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Home My WebLink AboutRecorded Access Easement V1E IDI� 11 APPROVED DA EI 05/03/22 �IJ%Utj BE R' A 2G21-0 1 In 1 Attn: Trevor G return to: nvestments, LLC Eisser 74 E. 500 S. Ste. 200 Bountiful, UT 84010 ADA COUNTY RECORDER Phil McGrane 2022-019470 BOISE IDAHO Pgs=6 ANGIE STEELE 02/24/2022 03:07 PM KM ENGINEERING AMOUNT.$25.00 111111111111 II 11111111111111111111111111111111 III 01125758202200194700060060 Parcel ID No. R0748300210 DECLARATION OF ACCESS EASEMENT THIS DECLARATION OF ACCESS EASEMENT ("Declaration") is made as of the ;? �'� day of February, 2022 by GFI-MERIDIAN INVESTMENTS, LLC, a Utah limited liability company ("GFI"). WHEREAS, GFI is the owner of certain real property located in Ada County, Idaho as more particularly described on attached Exhibit "A" and depicted on attached Exhibit "C" (the "GFI Property"); and WHEREAS, Regency is the owner of certain real property located adjacent to the GFI Property as more particularly described on attached Exhibit "B" (the "Regency Property"); and WHEREAS, GFI desires to grant to Regency pedestrian and vehicular access over and across the GFI Property as more particularly provided herein. NOW THEREFORE, for good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereby covenant, grant and agree as follows: 1. Access Easement. (a) Easement. GFI hereby grants a perpetual, non-exclusive easement for pedestrian access, for the benefit of the present and future owners and occupants of the Regency Property over and across those portions of the GFI Property which are now, or will be, improved with driveways and walkways only as specifically depicted on the attached Exhibit "C" ("Easement"). (b) Purposes. The Easement created hereby is intended to provide for ancillary access, ingress and egress by guests and invitees of Regency and for general pedestrian and ancillary motorized vehicular traffic by Regency, its invitees, guests and customers for access, passing and repassing through and across the sidewalks, driveways, approaches and other pedestrian pathways or walks and roadways within the Easement as constructed or as reconstructed from time to time. (c) Non -Exclusive. The Easement granted hereby shall be non-exclusive. GFI reserves the right to place additional improvements within the Easement, and to grant additional E IDI� 11 APPROVED DA EI 05/03/22 J %UtjB;R'A 2G21 -1 ents and rights of way. GFI reserves the right to relocate the Easement from time to time development of the GFI Property. Not a Public Dedication. Nothing contained herein shall be deemed to be a gift or any portion of the Easement to the general public, for the general public or for any public purposes whatsoever, it being the intention of GFI that this grant be strictly limited to and for the purposes contained herein. The right of the public or any person to make any use whatsoever of the Easement, or any portion thereof (other than any use expressly allowed by a written or recorded map, agreement, deed or dedication) is by permission, and subject to the control of GFI. Notwithstanding any other provisions contained herein to the contrary, GFI may periodically restrict ingress and egress from the Easement in order to prevent a prescriptive easement from arising by reason of continued public use. In addition, GFI, may install a fire break fence across the portion of the Easement touching the Regency Property, except that no such gate shall impede the use of the Easement for pedestrian traffic. 3. Miscellaneous. (a) Covenants Running with the Land. This grant and all of the terms and conditions contained herein shall inure to the benefit of and be binding upon GFI and its successors and assigns, and shall be "covenants running with the land". Upon such assigmnent, the assigning party shall be relieved of future liability under this Agreement. (b) Conditions Precedent to Grant of Easement. The Easement granted herein is expressly conditioned upon: (1) GFI platting or redeveloping the GFI Property subject to the Easements adjacent to the Regency Property as provided in the site plan attached hereto at Exhibit D"; and (2) a reciprocal easement has been granted by Regency similar in use and scope as the Easement granted herein and for the benefit of the GFI Property ("Reciprocal Easement"). In the event either GFI elects not to so develop the GFI Property, or no Reciprocal Easement has been properly recorded and in full force and effect, the Easement granted herein shall be null and void. (c) Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Idaho. (d) Indemnification. Any person or party utilizing the Easement shall indemnify, defend, protect and hold harmless Grantor, its successors and assigns, for, from and against any and all liabilities, claims, damages, expenses (including, without limitation, reasonable attorneys' fees and reasonable attorneys' fees on any appeal), judgments, proceedings and causes of action of any kind whatsoever resulting from the exercise of the rights granted herein and/or the use of the Easement, except to the extent caused by the willful acts of GFI or GFI's agents, employees, contractors, or licensees. [Signature Page and Consent Follows] 2 IDpIAN AHO APPROVED DATE 05/03/22 FURIMIER:a 021-0231 STATE OF UTAH COUNTY OF DAVIS GFI - MERIDIAN INVESTMENTS, LLC, a Utah limited liability company By: /2rurC i Its: M AJ Ar; 62 On the 2..E day of Y 2022, personally appeared before me_3_��c, s�2,y who duly acknowledged to me that he executed the foregoing document as Manager of GFI — Meridian Investments, LLC. �� kl\�A - �- - Notary Pubh DESTIN HANSEN-JEWETT NOTARY PUBLIC • STATE OF UTAH COMMISSION NO. 722387 COMM. EXP. 1-13-2026 APPROVED DA EI 05/03/22 j %UtJB;R'A 2G21 -1 EXHIBIT "A" Legal Description — GPI Property land situated in the Southwest 1/4 of the Northwest 1/4 of Section 4, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at a found brass cap marking the Northwest corner of said Section 4, which bears N00°36'00"E a distance of 2,611.39 feet from a found brass cap marking the West 1/4 corner of said Section 4; Thence following the westerly line of said Northwest 1/4, S00°36'00"W a distance of 1,385.13 feet; Thence leaving said westerly line, S89°51'36"E a distance of 70.01 feet to a found 5/8-inch rebar marking the southwest corner of Southeast Corner Marketplace Subdivision No. 1; Thence following the southerly boundary line of said Southeast Corner Marketplace Subdivision No. 1, S89°51'36"E a distance of 479.48 feet to a set 5/8-inch rebar and being the POINT OF BEGINNING. Thence following said southerly subdivision boundary line the following three (3) courses: 1. S89°51'36"E a distance of 220.67 feet to a found 5/8-inch rebar; 2. N00°36'00"E a distance of 93.77 feet to a found 5/8-inch rebar; 3. S89°52'58"E a distance of 61.35 feet to a found 5/8-inch rebar being the southwest corner of Una Mas Subdivision; Thence leaving the southerly boundary line of Southeast Corner Marketplace Subdivision No. 1 and following the southerly boundary line of Una Mas Subdivision, S89°52'58"E a distance of 443.56 feet to a set 5/8-inch rebar on the westerly right-of-way line of N. Records Avenue; Thence leaving said southerly boundary line and following said westerly right-of-way line, S00°40'39"W a distance of 717.01 feet to a found 5/8-inch rebar on the northerly boundary line of Bach Subdivision; Thence leaving said westerly right-of-way line and following said northerly subdivision boundary line the following three (3) courses: 1. N89°22'08"W a distance of 680.75 feet to a found 5/8-inch rebar; 2. N34°48'52"W a distance of 57.10 feet to a found aluminum cap; 3. N66°18'52"W a distance of 12.03 feet to a set 5/8-inch rebar; Thence leaving said northerly subdivision boundary line, N00°37'57"E a distance of 565.59 feet to the POINT OF BEGINNING; APPROVED DA EI 05/03/22 �IJ'uMa_R:- EXHIBIT "B" Description of the Regency Property Lot 2, Block 1 of Bach Subdivision, according to the plat thereof, filed in Book 113 of Plat at pages 16608 through 16611, records of Ada County, Idaho. C:\KM ENGINEERING\KM GENERAL - DOCUMENTS\REMOTE WORK\PROJECT\17-169\CND\EXHIBITS\CROSS ACCESS EASEMENT EXHIBIT 2-15-22.DWG, TODD ARNOLD, 2/15/2022, DWG TO PDF.PC3, 08.5X: L I'lE IDR 1.��,� — — EXHIBIT "C" — — I � ! I_I l i l i SET I_ _ �I I I_. I I_I III ! i- .!_IS APPROVED �—�\�� \;�\\� 05/03/22 ! Da. E LI LI I_ I� �_ I I I I :IJ%UIdB;R:Azazi-0z3i 1 i II Ih_I_jl�' 25.00' CROSS ACCESS EASEMENT J — Ii � j IT i I -- -. —r I I i._ 1 I.; II`I, ICI. I=uE0II7I'I�IJ�'IIII�I�� o II IIII�III_�I!III II' I IIII� � !' ! � ! '! i11�!�I RECORDS ROAD >:x T 0 �n W M M L7 0 120 240 360 C-) n Plan Scale: 1" = 120' n Ln m `n VILLAGE APARTMENTS O D ow,0 M m z—O_ ,�.. MERIDIAN IDAHO �A =Z n0o mm EXHIBIT "C" '''' w O m �w< 3 D Z Depiction of GFI Planned Development and Easements lD N