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 )
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County of Ada ) .
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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.
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STATE OF IDAHO ) ......
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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.
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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
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ACCESS EASEMENT
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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.
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EASD.lEN1' EXlll1IT FOR
PETRA INC.
TEALEY'S LAND SURVEYING
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