Encroachment Easement Agreement with Meridian Development Corp for Franklin Road and Water TowerMERIDIAN DEVELOPMENT CORPORATION
THE URBAN RENEWAL AGENCY OF THE CITY OF MERIDIAN
RESOLUTION N0.09-070
BY THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF
MERIDIAN, IDAHO, A/K/A THE MERIDIAN DEVELOPMENT CORPORATION:
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF
THE URBAN RENEWAL AGENCY OF MERIDIAN, IDAHO,
APPROVING THE ENCROACHMENT EASEMENT
AGREEMENT BETWEEN THE MERIDIAN DEVELOPMENT
CORPORATION AND THE CITY OF MERIDIAN,
AUTHORIZING THE EXECUTION OF THE
ENCROACHMENT EASEMENT AGREEMENT BY THE
CHAIRMAN OR VICE-CHAIRMAN AND SECRETARY;
AUTHORIZING ANY TECHNICAL CHANGES TO THE
ENCROACHMENT EASEMENT AGREEMENT;
AUTHORIZING THE ADMINISTRATOR TO TAKE ALL
NECESSARY ACTION REQUIRED TO IMPLEMENT THE
ENCROACHMENT EASEMENT AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE.
THIS RESOLUTION, made on the date hereinafter set forth by the Urban Renewal
Agency of the City of Meridian, Idaho, an independent public body corporate and politic,
authorized under the authority ofthe Idaho Urban Renewal Law of 1965, as amended, Chapter
20, Title 50, Idaho Code, a duly created and functioning urban renewal agency of the Ciry of
Meridian, Idaho, hereinafter refereed to as the "MDC:'
WHEREAS, the MDC, an independent public body, corporate and politic, is an urban
renewal agency created by and existing under the authority of and pursuant to the Idaho Urban
Renewal Law of 1965, being Idaho Code title 50, chapter 20, as amended and supplemented, and
the Local Economic Development Act of 1988, being Idaho Code, Title 50, Chapter 29, as
amended and supplemented (collectively the "Act");
WHEREAS, the MDC was established by Resolution No. 01-367 ofthe City Council of
the City of Meridian, Idaho (hereinafter the "City Council"), adopted July 24, 2001;
WHEREAS, the City Council of the City of Meridian, Idaho (the "City"), on October 8,
2002, after notice duly published, conducted a public heazing on the Meridian Revitalization
Plan (the "Revitalization Plan");
WHEREAS, following said public hearing the City adopted its Ordinance No. 02-987 on
December 3, 2002, approving the Revitalization Plan and making certain findings;
RESOLUTION N0.09-070 - 1
WHEREAS, ACHD is constructing a new intersection at Main, Central and Waltman and
rebuilding the existing roadway on Main Street from I-84 to Franklin Roads, Ada County, Idaho,
known as Phase One of the Meridian Split Corridor Project, Project No. 506040 (hereinafter
referred to as the "Meridian Split Corridor Phase One Project"). The Meridian Split Corridor
Phase One Project consists of construction of the southern portion of the Split Corridor Roadway
Project and reconstruction of the Main/Waltman/Meridian/Central intersection project identified
in the Downtown Meridian Transportation Management Plan;
WHEREAS, MDC and the City are constructing certain landscape improvements
including the design and installation of decorative street lighting, to be incorporated into a
portion of the Meridian Split Con•idor Phase One Project;
WHEREAS, the City holds certain sewer easements in South Main Street in Meridian
between East Franklin Road and East Water Tower Lane; and;
WHEREAS, MDC has constructed certain streetscape improvements in the City's
easement, including but not limited to street lighting, landscaping, and associated appurtenances;
WHEREAS, the City contends MDC's placement of the streetscape improvements in the
Ciry's easement creates the potential to interfere with emergency repairs, routine maintenance
and necessary improvements to the City's sewer pipeline;
WHEREAS, the City is willing to allow the streetscape improvement to remain in the
City's sanitary sewer easement in exchange for an agreement from MDC regarding removal of
the encroachments when needed for sewer repairs, maintenance, and improvements;
WHEREAS, MDC staff and the City have drafted an Encroachment Easement
Agreement (the "Agreement") setting forth the details concerning the scope of the proposed
encroachment easement;
WHEREAS, the Board of Commissioners finds it in the best public interest to approve
the Agreement as described and summarized at the September 9, 2009, Board meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE BOARD OF
COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF MERIDIAN, IDAHO, A/K/A
THE MERIDIAN DEVELOPMENT CORPORATION, AS FOLLOWS:
Section 1: That the above statements are true and correct and the Board specifically
determines entering into the Agreement with the City is in the best interest of MDC.
Section 2: That the Agreement, a copy of which is attached hereto as Exhibit A and
incorporated herein by reference, be and the same hereby is approved along with revisions
authorized by the Board at its September 9, 2009, Board meeting.
Section 3: That the Chairman, Vice-Chairman, and Secretary of MDC are hereby
authorized to sign and enter into the Agreement and, further, are hereby authorized to execute all
necessary documents required to implement the actions contemplated by the Agreement subject
RESOLUTION N0.09-070 - 2
to representations by MDC staff and MDC's legal counsel that all conditions precedent to
actions, and any necessary technical changes to the Agreement, or other documents, are
acceptable upon advice from MDC's legal counsel that said changes are consistent with the
provisions of the Agreement and the comments and discussions received at the September 9,
2009, MDC Board meeting; the Administrator is further authorized to appropriate any and all
funds contemplated by the Agreement and to perform any and all other duties required pursuant
to said Agreement.
Section 4: That this resolution shall be in full force and effect immediately upon its
adoption and approval.
PASSED AND ADOPTED by the Urban Renewal Agency of the City of Meridian,
Idaho, a/k/a the Meridian Development Corporation, on September 9, 2009. Signed by the
Chairman of the Board of Commissioners, and attested by the Secretary to the Board of
Commissioners, on this 9th day of September 2009.
APPA nvFn•
By
ATTEST:
By
'Secretary
RESOLUTION N0.09-070 - 3
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 4
BOISE IDAHO 09129(09 11:23 AM
DEPUTY VIcldAllen III I'IIIIIIIIIII'll'IIIIIIIIII~IIIIII
RECORDED-REQUEST OF 109 1 1 1 266
Meridian Ciry
ENCROACHMENT EASEMENT AGREEMENT
THIS INDENTURE, made this G!'3ay of ,,.,b x{2009 between the City of Meridian, an
Idaho Municipal Corporation and hereinafter referred to as "Grantor", and the Meridian
Development Corporation, hereinafter referred to as "Grantee."
WITNESSETH:
WHEREAS, Grantor holds certain sewer easements in South Main Street in Meridian
between East Franklin Road and East Water Tower Lane; and,
WHEREAS, Grantee has constructed certain streetscape improvements in Grantor's
easement, including but not limited to street lighting, landscaping, and associated
appurtenances; and,
WHEREAS, Grantee's placement of the streetscape improvements in Grantor's easement
creates the potential to interfere with emergency repairs, routine maintenance and necessary
improvements to Grantor's sewer pipeline; and,
WHEREAS, Grantor is willing to allow the streetscape improvement to remain in Grantor's
sanitary sewer easement in exchange for an agreement from grantee regarding removal ofthe
encroachments when needed for sewer repairs, maintenance, and improvements.
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 encroachment easement to allow the streetscape improvements to remain in
Grantor's sanitary sewer easement on South Main Street between East Franklin Road and
East Watertower Lane, Meridian, Ada County, Idaho.
Grantor retains its right of access to its sanitary sewer, together with its maintenance, repair
and replacement at the convenience of the Grantor, with the free right of access to such
facilities at any and all times. Grantee shall have the right to use and enjoy the surface ofthe
easement except when such use interferes with the rights and privileges retained by Grantor.
TO HAVE AND TO HOLD, the said encroachment easement unto the said Grantee, it's
successors and assigns forever, unless and until said landscape improvements are removed
and not replaced or otherwise abandoned for a period of two (2) years upon which
occurrence this encroachment easement shall automatically cease and terminate and Grantee
shall, if requested by the Grantor, release the same of record.
Encroachment Agreement
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that this encroachment agreement is made subject to the following terms and conditions:
1. The City of Meridian will take all reasonable steps to work around and not disturb
street lighting, landscaping, and associated appurtenances during emergency repairs,
routine maintenance, or sewer improvements, however, the City of Meridian is solely
responsible to make the determination as to what is considered reasonable.
2. In the event that the City of Meridian determines it must disturb street lighting and
landscaping to perform emergency repairs, routine maintenance, or sewer
improvements, Meridian Development Corporation agrees to be solely responsible
for the cost of repairing or replacing disturbed or damaged streetlights, landscaping,
and associated appurtenances except if the cost was incurred as a result of the
negligent or willful act or omission of Grantor, its successors, assigns, agents,
employees, or contractors.
3. in the event that sewer pipeline repair or improvement activities are planned in
advance, the City of Meridian agrees to coordinate removal and replacement of street
lights, landscaping, and associated appurtenances, in an effort to reduce impacts and
costs. Meridian Development Corporation will be financially responsible for all
removal and relocation costs.
Grantee agrees to release, indemnify, defend and hold hazmless grantor against any and all
claims, demands, and causes of action arising in favor of any person, corporation, or
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 streetscape improvements 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.
This Agreement shall be binding upon and inure to the benefit of the parties and their
respective successors, assigns, heirs, personal representatives, purchasers, or transferees of
any kind.
THE GRANTOR does hereby covenant with the Grantee that they are in lawful possession
ofthe easement on the aforementioned and described tract of land, and that they have a good
and lawful right to convey said encroachment easement.
IN WITNESS WHEREOF, the said parties have hereunto subscribed their signatures the day
and year first herein above written.
]signatures on following page]
GRANTOR: CITY OF MERIDIAN
Encroachment Agreement 2
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Holman, City
Approved By City Council On:
STATE OF IDAHO, )
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On this ~ day o 2009, before me, the undersigned,
a Notary Public in and for said State, personally appeared 't
and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, ,~O~~x F~r~
respectively, of the City of Meridian, Idaho, and who executed the within ,~o CX /`-~- .
instrument, and acknowledged to me that the City of Meridian executed the same. C!<f~
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and ~S
year first above written.
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GRAN EE: ME DIAN DEVELOPMENT CORPORATION
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Encroachment Agreement
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On this ~ ay of - 2009 before me, the undersigned, a Notazy
Public in and for said State, per onally appeared ~' ~0
known or identified to me to be the of the Corporation that
executed the within instrument, and acknowledged to me that such Corporation executed the
same.
[N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fist above written. f
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Encroachment Agreement