Z - Declaration of Cross-Access EasementRECORDING REQUESTED BYAND
WHEN RECORDED RETURN TO:
City of Meridian
City Clerk
33 E. Broadway Ave
Meridian, Idaho 83642
ADA COUNTY RECORDER Christopher D. Rich 2018-080498
BOISE IDAHO Pgs=15 BONNIE OBERBILLIG 081241201812:30 PM
SPINK BUTLER AMOUNT:$52.00
IIIIII1111III IIIIIIIIIIIIIIII IIIIIIIIIII 111111 III
00696008201800804880160160
DECLARATION OF CROSS -ACCESS EASEMENT
�t�This Declaration of Cross -Access Easement (this "Declaration") is made effective this
i7C`' day of August 2018 by 10`s & FAIRVIEW, LLC, an Idaho limited liability company
("Grantor").
RECITALS:
WHEREAS, Grantor is the owner of that certain property commonly referred to as 1035
E. Fairview, Meridian, Idaho, as more fully described in ExhibftA attached hereto and made a
part hereof ("Grantor's Property"); and
WHEREAS, Grantor's Property is adjacent to certain property encumbered by that
certain Cross -Access Agreement dated October 20, 2010 and recorded in the records of Ada
County as Instrument No. 2016-102024 (the "Cross -Access Easement"). A true and accurate
copy of the Cross -Access Easement is contained in Exhibit B attached hereto and made a part
hereof. The Cross -Access Easement, by its terms provides cross -access rights to Grantor's
Property in locations identified in the Cross -Access Easement; and
WHEREAS, on October 3, 2017, the City of Meridian (the "City") entered with Grantor
into that certain Agreement for Extension of Domestic Sewer Service Outside Meridian City
Limits: 1035 E. Fairview Avenue (recorded as Instrument No. 2017-095482), as the same has or
may be amended form time to time (the "Connection Agreement"). Among other things, the
Connection Agreement requires Grantor to make application for annexation of Grantor's
Property into the City (the "Annexation Application"). In addition, the Connection Agreement
acknowledges the existence of a video billboard currently located on Grantor's Property (the
"Billboard"), which Billboard is allowed to remain as a nonconforming sign under Meridian City
Code section 11-113-6, as the same existed on the date of the Connection Agreement; and
WHEREAS, the City has required that Grantor provide cross -access rights to the property
encumbered by the Cross -Access Easement in connection with the Annexation Application;
however, Grantor and the City agree that cross -access across Grantor's Property from the
interface of the properties identified in the Cross -Access Easement is not possible or feasible in
light of the continued existence of the Billboard; and
WHEREAS, the City and Grantor have agreed to provide cross -access rights, subject to a
condition precedent of voluntary, permanent removal of the Billboard by the individual or entity
having legal ownership and control of the Billboard.
DECLARATION OF CROSS ACCESS EASEMENT - 1
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereby agree as follows:
1. Grant of Access Easement. Subject to the limitations and conditions set forth herein,
and subject to the Condition Precedent (as defined in Section 2 hereof), Grantor declares and
grants in the locations legally described on Exhibit C and graphically depicted on Exhibit D (the
"Easement Area"), a non-exclusive perpetual cross -access easement over, on, across, and
through Grantor's Property for ingress and egress to travel between Grantor's Property and the
public right of way from the real property to the immediate east of Grantor's Property
("Grantee's Property").
2. Condition Precedent to Grant of Easement. The Declaration of Easement by Grantor
in Paragraph 1, above, is expressly conditioned upon voluntary, permanent removal of the
Billboard by the individual or entity having legal ownership and control of the Billboard (the
"Condition Precedent"). The Condition Precedent shall not be triggered in the event of
replacement or repair of the Billboard or its components. Each and every right or obligation
contained in this Declaration is contingent upon the occurrence of the Condition Precedent
contained in this Section 2.
3. Purpose of Easement. Upon occurrence of the Condition Precedent, the Easement shall
be used for ingress and egress for vehicular and pedestrian travel by the then -owner of Grantee's
Property ("Grantee") and its respective representatives, tenants, employees, customers, invitees,
and agents. No parking of any vehicles shall be permitted on the Easement Area. Use of the
Easement Area is not exclusively granted, but shall be in common with the use thereof by all
parties.
4. Improvements and Maintenance. Upon occurrence of the Condition Precedent,
Grantor agrees to improve, maintain, and keep unobstructed a paved driveway within the
Easement Area in a smooth and evenly covered condition in accordance with applicable City of
Meridian standards. Such maintenance shall not include removal of snow or ice or any costs
associated therewith.
5. Binding on Successors, Recordation. Upon occurrence of the Condition Precedent, this
Easement shall be binding on Grantor's heirs, successors, administrators, executors and assigns and
shall run with the land and shall be recorded in the real property records of Ada County, Idaho.
6. Easement Obstructions. Upon occurrence of the Condition Precedent, no fence,
landscaping, or other barrier shall be erected or permitted within or across the Easement Area
which would prevent or obstruct the passage of pedestrian or vehicular travel.
7. Enforcement. Upon occurrence of the Condition Precedent, Grantor or Grantee shall
have the right to enforce, by any proceedings at law or in equity, all provisions of this
Declaration.
8. Incorporation of Recitals and Exhibits. The recitals to this Declaration and the
exhibits attached hereto are incorporated herein by reference.
DECLARATION OF CROSS ACCESS EASEMENT - 2
9. No Public Dedication. No use hereunder shall be deemed to constitute the Easement
Area as a public way or a quasi -public way, but to the contrary the Easement shall constitute and
remain a private way and drive.
10. Indemnity. Upon occurrence of the Condition Precedent, by use of the Easement Area,
Grantee agrees to indemnify, defend, and hold harmless Grantor from and against any and all
liability, claims, damages, expenses (including reasonable attorneys' fees and reasonable
attorneys' fees on appeal), judgments, proceedings, and causes of action for injury to or death of
any person or damage to or destruction of any property occurring within the Easement Area as a
result of any act or omission of Grantee or Grantee's invitees, guests, tenants, agents, successors,
or assigns that may be made against Grantor by reason of the easements herein granted
IN WITNESS WHEREOF, the undersigned has caused this Declaration of Cross -Access
Easement to be executed the day and year first written above.
GRANTOR:
10TR & FAIRVIEW, LLC,
an Idaho limited liability company
By: Alturas Capital, LLC,
an Idaho limited liability company
Its: Manager
14 -
By:
1By,: Bake Hansen, Manager
STATE OF IDAHO
) ss.
County of Ada )
On this 2L day of1 -5 2018, before me, a Notary Public in and for the
State of Idaho, personally appeared lake Hansen, known or identified to me, to be the manager
of the limited liability company that executed the instrument or the person who executed the
instrument on behalf of said limited liability company and acknowledged to me that such limited
liability company 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.
a$mti.• T10TgR N NOTA PUBLIC R I O
A
X Residing at / a/k e
s f $ My Commission Expires
o_ ,sPUB
LIC t �s
OF
DECLARATION OF CROSS ACCESS EASEMENT - 3
EXHIBIT A
(Grantor's Property Legal Description)
EXHIBIT A - I
• IDAHO 1450 East Watertower St.
Suite 130
SURVEY Meridian, Idaho 83642
GROUP Phone (208) 846.8570
IiG Fax (208) 884.5399
1035 E. Fairview Avenue
Annexation Description
March 12, 2018
A parcel of land situated in the Northwest 1/4 of the Northeast 1/4 of Section 7, Township 3 North,
Range 1 East of the Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described
as follows:
Commencing at the North 1/4 corner of said Section 7 from which the Northeast corner of said Section 7
bears, South 89°28'06" East, 2,641.02 feet;
Thence along the North boundary of said Section 7, South 89°28'06" East, 833.00 feet to the POINT OF
BEGINNING;
Thence leaving said North boundary, North 00"34'58" East, 15.98 feet to the centerline of E. Fairview
Ave as shown on the official plat of U.S. 30 -Project No. F-3281(5) Highway Survey on file in the office of
the Department of Highways of the State of Idaho;
Thence along said centerline, 85.01 feet Easterly along the arc of a curve to the right having a radius of
57,295.80 feet, a central angle of 00°05'06", and a long chord which bears North 89°54'00" East, 85.01
feet;
Thence leaving said centerline, South 00°34'58" West, 186.92 feet;
Thence North 89°28'06" West, 85.00 feet;
Thence North 00°34'58" East, 170.00 feet to the POINT OF BEGINNING.
Said parcel contains 15,849 square feet or 0.36 acres, more or less.
This description was prepared using record data as shown on Record of Survey No. 481, recorded as
Instrument No. 8334545, records of Ada County, Idaho and was not verified with a survey on the ground
by Idaho Survey Group, LLC.
End of Description.
Page i of i
N'
5 20 80 -1 L
0 10 40 r
SCALE: 1" = 40'
BASIS OF BEARING
S89'28'06"E 2641.02''
E. FAIRVIEW AVE (U.S. HWY 30)
N1/4------�-- --- Cl
6 NO'34'58"E
_ 15.98' 16.92' 6 5
v 833.00' P B 85.00' I 1723.02' 778
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N89'28 06'W 85.00' �'� 9TF F ot.
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CURVE TABLE
CURVE
I RADIUS
I LENGTH
I CHORD DIST.
I CHORD BRG.
DELTA
Cl
1 57295.80
85.01
1 85.01
1 N89'54'00"E
0'05'06"
I Y'N McCP�`�
I
IDAHO 14W E. WATERTOWER ST. EXHIBIT DRAWING FOR 13-059
SURVEY SUITE N.IDANO 8W21035 E. FAIRVIEW AVE. - ANNEXATION SHEET NO.
MER(
(]OB)S 670 DWG. DATE
GROUP, LLC LOCATED IN THE NW 1/4 THE HE I/4 OF N 7, T.JN.. RAE, B.H..
CITY OF MERIDIAN. AOA CWNTV, IDAHO 3/12/2018
EXHIBIT B
(Cross -Access Easement)
EXHIBIT B
ADA COUNTY RECORDER Christopher D. Rich
BOISE IDAHO P9s=4 VICTORIA BAILEY 2016-102024
EDDY CHRISTENSEN 10/24/2010 11:40 AM
AMOUNT:$19.00
II'�I�'lll'I'
002I8 9678 70 7I8I010202400II40II0V41III I V'II'I'
CROSS -ACCESS AGREEMENT
This Agreement is made and entered in to this 7,c>'* clay of October 2010, by
EDDY CHRISTENSEN whose address is 10221 W. Fairview, Boise, ID 83704.
WITNESSETH
WHEREAS, EDDY CHRISTENSEN is the owner of property more filly described as
follows, to wit:
(SEE ATTACHED LEGAL DESCRIPTION, EXHIBIT "A")
NOW THEREFORE in consideration of the mutual covenants contained herein, and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, it is agreed as follows:
EDDY CHRISTENSEN shall provide cross access to the
to the property to the immediate west by means of the attached legal
description. While the property is being used for vehicle sales, cross access
shall be limited to the west through the Fairview entry point.
2. This Agreement shall be binding upon the successors, heirs, executors
administrators, personal representative, or assigns of the Parties and upon all
persons acquiring an interest there under, and shall be a covenant running with
the title to the land herein described.
3. This Agreement and the provision contained herein shall be construed, and
interpreted according to the laws of the State of Idaho hereinafter adopted.
4. The Parties shall cause to have this Agreement recorded and made of public
record in the office of the Ada County Recorded, Boise, Idaho
5. The Patties hereby covenants and agree that this Agreement and the terms
mentioned herein are specifically enforceable because monetary damages
would be insufficient to redress the denial of such easement.
6. This agreement shall run with the land according to the Development
Agreement as approved by the City of Meridian instrument # 2016-057450,
unless terminated by the Parties and the City of Meridian.
Dated this J" day of October, 2010.
0
STATE OF Idaho)
County of Ada)
On this ZOO day of February, 2010 before me 'I" � k&? i>.grs
A Notary Public in and for the State of Idaho, personally appeared Eddy E. Christensen
known or identified to me to be the person who exec his instrument, and
acknowledged to me that lie executed the same.
j�
IN WITNESS WHEREOF, I have hei
day and year first above written.
My commission
DESCRIPTION FOR
CROSS ACCESS EASEMENT
E. FAIRVIEW AVENUE
A cross access easement land located in the NE 1/4 of Section 7, T.3N., RAE., B.M.,
Meridian, Ada County, Idaho more particularly described as follows:
Commencing at the NE corner of said Section 7 from which the N1/4 corner of said
Section 7 bears North 89°26'24" West, 2,641.14 feet;
Thence along the North boundary line of Section 7 North 89026'24" West, 1,405.56 feet;
Thence leaving said North boundary line South 00032'22" West, 30.71 feet;
Thence South 00032'47" West, 15.00 feet to a point on the South right-of-way line of E.
Fairview Avenue;
Thence along said South right-of-way line 179.98 feet along the arc of a curve to the left,
said curve having a radius of 57,230.80 feet, a central angle of 00°10'49" and a long chord of
179.98 feet which bears North 89°48'42" West to the REAL POINT OF BEGINNING;
Thence leaving said South right-of-way line South 00000'26" East, 49.21 feet;
Thence North 00000'00" West, 138,27 feet;
Thence North 00032'22" East, 20.00 feet;
Thence North 00000'00" East, 118.07 feet;
Thence North 00°00'26" West, 29.24 feet to a point on the South right-of-way line of E.
Fairview Avenue;
Thence along said South right-of-way line 20.00 feet along the are of a non -tangent
curve to the right, said curve having a radius of 57,230.80 feet, a central angle of 00001'12" and
a long chord of 20.00 feet which bears South 89°54'43" East to the REAL POINT OF
BEGINNING.
1/4 6 BASIS OF BEARING
9'2 '24"W 2641_14'
�7 1235.58 E. FAIRVIEW AVENUE
29.24'
118.07'
138.27'
20.00'
REAL POINT
OF BEGINNING
C2 Cl
XN
r--SO'00'26"E
49.21'
CURVE TABLE
CURVE
RADIUS
LENGTH
CHORD DIST.
CHORD BRIG.
DELTA
C1
57230.80
179.98
179.98
N89'48'42"W
0'10'49"
C2
57230.80
20.00
20.00
S89'54'43"E
0'01'12"
— — 1405.56' 6 5
SO'32'22'W- 7 8
30.71'
15.00'
®
25 100
05 50 150
SCALE: 1 " = 50'
EXHIBIT DRAWING FOR
IDAHO
CROSS ACCESS EASEMENT
E. FAIRVIEW AVENUE
LOCATED IN THE HE 1/4 OF SECTION 7• T.K. R.1E.• B.M..
MERIDIAN, ADA CCUNTY, IDAHO
1458 E. 1VATERTOMR ST.
SUITE
SURVEY
MEFNIA°
EwaAN, IDAHO
GROUP, P.C.
e5ea2
Fme) BIBd5T0
18-083
10/7/2018
EXHIBIT C
(Easement Area Legal Description)
EXHIBIT C
• IDAHO
SURVEY
GROUP
1035 E. Fairview Ave
Cross Access Easement
June 16, 2018
9955 W Emerald St
Boise, ID 83704
Phone: (208) 846-8570
Fax: (208) 884-5399
A strip of land situated in the Northwest 1/4 of the Northeast 1/4 of Section 7, Township 3 North,
Range 1 East of the Boise Meridian, City of Meridian, Ada County, Idaho and more particularly
described as follows:
Commencing at the North 1/4 corner of said Section 7 from which the Northeast corner of said
Section 7 bears, South 89°26'24" East, 2,641.14 feet; thence along the North boundary of said
Section 7, South 89°26'24" East, 833.00 feet; thence South 00°36'40" West, 41.03 feet to the
South right-of-way line of E. Fairview Ave; thence along said South right-of-way line, 50.33 feet
along the arc of a curve to the right having a radius of 57,238.80 feet, a central angle of 00°03'01"
and a long chord which bears North 89°54'37" East, 50.33 feet to the REAL POINT OF
BEGINNING;
thence continuing along said South right-of-way line, 20.00 feet along the arc of a curve
to the right having a radius of 57,238.80 feet, a central angle of 00°01'12" and a long chord which
bears North 89°56'44" East, 20.00 feet;
thence leaving said South right-of-way line, South 00032'22" West, 22.34 feet;
thence North 90°00'00" East, 14.53 feet;
thence South 00'32'22" West, 20.00 feet;
thence North 90°00'00" West, 34.53 feet;
thence North 00°32'22" East, 42.32 feet to the REAL POINT OF BEGINNING.
Containing 1,137 square feet, more or less.
End of Description.
Page 1 of 1
EXHIBIT D
(Depiction of Easement Area)
EXHIBIT D
N
JL
2 10 40
0 5 20
SCALE: 1" = 20'
N1/4BASIS OF BEARING
................$89'2624'`E ...........................
1808.14 7T8
Cpl LANO
0
11779 A
�0
TF OF
i
"ccP�
E. FAIRVIEW AVE.
REAL POINT -
OF BEGINNING
N 90'00
1035 E. FAIRVIEW AVE.
CURVE TABLE
CURVE
RADIUS
LENGTH
CHORD DIST.
CHORD BRG.
DELTA
Ct
57238.80
20.00
20.00
N89'56'44"E
0'01'12"
C2
57238.80
50.33
50.33
N89'54'37"E
0'03'01"
IDAHO
9ASSW.EAHO837 AT.
SURVEY
801W.5IDAHO ALTs
(2W)A 570
GROUP, LLC
i3
r1� N
N
I M
1
Ip
14.53'
EXHIBIT DRAWING FOR
CROSS ACCESS EASEMENT
1035 E. FAIRVIEW AVENUE
LOCATED IN THE NW 1/4 OF THE NE 1/4 OF SECTION 7, T.3N., R.1E., B.M.,
CITY OF MERIDIAN, ADA CODNTY, IDAHO
13-059
7/16/2018