Temporary Access Easement Agreement with Boise Waltman, LLC for Watlman Ln.
TEMPORARY ACCESS EASEMENT AGREEMENT
THIS TEMPORARY ACCESS EASEMENT AGREEMENT ("Agreement") is made and
entered into this day of ,2006 by and between BOISE W ALTMAN, LLC
(Grantor) and THE CITY OF MERIDIAN (Grantee).
WHEREAS, Grantor is the owner of certain real property and desires to establish a
temporary non-exclusive access easement for the use of emergency response vehicles until such
time as a public right-of-way is established; and,
WHEREAS, both parties desire to enter into this easement agreement to describe the
easement granted and establish the relative rights and obligations of the parties.
NOW THEREFORE, Grantor and Grantee agree as follows:
1.
GRANT OF EASEMENT. Grantor hereby grants, conveys, and provides a
temporary, non-exclusive easement across the property of Grantor for the purpose
of emergency vehicle access, located in the easement area as legally described in
Exhibit "A" attached hereto and incorporated herein by this reference. The
easement granted herein shall remain in effect until terminated pursuant to section
4 of this Agreement.
2.
USE AND PURPOSE OF EASEMENT. Except as otherwise permitted by
Grantor, the easement shall be used solely for the enhancement ofthe safety and
welfare of the general public through the construction, operation, maintenance and
repair of a temporary gravel access road for use by emergency vehicles and shall
not be open to use by the general public. The term "emergency vehicles" as used
in this access easement includes vehicles used by any law enforcement agency,
fire department, or emergency medical response unit.
3.
CONSTRUCTION AND MAINTENANCE. Grantee shall be responsible for
construction, maintenance, and repair of the temporary gravel roadway within the
easement and shall preserve and protect, to the extent possible, the underlying
lands of Grantor trom erosion, or other damage related to the use of the easement.
The temporary road shall be maintained in a neat and aesthetically pleasing
condition and in conformance with all local, state and federal laws and all
liabilities, costs and expenses related to the construction, maintenance and repair
and use of the temporary road shall be the sole responsibility of Grantee. Upon
termination of this easement, Grantee shall leave the easement area in the
condition as maintained during the use of the easement and Grantee shall not be
Access Easement - 1 of 7
required to remove the temporary gravel road.
4.
TERMINATION: This easement shall terminate upon the occurrence of the
construction and dedication to public use of a public road connection between
Ruddy Drive and Waltman Lane. As consideration for the grant contained herein,
and subject to local, state and federal laws existing at the time, and subject to the
jurisdiction of the Ada County Highway District ("ACHD") for roadway design
and construction, the Grantee agrees to cooperate with Grantor and ACHD in
good faith so that the dimensions and location of said public road will optimize
the development potential of Grantor's property.
5.
NOTICES. Any and all notices required to be given by either ofthe parties
hereto, unless otherwise stated in this Agreement, shall be in writing and deemed
communicated when mailed in the United States mail, certified, return receipt
requested, addressed as follows:
Grantor:
Jay M. Kaplan
970 West Broadway #443
Jackson, WY 83001
wi copy to:
Robert Wiener
2730 South Mayflower Way
Boise, ill 83709
Grantee:
City Clerk
City of Meridian
33 East Idaho
Meridian, Idaho 83642
6.
ASSIGNMENT. Grantee may assign its rights hereunder to another government
entity or organization if deemed appropriate by Grantee, which assignment shall
be subject to prior approval by Grantor.
7.
GOVERNING LA W. This Agreement and any instrument executed in
accordance herewith shall be construed; and governed by and in accordance with
the laws of the State of Idaho.
8.
COST OF LITIGATION. In the event of litigation, the prevailing party will be
entitled to the award of costs and reasonable attorney fees in addition to such
other relief available at law or in equity.
9.
TERM. Each party agrees that at such time as this Agreement terminates as
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12.
Attest:
City Clerk
provided herein and upon the request of the other party, it shall join with the other
party in executing and delivering a document evidencing the termination of this
Agreement and causing such document to be filed of record in the official records
of Ada County, Idaho.
10.
AGREEMENT TO RUN WITH THE LAND. This Agreement shall run with the
land and shall be binding upon and inure to the benefit of, and be enforceable (at
law or in equity) by Grantor or Grantee or their respective successors, assigns,
heirs, personal representatives, purchasers, or transferees of any kind.
11.
ENTIRE AGREEMENT. All Exhibits attached to this Agreement constitute a part
of this Agreement. This Agreement, together with the accompanying Exhibits,
constitutes the entire agreement among the parties and supersedes all prior
memoranda, correspondence, conversations and negotiations.
INDEMNIFICATION. Grantee and Grantee's heirs, successors, assigns,
purchasers, or transferees of any kind, covenant and agree with Grantor and
Grantor's heirs, successors, assigns, purchasers, or transferees of any kind, to
indemnify, defend, and hold harmless Grantor and its heirs, successors and
assigns fÌ"om any loss, claim, lien, debts, taxes and assessments of any kind,
damages, judgments, awards or other liability of any nature (including attorney
fees and costs) that may result from Grantee's negligent acts or omissions in the
use of the temporary easement established herein or its failure to satisfy its
obligations set forth in this Agreement.
IN WIlNESS WHEREOF, the parties hereto have executed this Agreement on
the date rust set forth above.
GRANTOR
BOISE WALTMAN, LLC
G NTEE
CITY OF MERIDIAN
Tammy de Weerd, Mayor
Access Easement - 3 of7
STATEOF~
~ ss,
countyOf1<"~ . .
On this /;/ pf. day of , in the year::<Od (;; , before me, a notary
public in and for said state, personaIJy 8H eared Jay. Kaplan, known or identified to me to be
the Manager of the Limited Liability mpany that executed the said instrument, and
acknowledged to me that the Company executed the same.
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NO! ~RY ;2LJtl1;.:g, '.
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My Commission expires; ( 2-oc:> c;
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;-::">" WilLIAM K- KOBS
/:/'I:;:clb'¿ :;W':~ ~,!n1'AR,{ PUBLlC- ARIZOI-JA
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,,1.'\f~':-:~iÖcc;:H\::'~, Iv',.",I'1:(;OPA COUNTY
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(SEAL)
STATE OF IDAHO)
) ss.
County of Ada )
On this day of , in the year , before me, a notary
public in and for said state, personally appeared Tammy de Weerd and William G. Berg, Jr.
known to me to be the Mayor and City Clerk of Meridian, Idaho, who executed the within
instrument, and acknowledged to me that Meridian City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
(SEAL)
My Commission expires:
Notary Public for Idaho
Residing at: Meridian, Idaho
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EXHIBIT HA"
Owner of Record: Waltman Boise, LLC
Parcel No.: 51213428300
Temporary Easement Description
A parcel of land being a 30.00 feet wide easement centered on and lying 15,00
feet on each side of the foHawing described line, said parcellying in the NW 1/4 SE 1/4
of Section 13, Township 3 North. Range 1 West, Boise Meridian, and said parcel being a
portion of that Record of Survey No. 3490, filed as instrument number 96025999, records
of Ada County, Idaho, being more particularly described as follows:
Commencing at the Northwest comer ofthe NW 1/4 SE 1/4 (Center 1/4 comer)
of Section 13, Township 3 North, Range 1 West, Boise Meridian, as shown on said
Record of Survey drawing, thence South 89°45'58" Eas~ 300,00 feet to the point; thence
South 0°02'46" East, 16.98 feet paraUel to the west boundary afthe NW 1/4 SE 1/4 of
Section 13 to a point on the south right-of-way of West Waltman Lane, said point being
the POINT OF BEGINNING,
Thence continuing South 0°02'46" East, 536.11 feet parallel to the west boundary
of said NW 1/4 SE 1/4 to a point of curvature;
Thence along a curve to the right having a radius of 100.00 feet, a delta angle of
89'"43'13", an arc length of156.59 feet, a chord bearing South 45°05'37" West and a
chord distance of 141.08 feet to a point of tangency;
Thence North 89'"45'59" West, 200.00 feet along a line parallel to the north
boundary ofthe NW 1/4 5E 1/4 of Section 13 to a point on the west boundary of said
NW 1/4 SE 1/4, said point lying South 0°02'46" East, 653,09 feet from the Northwest
comer of the NW 1/4 SE 1/4 (Center 1/4 comer) of Seclion 13, said point also being the
POlNT OF TERMINUS.
Said described parcel contains 26,781 Square feet or 0.61 Acres more or less.
Said parcel is subject to easements of record or in use.
This description was prepared by the ACHD Survey section and is based upon that
Record of Survey No. 3490, moo as instrument nwnber 96025999 records of Ada
County. The Basis of Bearing is South 89°45'58" East along the north boundary of the
NW 114 SE 1/4 of Section 13. Township 3 North, Range 1 West, Boise Meridian as
shown on said record of Survey, . . ~:.. ':.: """'.
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EXRTRIT "A" CONTINUED
TEMPORARY EASEMENT SKETCH
fOR:
WALTMAN BOISE, LLC
LOCATED IN:
NW1/4 5E1/4 5, 13. T. 3 N., R. 1 W., 8.M.
ADA COUNTY. IDAHO
CV4 C
OF?
589" 45'58 "E
300,00'
W. WALTMAN LANE
S89'45'58~E 250.00'
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26,781 SF
(0.61 AC)
W.RUDDY DRIVE
ö=B9"43'13"
R=100.00'
L""-156.59'
CH BRG=S4S'OS'37"W
CH=141.0B'
LOT I
BU< 15
PREPARED BY:
ACHD SURVEY
12/02/05
Access Easement -6 of6