Easement Agreement with G&H Enterprises II, LLC, and D&D Idaho Food, Inc. for Gateway Monument
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 11
BOISE IDAHO 03130/06 02:02 PM
~~~~~~E~:a~~~~~:f OF II I IIIIIIII/IIIIIIIII!IIIIII II /11111
Meridian City 106048482
WHEN RECORDED, RETURN TO:
THE CITY OF MERIDIAN
CITY CLERK
33 E. IDAHO AVENUE
MERIDIAN, ID 83642
"------,,- '--------- -,-, ,_J
EASEMENT AGREEMENT
/'
This EASEMENT AGREEMENT ("Agreement") is made this 3rt:( day of March, 2006,
between and among G & H Enterprises II, LLC ("Grantor"), D & D Idaho Food, Inc.
("Lessee"), and The City of Meridian ("Grantee").
RECIT ALS
A.
Grantor is the owner of that certain real property located at 677 South Main
Street, Meridian, Idaho, and more particularly described on attached Exhibit A
("Prop erty").
B.
Lessee is the current tenant entitled to conduct business on the Property.
c.
Grantee desires to erect a monument ("Monument") on the southern-most corner
of the Property, which location is more particularly described on attached Exhibit
B and depicted on attached Exhibit C ("Monument Parcel").
D.
Grantor has agreed to grant to Grantee a non exclusive easement to use the
Monument Parcel for the erection and maintenance of the Monument.
E.
Lessee has agreed to allow Grantee to use the Lessee's electricity and water
sources for the Monument and Monument Parcel, and to pay for the costs
associated with the use of such electricity and water.
F.
Grantor has agreed to include these provisions in any future lease on the Property.
NOW THEREFORE, in consideration ofthe above recitals which are incorporated below
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
AGREEMENT
1.
Grantor hereby grants to Grantee and its respective successors, assigns,
mortgagees, invitees, tenants, and agents a perpetual, nonexclusive easement on,
over, across, under, and through the Mo ument Parcel for the purpose of ingress,
egress, construction, operation, mainten nee, repair, and replacement of the
Monument.
EASEMENT AGREEMENT - 1
(g:\OO36\OOOI\Easement Agt-G&H-Meridian City-D&D-3-01-06-CLN.doc)
2.
Grantee shall be entitled to use the Monument Parcel upon the terms and
conditions set forth herein.
3.
Grantee agrees to be responsible, at its sole cost and expense, for the construction,
maintenance, repair and replacement of the Monument. Grantee further agrees to
be responsible for the maintenance and repair of the landscape surface and the
subsudace of the Monument Parcel, including the sprinkler and electrical
systems, as necessary to maintain the landscaped areas and sprinkler system of the
Monument Parcel. (Grantee shall not be responsible for paying the water and
electricity costs necessary to operate and maintain the Monument and Monument
Parcel.)
4.
Lessee agrees to pay for water and electricity costs necessary to operate and
maintain the Monument and Monument Parcel.
5.
Grantor, Lessee and Grantee hereby agree to comply in all respects with any and
all federal, state, and local statutes, laws, ordinances, codes, regulations, and rules
in connection with the use of the Monument Parcel and the personal property and
equipment in use on the Monument Parcel.
6.
Grantee agrees to protect, defend, indemnify, and hold the Grantor, Lessee, and
any future lessees, harmless from and against any and all liability, suits, losses>
damages, claims, actions, costs, and expenses of any nature including court costs
and attorney fees arising from or out of any negligent acts or omissions of Grantee
related to or in connection with the installation and inspection, maintenance, and
repair of the Monument and the exercise of any rights or performance of any
obligations by Grantee hereunder.
7.
All provisions of this Agreement including the benefits and burdens run with the
land and are binding upon and inure to the benefit, obligation, and use of the
successors and assigns of the parties hereto.
8.
Grantor shall cause any lessee, tenant, operator, user, or the like, of the Property,
to be bound by the terms ofthis Agreement, by causing said entity to execute a
Monument Utility Agreement in the form attached hereto as Exhibit D.
9.
In the event of any lawsuit or proceeding by any party hereto against the other
party hereto arising out of this Agreement or in connection with the enforcement
of any right herein granted, the nonprevailing party in such lawsuit or proceeding
shall pay to the prevailing party such sum or sums as the Court shall adjudge
reasonable for attorney fees and costs including such fees and costs on appeal.
10.
This Agreement shall be recorded at the Ada County Recorder's Office.
EASEMENT AGREEMENT - 2
(g:\OO36\OOOl 'Easement Agt-G&H-Meridian City-D&D-3-01-06-CLN.doe)
II.
Grantor and Grantee each agree to take from time to time such actions and to
execute such additional instruments as may be reasonably necessary or convenient
to implement and carry out the intent and purposes of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first written above.
THE CITY OF MERIDIAN
ATTEST:
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By:
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Its: Manager
D & D IDAHO FOOD, me.
By:
an Wagstaff
Its: President
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EASEMENT AGREEMENT - 3
(g:\OO36\OOOJ lEosementAgt-O&H-Meridi8l1 City-D&D-3-0J -O6-CLN.doc)
STATE OF IDAHO)
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County of Ada )
On this ~ day of m~ , 2006, before me a notary public,
personally appeared TAMMY de WEERD, and WILL BERG, known or identified to me to be
the Mayor and City Clerk, respectively, of the City of Meridian, the entity that executed the
within instrument and known to me to be the persons who executed the within instrument on
behalf of said entity and acknowledg~d to me that such entity executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in thi~ _i.ie fIrst above written.
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STATE OF o~~i.~..
County of(!u y A toy )
On this3~ay of March, 2006, before me, the undersigned, a Notary Public in and for
said State, personally appeared Jonathan Gibbs, known or identified to me to be the Manager of
G & H ENTERPRISES II, LLC, the corporation that executed the within instrument, and known
to me to be the person who executed the within instrument on behalf of said corporation and
acknowledged to me that such corporation executed the same.
Notary Publi~for Idaho
Residing at: ill r1 . l to \, lD
Commission Expires: U'r-~ I-II
Notary Public f~
Residing at: L<./~ {
My commission expires: ...5- r) 7 -rJ Y
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EASEMENT AGREEMENT - 4
(g:\0036\0001 'Easement Agt-G&H-Meridian City-D&D-3-01-06-CLN.doc)
STATE OF IDAHO)
) ss
County of Ada )
On this .fL. day of March, 2006, before me, the undersigned, a Notary Public in and for
said State, personally appeared Denman Wagstaff, known or identified to me to be the Manager
ofD & D IDAHO FOOD, INC., the corporation that executed the within instrument, and known
to me to be the person who executed the within instrument on behalf of said corporation and
acknowledged to me that such corporation 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.
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EASEMENT AGREEMENT - 5
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Notary Public fì Idaho
Residing at: I (1¿::.hn
My commission expires: 6'-/3 -10
EXHIBIT A
A tract of land situated in Government Lot #2, Section
18, Township 3 North, Range 1 East, Boise Meridian, Ada
County, Idaho, more particularly described as follows:
Commencing at a brass cap monumenting the Northwest corner
of said Section 18, thence S 0'49/10" W along the section
line a distance of 2654.47 feet to a brass cap monurnenting
the West ~ corner of said Section 15, thence N 07"14125" E a
distance of 223.46 feet to a steel pin, said pin being the
REAL POINT OF BEGINNING.
Thence N 0'4910511 E a distance of 357.70 feet to a point,
thence S 60"53'2811 E a distance of 266.61 feet to a point,
thence S 29'03'2111 W a distance of 4,00 feet to a highway
right-or-way monument (State Highway 69), thence S 31'02'34"
W a distance of 183.50 feet to' a highway right-of-way
monument, thence S 30'21'00" W a distance of 130,58 ,.feet to
a highway right-of-way monument, thence N 58"57'26" W a
distance of 88.11 feet to a REAL POINT OF 'BEGINNING.
The above-described tract of land contains 1,29 acres more
or less, and is subject to all existing easements and
rights-of~way.
EXHIBIT B
EASEMENT DESCRIPTION
FOR
MERIDIAN DEVELOPMENT CORPORATION
KFC PARCEL
An easement for sign purposes located in Government Lot 2 of Section 18, Township 3
North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly desclibed as
follows:
Commencing at a brass cap monument marking the southwesterly comer of said
Govcl1m:1cnt Lot 2, tì-om which a 5/8 inch diameter iron pin marking the northwesterly
comer of said Government Lot 2 bears N 0°48'48" E a distance of 1389.38 feet;
Thence N 31 °24 '09" E a distance of 203.65 feet to a point on the northeasterly right-of-
way of East Central Drive;
Thence N 58°57'43" W along said northeasterly right-of-way a distance of 15.48 feet to
the POINT OF BEGINNING;
Thence continuing N 58°57'43" W a distance of 15.97 feet to a point;
Thence leaving said northeasterly right-of-way a distance of24.13 feet along the arc of a
8.00 foot radius curve right, said curve having a central angle of 172°50'00" and a long
chord beating S 58°57'43" E a distance of 15.97 feet to the POINT OF BEGINNING.
This parcel contains 93 square feet (0.002 acres) and is subject to any other easements
existing or in use.
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated
March 7,2006
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EXHIBIT C
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ORIENT FRONT OF SICI\I
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EXHIBIT D
MONUMENT UTILITY AGREEMENT
This Monument Utility Agreement is entered into this - day of
20_, between ("Lessee") and The City of Meridian, ("Grantee").
2.
RECITALS
A.
Grantee is the beneficiary of that certain Easement granted by G & H Enterprises,
II, LLc ("Grantor"), to that certain Easement Agreement dated
2006 ("Easement Agreement").
B.
The Easement Agreement is recorded in the official records of the Ada County
Recorder's Office as Instrument No.
c.
Grantor is the owner ofthat certain property located at 677 South Main Street,
Meridian, Idaho ("Property"), and more particularly described in the Easement
Agreement.
D.
Lessee desires to lease the Property fi-om Grantor.
E.
Grantor is precluded fi-om leasing the Property to Lessee unless Lessee agrees to
be bound by the terms of the Easement Agreement as they apply to the "Lessee"
as defined therein.
NOW, THEREFORE, for consideration the parties agree as follows:
AGREEMENT
1.
Lessee agrees to be bound by, and act in accordance with, the terms and
conditions of the Easement Agreement as they apply to the "Lessee" as defined
therein. In particular, Lessee agrees to pay for all water and electricity costs
necessary to operate and maintain the "Monument" and "Monument Parcel" as
those terms are used in the Easement Agreement.
Grantee agrees to provide Lessee with the same rights and protections as provided
by Grantee to the "Lessee" in the Easement Agreement.
MONUMENT UTILITY AGREEMENT - EXHIBIT D - 1
(g;\O036\OOOllExhibit D.Easoment Agtdoc)
LESSEE:
By
Its:
GRANTEE:
THE CITY OF MERIDIAN
By
Tammy de Weerd
Its:' Mayor
ATTEST:
Will Berg, City Clerk
MONUMENT UTILITY AGREEMENT - EXHIBIT D - 2
(g:\QO36\OOOllExhibit D.Easement Agtdoc)
STATE OF IDAHO)
) ss
County of Ada )
On this - day of ,2006, before me, the undersigned, a Notary Public
in and for said State, personally appeared , known or identified to me to be
the of , the corporation that
executed the within instrument, and known to me to be the person who executed the within
instrument on behalf of said corporation and acknowledged to me that such corporation 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 Idaho
Residing at:
My commission expires:
STATE OF IDAHO)
) ss.
County of Ada )
On this day of , 2006, before me a notary public,
personally appeared TAMMY de WEERD, and WILL BERG, known or identified to me to be
the Mayor and City Clerk, respectively, of the City of Meridian, the entity that executed the
within instrument and known to me to be the persons who executed the within instrument on
behalf of said entity and acknowledged to me that such entity 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 Idaho
Residing at:
Commission Expires:
MONUMENT UTILITY AGREEMENT - EXHIBIT D - 3
(g;\OO36\OOOl\Exhibit D-Easement A~tdoc)