Encroachment Easement Agreement with ReLo Boise, LLC c/o ReLo Development, LLC for Chili's Restaurant~~i~E IDIAN~-
~11b11C IDAHO
Works Department
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Denny Cline
DATE: I1/2/lI9
SUBJECT.: Encroachment Easement Agreement (Chili's Restaurant)
I. RECOMMENDED ACT>[ON
A. Move to:
1. Approve
Mayor Tammy de Weerd
~ ~ Me~~
Keith 8'~rd
Brad Hoaglun
Charles Rou~rtree
David Zaremba
This encroachment easement agreement provides the City of Meridian to grant
an encroachment easement that will allow hard surface improvements in the
area of an existing City of Meridian water and sewer easement. Whereas,
Rel.o Boise, LLC has agreed to be responsible for the maintenance of the City
of Meridian water and sewer service lines that are within the easement from the
point where existing hard surtace improvements begin to the edge of Tenant's
premises.
2. Authorize the Mayor to sign. the agreement]
II. DEPARTMENT CONTACT PERSONS
Place names, titles, and phone numbers of the Persons involved in Descending Order;
Tom Barry, Director of Public Works 489-0372
Bruce Freckieton, Development Services Manager 489-0362
Scott Steckline, Land Development Supervisor 489-0369
Denny Cline, Development .Analyst II 489-0363
~ D g
AQA COUNTY RECORDER J. QAVID NAVARRO AMOUNT .00 ~
BOISE IDAH011l12(09 02:09 PM
RECORDED nREQUEST OF II I I I II II I II I I II I IIIII II I I III ~ II II III
Meridian City 1 ~~ 1 t~r~~#~
ENCROACHMENT EASEMENT AGREEMENT
THIS ENCROACHMENT EASEMENT AGREEMENT is entered into this ~_ day of
`~(~ ®2~., 2009 by and between the City of Meridian, an Idaho Municipal Corporation
("Grantor"), and ReLo Boise, LLC, c/o ReLo Development, LLC, 16679 North 90~' Street, Suite
101, Scottsdale, AZ 85260, Attention: Legal Affairs ("Grantee").
WITNESSETH:
WHEREAS, Grantor holds certain water/sewer easements depicted on the plat of the
Southeast Corner Marketplace Subdivision No. 2; and
WHEREAS, Grantee owns the real property described as Lot 14, Block O 1 of the Southeast
Corner Marketplace Subdivision No. 2, including fencing in the City of Meridian easement,
and Grantee leases the restaurant on said property to its tenant ("Tenant"); and
WHEREAS, Grantee has agreed to be responsible for the maintenance of Grantor's water
and sewer service lines (the "Lines") that are within the easement from the point where
Tenant's fence prohibits public access to the service lines to the edge of Tenant's premises
(the "Easement Area"); and,
WHEREAS, because Grantee has agreed to maintain the Lines within the Easement Area,
Grantor is willing to grant an encroachment easement to Grantee that will allow the fence to
remain in the easement.
NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and
other good and valuable consideration, it is agreed as follows:
1. Grantor does hereby give, grant and convey unto the Grantee an encroachment
easement for the construction and maintenance of a fence upon the water and sewer easement
on following described property:
Lot 14, Block O 1 of the Southeast Corner Marketplace Subdivision No. 2
The encroachment easement hereby granted is for the purpose of the construction of said
fence, 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. 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.
2. The encroachment easement is granted to Grantee and its successors and assigns, TO
HAVE AND TO HOLD, unless and until said fence is 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
3. It is expressly 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.
4. 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
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 fence 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.
5. 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.
6. Grantor does hereby covenant to the Grantee that Grantor is in lawful possession of
the easement on the aforementioned and described tract of land, and that Grantor has 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.
``\`~~1111161~t~11/!!I!/
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CITY OF MERIDIAN ```\``~~~,~~(~ ~O/,9y.,~~,,'
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Tammy a eerd, Mayor S~'~L
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Attest b ycee Holman, City Clerk '~''~C,rrr~ l~l~~~~``~.
Approved By City Council On: ~ ~ ~ ~ ~ ' (~
Encroachment Agreement 2
STATE OF IDAHO, )
. ss.
COUNTY OF ADA
On this~day of~® , 2009, before me, the undersigned,
a Notary Public in and for said State, personally appeared TAMMY DE WEERD
and JAYCEE HOLMAN, 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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Encroachment Agreement 3
RELO BOISE, I,LC, an
Arizona limited liability company
Preen eddy, M.D., its Manager
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN IiERNARDINO )
On ~"~' ~ ~ , 2009, before me, ~~~ ~ t.:l 11.~i.'~~,r L! t ,personally
appeared Preen Reddy, M.D., who proved to me on the basis of satisfactory evidence to be the
person whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the instrument.
1 certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and ofEcial seal.
MONA M. MERRILL
Counts:fin ~ 1$11868
No#bry Public • Ceilbrnle
Son 8tmardirto Counti-
E 30, 2012
,~. 1
Signatur ~:.~{,( ~::
Notary Public
Encroachment Agreement 4