Joseph B and Carolyn R. Chandler Trust 3/20/20 No Build Easement and Agreement (2021-126682) ADA COUNTY RECORDER Phil McGrane 2021-126682
BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 08/26/2021 09:28 AM
CITY OF MERIDIAN, IDAHO NO FEE
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Meridian
33 E.Broadway Avenue
Meridian, ID 83642
NO BUILD EASEMENT AND AGREEMENT
This NO BUILD EASEMENT AND AGREEMENT ("Agreement") is made this 24th
day of August , 2021 ("Effective Date"), by and between the City of Meridian, a
municipal corporation organized under the laws of the State of Idaho ("City"), and the Joseph B.
& Carolyn R. Chandler Trust 3/20/20, a trust organized under the laws of the State of Idaho
("Owner") (collectively, "Parties").
WHEREAS, Owner is constructing a building on 650 W. Franklin Road, in Meridian
Idaho, Ada County parcel no. S1212438485, legally described as PAR#8485 OF SW4SE4 SEC
12 3N I W (`Benefited Property"), which real property is owned by Owner;
WHEREAS, Owner also owns the adjacent real property, to the north of the Benefited
Property, at 658 W. Franklin Road, in Meridian Idaho, Ada County parcel no. S 121243 8486,
legally described as PAR#8486 OF SW4SE4 SEC 12 3N 1 W ("Burdened Property");
WHEREAS,the north wall of the building under construction on Benefited Property
(`Building") is 2.15 feet from the northern boundary of the Benefited Property, and such wall is
an exterior wall designed and constructed with combustible projections and openings;
WHEREAS, by ordinance codified at Meridian City Code section 10-1-I(A), City has
adopted the 2018 International Building Code ("IBC"), as amended;
WHEREAS, IBC section 705, requires, inter alia, that an exterior wall designed and
constructed with combustible projections and openings must either meet the fire resistance
rating, area, protection, and vertical separation specifications of IBC section 705, or be at least
20 feet from the northern boundary of the Benefited Property;
WHEREAS, for the purpose of facilitating the continued and complete construction of
the Building in compliance with the IBC, and rather than requiring Owner to bring the north wall
of the Building into compliance with the fire resistance rating, area, protection, and vertical
separation specifications of IBC section 705, City is willing to allow Owner to burden the
Burdened Property with a no build easement, 20 feet wide, on the south boundary of the
Burdened Property, which easement will be recorded against the Burdened Property;
NOW THEREFORE, in exchange for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. Easement conveyed. Owner, on behalf of itself, and its successors and assigns, hereby
grants to City a perpetual no build easement on the Burdened Property, to be comprised
No BUILD EASEMENT AND AGREEMENT PAGE 1
of the south twenty feet(20')of the Burdened Property, along the entire south property
line, as described particularly in the legal description attached hereto as Exhibit A (the
"No Build Easement").
II. No building in easement. Neither Owner nor Owner's heirs, successors or assigns shall
construct or place, or allow to be constructed or placed, or allow to exist any structure,
shed, garage sign, or building, or any eaves or other projections thereon,or any portion
thereof, in the south twenty feet(20') of the Burdened Property, along the entire south
property line,as described particularly in the legal description attached hereto as Exhibit
A.
III. Purpose of easement. The purpose of the No Build Easement is to allow Owner to
complete construction of the Building on the Benefited Property, which Building, due to
its proximity to the property line between the Benefited Property and the Burdened
Property, would not comply with the fire resistance rating, area,protection, and vertical
separation specifications of IBC section 705,but for the fire separation distance afforded
by the No Build Easement. In exchange for the promises under this Agreement, Owner
acknowledges that this Agreement is executed as an alternate method of complying with
IBC section 705 with regard to the north exterior wall of the Building.
IV. Use of easement area. Nothing contained in this No Build Easement shall be interpreted
or construed:
A. To prevent Owner and Owner's successors and assigns from using, operating, or
maintaining the No Build Easement for the purpose of driving motor vehicles
thereupon;
B. To require either party to maintain or repair the No Build Easement; or
C. To allow the City to enter or access the Burdened property at any time or for any
purpose.
V. Building on Benefited Property. City agrees to allow Owner to build the Building on
the Benefited Property with a north exterior wall that would not comply with the fire
resistance rating, area, protection, and vertical separation specifications of IBC section
705 but for the fire separation distance afforded by the No Build Easement, so long as
this No Build Easement remains in place and so long as no structure, shed, garage, sign,
building, eave, or projection, or any portion thereof(each,"Encroachment"),is ever
placed on or in the No Build Easement. Owner agrees that if this No Build Easement is
terminated; or if the No Build Easement area is encroached upon by any Encroachment;
City will require Owner to bring the Building on the Benefited Property into compliance
with IBC section 705, and/or with any and all applicable building codes. Owner agrees
that if the building code in effect at the time of such termination or encroachment so
requires, Owner will make any changes necessary to correct any and all conditions that
are in violation of any applicable building code or restriction.
VI. Term. This No Build Easement and Agreement shall be effective as of the Effective
Date written above, and shall continue in perpetuity. All terms and provisions herein are
intended to and shall be covenants running with the land and/or equitable servitudes for
No BUILD EASEMENT AND AGREEMENT PAGE 2
the benefit of the City as an alternate method of complying with IBC section 705, and to
burden the Burdened Property, and shall be binding on the Owner and the Owner's
respective heirs, executors, administrators, successors, and assigns and all current and
future owners of the Benefited Property,the Burdened Property, and all persons claiming
title, possession, or ownership of or to such properties. The Parties shall terminate this
Agreement and extinguish the No Build Easement only if the Building is demolished or
the north exterior wall of Building is altered to comply with the IBC,including, without
limitation,IBC section 705 or like section then in effect.
VII. No modification without City approval. Owner, and any subsequent owners and
assigns, may not modify, withdraw from, terminate, or dissolve this Agreement without
the written approval of City.
VIM Indemnification. Owner, and Owner's respective successors and assigns, shall
indemnify, defend, and hold harmless City, and City's officers, agents, officials, and
employees, against any and all claims, demands, actions, and suits,including attorneys'
fees and costs, arising out of or resulting from the terms of this Agreement.
IX. Binding upon successors. This Agreement shall be binding upon any and all owners of
Benefited Property, any and all subsequent owners thereof, any and all owners of
Burdened Property, any and all subsequent owners thereof, and each and every other
person acquiring an interest in Benefited Property or Burdened Property. Nothing herein
shall, or shall be construed to, in any way prevent the sale or alienation of Benefited
Property or Burdened Property, or any portion thereof, except that any sale or alienation
shall occur subject to the No Build Easement and the provisions of this Agreement, and
any successive owner or owners shall be both benefited and bound by the conditions and
restrictions herein expressed.
X. Severability. Each provision of this Agreement shall be independent and severable.The
invalidity or partial invalidity of any provision thereof shall not affect any of the
remaining portions of that or any other provision of this Agreement.
XL Subsequent amendment. Except as otherwise specifically provided herein, no
subsequent alteration, amendment, change, or addition to this Agreement shall be binding
upon the Parties unless set forth in writing and duly executed by both Parties or their
successors in interest.
XII. Non-waiver. Failure of either Party to promptly enforce the strict performance of any
term of this Agreement shall not constitute a waiver or relinquishment of any Party's
right to thereafter enforce such term, and any right or remedy hereunder may be asserted
at any time after either party becomes entitled to the benefit thereof, notwithstanding
delay in enforcement. All rights and remedies herein enumerated shall be cumulative and
none shall exclude any other right or remedy allowed by law. Likewise,the exercise of
any remedy provided for herein or allowed by law shall not be to the exclusion of any
other remedy.
No BUILD EASEMENT AND AGREEMENT PAGE 3
X111. Compliance with laws. Throughout the course of this Agreement, the Parties shall
comply with all applicable laws, ordinances,and codes of Federal, State, and local
governments. This Agreement shall be governed by and construed and enforced in
accordance with the laws of the State of Idaho, and the ordinances of the City of
Meridian. The City's ordinances appertaining to the regulation, control, and use of its
sewer and water systems, and any prospective amendments to and/or recodifications,
thereof, are specifically and without limitation incorporated into this Agreement as if set
forth fully herein.
XIV. Warranty of authority. The undersigned expressly warrants that, to the extent set forth
herein,he is duly authorized to act as the representative and agent of the Joseph B. &
Carolyn R. Chandler Trust 3/20/20 and each and every trustee and beneficiary thereof.
The undersigned further warrants that he is authorized to bind the Joseph B. &Carolyn
R. Chandler Trust 3/20/20 and its members to the obligations set forth herein, and to
accept the liabilities as established herein on behalf of the Joseph B. &Carolyn R.
Chandler Trust 3/20/20 and its trustees and beneficiaries.
XV. Advice of attorney. Each party warrants and represents that in executing this
Agreement, it has received independent legal advice from its attorney or the opportunity
to seek such advice.
XVI. City Council approval required. The validity of this Agreement shall be expressly
conditioned upon City Council action approving this Agreement. Execution of this
Agreement by the persons referenced below prior to such ratification or approval shall
Z)
not be construed as proof of validity in the absence of Meridian City Council approval.
JOSEPH B. & CAROLYN R. CHANDLER TRUST 3/20/20:
STATE OF IDAHO
) ss:
County of Pr<)V'1-
Jib ph B. Chandler, Trustee This record was acknowledged before me on this 12— day
of rr 2021,by JOSEPH B.CHANDLER,as
Trustee of the Joseph B.&Carolyn R.Chandler Trust 3/20/20.
Notary Public for
Residing at oho I Idaho
My Commission Expires: 71 -2--o
ILENE WALLACE 0
38521
NOTARY PUBLIC
STATE OF IDAHO
No BUILD EASEMENT AND AGREEMENT PAGE 4
CITY OF MERIDIAN:
Attest: .
R b rt . Simis ,Maor 8-24-2021 Chris Johns ,City Cie 24-2021
STATE OF IDAHO )
)ss:
County of Ada )
I HEREBY CERTIFY that on this 24th day of
August , 2021 before the undersigned, personally
appeared ROBERT E. SMSON and CHRIS JOHNSON,
known or identified to me to be the Mayor and City Clerk,
respectively, of the City of Meridian, who executed the
instrument on behalf of the City of Meridian, and
acknowledged to me that the City of Meridian executed the
same.
IN WITNESS WHEREOF,I have hereunto set my hand and
w affixed my official seal the day and year in this certificate first
CHARLENE WAS' above writt n.
COMMISSION#67390
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 3128122 Notary Public for Idaho
-- — Residing at Meridian ,Idaho
My Commission Expires: 3-28-2022
No BUR D EASEMENT AND AGREEMENT PAGE 5
Item#12. -
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Job No. 2021-169
7-29-21
BOUNDARY DESCRIPTION
FOR
JOSEPH CHANDLER
20' Non-Buildable Easement
Part of the Southwest-V4 of the Southeast �/4 of Section 12,Township 3 North,Range 1 West of
the Boise Meridian, City of Meridian, Ada County, Idaho described as follows:
Commencing at the Southwest corner of the Southeast V4 of Section 12,Township 3 North,
Range 1 West of the Boise Meridian, City of Meridian,Ada County, Idaho and running thence
N90000'00"E 407.20 feet along the South line of the Southeast V4 of the said Section;thence
N00006'00"E 181.70 feet to a found 5/8",.rebar marking the Point of Beginning;thence
N00006'00"E 20.00 feet;thence N90100'017t'E 145.00 feet; thence S00000'00"E 20.00 feet;
thence S90°00'00"W 145.03 feet to the Point of Beginning.
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Easement area contains 2,900 square feet or 0.07 acres,more or less.
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