Cross Access Easement with Western Ada Recreation District for Storey Park ParkingADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 11
BOISE IDAHO 06!18!10 12:24 PM
DEPUTY Gail Garrett
When Recorded Return To: RECORDED-REQUEST OF III !'IIIlIIII'llllllllll(IIIIIII'I II
City Clerk Meridian City 1100~~5~0
City of Meridian
33 East Broadway Avenue
Meridian, ID 83642
CROSS ACCESS PARKING EASEMENT AGREEMENT
This Cross Access Parking Easement Agreement ("Agreement") is made effective
this a(~th day of M ~_, 2010, by and between the Western Ada Recreation District
("District"), and The City of Mendian, and Idaho Municipal Corporation ("City"). District and
City may be collectively referred to as the Parties.
RECITALS:
WHEREAS, District owns certain real property in Ada County, Idaho,' as legally
described in Exhibit A, which exhibit is attached hereto and incorporated herein ("Parcel A") and
depicted on Exhibit C; and,
WHEREAS, City is the owner of that certain property adjacent to the District
Property in Ada County,. Idaho as legally described in Exhibit B, which exhibit is attached hereto
and incorporated herein ("Parcel B") and depicted on Exhibit C; and,
WHEREAS, the primary vehicular and pedestrian access to District's Parcel A is
over and across City's Parcel B; and,
WHEREAS, the Parties have determined that it would be mutually beneficial to
allow the District to formalize the access to its site through this Agreement; and,
WHEREAS, City agrees to grant to District a cross access easement for ingress
and egress across its property 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. City, as grantor, hereby grants to District, its contractors, employees, agents,
licensees and invitees, as grantee, a perpetual nonexclusive easement for ingress and egress
by vehicular and pedestrian traffic and vehicular parking upon, over, on, across and through
the portion of Parcel B as legally described on Exhibit D and depicted on Exhibit E,
incorporated herein by this reference and referred to herein as the "Cross Access Area".
2. Maintenance. City agrees to provide all routine maintenance of the drive aisle and parking
lot improvements constructed on the Cross Access Area on an "as-needed" basis, said
maintenance to include periodic sweeping, painting of lane and parking stripes, asphalt repair
and replacement, and maintenance of all landscaping improvements. It is understood and
agreed, however, that because City is a governmental entity, the terms of this Section 2 of
this Agreement shall in no way or manner be construed so as to bind or obligate City beyond
the term of any particular appropriation of funds. City reserves the right to terminate its
CROS5 ACCESS PARKING EASEMENT AGREEMENT -1
obligations under this Section 2 if, in its judgment, the performance of said obligations would
violate Article VIII, Section 3 of the Idaho Constitution, as a result of City's governing
body's failure, neglect or refusal to appropriate sufficient funds as may be required for said
party to continue performance under this Section 2. Any such termination shall take effect
on ten (10) days' prior written notice after which all future rights and liabilities of City under
Section 2 of this Agreement shall cease.
3. Use of Easement. The easement granted hereby are for the purpose of allowing for the joint
use of the access and parking facilities located on the Cross Access Area by the Parties, their
contractors, employees, agents, licensees and invitees. The Parties agree to cooperate
regarding the joint use of said parking facilities.
4. Binding on Successors. This Easement shall be recorded in the official records of Ada
County, Idaho, and shall be binding on the successors, administrators, executors and assigns
(if permitted) of all parties hereto and shall run with the land.
5. Counterparts. This Easement may be executed in counterparts, each part being considered
an original document, all parts being but one document.
6. Indemnification. District agrees to indemnify, defend and hold City, and its successors,
assigns, and agents harmless from any and all claims, liability, losses, costs, charges, or
expense that arise from District's use or use by its employees, licensees, agents, invitees, or
representatives, of the Cross Access Area parcel pursuant to the easements granted hereby.
7. Insurance. District shall provide and maintain commercial general liability insurance
covering its obligations under Article 6 and insuring it against claims for personal injury,
bodily injury or death, and property damage or destruction. Such insurance shall be to a limit
of not less than the minimum amounts as specified in the Idaho Tort Claims Act as set forth
in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a
limitation of the covenants to indemnify and save and hold harmless.
8. 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.
9. Assignment. Neither party shall sell, transfer, nor assign its interest in this Agreement
without the written consent of the other party, which other party is free to withhold for any
reason.
10. Easement Obstructions. No fence or other barrier shall be erected or permitted within or
across the Access Easement Area 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 for
special events or in connection with the construction, reconstruction, repair and maintenance
of improvements. 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, and such work shall be diligently prosecuted to completion, or
(ii) the construction of limited curbing or other forms of traffic controls.
CROSS ACCESS PARKING EASEMENT AGREEMENT - 2
11. 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:
City: City of Meridian, c/o City Clerk
33 East Idaho Avenue
Meridian, Idaho 83642
District: Western Ada Recreation District
P.O. Box 566
Meridian, Idaho 83680
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.
IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed
the day and year first written above.
WESTERN ADA RECREATION DISTRICT:
Walt Morrow, President
By ~
Gary D. Smith, Secretary
CITY OF MERIDIAN:
By
Tammy DeW ,Mayor
~ ~ ee Holman, City Clerk
SEAL
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CROSS ACCESS PARKING EASEMENT AGREEMENT - 3
STATE OF IDAHO )
ss.
County of Ada )
On the~_~ day of /~'l~'1 , 2010, before me, the undersigned, a Notary Public in
and for said State, personally appeared Walt Morrow and Gary D. Smith, known or identified to
me to be the President and Secretary of the Western Ada Recreation District, respectively, who
executed the within and foregoing instrument on behalf of said District, and acknowledged to me
that said District executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and y ~~ written.
5 ~.
y ~ , ~ `~ Notary Public for:
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'•.•~d ~' ~~~.• My commission expires: 7-~ 6-- / ~-
. 9 ...• y .
STATE OF IDAHO )
ss.
County of Ada )
On this o~(a~', day of ~, in the year 2010, before me, a Notary Public in
and for the State of Idaho, personally appeared Tammy De Weerd and Jaycee L. Holman known
or identified to me to be the Mayor and City Clerk of the City of Meridian, respectively who
executed the instrument on behalf of said municipal corporation ,and acknowledged to me that
such municipal corporation executed the same.
I,N WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day. and year first above written.
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CROSS ACCESS PARKING EASEMENT AGREEMENT - 4
EXHIBIT A
(Legal Description of WARD Pool Site)
TEALEY'S 1-./~Nl~ 187 E. 50th Street • Garden City, Idaho 83714
SURVEYING (208} 385-0636
Fax (208) 385-0696
Project No.: 3365
Date: January 21, 2010
DESCRIPTION
OF
PARCEL A
FOR
WESTERN ADA RECREATION DISTRICT
A parcel of land, as sh wn on the Record of Survey No.~~ , on file under
Instrument No. 0 I $ in the Office of the Recorder for Ada County, Idaho, lying in the
Northwest 1/4 of Section 18, T.3N., R.1E., B.M., Meridian, Ada County, Idaho, and more
particularly described as follows:
COMMENCING at the North 1/4 corner of said Section 18, marked by a brass cap;
thence along the North tine of said Section 18
South 89°20'05" West 1309.06 feet to the Northeast corner of Government Lot 1 of said
Northwest 1/4 of Section 18 as shown on Record of Survey No. 2017 on file under Instrument
No. 9168335 in the Office of the Recorder for Ada County, Idaho; thence along the East line of
said Government Lot 1
South 00°40'03" West 414.24 feet to the POINT OF BEGINNING, marked by an iron pin;
thence continuing ,
South 00°40'03" West 247.34 feet to a point, marked by an iron pin; thence
North 52°17'11" West 450.67 feet to a point, marked by an iron pin; thence
North 00°40'03" East 11.43 feet to a point, marked by an iron pin; thence
North 87°14'16" East 173.69 feet to a point of curve, marked by an iron pin; thence along
the arc of a curve to the left 55.71 feet, said curve having a radius of 66.00 feet, a central angle
of 48°21'47", and a long chord bearing
North 63°03'22" East 54.07 feet to a point, marked by an iron pin; thence
North 38°52'29" East 44.52 feet to a point, marked by an iron pin; thence
South 51°07'31" East 19.67 feet to a point, marked by an iron pin; thence
South 38°52'29" West 16.49 feet to a point, marked by an iron pin; thence
South 51°52'37" East 133.04 feet to the POINT OF BEGINNING.
Said Parcel Contains 1.31 Acres, more or less.
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CROSS ACCESS PARKING EASEMENT AGREEMENT - 5
EXHIBIT B
(Legal Description for Storey Park Site)
- TEALEY'S LAND 187 E. 50th Street • Garden City, Idaho 83714
SURVEYING (ZOS} 3as-os3s
Fax (208} 385-0696
Project No.: 3365
Date: January 27, 2010
DESCRIPTION
OF
PARCEL B
FOR
CITY OF MERIDIAN
A parcel of land, as shown on the Record of Survey No. 'r ~, on file under
Instrument No. l t OD ~-l 8'7~ in the Office of the Recorder for Ada County, Idaho, lying in the
Northwest 1/4 of Section 18, 7.3N., R.1E., B.M., Meridian, Ada County, Idaho, and more
particularly described as follows:
COMMENCING at the North 1/4 corner of said Section 18, marked by a brass cap;
thence along the North fine of said Section 18
South 89°20'05" West 1309.06 feet to the Northeast corner of Government Lot 1 of said
Northwest 1/4 of Section 18 as shown on Record of Survey No. 2017 on file under Instrument
No. 9168335 in the Offrce of the Recorder for Ada County, Idaho; thence
South 00°40'03" West 47.44 feet to a point on the South right-of-way line of East
Franklin Road as shown on Record of Survey No. 7077 on file under Instrument No. 105148498
in the Office of the Recorder for Ada County, Idaho, said point being on the Westerly line of
Honor Park Subdivision No. 3, as filed for record in Book 78 of Plats at pages 8191 & 8192 in
the Office of the Recorder for Ada County, Idaho, said point being the POINT OF BEGINNING,
marked by an iron pin; thence along said Westerly line
South 00°40'03" West 234.91 feet to the Southwest corner of Lot 28 of Block 2 of said
Honor Park Subdivision No. 3, marked by a lead plug and tack; thence along the Southerly line
of said Honor Park Subdivision No. 3
North 89°31'22" East 622.00 feet to the Southeast corner of Lot 26 of Block 2 of said
Honor Park Subdivision No. 3, marked by an iron pin; thence along the Westerly line of said
Honor Park Subdivision No. 3
South 00°40'03" West 1048.08 feet to the Southwest corner of Lot 12 of Block 2 of said
Honor Park Subdivision, said point being on the North line of Honor Park Subdivision No. 2, as
filed for record in Book 68 of Plats at pages 6959 & 6960 in the Office of the Recorder for Ada
County, Idaho, marked by an iron pin; thence along said North line and along the North line of
Honor Park Subdivision No. 1, as filed for record in Book 65 of Plats at pages 6652 & 6653 in
the Office of the Recorder for Ada County, Idaho
South 89°31'22" West 622.00 feet to the Northwest corner of Lot 4 of Block 2 of said
Honor Park Subdivision No. 1, marked by an iron pin; thence along the East line of said
Government Lot 1
North 00°40'03" East 916.19 feet to a point, marked by an iron pin; thence
North 51°52'37" West 133.04 feet to a point, marked by an iron pin; thence
North 38°52'29" East 16.49 feet to a point, marked by an iron pin; thence
North 51°07'31" West 19.67 feet to a point, marked by an iron pin; thence
South 38°52'29" West 44.52 feet to a point of curve, marked by an iron pin; thence along
the arc of a curve to the right 55.71 feet, said curve having a radius of 66.00 feet, a central
angle of 48°21'47", and a long chord bearing
South 63°03'22" West 54.07 feet to a point, marked by an iron pin; thence
South 87°14'16" West 173.69 feet to a point, marked by an iron pin; thence
South 00°40'03" West 11.43 feet to a point, marked by an iron pin; thence along a line
parallel with said North line of Section 18
CROSS ACCESS PARKING EASEMENT AGREEMENT - 6
TEALEY'S LAND SURVEYING 187E.50~SUeekGardenCity,Idaho83714'(208)385-0836
Project No.: 3365
Parcel B Description
Page 2 of 2
South 89°20'05" West 173.87 feet to a point on the East right-af-way line of South Main
Street as shown on Record of Survey No. 8652 on file under Instrument No. 109110965 in the
Office of the Recorder for Ada County, Idaho, marked by an iron pin; thence along said East
right-of--way line
North 01°16'04" East 295.61 feet to a point on said South right-of-way line of East
Franklin Road, marked by an iron pin; thence along said South right-of-way line
North 47°12'39" East 46.45 feet to a point, marked by an iron pin; thence continuing
North 89°20'05" East 156.25 feet to a point, marked by an iron pin; thence continuing
North 88°03'42" East 340.86 feet (formerly 340.81 feet) to the POINT OF BEGINNING
Said Parcel Contains 18.81 Acres, more or less.
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CROSS ACCESS PARKING EASEMENT AGREEMENT - 7
EXHIBIT C
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CROSS ACCESS PARHING EASEMENT AGREEMENT - s
EXHIBIT D
(Legal Description of Cross Access Parcel)
Project. No.: 3365
Date; January 27, 2010
DESCRIPTION
OF
CROSS ACCESS EASEMENT AT STOREY PARK
FOR
WESTERN ADA RECREATION DISTRICT
A parcel of land being a portion of the Northwest 1/4 of Section 18, T.3N., R.1 E., B.M.,
Meridian, Ada County, Idaho, and more particularly described as follows:
COMMENCING at the North 1/4 comer of said Section 18, marked by a brass cap;
thence along the North line of said Section 18
South .89°20'05" West 1309.06 feet to the Northeast corner of Government Lot 1 of said
Northwest 1/4 of Section 1.8; thence along the East line of said Government Lot 1
South 00°40'03" West 47.44 feet to a point on the South right-of--way line of East
Franklin Road as shown on Record of Survey No. 7077 on fife under Instrument No. 105148498
in the Office of the Recorder for Ada County, Idaho, marked by an iron pin; thence along said
South right-of--way line
South 88°03'42" West 9.90 feetto the POINT OF BEGINNING; thence
South 00°50'34" West 96.29 feet to a point of curve; thence along the arc of a curve to
the right 54.75 feet, said curve having a radius of 85.00 feet, a central angle of 36°54'24", and a
long chord bearing
South 19°17'45" West 53.81 feet to a point; thence
South 37°44'57" West 56.49 feet to a point; thence
South 52°15'29" East 79.23 feet to a point; thence
South 63°51'27" East 99.22 feet to a point of curve; thence along the arc of a curve to
the right 50.65 feet, said curve having a radius of 45.00 feet, a central angle of 64°29'33", and a
tang chord bearing
South 31°36'40" East 48.02 feet to a point; thence
South 00°38'06" West 260.43 feet to a point; thence
North 89°41'47" West 107.61 feet to a point; thence
North 00°38'57" East 210.91 feet to a point; thence
North 51°52'37" West 144.97 feet to a point, marked by an iron pin; thence
North 38°52'29" East 16.49 feet to a point, marked by an iron pin; thence
North 51°07'31" West 19.67 feet to a point, marked by an iron pin; thence
South 38°52'29" West 44.52 feet to a point of curve, marked by an iron pin; thence along
the arc of a curve to the right 55.71 feet, said curve having a radius of 66.00 feet, a central
angle of 48°21'47", and a long chord bearing
South 63°03'22" West 54.07 feet to a point, marked by an iron pin; thence
South 87°18'13" West 173.68 feet to a point, marked by an iron pin; thence
South 87°14'16" West 174.08 feet to a point on the East right-of--way fine of South Main
Street; thence along said East right-of-way line
North 01°16'04" East 34.86 feet to a point; thence
North 87°00'43" East 339.85 feet to a point of curve; thence along the arc of a curve to
the left 29.72 feet, said curve having a radius of 35.00 feet, a central angle of 48°38`40", and a
long chord bearing
North 62°41'23" East 28.83 feet to a point; thence
CROSS ACCESS PARKING EASEMENT AGREEMENT - 9
TEALEY'S Lt-....-~D SURVEYING 187E.5a^~f'reetGardenciiy,wano83~ta•(2Q8j385•os3s
Project No.: 3365
Cross Access Easement Description
Page 2 of 2
North 38°22'04" East 184.37 feet to a point of curve; thence along the arc of a curve to
the left 29.48 feet, said curve having a radius of 45.00 feet, a centrah angle of 37°32'02", and a
long chord bearing
North 19°36'03" East 28.95 feet to a point; thence
North 00°50'02" East 96.00 feet to a point on said South right-of-way line of East
Franklin Road; thence along said South right-of-way line
North 88°03'42" East 36.21 feet to the POINT OF BEGINNING.
Said Parcel Contains 1.65 Acres, more or less.
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CROSS ACCESS PARKING EASEMENT AGREEMENT -10
EXHIBIT E
a
..,
CROSS ACCESS EASEMENT EXHIBIT
AT STOREY PARK
FOR WESTERN ADA RECREATION DISTRICT
LYING 1N THE NW i/4, SECTfON 18, T.3N., R.iE., B.M.,
MERIDIAN, ADA COUNTY, IDAHO
o so loo 200
SCALE IN FEET
i" = 100'
E. FRANKLfN ROAD
12 ] S 89°20'05" W 2401.71'
_ _ - 1092.65'
I3 I8 N 8B 03'4
C) 36.21'
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44.52' ~ / N 51°07'31
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N 87°00'43" E
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339.85' n
ill
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t` AREA IN CROSS ACCESS EASEMENT ~ ~~ ~`a ~
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CURVE TABLE
CURVE RADIUS DELTA LENGTH SEARING CHORD
C- I 66.00' 48°21'47' 55.71' S 63°03'22" W 54.07'
C- 2 85.00' 36°54'24" 54.75' S 19°17'45" W 53.81'
C- 3
C- 4 45.00'
35.00' 64°29'33"
48 °38'40' 50.65'
29.72' S 31°36'40" E
N 62°41'23" E 48.02'
28.83'
C- 5 45.00' 37°32'02° 29.48' N 19°36'03` E 28.95'
3365-LLA.dwg 01-27-10 14:21:27 JWorgo
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TEALEY'S LAND SURVEYING
187 EAST 50th STREET r--~ GARDEN CITY, ID. 83714
208-385-0636
NE COR.
GOV. LOT 1 NORTH
I/4 COR.
~ 7
!309.06' I~
E
i
S 00°40'03" W
47.44'
$ 88°03'42' W
9.90'
~ S 00'50'34° W
~' 96.29'
~'/ ~ S 37.°44'57" W
,~'~ 56.49'
S 52°15'29° E
/ 79.23'
CROSS ACCESS PARKING EASEMENT AGREEMENT - it