HomeMy WebLinkAboutScan_2018040214361689ADA COUNTY RECORDER Christopher D. Rich 2018-029031
BOISE IDAHO Pgs=15 CHE FOWLER 04/0212018 01:13 PM
BERKELEY BUILDING CO AMOUNT:$52.00
II1III111111 I III1111IIIIIIIIV II IIIIII1111 1111111
00479732201800290310150157
CROSS ACCESS EASEMENT AGREEMENT
This Cross Access Easement Agreement (this "Agreement") is made this /4a" day of
Y4,1 (,_, 2018, by and between Berkeley Building Company, Inc., an Idaho corporation
whose address is 2275 S. Eagle Road, Suite 185, Meridian, Idaho 83642 ("Berkeley"), Thair Pond, a
married man dealing with his sole and separate property whose address is 2980 N. Meridian Road,
Meridian, Idaho 83642 ("Mr. Pond"), and Thair Pond as Trustee of the Pond Family Revocable Living
Trust whose address is 2980 N. Meridian Road, Meridian, Idaho 83642 ("Trust"). Berkeley, Mr. Pond
and the Trust may be referred to herein individually as a "Party" or collectively as the "Parties".
RECITALS
WHEREAS, Berkeley is the owner of that certain real property legally described on the attached
Exhibit A, which is made a part hereof, and shown on the attached Exhibit E, which is made a part hereof
("Berkeley Property"); and
WHEREAS, Mr. Pond is the owner of that certain real property legally described on the attached
Exhibit B, which is made a part hereof, and shown on the attached Exhibit E ("Pond Property"); and
WHEREAS, the Trust is the owner of that certain real property legally described on the attached
Exhibit C, which is made a part hereof, and shown on the attached Exhibit E ("Trust Property"); and
WHEREAS, Berkeley and Mr. Pond wish to grant to Mr. Pond and the Trust a non-exclusive
access easement on, over, across and through those certain portions of the Berkeley Property and Pond
Property legally described on the attached Exhibit D, which is made a part hereof, and shown on the
attached Exhibit E ("Easement Property"); and
WHEREAS, the Parties also wish to delineate the maintenance and other rights, duties and
obligations associated with the Easement Property.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the Parties hereby agree as follows:
1. BERKELEY AND MR. POND GRANT: Berkeley and Mr. Pond hereby grant to Mr. Pond and
the Trust, for the benefit of the Pond Property and Trust Property, and any and all owners thereof, a non-
exclusive access easement on, over, across and through the Easement Property, the scope and purpose of
which are for vehicular and pedestrian ingress to, and egress from, the Pond Property and Trust Property
by the owners thereof, as well as their respective family members, invitees and licensees.
Notwithstanding the foregoing and in addition to any other terms and restrictions contained in this
Agreement, Mr. Pond and the Trust hereby agree the grant of this access easement is limited as
follows:
a. Access to the Pond Property and Trust Property through the Easement Property
shall occur only on the paved driveway as it exists on the effective date hereof;
b. Access to the Trust Property shall occur only through the two existing access points
from the Pond Property to the Trust Property as those access points exist on the
effective date hereof,
c. Berkeley, at its sole cost and expense, shall have the right to landscape any portion
of the Easement Property other than the existing paved driveway;
EASEMEN'r AGREEMENT - 1
d. Berkeley, at its sole cost and expense, shall have the right to construct, operate,
maintain, repair and/or replace underground utilities through the Easement
Property which serve the Berkeley Property; and
e. Other than landscaping provided by Berkeley, nothing shall be placed, stored or
parked within the Easement Property.
2. MAINTENANCE AND REPAIR: Berkeley, at its sole cost and expense, shall maintain, repair
and replace any and all landscaping located within the Easement Property. Notwithstanding the forgoing,
in the event any maintenance, repair or replacement is caused by Mr. Pond or the Trust, or either of their
family members, invitees or licensees, the cost of such maintenance, repair and/or replacement shall be
the responsibility of such Party.
Mr. Pond and the Trust, at their sole cost and expense in equal shares, shall maintain, repair and
replace the existing driveway located within the Easement Property. Any such maintenance, repair and
replacement must be agreed upon in writing by both parties. Notwithstanding the forgoing, in the event
any maintenance, repair or replacement is caused by Berkeley, or its employees, contractors, customers,
invitees or licensees, the cost of such maintenance, repair or replacement shall be the responsibility of
Berkeley.
3. DEDICATION TO ACRD: Each Party acknowledges that Berkeley is in the process of
developing the Berkeley Property into a single family residence subdivision. As part of this development
process, the Ada County Highway District ("ACHD") will require a portion of the Easement Property be
dedicated to ACHD for the purpose of a public right-of-way to be owned and maintained by ACHD.
Each Party shall fully cooperate with such dedication, including, without limitation, the legal transfer of
any portion of the Easement Property to ACHD. In addition, once dedicated, the dedicated portion of the
Easement Property shall no longer by subject to this Agreement without any further action required by the
Parties.
4. BINDING EFFECT: All provisions of this Agreement, including the benefits and burdens, run
with the land and are binding upon and inure to the benefit, obligation and use of the Parties hereto, as
well as their respective successors and assigns.
5. NON-EXCLUSIVE RIGHT: The right to use the Easement Property by Mr. Pond and the Trust
is not exclusive. Berkeley, its employees, contractors, customers, invitees, licensees, successors and
assigns, shall all have the right to use the Easement Property for vehicular and pedestrian ingress to, and
egress from, the Berkeley Property, as well as the construction, operation, maintenance, repair and
replacement of utilities serving the Berkeley Property.
6. REMEDIES: In the event of a breach hereunder by any Party, the non -breaching Party or Parties
shall have all remedies available at law or in equity, including injunctive or other equitable relief. In any
suit, action or appeal therefrom to enforce or interpret this Agreement, the prevailing Party or Parties shall
be entitled to recover its/their costs incurred therein, including reasonable attorneys' fees and costs, and
also including reasonable attorneys' fees and costs associated with any appeal or bankruptcy proceeding.
7. FURTHER ASSURANCES: Each Party hereto shall execute, acknowledge and deliver to the
other such other documents and instruments, and take such other actions, as either shall reasonably
request, or as may be reasonably necessary, to consummate the transactions contemplated in this
Agreement.
8. ENTIRE AGREEMENT/AMENDMENT/WAIVER: This Agreement embodies the entire
agreement between the Parties hereto with respect to the subject matter hereof. No extension, change,
modification, waiver or amendment to or of this Agreement, or any term, covenant, representation or
warranty contained herein, of any kind whatsoever, shall be made or claimed by any Party unless the
same shall be endorsed in writing by all Parties and recorded in the records of Ada County, Idaho.
EASEMENT AGREEMENT - 2
9. SEVERABILITY: If any term or provision of this Agreement shall be held invalid or
unenforceable to any extent, the remaining terms, conditions, covenants, representations and warranties of
this Agreement shall be null and void and of no further force or effect without any further action required
by any Party.
10. GOVERNING LAWNENUE: The Parties hereto agree that this Agreement shall be governed
by the laws of the State of Idaho and the courts of the Fourth Judicial District, Ada County, Idaho, shall
be the proper venue.
1 l . CONSTRUCTION: All Parties to this Agreement have been, or have had the opportunity to be,
represented by legal counsel in the course of the negotiations for and the preparation of this Agreement.
Accordingly, in all cases, the language of this Agreement shall be construed simply, according to its fair
meaning, and not strictly for or against any Party regardless of which Party caused the preparation of this
Agreement.
12. AUTHORITY: Each person signing this Agreement on behalf of any entity, warrants and
represents that he has full authority to so execute this Agreement on behalf of such entity.
13. COSTS: Any costs due and owing from any Party described herein shall be paid within thirty
(30) days after receipt of an invoice therefore.
14. COMPLIANCE WITH APPLICABLE LAWS: Each Party shall comply in all respects with any
and all federal, state and local statutes, laws, ordinances, codes, regulations and rules in connection with
the use of the Easement Property.
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed the day
and year first above written.
Berkeley Building Company, Inc.,
an Idaho corporation
M
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Thai Pond
Thair Pond, as Trustee of the
Pond Family Revocable Living Trust
EASEMENT AGREEMENT - 3
STATE OF IDAHO )
) ss.
County of Ada )
This record acknowledged before me on �—�[� —l� , 2018, by Joseph Atalla as the
President Ber ley Building Company, Inc.
Signature of Notary Public r�'°7 a 1. Wleb �`•r�
My commission expires:
Aesiding at Caldwell, ID
My Commission Expires: 05-05-2023
STATE OF IDAHO )
) ss.
County of Ada )
i
This record nowledged before me on ,3 -3U —/d , 2018, by Thair Pond.
Signature of Notary P lic a
My commission expires:
Residing at Caldwell, ID
My Commission Expires: 05.05-2023
STATE OF IDAHO )
) ss.
County of Ada )
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This record was acknowledged before me on -3 ' ����1 , 2018, by Thair Pond as the Trustee
of the Pon j ly Revocable Living Trust.
Signature of Notary Public
My commission expires:
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Residing at Caldwell, ID
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My Commission Expires: 05-05-2023
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EASEMENT AGREEMENT - 4
Exhibit A
Legal Description of Berkeley Property
See attached.
EASEMENT AGREEMENT - 5
EXHIBIT
DESCRIPTION FOR
POND REMAINDER PARCELPRcPCRT�
A parcel of land located in the NW 1/4 of the NW 1/4 of Section 6, Township 3 North,
Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, more particularly described as
follows:
Commencing at the NW corner of said Section 6 from which the West 1/4 corner of said
Section 6 bears South 00°17'20" West, 2658.34 feet:
thence along the West boundary line of said Section 6 South 00°17'20" West, 569.20
feet;
thence leaving the said West boundary line South 89°33'40" East, 59.33 feet to a point
on the East right-of-way line of N. Meridian Road:
thence along said East right-of-way South 01°27'21" West, 10.00 feet to the REAL
POINT OF BEGINNING;
thence South 89°33'40" East, 88.65 feet;
thence 56.78 feet along the arc of a curve to the right, said curve having a radius of
77.00 feet. a central angle of 4214'47" and a long chord which bears South 68°26'16" East,
55.50 feet:
thence South 89033'40" East, 56.26 feet;
thence South 01°27'21" West, 116.64 feet;
thence South 55002'42" East, 34.85 feet;
thence South 89°42'40" East, 183.56 feet;
thence North 00°17'20" East, 84.17 feet;
thence North 20033'46" East, 41.18 feet:
thence North 00°17'20" East, 43.05 feet;
thence South 89°33'40" East, 109.73 feet;
thence South 00°17'20" West, 467.61 feet to a point on the North boundary line of
Highgate Subdivision Phase 2 as filed in Book 90 of Plats at Pages 10,514 through 10,515,
records of Ada County, Idaho, said point also being on the centerline of Onweiler Lateral;
thence along said North boundary line and along the centerline of the Onweiler Lateral
the following four course and distances:
Page 1 of 2
thence South 80°27'38" West, 1.31 feet;
thence South 88°07'04" West, 67.45 feet;
thence North 85038'57" West, 72.50 feet;
thence North 67°26'44" West, 49.00 feet to NE corner of Silhouette Subdivision as filed
in Book 87 of Plats at Pages 9,846 and 9,847, records of Ada County, Idaho;
thence along the North boundary line of said Silhouette Subdivision and continuing along
the centerline of the Onweiler Lateral the following three course and distances:
thence North 63°58'43" West, 120.07 feet;
thence 78.54 feet along the arc of a curve to the right, said curve having a radius of
500.00 feet, a central angle of 09°00'00" and a long chord which bears North 59°28'43" West,
78.46 feet;
thence North 54°58'43" West, 219.84 feet to a point on the East right-of-way line of N.
Meridian Road;
thence along said East right-of-way line the following three course and distances;
thence North 01 °27'21 " East. 60.05 feet;
thence North 12045'57" East, 40.79 feet;
thence North 01'27'21 " East, 121.35 feet to the REAL POINT OF BEGINNING.
Containing 3.905 acres. more or less.
NSFD. G'P�
7729 °
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Page 2 of 2
Exhibit B
Legal. Description of Pond Property
See attached.
EASEMENT AGREEMENT - 6
5 -41 t4 i t?7'iT 16
DESCRIPTION FOR
POND RETENTION PARCEL
A parcel of land located in the NW 114 of the NW 1/4 of Section 6, Township 3 North.
Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, more particularly described as
follows:
Commencing at the NW corner of said Section 6 from which the West 1/4 corner of said
Section 6 bears South 00°17'20" West, 2658.34 feet;
thence along the West boundary line of said Section 6 South 00°17'20" West, 569.20
feet;
thence leaving the said West boundary line South 89°33'40" East, 59.33 feet to a point
on the East right-of-way line of N. Meridian Road, said point also being the REAL POINT OF
BEGINNING:
thence continuing South 89°33'40" East. 344.99 feet;
thence North 00°26'20" East, 8.53 feet;
thence South 89°33'40" East, 75.55 feet;
thence South 00°26'20" West, 8.53 feet;
thence South 00°17'20" West, 43.05 feet:
thence South 20°33'46" West, 41.18 feet;
thence South 00°17'20" West, 84.17 feet;
thence North 89042'40" West, 183.56 feet:
thence North 55°02'42" West, 34.85 feet;
thence North 01°27'21" East, 116.64 feet;
thence North 89°33'40" West, 56.26 feet;
thence 56.78 feet along the arc of a non -tangent curve to the left, said curve having a
radius of 77.00 feet, a central angle of 42°14'47" and a long chord which bears North 68°26'16"
West, 55.50 feet;
thence North 89°33'40" West, 88.65 feet to a point on the East right-of-way line of N.
Meridian Road;
thence along said East right-of-way line North 01°27'21" East, 10.00 feet to the REAL
POINT OF BEGINNING. Containing 0.91 acres, more or less. ; 7
fi
7729
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OF
RY G.
Exhibit C
Legal Description of Trust Property
See attached.
EASEMFNT AGREEMENT - 7
c- -/� �+iE3[ IT C=
PARCELA
(DESCRIPTION FOR
3034141 MERIDIAN ROAD
A PORTION OF GOVERNMENT LOT 4, SECTION 6,
T.3N., RAE., BM, ADA COUNTY, MERIDIAN, IDAHO
A PARCEL OF LAND BEING PORTION Of LOT 4 SECTION 6, TOWNSHIP 3 NORTH, RANGE 1
EAST, BOISE MERIDIAN, MERIDIAN CITY, ADA COUNTY, IDA110, MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORT14 WEST CORNER OF SAID GOVERNMENT LOT 4. ALSO BEING
ON THE CENTERLINE OI' N. MERIDIAN ROAD AT W. USTICK ROAD, T HENCE S 0°17'06" W
569.20 FEET ALONG THE WESTERLY BOUNDARY OF SAID LOT; THENCE S 89°33'54" E 59.33
FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF SAID N MERIDIAN ROAD. ALSO
BEING THE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE N 1"27'07" E 111.29 FEET ALONG SAID EASTERLY RIGI-IT-O -WAY TO A POINT;
THENCE N 5°5944 "E 30.27 FEET ALONG SAID RIGHT-OF-WAY TO A POINT;
THENCE S 89033'54" E 52499 FEET TO A POINT;
'THENCE S 0''17'06" W 141.40 FEET TO A POINT;
THENCE N 89033'54" W 109.73 FEET TO A POINT;
THENCE N 0026'06" E 8.53 FEET TO A POINT;
THENCE N 89033'54" W 75.55 FEET TO A POINT;
THENCE S 02.6'06" W 8.53 FEET TO A POINT,
'THENCE N 89033'54" W 344.99 FEET TO THE POINT OF BEGINNING.
']`HIS PARCEL CONTAINS 1.701 ACRES MORE OR LESS.
BEARINGS HEREIN USED ARE BASED ON THE SAID CENT'FRL.INE OF N MERIDIAN ROAD
BEARING S 017'06 W.
DEAN W. BRIGGS, P.L.S. 3619
Amended -3034 N Meridian Rd December 22, 2017 Page I of I
Exhibit D
Legal Description of Easement Property
See attached.
EASEMENT AGREEmEN'r - 8
EXHIBIT .D
DESCRIPTION FOR
CROSS ACCESS EASEMENT
POND SUBDIVISION
A portion of the NW 1/4 of the NW 1/4 of Section 6, Township 3 North, Range 1 East,
Boise Meridian, Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the NW corner of said Section 6 from which the West 1/4 corner of said
Section 6 bears South 00°17'20" West, 2658.34 feet;
thence along the West boundary line of said Section 6 South 00°17'20" West, 569.20
feet;
thence leaving the said West boundary line South 89°33'40" East, 59.33 feet to a point
on the East right-of-way line of N. Meridian Road to the REAL POINT OF BEGINNING;
thence continuing South 89°33'40" East, 251.99 feet;
thence North 00032'53" East, 3.85 feet;
thence South 89033'40" East, 4.98 feet;
thence South 00026'20" West, 33.85 feet;
thence North 89033'40" West, 257.51 feet;
thence North 01 °27'21" East, 30.00 feet to the REAL POINT OF BEGINNING.
Cd
Page I of 1
Exhibit E
Depiction of Berkeley Property, Pond Property, Trust Property and Easement Property
See attached.
EASEMENT AGRT EMENT- 9
USTICK ROAD
T.4N., RAW., B.M. S36 S31 T.4N., R.IE., B.M.
T3N., RAW., B.M. S1 S6 T3N., RIE., B.M.
(N5 -59'44"E)
N 5'59' 54"E
30.27'
—1 F -1I
0
N^w
pj w ,
"- r_F
(S8933'54"E)
S89'33'40"E 524.99'
TRUST PROPERTY
1.69 ACRES
I[) N
(S89'33'54"E) 1
S89'33'40"E I N N I
59.33' I Z z N1'27'21"E SO'26'20"W
10.00' (S89'33'54"E) 8.53'
S 89'33'40"E 344.99'
� > S89'33'40"E ❑
S89'33'40"E
75.55' 1
01
SO'26'20"WI
8.53'
(S89'33'54"E)
S89'33' 40"E
109.73
1
I w FAA
FACFN56.26' 1
T
T r--� NO -17-20"F
NIM PROPERTY I 43.05'
00 (V 1 N S8933'40"E
Z 00 z 88.65' N `O POND PROPERTY w N20'33'46"E
E
� Q ;n 40,326 s.f. o 41.18'
N
m ^I Do
`o � o � I N12'45'S7"E LFI Z
N o N � I 40.79'
N S55'02'42"E� S89'42'40"E 183.56'
m o Z N1'27'21 "E 34.85' i co
60.05' BERKELEY
GAG PROPERTY
L \S 0 3.91 ac.
C ��seg 7729
�. F OF \V <<c.
1/4 \ CORY G. G P'
S1 S6 C2 N67'26'44"W
Ng3s 49.00'
8
12� 43•x,1, N88'07'04"E
'5 100 300 OJ' 67.45'
0 50 200 N85'38'57"WA
J
SCALE: 1 " = 100' 72.so' J
580'27'38 W
CURVE TABLE
CURVE
RADIUS
LENGTH
CHORD DIST.
CHORD BRG.
DELTA
Cl
77.00
56.78
55.50
N68'26'16"W
42'14'47"
C2
500.00
78.54
78.46
N59'28'43"W
9'00'00"
IDAHO1450
E. WATERTOWER ST.
SUTE 130
SURVEY
MEI IDIAN, IDAHO 83642
(208)846-8570
GROUP, LLC
EXHIBIT DRAWING FOR
CROSS ACCESS AGREEMENT
LOCATED IN THE NW Y. OF THE NW N OF SECTION 6, T.3N.,
RAE.. B.M.. MERIDIAN, ADA COUNTY, IDAHO
1.31'
I00
17-193
SHEET NO.
1
DWG. DATE
3/14/2018
ADA COUNTY RECORDER Christopher D. Rich 2018-029028
BOISE IDAHO Pgs=3 CHE FOWLER 04/02/2018 01:12 PM
BERKELEY BUILDING CO AMOUNT116.00
11111111111111111111111111111111111111111 IN II I III
00479729201800290280030038
TERMINATION OF CROSS ACCESS DRIVEWAY EASEMENT
(Instrument No. 113014728)
This Termination of Cross Access Driveway Easement (this "Termination") is made this /(/1
day of 11�_, 2018, by Berkeley Building Company, Inc., an Idaho corporation
("Berkeley"), Thair Pond, a married man dealing with his sole and separate property ("Mr. Pond"), and
Thair Pond as Trustee of the Pond Family Revocable Living Trust ("Trust"). Berkeley, Mr. Pond and the
Trust may be referred to herein individually as a "Party" or collectively as the "Parties".
RECITALS
WHEREAS, on February 8, 2013, Mr. Pond, in his capacity as the Party of the First Part and the
Party of Second Part, recorded in the records of Ada County, Idaho, as Instrument No. 113014728, that
certain Cross Access Driveway Easement ("Easement"); and
WHEREAS, as of the effective date hereof, the Parties are all the owners of the real property
legally described in the Easement; and
WHEREAS, the Parties no longer need the Easement and wish to terminate it in its entirety.
NOW THEREFORE, the Parties hereby agree as follows:
ARTICLE 1:
EASEMENT TERMINATION
The Easement is hereby terminated in its entirety and is of no further force or effect.
ARTICLE Il:
GOVERNING LAW
This Termination shall be construed and interpreted in accordance with the laws of the State of
Idaho.
[End of Text]
TERMINATION OF EASEMENT -1
IN WITNESS WHEREOF, the undersigned have duly executed this Termination as of the date
first above written.
Berkeley Buildig ompany, Inc.,
an Idaho corpor i
By:
Joseph Apia,
�z - - _r .1.zC1
Thair Pond
Thair Pond, as Trustee of the
Pond Family Revocable Living Trust
TERMINATION OF EASEMENT - 2
STATE OF IDAHO )
ss.
County of Ada )
This record knowledged before me on _
President o Berkeley Building Company, Inc.
Signature of Notary Pu lic
My commission expires:
Residing at Caldwell, ID
My Commission Expires: 05-05-2023
STATE OF IDAHO
) ss.
County of Ada )
12018, by Joseph Atalla as the
This record s ac owledged before me on 34 �� , 2018, by Thair Pond.
Signature of Notary P blic �r�'�5�4°.�''"`••�.'�'t>'`.
My commission expires:
9ealding at Caldwell, ID
My Commission Expires: 05-05-2023
STATE OF IDAHO
) ss.
County of Ada )
�ws ��TA,�yei
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This record was acknowledged before me on �" l4� , 2018, by Thair Pond as the Trustee
of the PondF 'evocable Living Trust.
o�Mo�ypprr�r:y�er•e+
y�+► � j • 111g� •,�
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Signature of Notary Pub) c -.0TA4k
My commission expires:
TERMINATION OF EASEMENT - 3
t
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'iesiding at Caldwell, ID
My Commission Expires: 05-05-2023