CC - Easement (Recorded)ADA COUNTY RECORDER Christopher D. Rich 2018-039112
BOISE IDAHO Pgs=4 LISA BATT 05/01/2018 10:41 AM
SPINK BUTLER AMOUNT:$19.00
00490707201800391120040048
RECORDING REQUESTED BY AND ADA COUNTY RECORDER Christopher D. Rich 159
_039
WHEN RECORDED RETURN TO: BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 05/01 201801$ 39/2018 PM
City of Meridian SPINK BUTLER AMOUNT -$31.00
City Clerk 111111111111111111111111111111111111111111111111111
33 E. Broadway Ave
Meridian, Idaho 83642 00490758201800391590080084
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DECLARATION OF CROSS -ACCESS EASEMENT
This Declaration of Cross -Access Easement is made effective this 2$ day of Apra ( ,
2018 by ALTURAS 1550 TECH LANE, LLC, an Idaho limited liability company ("Grantor"),
for the benefit of the real property located at 800 W. Overland Rd., Meridian Idaho, currently
owned by E-13 INVESTMENTS, LLC, an Idaho limited liability company ("Grantee") and more
particularly described herein.
RECITALS:
WHEREAS, Grantor is the owner of that certain property commonly referred to as 1550
Tech Lane, Meridian, Idaho, as more fully described in Exhibit A attached hereto and made a
part hereof ("Grantor's Property"); and
WHEREAS, Grantor and Grantee are currently commonly using an access onto Overland
Road near the intersection with Stoddard Road, located on the common boundary of Grantor's
Property and Grantee's Property (as defined below); and
WHEREAS, Grantor desires to grant to Grantee a cross -access easement for
interconnectivity in favor of that certain adjoining property identified as Ada County Parcel
Number S 1213438401 and legally described in Exhibit B attached hereto and made a part hereof
("Grantee's Property"), subject to the terms and conditions outlined hereafter.
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,
Grantor hereby declares and grants for the benefit of Grantee's Property a non-exclusive
perpetual cross -access easement over, on, across, and through Grantor's Property for ingress and
egress to travel between adjacent properties and the public right of way on the location legally
described on Exhibit C and graphically depicted on Exhibit D (the "Easement Area").
2. Purpose of Easement. The Easement shall be used for ingress and egress for vehicular
and pedestrian travel by 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.
3. Condition Precedent to Grant of Easement. The Declaration of Easement by Grantor
in Paragraph 1, above, is expressly conditioned upon Grantee's grant of a recorded reciprocal
DECLARATION OF CROSS ACCESS EASEMENT - 1
cross -access easement substantially equivalent to the provisions hereof for the benefit of
Grantor's Property, which interfaces the common property line at the same location as the
Easement Area. In the event that Grantee's Property is denied permanent access to the public
right of way as a condition of a future development approval process, this Condition Precedent
shall be deemed satisfied.
4. Improvements and Maintenance. 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. 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. 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. Grantor or Grantee shall have the right to enforce, by any proceedings at
law or in equity, all provisions of this Declaration of Cross -Access Easement.
8. Incorporation of Recitals and Exhibits. The recitals to this Declaration of Cross -
Access Easement and the exhibits attached hereto are incorporated herein by reference.
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. By use of the Easement Area, Grantee hereby 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
DECLARATION OF CROSS ACCESS EASEMENT - 2
IN WITNESS WHEREOF, the undersigned has caused this Declaration of Cross -Access
Easement to be executed the day and year first written above.
GRANTOR:
ALTURAS 1550 TECH LANE, LLC,
an Idaho limited liability company
By: Alturas Management Group LLC,
an Idaho limited liability company
Its: Manager
4 --
By.: Blake Hansen, Manager
STATE OF IDAHO )
ss.
County of Ada )
On this day of 409r,- ( , 2018, before me, a Notary Public in and for the
State of Idaho, personally appear d Blake 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.
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DECLARATION OF CROSS ACCESS EASEMENT - 3
(Grantor's Property Legal Description)
PARCEL I:
A PARCEL OF LAND SITUATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN,
ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 5/8 INCH PIN MARKING THE SOUTH QUARTER CORNER OF SAID
SECTION 13 AND THE POINT OF BEGINNING; THENCE
NORTH 00011'52" EAST, 547.89 FEET ALONG THE EAST LINE OF SAID SOUTHWEST
QUARTER OF SECTION 13; THENCE LEAVING SAID EAST LINE
NORTH 90000'00" WEST, 578.50 FEET; THENCE
SOUTH 00006'51" WEST, 542.31 FEET TO THE SOUTH LINE OF SAID SOUTHWEST
QUARTER OF SECTION 13, SAID LINE ALSO BEING THE CENTERLINE OF OVERLAND
ROAD; THENCE
SOUTH 8902627" EAST, 577.68 FEET ALONG SAID SOUTH LINE TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM:
A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN,
SAID PARCEL ALSO BEING A PORTION OF THAT WARRANTY DEED FILED AS
INSTRUMENT NO. 100034346, RECORDS OF ADA COUNTY, IDAHO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARATER (SOUTH QUARTER CORNER) OF SECTION 13, SAID POINT
BEING THE REAL POINT OF BEGINNING; THENCE NORTH 0030'54" EAST, 48.00 FEET
(FORMERLY NORTH 0011'52" EAST), ALONG THE EAST BOUNDARY OF SAID
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER TO A POINT; THENCE NORTH
89007'25" WEST, 577.75 FEET PARALLEL TO SAID SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER TO A POINT ON THE WEST BOUNDARY OF SAID WARRANTY
DEED; THENCE SOUTH 0025'53" WEST, 48.00 FEET (FORMERLY SOUTH 0°06'51"
WEST) TO A POINT ON THE SOUTH BOUNDARY OF SAID SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER AND THE SOUTHWEST CORNER OF SAID WARRANTY
DEED; THENCE SOUTH 89007'25" EAST, 577.68 FEET (FORMERLY SOUTH 89026'27"
EAST, 577.68 FEET) ALONG SAID SOUTH BOUNDARY OF SECTION 13 TO THE REAL
POINT OF BEGINNING.
PARCEL II:
A PERPETUAL NON-EXCLUSIVE EASEMENT, THROUGH, UNDER, OVER, UPON AND
ACROSS THAT PORTION OF THE PROPERTY DESCRIBED IN EXHIBIT B IN THAT
RESTATED DECLARATION OF EASEMENT AND RESTRICTIVE COVENANTS, RECORDED
JUNE 29, 2007 AS INSTRUMENT NO. 107093616, AND WHICH WAS PREVIOUSLY
SHOWN ERRONEOUSLY AS RECORDED JUNE 28, 2007, AS INSTRUMENT NO.
107092101, DESCRIBED AS FOLLOWS:
A PARCEL OF LAND BEING A PORTION OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE
MERIDIAN, ADA COUNTY, IDAHO, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT AN IRON PIN MARKING THE SOUTH QUATER CORNER OF SAID
SECTION 13; THENCE ALONG THE SOUTH BOUNDARY OF SAID SECTION 13, WHICH
EXHIBIT A -1
IS ALSO THE CENTERLINE OF WEST OVERLAND ROAD, NORTH 89026'27" WEST,
577.68 FEET TO A POINT; THENCE LEAVING SAID SOUTH BOUNDARY NORTH
00006'51" EAST, 48.00 FEET TO AN IRON PIN ON THE NORTH RIGHT OF WAY LINE OF
SAID WEST OVERLAND ROAD, SAID POINT BEING THE POINT OF BEGINNING;
THENCE ALONG SAID NORTH RIGHT OF WAY LINE NORTH 89026'27" WEST, 71.53
FEET TO A POINT; THENCE LEAVING SAID NORTH RIGHT OF WAY LINE NORTH
01016'26" EAST, 66.48 FEET TO A POINT ON A CURVE TO THE RIGHT WITH A RADIUS
OF 60.84 FEET, A CENTRAL ANGLE OF 20054134", A LENGTH OF 22.20 FEET AND A
CHORD WHICH BEARS NORTH 10033'39" EAST, 22.08 FEET; THENCE LEAVING SAID
CURVE, NORTH 21012'15" EAST, 25.61 FEET TO A POINT ON A CURVE TO THE LEFT
WITH A RADIUS OF 27.61 FEET, A CENTRAL ANGLE OF 21043'58", A LENGTH OF 10.47
FEET AND A CHORD WHICH BEARS NORTH 10045'10" EAST, 10.41 FEET; THENCE
LEAVING SAID CURVE, NORTH 00004'22" WEST, 48.26 FEET TO A POINT; THENCE
NORTH 00008'45" EAST, 51.63 FEET TO A POINT; THENCE NORTH 00000'41" EAST,
52.56 FEET TO A POINT; THENCE NORTH 00026'21" WEST, 46.70 FEET TO A POINT;
THENCE NORTH 00015'59" EAST, 160.00 FEET TO A POINT; THENCE NORTH
00004'27" EAST, 14.71 FEET TO A POINT ON A CURVE TO THE LEFT WITH A RADIUS
OF 14.00 FEET, A CENTRAL ANGLE OF 52021'08", A LENGTH OF 12.79 FEET AND A
CHORD WHICH BEARS NORTH 26006'07" WEST, 12.35 FEET TO A POINT OF REVERSE
CURVE TO THE RIGHT WITH A RADIUS OF 59.50 FEET, A CENTRAL ANGLE OF
285027'47", A LENGTH OF 296.45 FEET AND A CHORD WHICH BEARS SOUTH
89032'48" EAST, 72.06 FEET TO A POINT OF REVERSE CURVE TO THE LEFT WITH A
RADIUS OF 14.00 FEET, A CENTRAL ANGLE OF 53007'06", A LENGTH OF 12.98 FEET
AND A CHORD WHICH BEARS SOUTH 26037'33" WEST, 12.52 FEET TO A POINT;
THENCE SOUTH 00004'00" WEST, 1.59 FEET TO A POINT; THENCE SOUTH 90000'00"
WEST, 5.72 FEET TO A POINT; THENCE SOUTH 00006151" WEST, 494.56 FEET TO THE
POINT OF BEGINNING.
EXHIBIT A - 2
EXHIBIT B
(Grantee's Property Legal Description)
A parcel located in the Southwest quarter of the Southeast quarter of Section 13, Township
3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as
follows:
Commencing at a 5/8 inch diameter iron pin marking the Southwesterly corner of said
Southwest quarter of the Southeast quarter, from which a brass cap monument marking the
Southeasterly corner of the Southeast quarter bears North 89°39'20" East a distance of
2618.78 feet; thence
North 0°02'54" West along the Westerly boundary of said Southwest quarter of the
Southeast quarter a distance of 30.00 feet to the Point of Beginning; thence continuing
North 0102'54" West a distance of 305.60 feet to a 5/8 inch diameter iron pin; thence leaving
said Westerly boundary
North 89139'20" East a distance of 165.00 feet to a 5/8 inch diameter iron pin; thence
South 0°02'54" East a distance of 305.60 feet to a point; thence
South 89039'20" West a distance of 165.00 feet to the point of beginning.
Excepting therefrom that certain property conveyed to Ada County Highway District by
Instrument No. 102124500, records of Ada County, Idaho.
EXHIBIT B
EXHIBIT C
(Easement Area Legal Description)
DAi-i O 9955 W Emerald St
SURVEY Boise, ID 83704
GROUP Phone: (208) 846-8570
Fax: (208) 884-5399
1550 S. Tech Lane
Cross -Access Easement Description
April 10, 2018
A strip of land situated in the Southeast 1/4 of the Southwest 1/4 of Section 13, Township 3
North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at a Brass Cap marking the South 1/4 corner of said Section 13 from which the
West 1/16 corner of said Section 13 bears North 89°35'04" West, 1327.84 feet; Thence along the
East boundary of the Southwest 1/4 of said Section 13, North 00°02'47" East, 48.00 feet to the
North right-of-way line of West Overland Road, and the REAL POINT OF BEGINNING;
Thence leaving the East boundary of the Southwest 1/4 of said Section 13, North 89°35'04" West,
30.00 feet along said North right-of-way line;
Thence leaving said North right-of-way line, North 00"02'47" East, 47.60 feet;
Thence South 89°35'04" East, 30.00 feet to the East boundary of the Southwest 1/4 of said
Section 13;
Thence along said East boundary, South 00"02'47" West, 47.60 feet to the REAL POINT OF
BEGINNING.
Said strip of land contains 1,428 square feet, more or less.
End of Description.
EXHIBIT C
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EXHIBIT D
(Depiction of Easement Area)
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BASIS OF BEARING
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EXHIBIT DRAWING FOR JOB N0.
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SUITE 130
155 S. TECH LANE
SURVEY MERIDIAN, IDAHO 93642 SHEET NO
(206)84&8570 CROSS ACCESS EASEMENT 1
GROUP LLC LOCA tED IN THE SE 1/4 OF THE SW 1/4 OF SECTION 13, T.3N., RAW.. B -M.. DWG. DATE
CITY Of MERIDIAN, AOA COUNTY, IDAHO 4/10/2018
EXHIBIT D
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EXHIBIT DRAWING FOR JOB N0.
IDAHO 1e -1,T
SUITE 130
155 S. TECH LANE
SURVEY MERIDIAN, IDAHO 93642 SHEET NO
(206)84&8570 CROSS ACCESS EASEMENT 1
GROUP LLC LOCA tED IN THE SE 1/4 OF THE SW 1/4 OF SECTION 13, T.3N., RAW.. B -M.. DWG. DATE
CITY Of MERIDIAN, AOA COUNTY, IDAHO 4/10/2018
EXHIBIT D