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Access Easement Agreement with Rosario Place Limited Partnership for Rosario Place RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 02101/07 01 :43 PM DEPUTY Neava Haney RECORDED-REQUEST OF Meridian City AMOUNT .00 6 III 1111111111111111111111111111111111 107015562 .--/ (Space Above For Recorder's Use) ACCESS EASEMENT This Access Easement is made effective this~ day of ~~, ZOO?, by and between the City of Meridian ("Grantor"), and Rosario Place mited P nership. ("Grantee"). The Grantor and Grantee may be collectively referred to as the parties. RECITALS: WHEREAS, Grantor is the owner of that certain property located at 1100 N. Hickory Avenue, Meridian, Idaho, Parcel #S 1108131213 ("Grantor's Property"); WHEREAS, Grantee is the owner of that certain property located at 1097 N. Rosario Street, Meridian, Idaho, Parcel #R3073780500 ("Grantee's Property"); WHEREAS, Grantor desires to grant and Grantee desires to receive an easement for ingress and egress across a portion of the Grantor's property as described in Exhibit A and depicted on Exhibit B under the terms and conditions outlined hereafter. AGREEMENT: NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Grant. Grantor hereby grants a non-exclusive perpetual access easement over, on, across, and through the Grantor's Property for ingress and egress in the location legally described in Exhibit A and generally as depicted on Exhibit B ("Easement"). 2. Purpose of Easement. The Easement shall be used for vehicle and equipment ingress and egress to Grantee's storage yard by Grantee and its respective employees, representatives, and agents. No parking of any vehicles shall be permitted on the Easement. 3. Binding on Successors. This Easement and the vacation of any previously existing easements shall be recorded in the official records of Ada County, Idaho, and shall be ACCESS EASEMENT Page 1 of 4 binding on the heirs, successors, administrators, executors and assigns of all parties hereto and shall run with the land. 4. Counterparts. This Easement may be executed in counterparts, each part being considered an original document, all parts being but one document. S. Indemnification. Each party agrees to indemnify, defend and hold the other party, and their successors, assigns, and agents harmless from any and all claims, liability, losses, costs, charges, or expense that arise from their respective use or use by their respective customers, agents, invitees, or representatives of the Easement. 6. Remedies. In the event of a breach hereunder by any party, the non-breaching party shall have all remedies available at law or in equity, including the availability of injunctive relief. In any suit, action or appeal therefrom to enforce or interpret this Easement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees and disbursements. 7. Easement Obstructions. No fence or other barrier shall be erected or permitted within or across the Easement which would prevent or obstruct the passage of pedestrian or vehicular travel; provided, however, that the foregoing shall not prohibit (i) the temporary erection of barricades which are reasonably necessary for security and/or safety purposes in connection with the construction, reconstruction, repair and maintenance of improvements, including the Easement, on the Grantor's Property, it being agreed by the parties however, that all such work shall be conducted in the most expeditious manner reasonably possible to minimize the interference with the use of the Easement by Grantor, and such work shall be diligently prosecuted to completion, or (ii) the construction of limited curbing or other forms of traffic controls along the outer perimeter of the Easement. Grantor reserves the right to close off the Easement for such reasonable period of time as may be legally necessary to prevent the acquisition of prescriptive rights by anyone; provided, however, that prior to taking such action, Grantor shall give written notice to Grantee of its intention to do so, and to the extent reasonably possible,' the parties shall coordinate such closing so that the interruption in the use and enjoyment of the Easement is kept to a minimum. 8. Notices. All notices, demands and requests required or desired to be given under this Agreement must be in writing and shall be deemed to have been given as of the date such writing is (i) delivered to the party intended, (ii) delivered to the then current address of the party intended, or (iii) rejected at the then current address of the party intended, provided such writing was sent prepaid. The initial address of the signatories hereto is: Grantee: Rosario Place Limited Partnership 1097 N. Rosario Street Meridian, Idaho 83642 Grantor: City of Meridian 33 E. Idaho Avenue Meridian, ill 83642 ACCESS EASEMENT Page 2 of 4 Upon at least ten (10) days' prior written notice, each party shall have the right to change its address to any other address within the United States of America. 9. Dedications. Grantor excepts and reserves unto itself, its successors and assigns, the right to dedicate the Easement as a public street or drive at any time at its sole election. Upon any such dedication all private rights of Grantee therein shall automatically terminate and expire. Until and unless an express dedication is made of the Easement, no use hereunder shall be deemed to constitute the Easement as a public way or a quasi-public way, but to the contrary the Easement shall constitute and remain a private way and drive. No dedication shall, however, be made of the Easement unless: A. Such Easement is accepted by the public entity for maintenance as a public street or drive; and B. The dedication does not preclude or prevent the continued use by Grantee of the entrance to and exit from the Easement then being used incident to the Grantee's Property. IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day and year first written above. GRANTOR: Attest: William G. Berg, Jr., Ci By: Approved By City Council: GRANTEE: By Its ACCESS EASEMENT Page 3 of 4 STATE OF IDAHO ) ) ss. County of Ada ) . r .}(~. ~ On this ~, day of . O.ft , in the year 2007, before me, a Notary Public in and for the State of Idaho, personally AMMY 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. ....... .... g,N,a ... l~OT4,t~.~ . , ' . . , ' . . I : . . \ ' . . . ' . ..~..~':~.. ~Z-. or to.F" STATE OF IDAHO ) ...... ) ss. County of Ada ) On this I '1 t~ day of-:Sa.Y>>..AY'0' in the year 2007, before me, a Notary Public in and for the State of Idaho, personally appeared -:S<..,,"~ <?. F )-a.......'(. _, known or identified to me to beGi!.T\€TQ \ i=b,Y-\."V\Q.:v-. of Rosario Place Limited Partnership, an Idaho corporation, that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. JhtiAfV}~~ Notary Public for the St~te of Id~9 Residing at: 'J1"L-{-1 h?1. ,) d My commission expires: I {' "- / S- - { l IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~2i~" Notary Public for the State of Idaho Residing at: \f""\' 0, A \~ \. On., I ""Ld. My commission expires: I- - S --;2.<3 I 2. DEBBIE GORSKI NOTARY PUBLIC STATE OF IDAHO ~ ~ .......-...,...... -...- ACCESS EASEMENT Page 4 of 4 Sep. 1. 2006 5:33PM Tealey's Landsurveying No. 1587 P. 2 TEALEY'S LAND SURVEYING 2501 Bogus Basin Rd. · Boise, idaho 83702 (208) 385-0636 Fax (208) 385-0696 EXHIBIT A Project. No.: 2983 Date: September 1, 2006 DESCRIPTION FOR PETRA, INC. - ACCESS EASEMENT An access easement lying in the NE 1/4 of Section 8, T.3N., R.1 E., 8.M., Meridian, Ada county, Idaho and more partiaiJlarly described as follows: BEGINNING at the Northeast 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 along the North boundary of said Lot 5 and the North boutmfary of Lot 6 of Block 2 of Gemtone Center No.2. North 89035'15" West 434.62 feet to a point on the East right-af-way line of North Hickory Avenue marking. the Northwest comer of said lot 6; thence along said East right-of-way line ----- .. Nortn .OO"lij'f'411;;-Eas(nCtJO-feet. to a- poinf;lhence ------- South 89035'15" East 374. 73 f~t to a point; thence North 45"24'45" East 28.28 teet to a point; thence South 89035'15" East 40.00 feet to a point; thence South 00"24'45" West 36.00 feet to the .POINT OF BEGINNING. W:\X-f'tE~a~.docyjdc ! e k ~ ---"------------~..---------------"-----___~m_______.__i N, IfO;DRY Ayt;:HIJi: ! --------~-~---~~------~-~-~~~-~ i i I : i~ I 1\ i. i I: i i ! ~ ] ! I ~ : i I -I i ~': ; I ' : i r , ! I I ; i] i I j H j Ii" i I.. I I j ~ i I' t _ 1:11; I 1 ~~ ~. '; _,I I : ..~ liK~ ~ r i i' ~~ ji i ~-cc~-----Lc-co~--L-~----rVl .1 r ! t-l" I ~J~U j ,I r '~) j I i I i ~ I i i I I _4.....--c:::=J:~~__---' EXHIBIT B .,-: ; *. ~ ----~-...-.""""""_____~_~~~__r_ I i i I I i ; I -.r------------ R . ~-~-~~-M.~5r:mr - -- a~IH"D_ c.Jo.I,.... 1"1;/. 1 1,6l" .Llnn: I "'.,..... t:~~r:. HW .;..:.;.;" m,~! EASD.lEN1' EXlll1IT FOR PETRA INC. TEALEY'S LAND SURVEYING [m ~1Il~__,,~ ~_I_~<I."I ""'... DoI.T!! ~eTI'IO..: l!iEP~~ 2"~ ,- _ JC' .. ~ ~ ~=~ f:~S r,~ 5~~ i~ z'" "':;'~ 1;l"'~ o~.P S;:_tD .z~2 (;~ >( ):>-:;:.10,]0 ~i5~ ~;~ ---<'" ~~n I. !;' O~;a , z ",9 F.~ I::rj ;I>- [fJ tIj ~ 1:JtIj MZ >-3>-j ~ >M ?< ......~ Z...... OtJ:I ...... >-j ""J. o ~