Encroachment Easement Agreement with Rosario Place Limited Partnership for Well 16
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ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 09/29/06 03:58 PM
DEPUTY Bonnie Oberbillig
RECORDED-REQUEST OF
Meridian City
AMOUNT
.00
6
1111111111111111111111111111111111111
106155840
ENCROACHMENT EASEMENT AGREEMENT
THIS INDENTURE, made this ~ day of September, 2006 between the City of Meridian, Ada
County, Idaho, the party of the first part, and hereinafter called the Grantor, and Rosario Place
Limited Partnership, 2787 West Balata Court, Meridian, Idaho 83642, Ada County, Idaho, the party
ofthe second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantee desires to construct a subterranean footing upon the premises and
property hereinafter particularly bounded and described; and
WHEREAS, it will be necessary to maintain and service said subterranean footing from time
to time by Grantee; and
WHEREAS, the Grantor desires to provide an encroachment easement to Grantee upon said
premises and property for the construction and maintenance of said subterranean footing;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and
other good and valuable consideration, the Grantor does hereby give, grant and convey unto
the Grantee an easement for the construction and maintenance of a subterranean footing
upon the following described property:
(SEE ATTACHED EXHIBIT A and B and C)
The easement hereby granted is for the purpose of the construction of said subterranean
footing, together with its maintenance, repair and replacement at the convenience of the
Grantee, with the free right of access to such facilities at any and all times, except that access
through or from Grantor's fenced and secured portion of the property shall only be upon
Grantor's prior approval. Grantor shall have the right to use and enjoy the surface of the
easement except when such use interferes with the rights and privileges conveyed herein to
grantee.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's
successors and assigns forever, unless and until said subterranean footing is removed and not
replaced or otherwise abandoned for a period of two (2) years upon which occurrence this
easement shall automatically cease and terminate and Grantee shall, if requested by the
Grantor, release the same of record.
IT IS EXPRESSL Y UNDERSTOOD AND AGREED, by and between the parties hereto,
that after making repairs or performing other maintenance, Grantee shall restore the area of
the easement and adjacent property to that existent prior to undertaking such repairs and
maintenance.
Grantee agrees to release, indemnify, defend and hold harmless grantor against any and all
claims, demands, and causes of action arising in favor of any person, corporation, or
Encroachment Easement
governmental entity, because of a personal injury or damages to property resulting from any
acts or omission of grantee, its employees, contractors, subcontractors, or agents in the
course of construction and maintenance of the subterranean footing or use of the easement
except if caused by the negligent or willful act or omission of Grantor, its successors,
assigns, agents, employees, or contractors.
THE GRANTOR does hereby covenant with the Grantee that they are lawfully seized and
possessed ofthe aforementioned and described tract ofland, and that they have a good and
lawful right to convey said easement.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR: CITY OF MERIDIAN
Approved By City Council On:
STATE OF IDAHO, )
ss.
County of Ada )
On this QS-\.h day of~n\.b.{J\ ,2006, before me, the undersigned,
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,
respectively, of the City of Meridian, Idaho, and who executed the within
instrument, 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 first above written.
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NOTARY PUBLIC FOR IDAHO
Residing at: ~I'V\)lhv~ JJ-c
Commission Expires: ) C -I v- (..}
RIO PLACE LIMITED PARTNERSHIP
STATE OF IDAHO)
ss.
County of Ada )
On this &+€-- day of .;'M~ , 2006, before me, the undersigned, a Notary
Public III and for said State, personally appeared
Se-t'r-'1' .:) ~r.... , known or identified to me to be the General Partner of the
Limited Partnership that executed the within instrument, 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 fist above written.
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NOTARY PUBLIC FOR IDAHO
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Encroachment Easement
EXHIBIT A
LEGAL DESCRIPTION
FOR
CITY OF MERIDIAN WELL LOT
A parcel located in the NE Y.t of Section 8, Township 3 North,
Range 1 East, Boise Meridian, City of Meridian, Ada County,
Idaho, more particularly described as follows:
Beginning at an aluminum cap monument marking the southeast
corner of Lot 2 of Block 3 of TREASURE VALLEY BUSINESS
CENTER-PHASE 1 as shown on the plat on file in the office of
the Recorder, Ada County, Idaho, in Book 53 of Plats at Pages
4790-4791, from which a 5/8 inch diameter iron pin marking the
centerline of North Hickory Avenue and the southerly boundary of
said TREASURE VALLEY BUSINESS CENTER-PHASE 1 bears
N 89035'15" W a distance of563.82 feet;
thence S 0024'45" W a distance of 160.00 feet to a 5/8 inch
diameter iron pin;
thence N 89035'15" W a distance of 100.00 feet to a 5/8 inch
diameter iron pin;
thence N 0'24'45" E a distance of 100.00 feet to a 5/8 inch
diameter iron pin;
thence N 89035'15" W a distance of 463.94 feet to a 5/8 inch
diameter iron pin;
thence N 0031' 12" E a distance of 60.00 feet to a 5/8 inch diameter
iron pin on the southerly boundary of said TREASURE V ALLEY
BUSINESS CENTER - PHASE I;
thence S 89035'15" E along said southerly boundary a distance of
563.82 feet to the POINT OF BEGINNING.
TEALEV.S LAND
SURVEYING
2501 Bogus Basin Ad. . Boise, Idaho 83'702
(208) 385-0636
Fax (208) 385-0696
Project. No.: 2983
Date: September 1. 2006
EXHffiIT B
LEGAL DESCRIPTION - SUBTERRANEAN ENCROACHMENT EASEMENT
A wall footing easement lying in th~ NE 1/4 of Section 8. T.3N., R.1E., 8.M.,
Meridian. Ada County, Idaho and more particularly described as follows:
BEGINNING at the Northwest comer of Lot 5 of Block 2 of Gemtone Center No.
2, a subdivision, as filed for record in the office of the Ada County Recorder, Boise,
Idaho in Book 74 of Plats at page7664; thence
North 00"24'45't East 1.33 feet to a point; thence
South 89"35'15" East 178.91 feet to a point; thence
South 00"24'45" West 80.27 feet to a point; thence
North 89"35'15" West 1.33 feet to a point on the East boundary of said Lot 5;
thence along said East boundary
North 00"24'45" East 78.94 feet to the Northeast comer of said Lot 5; thence
along the North boundary of said Lot 5
North 89"35'15" West ,177.58 feet to the POINT OF BEGINNING.
w.\1CoRE~ng.dQG'idc
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EXHmIT C
FOOTING DETAIL
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PlATE 121
(3) IS CONT.
TOP & BOT.
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EQUAl ~
EQUAl
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.20 EXTERIOR . FOOTING
DETAIL
SCALE: 3