Easement - 2016 - 2400 Eagle Road - Right of Way Encroachment Agreement - 3/8/2016 :SCANNED
WHEN RECORDED, PLEASE RETURN TO: ADA COUNTY RECORDER Christopher D.Rich 2016-019761
BOISE IDAHO Pgs=4 BONNIE 03/10/2016 09:32 AM
CITY CLERK EAGLE CITY NO FEE
660 E. Civic Ln. 111111111111111111111111111111 1111111111111111111
Eagle, ID 83616 00201647201600197610040042
RIGHT-OF-WAY ENCROACHMENT AGREEMENT
THIS AGREEMENT, made and entered into this yet day of March, 2016, by and CITY
OF EAGLE, IDAHO (collectively referred to as "Owner"), a municipal corporation and Robert
Grubb ("Grubb"), whose address is 2400 Hill Road, Eagle, Idaho 83616.
RECITALS
WHEREAS, Owner is the owner of real property described as Guerber Park; and
WHEREAS, Grubb installed a fence that encroaches upon Guerber Park property; and,
WHEREAS, Owner agrees to allow said encroachment unless it impedes on Owner's
use and enjoyment of property;
NOW, THEREFORE, in contemplation of the above stated facts and objectives, it is
hereby agreed as follows:
TERMS AND CONDITIONS
1. Owner shall permit Grubb to maintain the fence encroachment identified in
Exhibit "A" within the public right-of-way of Guerber Park. Upon such removal of said fence,
this Agreement shall terminate and be of no further force or effect.
2. In consideration of Owner allowing Grubb to maintain the fence encroaching on
Guerber Park, Grubb agrees to indemnify and hold harmless Owner from and against any and
all claims of liability for any injury or damage to any person or property arising from the fence. In
the event any action or proceeding is brought against Owner regarding the fence, Grubb, upon
notice from Owner, shall defend Owner at Grubb's expense by counsel reasonably satisfactory
to Owner.
3. Owner may, at any time, with written notice to Grubb require removal of the
fence encroachment. Upon notice, Grubb failure to remove the fence within thirty (30) days
written notice, Owner may cause the removal of the encroachment at the expense of Grubb.
4. In the event either party hereto retains an attorney to enforce any of the rights,
duties and obligations arising out of this Agreement, the prevailing party shall be entitled to
recover from the non-prevailing party reasonable attorney's fees at the trial and appellate levels
and, whether or not litigation is actually instituted.
Right-Of-Way Agreement—Guerber Park
Page 1
5. This Agreement shall be governed by, construed, and enforced in accordance
with the laws and decisions of the State of Idaho. Venue shall be in the District Court of the
Fourth Judicial District of the State of Idaho.
6. This Agreement sets forth the entire understanding of the parties hereto, and
shall not be changed or terminated orally. It is understood and agreed by the parties hereto
that there are no verbal promises or implied promises, agreements, stipulations or other
representations of any kind or character pertaining to the Improvements maintained in the
public right-of-way other than as set forth in this Agreement.
7. No presumption shall exist in favor of or against any party to this Agreement as
the result of the drafting and preparation of this document.
8. This Agreement shall be recorded with the Ada County Recorder by Owner.
9. The parties fully understand all of the provisions of this Agreement, and believe
them to be fair, just, adequate and reasonable, and accordingly accept the provisions of this
Agreement freely and voluntarily.
Right-Of-Way Agreement—Guerber Park
Page 2
OWNER: / CITY OF EAGLE:
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By: LI // By
-obert Grubb Stan Ridgeway
'i3l�'..u,�,.,,,,�� Its: Mayor
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ATTEST:
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Sharon Bergmann
,,,'I SOF City Clerk
STATE OF _._I> , )
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County of ] . )
On this TIAjday of t .. t5' - , 2016, before me, the undersigned Notary Public in
and for said State, personally appeared Robert Grubb, known to me to be the person who
executed the foregoing instrument and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written. v _›- W 4C-t/ ,
♦_*`�...66er.n.,,.. Notary Public for
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Right-Of-Way Agreement—Guerber Park
Page 3
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