Release of Easement with Leo Marsters, Jr. and Lucile Marsters for Lynx Development at Cherry and MeridianADA COUNTY RECORDER Chrislopher D. Rich AMOUNT .00 7
BOISE IDAHO 05/14/14 10:36 AM
DEPUTY RECORDEChe
-REQUEST OF �II ������������IIIIIIIIIIIIIIIIIIIIII
Boise Cily 114036594
CITY OF MERIDIAN
RELEASE OF EASEMENT
WHEREAS, by easement dated January 10, 1956 and recorded on May 17, 1956 as Instrument Number 394602
of the records of Ada County, State of Idaho, Leo Marsters, Jr. and Lucile Marsters granted to the City of
Meridian, an Idaho Municipal Corporation, a sewer main easement for the construction, operation and
maintenance of a pipe line over and across the real property legally described and on Exhibit A, attached hereto
and incorporated herein.
WHEREAS, the continuance of this easement is no longer necessary or desirable. A separate easement that
correctly identifies the location will be recorded and will not be affected by this release.
NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby release and
abandon the said rights and easements hereinabove referred to and described, with the intent that the same shall
forthwith cease and be extinguished.
IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper
officers thereunto duly authorized this 13 day of Kjo 4 2014.
CITY OF MERIDIAN
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-Tam", do We ,t ,Nd Pharl.'cotca �sS'dr�
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ATTEST SAflS
aycee . Holman, City Clerk ,ry
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STATE OF IDAHO )
ss
County of Ada )
On this day of KA&I , 2014, before me, a Notary Public, personally
appeared � and Jaycee L. Holman, know or identified to me to be the M
and Clerk,
respectively, 0 ie ity o Meridian, who executed the instrument on behalf of said City, ac n
Cia r'�wIe"7Aed to
me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
(SEAL) S�GAA ONS •
0
Notaily Public for I aho
Residing at: "e,rtk A n
Commission expires: 0vl 4
MEMORANDUM OF UNDERSTANDING
REGARDING THE FUTURE RELEASE
OF A
RIGHT OF WAY EASEMENT FOR SANITARY SEWER
BETWEEN
LYNX INVESTMENTS, LP
AND
THE CITY OF MERIDIAN
THIS MEMORANDUM OF UNDERSTANDING is made and entered into this
Ncvembe�r'
day of October, 2010, by and between Lynx Investments, LP, a California Limited
Partnership (Lynx) and The City of Meridian, Idaho (City), to establish a mutual
understanding the future release of a Sanitary Sewer Easement currently held by City
on certain real property owned by Lynx.
WHEREAS, Lynx owns certain commercial real property located generally at the
southeast corner of Cherry Lane and Meridian Road in the City of Meridian (the
Property) upon which exists a sanitary sewer easement dated January 10, 1956, and
recorded as Instrument Number 394602 in the records of Ada County, State of Idaho (the 1956
Easement'); and
WHEREAS, Lynx has granted a new sanitary sewer easement to City and City intends
to extend the sewer main located on the property to Meridian Road and eliminate the
sewer main connection to Cherry Lane at such time as Meridian Road is reconstructed
as part of the Ada County Highway District project known as the Split Corridor, Phase
two; and
WHEREAS, as part of the consideration for granting the new easement, Lynx would like
to receive assurances from City that the 1956 Easement will be released, terminated,
and extinguished at such time as the sewer main on the property is extended to
Meridian Road.
NOW, THEREFORE, the parties hereby agree as follows:
MEMORANDUM OF UNDERSTANDING- 1 of 3
1. Lynx agrees to execute a sanitary sewer easement in the standard City form in
the portion of the Property as depicted on Exhibit A to this agreement.
2. Upon completion of the Split Corridor Phase Two road project and the
connection of the sanitary sewer to Meridian Road, City agrees to execute and
record a Release of Easement pertaining to the 1956 Easement in substantial
conformance with the sample document attached hereto as Exhibit B.
3. Prior to City's execution of the Release of Easement, Lynx shall seek written
verification from City's Department of Public Works that the sanitary sewer has
been connected to Meridian Road and that the 1956 Easement is no longer
needed for City purposes.
4. Upon City's verification as set forth in Section 3 of this agreement, City shall
execute the Release of Easement and record the same in the real property
records of Ada County, Idaho.
5. In the event that the Split Corridor Phase two project is not completed or if the
sanitary sewer is not relocated to Meridian Road, City shall not be under any
obligation to execute the release of the 1956 Easement.
6. In the event that Lynx or its successor in interest fails to request the verification
as set forth in Section 3 of this agreement, City shall have no obligation to
execute the release of the 1956 Easement.
7. If a suit, action, or other proceeding arising out of or related to this MOU is
instituted by any party, the prevailing party shall be entitled to recover its
reasonable attorney fees, expert witness fees, and costs (i) incurred in any
settlement negotiations, (ii) incurred in preparing for, prosecuting or defending
any suit, action, or other proceeding, and (iii) incurred in preparing for,
prosecuting or defending any appeal of any suit, action, or other proceeding. Fol
the purpose of this section, "attorney fees shall mean and include (i) attorney
fees and (ii) paralegal fees. This section shall survive and remain enforceable
notwithstanding any rescission of this MOU or a determination by a court of
competent jurisdiction that all or any portion of the remainder of this MOU is void,
illegal, or against public policy.
8. This MOU shall be construed and interpreted in accordance with the laws of the
State of Idaho. The parties agree that the courts of Idaho shall have exclusive
jurisdiction and agree that Ada County is the proper venue.
9. Time is of the essence with respect to the obligations to be performed under this
MOU.
10. Except as expressly provided in this MOU, and to the extent permitted by law,
MEMORANDUM OF UNDERSTANDING- 2 of 3
any remedies described in this MOU are cumulative and not alternative to any
other remedies available at law or in equity.
11.The failure or neglect of a party to enforce any remedy available by reason of the
failure of the other party to observe or perform a term or condition set forth in this
MOU shall not constitute a waiver of such term or condition. A waiver by a party
(1) shall not affect any term or condition other than the one specified in such
waiver, and (ii) shall waive a specified term or condition only for the time and in a
manner specifically stated in the waiver.
12.This MOU 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.
IN WITNESS WHEREOF, the parties do execute this Memorandum of Understanding
the day and year first above written.
LYNX INVESTMENTS LP
sy
Joseph arte, naging Partner
CITY OF MERIDIAN, IDAHO
Tammy dela, Mayor
of
rFo ti o
Attest:
Jaycee L. Holm City Clerk
SEAL
fQ iss
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MEMORANDUM OF UNDERSTANDING- 3 of 3
r 1,
MEMORANDUM OF UNDERSTANDING- 4 Of 4
xaeTRUMT No. 394602 f1
BOOP 31 PRE39
BIDET OF NAY EASEMENT
This Indenture, made end entered into this XV day of
January , 1956, by and between ],EO E. MARSTERS. JR.. and
NARSTERS, HUSBAND AND WIFEr
LU CILE / , of Meridian , ae grantor
and the City of Meridian, Ada County, Idaho, a municipal corpora-
tion, as grantee, WITNESSED: -
WHEREAS, the said grantor Is the owner in fee simple of a
parcel of land lying and being within the corporate limits of
said City of Meridian, Ada County, Idaho, particularly described
as follows: A strip of land 16 feet wide being 6 feet on each side
of the following described centerline: Beginning at a po._nt that is
139.66 feet Last of the Boise Meridian and on the South boundary of
the North 136 feet of Block 6, Nourse's Third Addition, Meridian, A da
County, Idaho; thence extending Northerly to the North boundary of
block 7, a point that is 139.8 feet, along the North Boundary of said
addition, iron tho Boise .Ieridian.
Also a strip of land 16 feet wide beins, 8 feet on each
side of the following described centerline: Beginning at a point
that is 388.97 feet Last of the Boise Meridian and on the oouth
boundary of the North 136 feet of Block 6, Nourae's third Addition,
Meridian, Ada County, Idaho; thence extending Northerly to the Porth
boundary of Block 7, a point that is 359,4 feet along the North
boundary of said Addition, from the Boise Meridian.
Also a strip of land 16 feet wide, being the South 16
feet of the Bast 124.66 feet of the West i of the North 136 feet of
flock b, ;iourse'n Third Addition, Meridian, ;1da County, Idaho.
AND WHEREAS, the grantee herein desires to construct a pipe
line for conveying sewage upon and across the above described land
in connection with additional sewer lines and sewage treatment
plant authorized by bond election in said city held August 30, 1955.
THEREFORE, in consideration of the sum of one dollar (:;1.00)
lawful money of the United States and other good and valuable con-
sideration in hand paid, the receipt for which is hereby acknow-
lodged, the undersigned, Leo a Marsters. Jr., and Lucile Marsr.ers,
do_ hereby give and grant the City of Meridian, its successors,
and assigns forever, the right to lay, maintain, operate, use, re-
pair and remove a certain pipe line for conveying sewage through,
over and across the above described real property for the purpose
aforesaid.
pool 31"►A090 Said pipe and. pipe linr'shell be laid under the surface of
the ground and the soil ardund the same shall be packed reasonably
level with the surface of the ground.
The grantee shall at all times have full and free access to
the right of way for said pipe line for any necessary purpose
connected with the use, operation, repair and enjoyment of said
pipe line, and shell have full and free access at all times
through Its agents, servants and employees, to and across the
above described lands of the grantor for all purposes connected
with this easement.
This easement and the considerations paid thereunder are
agreed by the undersigned grantor to be in full settlement of all
damages which in any way or manner may be sustained by reason of
the installation, construction, repair, use and occupancy of the
said pipe line thru and across the within described lands of the
said grantors, except as herein specifically stated.
DATED This 1V day of January , 1956.
ANTOR
STATE OF IDAHO )
99.
County of Ada
On this V day of January , 1954, before me, the
, undersigned, a Notary Public in and for said State, personally
and wile,
appeared Leo E. Marsters, Jr., and Lucile Marsters, husband/ , the
person a who executed the foregoing instrument and acknowledged
to me that _he (they) executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year in this certificate first above
written.
-Notary Public fon Idaho
Residence; Meridi..,_M Tia ioo
RTATa OF IDAHO, COUNTY OF ADA
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