HomeMy WebLinkAboutCC - Cross Access Agreement - Recorded ADA COUNTY RECORDER Phil McGrane 2022-098420
BOISE IDAHO Pgs=9 LINDSAY WHEELER 1211312022 09:27 AM
SOO YOUNG PROPERTIES LLC AMOUNT:$34.00
11111111111111 IN 1111111111111111111
01216326202200984200090090
INGRESS-EGRESS ACCESS EASEMENT AGREEMENT
This Ingress-Egress Access Easement Agreement (this"Agreement") is made this
17 day of November, 2022, Soo Young Properties, LLC,whose address is 1403 Mace Road Eagle,
1D 83616
RECITALS:
A. Soo Young Properties, LLC is the owner of that certain real property located in Ada
County, Idaho more particularly described in Exhibit A attached hereto(the"Soo Young Properties,LLC
property").
B. Soo Young Properties,LLC intends hereby to create and provide for the use and benefit
of their respective properties, subject to the limitations hereinafter provided,a reciprocal,perpetual,non-
exclusive easement for pedestrian and vehicular ingress, egress, passage and traffic on the Soo Young
Properties, LLC property.
C. Soo Young Properties, LLC intends that each property, their respective successors in
interest and their respective lessees, occupants, customers, employees, licensees, tenants and business
invitees(the"Permittees") shall at all times enjoy the benefits of and shall at all times hold their interests
subject to,the rights,easements,privileges and restrictions hereinafter set forth.
NOW, THEREFORE, in consideration of the terms of this Agreement, and in
consideration of the recitals above which are incorporated herein, Soo Young Properties, LLC
agrees,and grants as follows:
ARTICLE I
Use,Access,Relocation and Reconfiguration
1.01 Access Easement for Soo Young Properties,LLC Property. Soo Young Properties,LLC
hereby grants for the use of its permittees,subject to all existing easements,encumbrances and
restrictions of record, a perpetual, non-exclusive easement appurtenant for the limited purpose
of pedestrian and vehicular ingress, egress,passage and traffic across the Soo Young Properties,
LLC property.
CROSS ACCESS AND PARKING EASEMENT,Page I
1.02 Access Easement Areas. The Soo Young Properties,LLC access easement Area
shall be located as described in Exhibit A attached hereto and depicted in Exhibit B attached hereto,and which
shall consist of the following:the driveways, traffic lanes and curb cuts thereon,extending along the entire
common boundary.Notwithstanding anything else herein to the contrary, subject to the limitations
contained herein, Soo Young Properties,LLC reserves the right to construct buildings, landscaping, parking
areas,driveways and other improvements on their respective properties which buildings, landscaping,
parking areas,driveways and other improvements may not reduce the size of any easement areas located on
their respective properties nor interfere with the reciprocal easement rights granted herein.
1.03 Use. Use of the Access Easement Areas by the benefitted parties is not hereby exclusively granted
but shall be in common with the use thereof by the owner and Permittees of the property upon which the Access
Easement Area is located. Each permittee hereto shall be entitled to use those portions of the Access Easement
Area which shall lie in their property for those uses provided herein and for any other reasonable uses so long
as such other uses do not interfere with or obstruct the reasonable use of the Access Easement Area by the other
permittees. Soo Young Properties,LLC shall specifically have the right to make any use of the subsurface of the
Access Easement Area located on the property owned by them,at their sole cost and expense.
1.04 Relocation and Reconfiguration. Soo Young Properties,LLC shall have the right,from time to
time,to relocate and/or reconfigure all or that portion of the Access Easement Area lying upon its property, all
at its sole costs and expense; provided, however, nothing such Owner does in connection with such relocation
and/or reconfiguration shall: (i) permanently interfere with the free and unimpeded flow of vehicular and
pedestrian traffic beyond the specific time reasonably required to accomplish any permitted relocation and/or
reconfiguration.
ARTICLE II
Maintenance
2.01 Maintenance of Easement Area. Each party shall pave,repair,and at all times maintain in good
condition those portions of the Access Easement Area which lie within that parry's property, Maintenance
of the Easement Areas shall include without limitation:
1. Maintenance, repair and replacement of the surface and subsurface of the Easement Area, as necessary,
to maintain the Easement Area in a level, smooth and evenly covered condition with the types of
materials and at the same grade and elevation as used by the parties on the date of the completion of
construction of the Easement Area,or portion thereof,except that the parties shall be permitted to use such
substitute materials as will in all respects be equal to or better than the materials originally used by the Owners
with respect to quality.appearance and durability.
CROSS ACCESS AND PARIONG EASEMENT,Page 2
2. Removal from the Easement Area of paper, rubbish, debris. ice, snow and other hazards to persons using the
Easement Area,and washing or thoroughly sweeping paved areas as required.
3. Maintenance of such appropriate parking signs and pavement markings,entrance,exit and directional signs and
markers and lights so as to be uniform with those used on both properties.
4. Such painting and repainting of traffic lines and parking lines to maintain the Easement Area in first-class
condition so as to be uniform with and provide for safe traffic flow between the subject properties.
5. Maintenance, repair and replacement of any drainage facilities located on each party's property so that any such
facilities shall remain in good working order and condition.
ARTICLE III
Miscellaneous
3.01 Not a Public Dedication. Nothing contained in this Agreement shall,or shall be deemed to,
constitute a gift or dedication of any portion of the Soo Young Properties, LLC to the general public or for
the benefit of the general public or for any public purpose whatsoever, it being the intention that this
Agreement will be strictly limited to and for the purposes expressed herein. Soo Young Properties, LLC
hereto shall be permitted, from time to time, to take whatever reasonable action it deems necessary
to prevent any portion of their respective properties from being dedicated or taken for public use or
benefit.
3.02 Termination of Covenant Liability. Whenever a transfer of ownership of a property, or any
portion thereof, herein burdened occurs, to the extent of the portion transferred, the liability hereunder of the
transferor for breach of covenant occurring thereafter automatically shall terminate and the transferee shall become
liable for the covenants and obligations herein provided from and after such transfer of ownership.
3.03 Duration. The Easements herein agreed to, created, and granted shall be perpetual, and may
not be terminated without the express consent of the City of Meridian.
3.04 Severability. If any term or provision of this Agreement, to any extent, shall be held invalid or
unenforceable,the remaining terms and provisions hereof shall not be affected thereby, but each such remaining
term and provision shall be valid and enforced to the fullest extent permitted by law.
3.05 Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of
the State of Idaho.
CROSS ACCESS AND PARKING EASEMENT, Page 3
3.06 Running of Benefits and Burdens. All provisions of this Agreement, including the benefits
and burdens hereof, run with the land and are binding upon and inure to the benefit of the parties and their
respective heirs, assigns, successors, and personal representatives.
IN WITNESS WHEREOF, Soo Young Properties,LLC,intending to be legally bound hereby,have
caused this Cross Access Easement Agreement to be duly executed the day and year first above written.
By :
J n Malan,Manager
CROSS ACCESS AND PARKING EASEMENT, Page 4
STATE OF IDAHO)
:ss.
County of Ada)
On this day 0 A 1 2022,before me,the undersigned Notary Public in and for said State,personally
appeared A ri r. known or identified to me,to be Manager$of Soo Young Properties,
LLC,an Idaho Limited Liability company and the person that executed the withing instrument on behalf of said
limited liability company,and acknowledged to me that such limited liability company 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.
NEW
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M�kS ON 179 N ublic for Idaho
HOTa�r PUBLIC.
STATE OF�pAHO Residing at:
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My commission expires: Tor- %a U
CROSS ACCESS AND PARKING EASEMENT, Page 5
Professional Engineers, Land Surveyors and Planners
M 924 3`d St. So. Nampa, ID 83651
Jn c_ Ph (208) 454-0256 Fax(208) 467-4130
e-mail:dholghey@Lngsonandassociates.us
FOR: Dr. Malan
JOB NO.:JA0822
DATE: November 28,2022
EXHIBIT"A"
INGRESS-EGRESS ACCESS EASEMENT
A parcel of land being all of Lot 4 Block 2 of Swindell Subdivision recorded in Book 113 at Pages
16506-16510 in the office of the Ada County Recorder's situated a portion of the SE1/4 of Section 18,
Township 3 North,Range 1 East,Boise Meridian,City of Meridian,Ada County Idaho,more
particularly described as follows:
Commencing at the southeast corner of the SEl/4,lying N 89°43' 04"E.,2649.16 feet from the
southwest corner of the SE1/4;
Thence S 89°43' 04"W.,420.39 feet along the south boundary of the SE1/4;
Thence N 00° 16' 56"W., 77.58 feet perpendicular to the south boundary of the SE1/4;
Thence N 90°00' 00" W.,6.35 feet to the POINT OF BEGINNING of said easement;
Thence N 900 00' 00"W., 19.00 feet;
Thence S 90° 00' 00"W., 0.51 feet to the beginning of a curve right;
Thence a distance of 6.28 feet along a curve to the right,having a radius of 4.00 feet,a central angle of
900 00, 0011,the long chord of which bears S 450 00' 00"W.,a distance of 5.66 feet;
Thence N 90"00' 00"W., 19.99 feet;
Thence N 00100' 00"E.,66.39 feet to the beginning of a curve left;
Mason &
Associa tcs lnc.
Professional Engineers, Land Surveyors and Planners
Pagel of 3
Thence a distance of 3.52 feet along a curve to the left,having a radius of 22.00 feet,a central angle of
090 09'21",the long chord of which bears N 04°34' 4 1"W.,a distance of 3.51 feet;
Thence N 90°00' 00"W., 104.59 feet;
Thence N 00°00' 00"E., 15.50 feet to the beginning of a curve left;
Thence a distance of 4.71 feet along a curve to the left,having a radius of 3.00 feet,a central angle of
900 00, 0011,the long chord of which bears N 45° 00' 00"W.,a distance of 4.24 feet;
Thence N 90°00' 00"W.,23.71 feet;
Thence a distance of 3.87 feet along a curve to the left,having a radius of 8.00 feet,a central angle of
270 41'06",the long chord of which bears S 76109' 27"W.,a distance of 3.83 feet to the beginning of
a non-tangent curve left;
Thence a distance of 4.87 feet along a curve to the left,having a radius of 227.00 feet,a central angle of
01° 13'48",the long chord of which bears N 28' 05' 07"W.,a distance of 4.87 feet;
Thence N 28142' 10"W.,24.65 feet;
Thence N 90°00' 00"E.,21.09 feet to the beginning of a curve left;
Thence a distance of 4.71 feet along a curve to the left,having a radius of 3.00 feet,a central angle of
900 00, 001",the long chord of which bears N 45°00' 00"E.,a distance of 4.24 feet;
Thence N 000 00' 00"E., 16.50 feet;
Thence N 90°00' 00"E.,79.50 feet;
Thence S 00°00' 00"E., 19.22 feet;
Thence N 90°00' 00"E.,7.00 feet;
Thence N 00"00' 00"E.,69.00 feet;
Thence N 900 00' 00"E., 12.50 feet to the beginning of a curve left;
Thence a distance of 9.42 feet along a curve to the left,having a radius of 6.00 feet,a central angle of
900 00,00",the long chord of which bears N 450 00' 00"E.,a distance of 8.49 feet;
masc:)n &
Associates 11
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Professional Engineers, Land Surveyors and Planners
Page 2 of 3
Thence N 00100' 00"E., 1.3 8 feet;
Thence N 89143' 22"E.,44.83 feet;
Thence S 00°00' 00"E., 11.76 feet to the beginning of a curve left;
Thence a distance of 9.42 feet along a curve to the left,having a radius of 6.00 feet,a central angle of
900 00, 0011,the long chord of which bears S 45" 00' 00"E.,a distance of 8.49 feet;
Thence N 90°00' 00"E., 12.50 feet;
Thence S 00°00' 00"E., 168.00 feet to the POINT OF BEGINNING of said easement.
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Page 3 of 3
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INGRESS-EGRESS ACCESS EASEMENT
LOT 4 BLOCK 2 SWINDELL SUBDIVISION A PART OF THE SE 114 SE 1 A
SECTION 18, T. 3 N., R. 1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO
2022
N89'43'22"E SO'OO'OO"E
NO'OO'OO"E '44 83 11.76'
1.38' G�
N9O'O0'00"E
12.50' N9O'00'00"E
W 12.50'
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N9000"E N90'OO'OO"E $
21. 79.50' z
NO'OO'OO"E SO'00'OO"E
Z G1 16.50' 19.22' g
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o`r 7.00' W
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N9O'OO'00"W
N90'OO'OO"W 104.59,
23.71'
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NSOVWOO"W N90'00'OO"W
19.00' 6.35'
POINT OF
SO'00'00 BEGINNING
N90'00'00"W 0.51'
19.99'
3
Curve Table
Curve # Length Radius Delta Chard Direction Chord Length Tangent z
C2 6.28 4.00 90`00'00* S45100'OO"W 5.66 4.00 S 114
PLS 5291 222&771 420.39' 18 17
C3 3.52 22.00 .9409'21" N414'41"W 3.51 1.76
2649.16' 19 20
C4 4.71 3.00 90'OO'OO" N45'00'00"W 4.24 3.00 CP&F INST. S89'43'04W CP&F INST. NO.
C5 3.87 &00 270411060 S76*09127"W 3.83 1.97 NO 103175247 BASIS OF BEARING 2015-070814
C6 4.87 227.00 113'48" N28'05'07"W 4.87 2.44 E OVERLAND ROAD
C7 4.71 &00 90`00`00* N45'OO'O0"E 4.24 3.00
C8 9.42 6.00 90'00'00" N45'0O'O0"E 8.49 6.00
C9 9.42 6.00 90'OO'00" S45 OOOE 8.49 6.00
a►'�r EXHIBIT "B„
INGRESS-EGRESS ACCESS EASEMENT
a. 936 doe m JA0822
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DH 11-28-22
ADA COUNTY RECORDING Receipt#: 738347 Receipt Date: 12/13/2022 09:31 AM
200 W. Front Street Station: 69 Cashier: LINDSAY WHEELER
Room 1207 Boise ID 83702 Receipt Name: SOO YOUNG PROPERTIES LLC
Comments:
RECORDING
Document# Recording Date Doc Type Doc Fee Add A/R Other Total
2022-098420 12/13/2022 09:27:34 AM REC-510: EASEMENTS 34.00 $34.00
Totals: $34.00 $0.00 $0.00 $34.00
Thank You
Receipt Total $34.00
CREDIT CARD 55228710 $34.00
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