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HomeMy WebLinkAboutCross Access Easement South Acces V1CUEIDR IAy APPROVED DATE 06/30/22 FILE NUMBER: a2022-0020 REQUESTED BYAND RDED RETURN TO: 1k1_way Ave Meridian, Idaho 83642 ADA COUNTY RECORDER Phil McGrane 2022-049189 BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 05/23/2022 10:10 AM 160 N LINDER LLC AMOUNT:$31.00 IIIIIIIIIII IIIIIIIIIIIIIII III11111 IIIIIIIIIII I III 01159324202200491890080088 DECLARATION OF CROSS -ACCESS EASEMENT SOUTH 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 110 N Linder Rd, Meridian Idaho, currently owned by Joe Olson ("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 south of the Grantor's Property. Grantor agreed to provide cross -access for the benefit of the adjoining real property to the immediate south 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 - SOUTH ACCESS -1 CUEIDR IAy APPROVED ondition 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:^- 021002o ess 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 - SOUTH ACCESS - 2 IDpIANAHO 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. GRANTOR: 160 N Linde LLC By.: Manager, Ronald Hatch STATE OF ID O ) G Li=oaZ�v� �9 / ) ss. County of On this day of M /T 2022, before me, a Notary Public in and for the State of Idaho, personally 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. NOTARY PUBLIC FOR IDAHO Residing at My Commission Expires DECLARATION OF CROSS ACCESS EASEMENT - SOUTH ACCESS - 3 CUEIDR IAy APPROVED DATE 06/30/22 FILE NUMBER: ^-2021002o RNIA 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 1 County of 6A-1y J} On 1PAY 16 &2-2- before me, &7.Z� lk* � �o AL- V Date Here Insert Name and Title of the Officer personally appeared Ap///+ tCt% Name(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. ELENA NAVEDO ALVAREZ Notary Pubiic - California Z San Diego County Commission ; 2389660 —o••`My Comm. Expires Jan 5, 2026 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that th regoing paragraph is true and correct. WITNESS my hand and Signature Sign OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document L / Title or Type of Document: G�CI�/CZ!"/�� �� C/T1SY'CCeS-C �L1�2��✓7/ SCj(JJ� GZL Document Date: MAY l�. 2-02-2- Number of Pages: � Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): El Partner — ❑ Limited ❑ G eral ❑ Individual orney in Fact El Trustee >ErE-,uttarclian or Cons( ❑ Other: Signer is Repre nting: ©2019 National Notary Association 7Si er's Name: Corporate Officer — " ❑ Partner — ❑Limited ❑ Individual ❑ Trustee El Other: Signer is Rep(esenting: 0 General ❑ Attorney ' Fact ❑ Guardi or Conservator ez M1304-09 (11/20) CUEID1Z IAy APPROVED DATE 06/30/22 FILE NUMBER:-D2v0020 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 5/81h inch iron pin with a cap stamped PLS 11463; Thence S 88° 31' 38" W along the line common to Lots 9 and 10 for a distance of 314.52 feet to a found 5/81h 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 - SOUTH ACCESS - 4 C `(E IDI� I N APPROVED DATE: 06/30/22 FILE NUMBER: A-2022-0020 EXHIBIT B Legal Description of Property Lot 10 of HEPPERS ACRE SUBDIVISION, according to the plat thereof filed in Book 19 of Plats at Page(s) 1298 - 1299, Records of Ada. County, Idaho. DECLARATION OF CROSS ACCESS EASEMENT - SOUTH ACCESS - 5 CUEIDR IAy APPROVED DATE: 06/30/22 FILE NUMBER: ^-20210020 EXHIBIT C Cross Access Easement Legal Description .1. ACCURATE StED'�C1'IfJI� i 11�r'Pll:i; � .. S I R u t C Job No. 22-' 58 C.'ross Aeces9 Ravemcr►r Description An easement over and across a portion of Lots 8 and 9 of Flappers Acfe Subdivision as recorded in book 19 of Plats at Page,,1298mid 1299, Records of Ada County, said parcel is located in tneSouthwest Quarter of the Southwest Quarter of Section 12, Township 3 North, Range I 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 ind 14, T3N, R1W from which the found 3. inch brass cap monument in asphalt at the quarter corner common to 5ecticros :11. and 12, T3N, R1-W bears N 10 3)'39" E a di.;tance of 2695.97 feet; thence N 00" 32' 39" F alongthe Section line for a 4i5tanre of 447.74 feat; thenrP N RR° -41' 4.9" F far a distance of 54,03 feet to the REAL POINT OF BEGINNING; Thence N 00' 31' 39" E for a distance of 1.98.W feet; Thence N Sy° 41' 22" W along the line common to Lots 8 and 9 for a distance of 26.00 feet, - Thence 5 00' 31' 39" W for a distance of 197.55 feet. Thence, i 1 8* ?1' M" E along the line common to Lots 9 and 10 for a distance of 26.01 fret to the REAL POINT OF BEGINNING. Easement contains 0.118 acres, or 5,146 square teet, more or less. 11463 4�'AN Pia I 1520 W. Wa3hington St Boise, ID 83702 „ Phone: 2Ca-488-d227 'n•�vw.E;'cou�.tesurve'�ors. com DECLARATION OF CROSS ACCESS EASEMENT - SOUTH ACCESS - 6 1 E IDIAN — APPROVED DATE: 06/30/22 FILE NUMBEF•A-zozz WO EXHIBIT D Cross Access Easement Exhibit Map -EXUIBIT ,CIA R 25' WDE CPOSS ACCESS EASEUFNT A(`ROSS A PO.R17014 OF LOTS 8 & 9, HLP PLHS• ACRE 5WV14SION. BOOK 19 OF• PLATS, PAGES 1298-1299, ADA COUNTY RECORDS. LWNG KfTHIN THE SW 114 OF THE sW 114 Of- StCT10N 12, T.3N., R.1W, S.M. CITY OF MERIDIAN — COUNTY OF ADA -- STATE OF IDAHO Vt! PINE A OF q EL114V?D 1779 L p OF* SCAI.F : 1"=46 4 U' WS 1 Q3 �ii 1 LAJ r !h Ci w C� C� I �I I i 1 I f �) 54.03' L2 �r 4, 17 1 � vV, F,2ANKL?N RD. ----- LEGEND ------- SEC7?OA' UN£ PARC^ LINE EASEMENT FdAJND .i" BRASS CAP ►/011 UMEN T W ASPHA4 r FOUND 4" ALUA41NUM CAP MONUMENT IN A&PWAL T • f OuND 5/8" ;R4P1 P1N, WT.q PLASAC CAIP, AS N07ED FOUND 112" IRON AN, WITH PLASTIC CAP, AS N0 0 A CALCULA 1 ED POINT PLATr£D LOT NvvBER '.(X-9. PCWT OF BEGINNING 5 LINE TABLE LINE BEARING 1. DISTANCE L1 N 89'4"22" E 2F ,Jfl' L2 -- 88'31'3t3° W 1 26,01' i ACCURATE p w r 5UR1EWj6 k I,IdPPISIG ,a - *A7 WA 1SLU'h'. least lduhD o 7CZ 1u N. Idaho J]7C2 f208) M-4227 r'r r 1P0, •.vrn•.;a�,ca,rn Ir.,ur,ryan.wm DATE: APRIL, 2022 108 22-158 DECLARATION OF CROSS ACCESS EASEMENT - SOUTH ACCESS - 7