facilities, Grantee shall restore the Easement Property and any adjacent Grantor real property to the condition that existed prior to undertaking such procedures. All damage to any of Grantor's improvements shall be repaired as promptly as is reasonably possible. If such restoration is not made, the Grantor, upon fifteen (15) days prior written notice, shall have the right to correct such condition. The Grantee shall promptly reimburse the Grantor for such costs. 3. General Provisions. 3.1 Mediation, Attorney Fees and Costs. Any controversy or claim arising out of or relating to this Easement Agreement, or breach thereof, must be first submitted to mediation by a mediator mutually acceptable to the parties and, if not resolved by mediation, may be finally determined by litigation. If a suit, action, or other proceeding arising out of or related to this Easement Agreement is instituted by any party to this Easement Agreement, the prevailing party shall be entitled to recover its reasonable attorney fees, expert witness fees, and costs (i) incurred STREET LIGHTING EASEMENT AGREEMENT — PAGE 2 of 7 m juvenileljuvenile street light easement agreement.dmx in any settlement negotiations, (ii) incurred in preparing for, prosecuting or defending any suit, action, or other proceeding, and (iii) incurred in preparing for, prosecuting or defending any appeal of any suit, action, or other proceeding. For the purpose of this section, "attorney fees" shall mean and include (i) attorney fees and (ii) paralegal fees. This section shall survive and remain enforceable notwithstanding any rescission of this Easement Agreement or a determination by a court of competent jurisdiction that all or any portion of the remainder of this Easement Agreement is void, illegal, or against public policy. 3.2 Governing Law, Jurisdiction, and Venue. This Easement Agreement shall be construed and interpreted in accordance with the laws of the State of Idaho. The parties agree that the courts of Idaho shall have exclusive jurisdiction and agree that Ada County is the proper venue. 3.3 Time of the Essence. Time is of the essence with respect to the obligations to be performed under this Easement Agreement. 3.4 Rights Cumulative. Except as expressly provided in this Easement Agreement, and to the extent permitted by law, any remedies described in this Easement Agreement are cumulative and not alternative to any other remedies available at law or in equity. 3.5 Nonwaiv°er of Remedies. The failure or neglect of a party to enforce any remedy available by reason of the failure of the other party to observe or perform a term or condition set forth in this Easement Agreement shall not constitute a waiver of such term or condition. A waiver by a party (i) shall not affect any term or condition other than the one specified in such waiver, and (ii) shall waive a specified term or condition only for the time and in a manner specifically stated in the waiver. 3.6 Successors and Assigns. Subject to any express provisions in this Easement Agreement regarding restrictions on transfers or assignments, this Easement Agreement shall be binding upon and inure to the benefit of the parties and their respective successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. 3.7 Entire Agreement. All Schedules and Exhibits to this Easement Agreement constitute a part of this Easement Agreement. This Easement Agreement, together with the accompanying Schedules and Exhibits, constitutes the entire agreement among the parties and supersedes all prior memoranda, correspondence, conversations and negotiations. 111 INTENTIONALLY LEFT BLANK 111 STREET LIGHTING EASEMENT AGREEMENT — PAGE 3 of 7 nAjuveniieljuvenile street light easement agreement.doex 4. Signatures. GRANTOR: BOARD OF ADA COUNTY COMMISSIONERS By: Wibbs, Co 'ssioner By. (A�� ni aguirre, o issioner By: av'i . Case, Commissioner ATTEST: 65'sto—pli—er D. da C unty Clerk STATE OF IDAHO ) } ss. County of Ada ) On this 6M day of C / , 2016, before me a notary public, personally appeared Jim Tibbs, Dick Yzaguirre, and Da d L. Case and known or identified to me, to be the County Commissioners of Ada County, that executed the said instrument, and acknowledged to me that Ada County executed the same. rotary Public for Idaho Residing A24dom Commission Expires -a I STREET LIGHTING EASEMENT AGREEMENT — PAGE 4 of 7 u:ljuvenileljuvenile street light easement agreemmt.docx GRANTEE: CITY OF 1IrIERIDIAN Dated: Tammy rd, Mayor a C rft of F 1T�I j�I c+�r■� irbxre r� SEAc. F � Af ATTEST: C7� 64�2±ce Nplines; City Clerk Hol Approved by the Meridian City Council on D3 , 2016. STATE OF IDAHO ) ss. County of Ada ) On this D3 day of 2016, before me a notary public, personally appeared Tammy de Weerd and Jaycee L. Hohnes, known or identified to me to be the Mayor and City Clerk of the City of Meridian r491bivel , and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC FOR Residing at Ekkill 14 My Commission Expires STREET LIGHTING EASEMENT AGREEMENT — PAGE 5 of 7 nAiuvenileljuvenile street light easement ap=menuloax EXHIBIT A LEGAL DESCRIPTION OF EASEMENT (I page — attached) STREET LIGHTING EASEMENT AGREEMENT — EXHIBIT A uAjuveaileljuveuile street light easement agteemeot.dvcx Leg 1 escri tion Ada County Juvenile Detention Center - Street Light Easement Exhibit A. An easement being Located in Lot 9 of Taylor Subdivision as shown in Book 11 of Plats on Page 637, records of Ada County, Idaho, situated in the SE % of the SE % of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at an Aluminum Cap monument marking the southeast comer of the SE 1/4 of said Section 12, from which a Brass Cap monument marking the southwest comer of said SE % bears N 89'33'20'W a distance of 2657.39 feet; Thence N 89°33'20" W along the southerly boundary of said SE % a distance of 423.83 feet to a point; Thence leaving said southerly boundary N 0'44'37" E a distance of 52.00 feet to a point on the northerly right-of-way of W. Franklin Road; Thence N 8933'20° W along said northerly right -0f -way of W. Franklin Road and the extension thereof a distance of 55.11 feet to the POINT OF BEGINNING; Thence continuing N 89033'20" W a distance of 5.00 feet to a point; Thence leaving said northerly right-of-way N 026'40" E a distance of 6.80 feet to a point; Thence S 89024'20 E a distance of 5.04 feet to a point; Thence S 0°26'40" W a distance of 6.79 feet to the POINT OF BEGINNING. This parcel contains 34 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS !sand Solutions, PC December 4, 2015 NL LAN0 0 11118 X r,rr� o ,a 0NP Lan blutions .Ada Co. Juvenile Det Center r.uw Sur�Hnp [anwmnp Job No. 15-25 EXHIBIT A EXHIBIT B SURVEY MAP (1 page - attached) STREET LIGHTING EASEMENT AGREEMENT — EXHIBIT B nAjuve"elju+vende sheet light easement agreement.4m a IIaIHxa C Loo LU zI 1'm V � z m o m z WLLI� C) W W LLI V) W W > �-- LLJ LLI [0 02 V "c c,[+rxcse7 Ca.czsrsv+w1 ,99'L,9L 3�17£.£i.�Ni 311E NEL r- U cr 'ON NVIOW31M 'N AwF61 n 0 _v 100'051 M.M".®S C 3.a. t 01 N �- z , - LoJ. W W Iq A r� M 4 M tLlfl Q ry in zy i n cr W Z p 4, „ z ti -8 00'Zz 3.L£,14.0 N n y Cl 3.a. t 01 N �- z , - LoJ. W W Iq A r� M 4 M tLlfl Q ry ri M co cr W Z p 4, „ z ti -8 00'Zz 3.L£,14.0 N n Cl Q�yE OR N 3u7 3.a. t 01 N �- z , - 3: —,DO'LL a W Iq r� M tLlfl Q ry ri M co cr a 4, z ti ZI 00'Zz 3.L£,14.0 N n Cl Q�yE OR N 3u7 O/ y Wpq la. .o M. L-.i,*.OS —,DO'LL a Iq r� M %0 V Q ry M ,0£ a r r �