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
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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.
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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
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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
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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
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GRANTEE: CITY OF 1IrIERIDIAN
Dated:
Tammy rd, Mayor
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ATTEST:
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64�2±ce Nplines; City Clerk
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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
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EXHIBIT A
LEGAL DESCRIPTION OF EASEMENT
(I page — attached)
STREET LIGHTING EASEMENT AGREEMENT — EXHIBIT A
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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
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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
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