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Encroachment Easement Agreement with Rosario Place Limited Partnership for Well 16 .-- --- 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. ....... .~.~QN...s.... ..~~OT~~:... (SEAL) :,' '~~~ . : : : . I I . . \, . ~~\ A_.Jo.. /: -~\i;.:."~-:..4iR.. Encroachment E~se~~.!'lP. ~h CUt (v-l1tLZ~) 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. (~J"''fr''r" ...~ ~i "C1'1S/[l";""", <1" i> .......'" 0 '". ~~...... -:. "u \ , , -l.01 A.R)" .. :I T ~*:: :I ......::: :'/ir C.:: '\ pun\.\ I" i '" ~.."V.. "'. if' .... ".... .: 'IJ~.. ./t.J ~..'~filt. ~ \~ ..~ "fl"~ 1B'F \\1 ..<f> "I' . l -- ", '....."'~(i;;' i..:;jl!.\ri.... NOTARY PUBLIC FOR IDAHO Residing at: l'i!Pri~ :Tu Commission Expires: t. - ! - ;;).D:.>1 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 - "I EXHmIT C FOOTING DETAIL . co .1 .- tOO' -0- PlATE 121 (3) IS CONT. TOP & BOT. l' ~. . . ": . .... ..4~.. :"44." ....,..: ~ ...J Q. EQUAl ~ EQUAl 3......0. .20 EXTERIOR . FOOTING DETAIL SCALE: 3