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HomeMy WebLinkAboutDeclaration of Cross Access Easement V1�fE IDEZ IAN— APPROVED e<Pi,�e n,.<em..e ro on�io rePon Date: n� of oeooa�o<e. Permit Number. rRECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: City of Meridian City Clerk 33 E. Broadway Ave Meridian, Idaho 83642 DECLARATION OF CROSS -ACCESS EASEMENT This Declaration of Cross -Access Easement (this "Declaration") is made effective this 15 day of JulY 2022 by East River Valley Street, LLC, an Idaho limited liability company, whose address is 2832 State Street, Carlsbad, CA 92008 ("East River Valley"). RECITALS: A. East River Valley is the owner of that certain property commonly known as 2590 N. Eagle Road in Meridian, Idaho, legally described on Exhibit A and depicted on Exhibit B (the "Property"). B. East River Valley made application to the City of Meridian ("City") for a Development Agreement Modification (City File No. H-2022-0009), which application was approved by City on April 26, 2022 (the "Modification"). The Modification requires East River Valley to develop the Property generally consistent with the conceptual development plan depicted on Exhibit B. C. As provided further in the Modification, and as depicted on Exhibit B, the drive aisle on the east side of the Property, legally described as Exhibit C (the "Drive Aisle Easement") shall terminate at the south boundary of the Property as an emergency vehicle access to the presently vacant property south of the Property (the "South Property"), which access shall be restricted by a gate that will allow only emergency vehicle access so long as the South Property is not developed with commercial land use(s) (that is, commercial land use(s) other than multifamily residential use). D. As provided further in the Modification, if the owner of the South Property (the "South Property Owner") develops the South Property with commercial land use(s) the emergency access shall terminate and a recordable cross -access continuing south from the Drive Aisle Easement on, over, across and through a portion of the South Property (the exact location of which is to be determined) shall be provided by and between East River Valley and the South Property Owner (the "Southerly Easement"). E. As provided further in the Modification, if access is established leading north from the Drive Aisle Easement across the South Slough and to N. Eagle Road/State Highway 55 ("Eagle Road"), as conceptually depicted on Exhibit D, a recordable cross -access continuing north from the Drive Aisle Easement on, over, across and through a portion (the exact location of which is to be determined) of the presently vacant property north of the Property (the "North Property") shall be provided by and between East River Valley and the owner of the North Property (the "North Property Owner") (the "Northerly Easement"). NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, East River Valley agrees as follows: 1. Grant of Access Easement. Subject to the limitations and conditions set forth herein, East River Valley hereby declares and grants for the benefit of the South Property and/or the North Property, a non- exclusive perpetual cross -access easement over, on, across and through the Drive Aisle Easement for ingress and egress to travel between the Property and the South Property and/or the North Property. 2. Cross -Access Easement Between Dive Aisle and South Property. In the event the South Property Owner develops the South Property with commercial land use(s), East River Valley shall work with the South Property Owner to locate the Southerly Easement and record an amended cross -access DECLARATION OF FUTURE CROSS -ACCESS EASEMENT - 1 �fE IDEZ IAN— APPROVED ,<Pi,�, n,.<em..e ro m�e ooPa=:. coa � >onio eo<o r,na Poao�, rePon Date: n� of oeooao<e. Permit Number. IN WITNESS WHEREOF, the undersigned has caused this Declaration of Cross -Access Easement to be executed the day and year first written above. East River Valley Street, LLC, an Idaho limited liability company By:'—J Per es, Member State of I nA No County of wne. This record was acknowledged before me on a*t its , 2022 by Perry Coles, as Member of East River Valley Street, LLC. �w Sfg-nature of no ary public BRIANNA DENSLEY (Stamp) Notary Public - State of Idaho Commission Number 20220822 My commission expires: AER If 2s2-t?' My Commission Expires Feb 18, 2028 DECLARATION OF FUTURE CROSS -ACCESS EASEMENT - 3 �fE IDEZ IAN— APPROVED e<Pi,�e n,.<em..e ro m�e ooPa=:. coa � >on�io eo<o r,na Poa�o�< rePon Date: n� of oeooa�o<e. Permit Number. basement on, over, across and through a portion of the South Property (the exact location of which is to be determined) and the Drive Aisle Easement, which cross -access easement shall be subject to the review and reasonable approval of City. The purpose of such cross -access shall be for ingress and egress for vehicular and pedestrian travel by East River Valley and the South Property Owner and their respective representatives, tenants, employees, customers, invitees, and agents. No parking of any vehicles shall be permitted on the Drive Aisle Easement and the Southerly Easement (the exact location of which is to be determined) on the South Property. 3. Cross -Access Easement Between Drive Aisle Easement and North Property. In the event the North Property Owner develops the North Property to establish vehicular access leading north from the Drive Aisle Easement across the South Slough and to Eagle Road, East River Valley shall work with the North Property Owner to locate the Northerly Easement (the exact location of which is to be determined) and the Drive Aisle Easement, which cross -access easement shall be subject to the review and reasonable approval of City. The purpose of such cross -access shall be for ingress and egress for vehicular and pedestrian travel by East River Valley and the North Property Owner and their respective representatives, tenants, employees, customers, invitees, and agents. No parking of any vehicles shall be permitted on the Drive Aisle Easement and the Northerly Easement (the location of which is to be determined) on the North Property. 4. Condition Precedent to Grant of Easement to the North Property and/or the South Property. This Declaration is expressly conditioned upon the North Property Owner's grant of a recorded reciprocal cross -access easement substantially equivalent to the provisions hereof for the benefit of the Property, which interfaces the common property line between the Drive Aisle Easement and the North Property at the same location as the current or amended Drive Aisle Easement as evidenced by a document recorded against the North Property in the real property records of Ada County, Idaho. Similarly, but only if the South Property Owner develops the South Property with commercial land use(s), this Declaration is expressly conditioned upon the South Property Owner's grant of a recorded reciprocal cross -access easement substantially equivalent to the provisions hereof for the benefit of the Property, which interfaces the common property line between the Drive Aisle Easement and the South Property at the same location as the current or amended Drive Aisle Easement as evidenced by a document recorded against the South Property in the real property records of Ada County, Idaho. S. Improvements and Maintenance. East River Valley agrees to improve, maintain, and keep unobstructed a paved driveway within the Drive Aisle Easement in a smooth and evenly covered condition in accordance with applicable City of Meridian standards. 6. Binding on Successors, Recordation. This Declaration shall be binding on East River Valley and East River Valley'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. 7. Easement Obstructions. Except for the gate restricting access to and from the South Property for emergency vehicle access, as provided further herein, no fence, landscaping, or other barrier shall be erected or permitted within or across the Drive Aisle Easement which would prevent or obstruct the passage of pedestrian or vehicular travel. 8. Enforcement. East River Valley shall have the right to enforce, by any proceedings at law or in equity, all provisions of this Declaration of Cross -Access Easement. 9. Incorporation of Recitals and Exhibits. The recitals to this Declaration of Cross -Access Easement and the exhibits attached hereto are incorporated herein by reference. 10. No Public Dedication. No use hereunder shall be deemed to constitute the Drive Aisle Easement as a public way or a quasi -public way, but to the contrary the Drive Aisle Easement shall constitute and remain a private way and drive. DECLARATION OF FUTURE CROSS -ACCESS EASEMENT - 2 �fE IDEZ IAN— APPROVED .<Pi,�e n,.<em..e ro m�e ooPa=:. door � >on�io eo <o r,n.ePoa�o�< rePon Date: n� of oeooa�o<e. Permit Number. EXHIBIT A (East River Valley Property Legal Description) A portion of the Southwest quarter of the Northwest quarter of Section 4, Township 3 North, Range 1 East, Beats Meridian, more particularly described as follows: Commencing at the Northwest corner of the Southwest quarter of the Northwest quarter of Section 4, Township 3 North, Rage 1 East, Boise Meridian, Ada County, Idaho; thence South along the West fine of said Section 4, a distance of 433.62 feet to the Real Point of Beginning; thence South 5304W East 231.OD feet to a point; thence North 8305W East 114.57 het to a point; thence South 218.05 feat to a point; thence West 300.00 feet to a point on the West line of said Section 4; thence North 342.64 feet to the Point of Beginning. Excepting a 25 foot strip on the West side for Noway riot -of -way. Also Excepting a parcel of land being on the Easterly side of the centerfiee of State Highway No. 55 (Eagle Roadj, Project No. NH-F-3271(037) Highway Survey, as shown on the plans thereof now on file in the office of the Maho Transportation Depadrawt. and being a portion of the Southwest quarter of the Northwest quarter of Section 4, Township 3 North, Range 1 East, Boise Meridian, described as follows to -wit: Commencing at the Northwest corner of the Southwest quarter of the Northwest quarter of Section 4, Township 3 North, Range 1 East, Bobe'Meridian that bears North 8r2T4r West 0.34 feet from Station 155+31.73 of said State Highway No. 55 (Eagle Roach), Proud Nff-3271(037) Highway survey; thence South 0°36'13" West (shown of record to be South) along the West line of said Southwest quarter of the Northwest quarter a distance of 765.43 feet (shown of record to be 776.26 feet) to the Southwest corner of the had of tend as described in that certain warranty Deed dated January 24,1975, recorded Jatraryr 24, 1975, as Instrument No. 912958, records of Ada County, hfaho. said corner being a point in the centerfine of saki State Highway No. 55, that is coincklent with Station 147+66.31 of said Highway Survey and being the Real Place of Begins ft twice South W2347' East (shown of record to be East) along the South tine of said tray of land 70.0 feet to a point In a lire parallel with and 70.0 feet Easterly from the denterfine and bears South W23"47" East from Station 147+66.31 of said Highway Survey; thence North 0°36'13" East along said parallel line a disUnce of 291.05 feet to a point in the Northerly tine of said tract of land and being opposite Station 150+57.35 of said Higtrway Survey; thence North 53"03'47" West (shown of record to be North 53'4(Y West) along said Northerly line 86.89 feet to the Northwest corner of said bid of land, said corner being a point in the West tine of said Southwest quarter of the Northwest gcehier, said West line being coincident with the centerline of said State Highway No. 55, and said point being coincident with Station 151+06.84 of said Highway Survey; thence South GON13" West Wong said West line being coincident with said centerline 342.53 feet to the Real Place of Beginning. EXHIBIT A CV'EfkIDIAN— APP MAN — APPROVED Th— pn h— eeee f . . . d I ........... report Ppl—d 11— Permit N.— EXHIBIT B EXHIBIT B (Depiction of East River Valley Property) CONCEPTUAL SITE PLAN nI SCALE: 1/32" = V-O' �fE IDIAN— APP OVED, Th— pn h— b f . . . d ro ..11 —d ........... rePon Permit N.— EXHIBIT C EXHIBIT C (Legal Description of Drive Aisle Easement) �8L (.�,1rE IDIAN— AP PROVED :: coaea aDPro etl pla slain requ Date: � sDaci�ons. Permit Number. zmsu+u EXHIBIT C WvcOF*ER COPPER CANARY sSCrCN4 T.3M.,1�.1E. LEGAL DESCRIPTION EXHIBIT POII4IT OF PORTION OF TI-E 9N 1M OF 7i-E NW 1M CF SECTION 4,T3N R7.Er8019EWRRV-MYMXMI" s.. e•.., arCMMENCEV-E a AVAOULNtY, AutoCAD SHX Text FEBRUARY2= SCALE 1 LEGAL DESCRIPTION EXHIBIT NIA 20 WE st4.s accEss EASEMENT M.2021 456M N Z• n M D h •t POINT OF BEGR"NG % NW 23 stw - i82—rx 25.00 I l N99724' 4Q`W - MW NW 2T UV • 230.01' Lft t �\GE''l5e©k vww C0�6t� 4 qr4 ` DF ��P p� I\=.ACKERMAN T.3N„R9E, O4, O M ESTVOLD . ` �' rRs+ wasi �iew,pee o.�., Sk i o? o.w» cm. m esr„ 204d536,�0 • rwrrarcksnnar€�ranE;l.ot�n (-�,1rE APIDIAN— PROVED :: coaen oat<nn<oi :o«uo�:. Permit Numb<,. a EXHIBIT D EXHIBIT D (Concept Plan - Access Across the Property and the North Property) I BLOCK 1 zS 0.84 AC.i I LOT 1 S 48,195 SF I 1.11 AI I',;I ROW QAPRWE>,1E7fI5 Q �i. BY OTHERS SW22'03"E 236. W i MWOO'00'E 44.75' J m •I � , I �• i W A NGO'00'00'E 243.54' 3O.W CR05.4 ACCESS EASEiAENT 52 y{"Im it f o I 30.00' CRY OF tER19M SEWER AND WATER MAIN EASEMENT ryF BLOCK it IN LOT 62,621SF L 4 If>I.1a A[4 ` I SB9'22'03"E 23 81 II p ` 30.00' CROSS ACCESS FASElIE117 Il FINCH LATERAL BLOCK LOT 3 47801SF 11OAC3 iq '♦ l tAL > ' NBN64'ZdOB I I Inspection Areas Portion of Property LOT 24 BLOCK 49 f LOCHSA FALLS SUB. NO. 12 1 BOOK 92 PAGE 10958-10960 '26'OB'E 17.43' I �