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HomeMy WebLinkAboutCross Access Easement North Access V1CUEIDR IAy APPROVED DATE 06/30/22 1 FILE NUMBER: a 02v0020 REQUESTED BYAND RDED RETURN TO: I I ill ayAve Meridian, Idaho 83642 ADA COUNTY RECORDER Phil McGrane 2022-049190 BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 05/23/2022 10:10 AM 160 N LINDER LLC AMOUNT:$31.00 1111111111111111111111111111111111111111111111 III 01159326202200491900080086 DECLARATION OF CROSS -ACCESS EASEMENT NORTH ACCESS This Agreement is made effective the 29th day of April by 160 N Linder LLC, an Idaho limited liability company ("Grantor"), for the benefit of the real property located at 230 N Linder Rd, Meridian Idaho, currently owned by the Gary & Margaret Reimer Family Trust ("Grantee") and more particularly described herein. RECITALS: WHEREAS, Grantor is the owner of that certain property located at 160 N Linder Rd. in Meridian, Idaho, as more fully described in Exhibit ("Grantor's Property"); WHEREAS, Grantor pursuant to Meridian City Planning and Zoning Application file H- 2021- 0026-CPAM,.AZ was granted approval of their future land use amendment and annexation with a condition to grant cross -access with the real property to the north of the Grantor's Property. Grantor agreed to provide cross -access for the benefit of the adjoining real property to the immediate north of the Grantor's Property described in Exhibit "B" ("Grantee's Property"). WHEREAS, Grantor desires to grant to the Grantee, and its successors an easement for ingress and egress across the Grantor's property under 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 the Grantee's Property a non-exclusive perpetual cross -access easement over, on, across, and through the Grantor's Property for ingress and egress to travel between adjacent Property 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 the Grantee and its respective representatives, tenants, employees, customers, invitees, and agents. No parking of any vehicles shall be permitted on the Easement Area, DECLARATION OF CROSS ACCESS EASEMENT - NORTH ACCESS - I CUEIDR IAN APPROVED ndition Precedent to Grant of Easement. The Declaration of Easement by Grantor in DATE.-06/30/22 1, above, is expressly conditioned upon the Grantee's grant of a recorded reciprocal FILE NUMBER:^- 021002D ss easement substantially equivalent to the provisions hereof for the benefit of the [Property, which interfaces the common property line at the same location as the current or amended Easement Area as evidenced by a document recorded against the Grantee's parcel in the real property records of Ada County, Idaho. 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. 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. DECLARATION OF CROSS ACCESS EASEMENT - NORTH ACCESS - 2 MIAN, DAHO APPROVED DAX. 06/30/22 FUNUMBER:-D -0020 WITNESS WHEREOF, the undersigned has caused this Declaration of Cross -Access to be executed the day and year first written above. STATE OF ID O County of Ada On this /(� of Idaho, personally GRANTOR: 160 N ss. r LLC day of /P A1-Y , 2071 before me, a Notary Public in and for the State appeared , known or identified to me, to be a that executed the instrument on behalf of said _ and acknowledged to me that 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. ,56 E A-7TACI-I -b NOTARY PUBLIC FOR IDAHO Residing at My Commission Expires DECLARATION OF CROSS ACCESS EASEMENT — NORTH ACCESS - 3 CUEIDR IAy APPROVED DATE 06/30/22 FILE NUMBER: ^-20210020 IA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 54`N ts I a-o On AM-Y 16 -20Z- before me, E %Y!-}- / )q V E 6,0 /+G Date Here Insert Name and Title of the Officer personally appeared Gad IV 4t/ Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. •� �! ry ELENA NAVEDO ALVAREZ t Notary Public - California - San Diego County Commission # 2389660 My Comm. Expires Jan 5, 2026 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PFR-JURY under the laws of the State of Californ' that',the foregoing paragraph is true and c WITNESS my hand and Sig OPTIONAL Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: -be c/ 1-a/,rr,n Document Date: Signer(s) Other Than Named Above: 5Cs -- czccess Neek- Ser17e,;�,f /J,� & a-6(?--XS Number of Pages: 3— Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's me: ❑ Corporate Officer - Title(s): ❑ Cor rate Officer - Title(s): ❑ Partner - ❑ Limited ❑ neral ❑ artner - ❑ Limited ❑ neral ❑ Individual Attorney in Fact Individual Attorney in Fact ❑ Trustee ❑ Guardian or Consery r ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: ©2019 National Notary Association M 1304-09 (11 /20) CUEIDR IAN,-- APPROVED DATE 06/30/22 FILE NUMBER:-02v0020 EXHIBIT A Legal Description of Grantor's Property A parcel of land being all of Lots 8 and 9 of Heppers Acre Subdivision as recorded in Book 19 of Plats at Pages 1298 and 1299, Records of Ada County, said parcel is located in the Southwest Quarter of the Southwest Quarter of Section 12, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the found 4 inch aluminum cap monument at the corner common to Sections 11, 12, 13 and 14, T3N, R1W from which the found 3 inch brass cap monument in asphalt at the quarter corner common to Sections 11 and 12, T3N, R1W bears N 00' 32' 39" E a distance of 2645.87 feet; thence N 00" 32' 39" E along the section line for a distance of 646.92 feet; thence N 89` 41' 22" E for a distance of 40.00 feet to a found % inch iron pin labeled PLS 11779 at the northwest corner of Lot 8, the REAL POINT OF BEGINNING; Thence N 89° 41' 22" E along the line common to Lots 7 and 8 for a distance of 315.19 feet to a found 5/8th inch iron pin with a cap stamped PLS 11463 at the northeast corner of Lot 8; Thence S 00' 46' 31" W for a distance of 192.00 feet to a found 5/8m inch iron pin with a cap stamped PLS 11463; Thence 5 88° 31' 38" W along the line common to Lots 9 and 10 for a distance of 314.52 feet to a found 5/811 inch iron pin with a cap stamped PLS 11463 at the southwest corner of Lot 9; Thence N 00° 31' 39" E along the easterly right-of-way of N. Linder Road for a distance of 198.36 feet to the REAL POINT OF BEGINNING. Parcel contains 1.410 acres, or 61,428 square feet, more or less. DECLARATION OF CROSS ACCESS EASEMENT — NORTH ACCESS - 4 IDpIANAHC APPROVED DAX. 06/30/22 FUNUMBER:-D -0020 EXHIBIT B Legal Description of Property Lots 6 and 7 in HEPPERS ACRE SUBDIVISION, according to the official plat thereof, filed in Book 20 of Plats at Page 1298, Records of Ada County, Idaho. DECLARATION OF CROSS ACCESS EASEMENT - NORTH ACCESS - 5 CUEIDR IAy APPROVED DATE: 06/30/22 FILE NUMBER: ^-20210020 EXHIBIT C Cross Access Easement Legal Description "4- ACCURATE s[ 8 V 10- dob No. 22-' 58 Cross A rccsj RAgem ent• Description An easement over and across a portion of Lots 8 and 9 of Heppers Acre Subdivision as recorded in Book 15 of Plats at F'dges 1298 and 1299, Records of Ada County, said parcel is located in ttne Southwest c,tuarterof the Southwest Quarterot Section 12, Township 3 North, Range 1 Wet of the Boise tvleridian, Ada county, Idaho, being more particularly described as follows,. Coinmencing at the found 4 inch aluminum cap monument at the corner common to Sections 11, 12, 13 and 14, T3N, R1W from which the found 3 inch brass cap monument in asphak at the quarter corner common toSections11. and 12, T3N, 13191 bears N (03—)' 39" E a distance of 2645.87 feet; thence N 00" .37' 39" F alongthe section line for a distance of 447.74 fp.et; thFnre. N R8° AI' 3R" F fnr a distance of 54.03 feet to the REAL POINT OF BEGINNING; Thence N 00° 31' 39' F for a distance of 1.98.09 feet; Thence N 89' 41' 22" W along the line common to Lot; 8 and 9 for a distance of 2G.00 feet; Thence 5 00° 31' 39" W for a distance of 197.55 feet; I Thence 5 ' 31' 9S" E alon;,> the line common to Lots 9 and 10 for a distance of 26.01 Feet to the REAL POINT OF BEGINNING, Easement contains 0.118 awes, or 5,146 square teet, more or less. A14C3 M� `'P 1/10.21Z l $Zd , c 1520 W. fto. hinaton St., Boise. ID 83742 Phone: 2G8-48"- 27 mv�r.�.aceu r �.tesu nretars. com DECLARATION OF CROSS ACCESS EASEMENT — NORTH ACCESS - 6 L �1E IDIAN - APPROVED DATE: 06/30/22 FILE NUMBEF•A-zozz WO EXHIBIT D Cross Access Easement Exhibit Map HXHA7-BI T MAR 26' MDE CPOSS ACCESS EA VUFiV T A( ROSS A POR1701J OF LOTS 8 & 8, HLPPLHZ' ACRE SU6D?V1570N. 800.+Y 19 OF PLATS, PAGES 1298-t299, A.DA COUNTY RECORDS. L WNG W THIA' THE SW 1/4 OF THE SW 1/4 Of- SCC; ION 12, T. 3N., f?. t W , 8, M, CITY OF MERIDIAN — COUNTY OF ADA -- STATE OF IDAHO :uyo�K W. PINE A UE. A 11 12 a 11463 I 77y L f ?q OF';( Al.r i"=40' -- — aka NJ.. pAt� I 40' ti �r A% _ANCER RO. 2 o ch ti `u ' a I O� r�C Ul 4 f ` � l� t 54. 03' — L240, . L VY. Fi?taWLIN RD. ---^— LEGEND ------- SEC7?oN UNE -.. PARCEL iWE '_f l EASEMENT FCaUND j- BRASS C.AP I,I NWENT IN A�F'NAL r >. FOUND 4" ALUA41NUM CAP ' MONVUENT 1N ASPPALT 11- • rOUND 5/6" A&i PIN, IL n WT,q PLAS77C CAP, AS N07EO • FOUND 7/2" IRON PIN, KITE PLAE71C CAP, AS NOMO A CALCULA WD POW PLATTED LOr NUU80P POW T OF BEGINNINO LrNE rAVLE _ LINE WARING DISTANCE _ L1 N 89'4,'22" E 26�00' L2 -- S SS 31'38" W 26,0V ACCURATE 4 w SURVEWIG MAPPING an 1SLUIN. IgD dmho Z ft-1 -'200j 4 $-4227 A'A'N:nxur n Id1Ur 9eyXS.CubY n,Lm.: APRIL, 2022 K)d 22-158 DECLARATION OF CROSS ACCESS EASEMENT — NORTH ACCESS — 7