HomeMy WebLinkAboutCC - Cross Access Easement_ RECORDED ADA COUNTY RECORDER Phil McGrane
Recording Requested By and BOISE IDAHO Pgs = 13 CHE FOWLER 202 2 : 1300
07/ 13/2021
When Recorded Return to : CLARK WARDLE LP 0 0 PM
AMOUNT: $: $46. 00
Geoffrey M . Wardle
Clark Wardle LLP P . O . Box 639 01021771202101063000130136
Boise , Idaho 83701
SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY
DECLARATION OF SHARED ACCESS
This Declaration of Shared Access (" Declaration " ) is made this I day of July , 2021 ,
by WWOZ BOISE MERIDIAN LLC , a Kansas limited liability company, ( hereinafter " Grantor") on
the terms and conditions set forth herein .
RECITALS
WHEREAS , Grantor is the owner of certain real property in Meridian , Idaho that it is
presently developing (" Property") ; and
WHEREAS , consistent with the requirements of the City of Meridian , Grantor desires to
grant , declare , and create a perpetual easement , covenant , and servitude for shared access to
ensure that access to N . Olsen Road is maintained over the Property , for the benefit of the owners
of the Property , their invitees , licensees , tenants , and occupants , consistent with this Declaration
in the future , over that portion of the Grantor' s Property that is described in Exhibit "A " and
depicted in Exhibit " B " , subject to the condition precedent set forth below , and the reservation
of rights afforded herein ; and
WHEREAS , Grantor desires that its Property as described in Exhibit " C " be subjected to
the easements , covenants , and servitudes granted , declared , and created hereby .
WITNESSETH
For the uses and on the terms and conditions hereinafter set forth and subject to the
conditions and limitations set forth herein , Grantor does hereby grant , convey and confirm an
easement pursuant to the terms of this Declaration under, over, through and across the Property
owned by Grantor situated in Ada County , Idaho .
This grant is made on the following terms and conditions :
1 . GRANT OF SHARED ACCESS . Subject to the conditions and limitations below ,
Grantor grants , conveys , creates , and confirms a perpetual , non -exclusive easement , covenant,
and servitude for shared vehicular, ingress , egress and access (" Shared Access") , to and from
the Property and N . Olsen Road in the location described in Exhibit "A" and depicted in Exhibit
" B " . This Declaration is hereby expressly limited by the following :
DECLARATION OF SHARED ACCESS - 1
4828-289M969 , v . 3
(a) Consistent with the non -exclusive nature of the Shared Access , Grantor
reserves the right to grant additional easements and rights of way and to make such modification
thereto .
( b) The Shared Access may be relocated from time to time by Grantor in its
development of its Property . Grantor reserves the right , from time to time , to relocate and to
reconfigure all or a portion of the Shared Access at Grantor' s sole cost and expense , provided
however, that such relocation and reconfiguration shall not permanently interfere with the free
and unimpeded flow of vehicular and pedestrian traffic between the Property and N . Olsen Road
beyond the specific time reasonably required to accomplish any such relocation and
reconfiguration . In exercising such reserved right , Grantor shall deliver written notice detailing
such relocation and reconfiguration to the owners of the Property no later than thirty ( 30 ) days
prior to commencing such relocation and reconfiguration . The relocation right contemplated in
this Section is in addition to all rights that Grantor possesses under Idaho Code Section 55-313
to relocate access provided by the Shared Access .
2 . CONDITION PRECEDENT TO GRANT OF SHARED ACCESS . The Declaration
of Shared Access by Grantor in Section 1 above , is expressly conditioned upon the occurrence
of the following events , (collectively the " Condition Precedent" ) :
(a ) Grantor has subdivided or modified the parcel boundaries for the Property
to create two ( 2 ) or more resulting parcels which will benefit from the Shared Access ; and
( b) The City of Meridian and the Ada County Highway District have prohibited
vehicular ingress , egress , and access on to E . Franklin Road from the Property .
Each and every right or obligation contained in this Declaration of Shared Access is
contingent upon the occurrence of the Condition Precedent contained in this Section 2 .
3 . NO PUBLIC RIGHTS . Nothing contained herein shall , or shall be deemed to ,
constitute a gift or dedication of any portion of the Shared Access the general public for the benefit
of the general public or for any public purpose whatsoever. Grantor shall be permitted , from time
to time , to take whatever reasonable action it may deem necessary to prevent any portion of the
Shared Access encumbered by this Declaration from being dedicated or taken for public use or
benefit .
4 . INDEMNIFICATION . Any person or party utilizing the Shared Access 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 Shared Access , except to the extent caused by Grantor or Grantor' s agents ,
employees , contractors , or licensees .
5 . BINDING EFFECT . This Declaration , and the covenants and agreements herein
contained , shall run with the land and , during the entire term hereof, shall be binding upon Grantor
and its successors and assigns .
DECLARATION OF SHARED ACCESS - 2
4828-2890-5969 , v. 3
6 . GOVERNING LAW. This Declaration herein granted shall be governed by ,
construed and enforced in accordance with the laws of the State of Idaho . This Declaration shall
be recorded in Ada County , Idaho .
IN WITNESS WHEREOF , this Declaration has been duly executed by and on behalf of
Grantor , the day , month and year herein first above written .
SIGNATURE ON FOLLOWING PAGE
DECLARATION OF SHARED ACCESS - 3
4828-289M969 , v. 3
GRANTOR :
WWOZ BOISE MERIDIAN LLC , a Kansas
limited liability company
By : John Exline
Its : Vice Preside
Date : ;2 �/ Z
STATE OF Kansas )
) Ss.
County of Sedgwick )
This record was acknowledged before me on /oZ day of July , 2021 , by John
Exline as Vice President of WWOZ Boise Meridian L C .
MICHELLE M. GIAMMASI
NOTARY PUBUC I U L400/
.,; STATE OFKA SAS Signa re of Notary Public
MyAMt. Exp, Lyiot
My Commission expires : G' �/� Oy-
DECLARATION OF SHARED ACCESS - 4
4828-2890-5969 , v. 3
EXHIBIT " A "
Description of Shared Access Area
4828-2890-5969 , v . 3
N I V 15 Delivering Solutions
Improving Lives
Access Easement Description Date : July 8, 2021
An casement situated HI the Southeast 1 /4 of the Southeast 114 of Section 8, Township 3 North,
Range I E, Boise Meridian , City of Meridian, Ada County, Idaho, described as follows:
Commencing at the Southeast corner of said Section 8 , monumented by a found 3 , 5 " brass cap
(CPT InsL No. 2020-052068), from which the South 114 corner of said Section 8, monument by it
found brass cap, (CP141 Inst. No . 104161984) bears North 89"54 ' 35" West, a distance of2571 .02
feet;
Thence North 89"54 ' 35" West, coincident with the South line of said Section 8, a distance of
786.93 feet;
Thence leaving said South line, Norh 00"05 ' 25" Gast, a distance of 40.00 feet, to the SuuthMt
cornea• of the N . Olson Road extension as shown on Record of Survey No. 8999 recorded in the
records of Ada County ;
Thence Nosh 51 "57 ' 14" West , coincident with the easterly right of way of said N. Olson Road,
a distance of 33 .32 feet;
Thence, continuing coincident with said easterly right of way , North 00°04 ' 29" Bast, a distance
of 105 . 53 feet, the POINT OH BEGINNING;
`thence, continuing coincident with said easterly right of way, North 00104 '29" Bast, a distance
of 62 . 85 feet;
Thence South 66044140" East, a distance of 18 . 88 feet;
Thence South 89055 ' 01 " East, a distance of 89.35 feet;
'thence Noah 81 "32' 02" East, a distance of 14.07 feet;
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Thence North 73 " 14 ' 16" East, a distance of 13 .28 feet; '
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Thence South 18 "55 ' 27" East, a distance of 33 .53 feet;
Thence South 70020'20" West, a distance of 31 .38 feet;
Thence South 89007' 13 " Vilest, a distance of 96.77 feet;
Thence South 45 "56'21 " West, a distance of 25 .01 feet, to the POINT OF BEGINNING .
690 S . Industry Way, Ste 10 Merldlan, ID 83642 7208 . 342 . 5400 F 208 . 342 . 5353 wvnv. NV5 . ccm
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4828-2890-5969 , v . 3
Delivering Solutions
Improving Lives
The above described easement contains 5 ,375 square feet, or 0. 12 acres, more or less.
Together with and subject to covenants, easements, and restrictions of record.
The basis of bearings for this description is North 89°54 ' 35" West, between the Southeast corner
of said Section 8 and the South 1 /4 corner of said Section 8 .
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4828-2890-5969 , v . 3
EXHIBIT " B "
Depiction of Shared Access Area
4828-2890-5969 , v . 3
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4828-2890-5969 , v . 3
EXHIBIT " C "
Description of Property
4828-2890-5969 , v . 3
The Land refened to herein below is situated in the County of Ada, State of ID, and is described as follows:
PARCEL I:
A TRACT OF LAND IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, SECTION 8, TOWNSHIP 3 NORTH ,
RANGE 1 EAST, BOIS£ MERIDIAN , IN ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS ;
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 8 ; THENCE
SOUTH 69035' WEST ALONG THE SOUTH LINE OF SAID SECTION , 235 FEET TO THE TRUE POINT OF BEGINNING;
THENCE
NORTH ALONG A LINE PARALLEL TO THE EAST UNE OF SAID SECTION, 205 FEET; THENCE
SOUTH 69035' WEST, 200 FEET; THENCE SOUTH ALONG A LINE PARALLEL TO THE EAST LINE OF SAID SECTION , 205
FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION; THENCE
NORTH 89035' EAST ALONG SAID SOUTH LINE 200 FEET TO THE TRUE POINT OF BEGINNING .
EXCEPT THE SOUTHERLY 40 FEET CONVEYED TO ADA COUNTY HIGHWAY DISTRICT FOR PUBLIC RIGHT OF WAY BY
DEED RECORDED UNDER INSTRUMENT NO , 7816797 .
ALSO EXCEPTING THEREFROM :
ANY PORTION OF SAID PROPERTY DEEDED TO ADA COUNTY HIGHWAY DISTRICT BY WARRANTY DEED RECORDED
IULY 11 , 2003 AS INSTRUMENT NO , 103115464 , RECORDS OF ADA COUNTY, IDAHO,
PARCEL II :
A TRACT OF LAND SITUATED 114 THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP
3 NORTH , RANGE 1 EAST, BOISE MERIDIAN ADA COUNTY, IDAHO, DESCRIBED AS FOLLOWS ;
COMMENCING AT A FOUND BRASS CAP MONUMENTING THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF
SAID SECTION 8 ;
THENCE ALONG THE EASTERLY LINE OF SAID SOUTHEAST QUARTER, SAID EASTERLY UNE ALSO BEING THE
CENTERLINE OF EAGLE ROAD, SOUTH 00055'00' WEST A DISTANCE OF 2650 . 15 FEET TO A FOUND BRASS CAP
MONUMENTING THE SOUTHEAST CORNER OF SAID SECTION B; THENCE LEAVING SAID EASTERLY UNE AND ALONG
THE SOUTHERLY LINE OF SAID SOUTHEAST QUARTER, SAID LINE ALSO BEING THE CENTERLINE OF FRANKLIN ROAD,
SOUTH 89032 '22 ' WEST A DISTANCE OF 871 , 18 FEET TO A SEET STEEL PIN; THENCE LEAVING SAID SOUTHERLY LINE
NORTH 00°28'00' WEST A DISTANCE OF 204 .94 FEET TO A SET STEEL PIN , SAID PIN BEING THE POINT OF
BEGINNING . THENCE
NORTH 00028'00" WEST A DISTANCE OF 315. 11 FEET TO A SET STEEL PIN BEING THE SOUTHWEST CORNER OF THE
OLSON AND BUSH INDUSTRIAL PARK ( A. RECORDED SUBDIVISION ON FILE IN BOOK 44 OF PLATS, AT PAGES 3581 AND
3582 ); THENCE
SOUTH 89001 '16" EAST, ALONG THE SOUTHERLY BOUNDARY OF SAID INDUSTRIAL PARK, A DISTANCE OF 783 .48 FEET
TO A FOUND STEEL PIN BE114G ON SAID SOUTHERLY BOUNDARY; THENCE
SOUTH 00055VO" WEST A DISTANCE OF 295 . 51 FEET TO A FOUND BRASS CAP; THENCE
SOUTH 8903272" WEST A DISTANCE OF 776 . 10 FEET TO THE POINT OF BEGINNING .
4828-2890-5969, v . 3
TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRE55 OVER AND ACROSS THE FOLLOWING DESCRIBED PARCEL
OF LAND, TO WIT , A TRACT OF LAND SITUATED iN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 8 , TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE [.MERIDIAN , ADA COUNTY, IDAHO, DESCRIBED AS FOLLOWS :
COMMENCING AT A FOUND BRASS CAP MONUMENTING THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF
SAID SECTION 8;
THENCE ALONG THE EASTERLY LINE OF SAID SOUTHEAST QUARTER , SAID EASTERLY LINE ALSO BEING THE
CENTERLINE OF EAGLE ROAD , SOUTH 00055000" WEST A DISTANCE OF 2650 . 15 FEET TO A FOUND BRASS CAP
MONUMENTING THE SOUTHEAST CORNER OF SAID SECTION 8;
THENCE LEAVING SAID EASTERLY LINE AND ALONG THE SOUTHERLY LINE OF SAID SOUTHEAST QUARTER , SAID
SOUTHERLY LINE ALSO BEING THE CENTERLINE OF FRANKLIN ROAD, SOUTH 89° 32 ' 22' WEST A DISTANCE OF 871 . 18
FEET TO A SET STEEL PIN , SAID PIN BEING THE POINT OF BEGINNING . THEI4CE
NORTH 00°28'00' WEST A DISTANCE OF 204 .94 FEET TO A SET STEEL PIN ; THENCE
NORTH 89032'22' EAST A DISTANCE OF 60.00 FEET TO A POINT; THENCE SOUTH 00028'00` EAST A DISTANCE OF
204 . 94 FEET TO A POINT ON SAID SOUTHERLY LINE OF THE SOUTHEAST QUARTER;
THENCE ALONG SAID SOUTHERLY LINE SOUTH 89032122 IT WEST A DISTANCE OF 60.00 FEET TO THE POINT OF
BEGINNING.
THE RIGHTS IN A CERTAIN EASEMENT OVER A 5S .0 FOOT WIDE STRIP OF LAND DESCRIBED 1N THAT CERTAIN
EASEMENT DATED MAY 261 1988, AND RECORDED JUNE 27, 1988, AS INSTRUMENT NO , 8830999/ RECORDS OF ADA
COUNTY, IDAHO, SAID STRIP OF LAND IS IN A PORTION OF LOT 1 OF BLOCK 2 OF OL50N AND BUSH INDUSTRIAL
PARK, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 44 OF PLATS AT PAGES 3581 AND 3582, RECORDS OF ADA
COUNTY, IDAHO, AS CONVEYED BY QUIT CLAIM DEED RECORDED AUGUST 15, 1994 , AS INSTRUMENT NO . 94074961
RECORDS OF SAID COUNTY ,
LESS AND EXCEPTING THEREFROhM , ANY PORTION OF SAID PROPERTI' DEEDED TO ADA COUNTY HIGHWAY DISTRICT
BY WARRANTY DEED RECORDED SEPTEMBER 29, 2011 , AS INSTRUMENT NO, 111078607 RECORDS OF ADA COUNTY,
IDAHO.
PARCEL III :
A TRACT OF LA14D SITUATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP
3 NORTH , RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, DESCRIBED AS FOLLOW50
COMMENCING AT A FOUND BRASS CAP MONUMENTING THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF
SAID SECTION 8 ; THENCE ALONG THE EASTERLY LINE OF SAID SOUTHEAST QUARTER, SAID EASTERLY LINE AL50
BEING THE CENTERLINE OF EAGLE ROAD, SOUTH 00955'00" WEST A DISTANCE OF 2650 . 15 FEET TO A FOUND BRASS
CAP MONUMENTING THE SOUTHEAST CORNER OF SAID SECTION 6;
THENCE LEAVING SAID EASTERLY LINE AND ALONG THE SOUTHERLY LINE OF SAID SOUTHEAST QUARTER, SAID
SOUTHERLY LINE AL50 BEING THE CENTERLINE OF FRANKLIN ROAD, SOUTH 89° 32 '22 " WEST A DISTANCE OF 871 . 18
FEET TO A SET STEEL PIN , SAID PIN BEING THE POINT OF BEGINNING ; THENCE
NORTH DD028'00' WEST A DISTANCE OF 204 .94 FEET TO A SET STEEL PIN ; THENCE
NORTH 89 °32022' EAST A DISTANCE OF 441613 FEET TO A SET STEEL PIN,' THENCE
SOUTH 00055'00' WEST A DISTANCE OF 205 .00 FEET TO A SET STEEL PIN ON SAID SOUTHERLY LINE OF THE
SOUTHEAST QUARTER ;
THENCE ALONG SAID SOUTHERLY LINE SOUTH 89032'22" WEST A D15TANCE OF 436 . 18 FEET TO THE POINT OF
BEGINNING.
EXCEPT THE SOUTHERLY 40 FEET CONVEYED TO ADA COUNTY HIGHWAY DISTRICT BY DEED RECORDED UNDER
INSTRUMENT NO , 7816796 .
ALSO EXCEPTING THEREFROI40
ANY PORTION OF SAID PROPERTY DEEDED TO ADA COUNTY HIGHWAY DISTRICT BY WARRANTY DEED RECORDED
4828-2890-5969 , v. 3
) ULY 11 , 2003 , AS INS RUMENT fd0. 103115934 , RECORDS OF ADA COUNTY, IDAHO .
FURTHER LESS AND EXCEPTING THEREFROM :
ANY PORTION OF SAID PROPERTY DEEDED TO ADA COUNTY HIGHWAY DISTRICT BY WARRANTY DEED RECORDED
SEPTEMBER 29, 2011 , A5 INSTRUMENT NO . 111078607 RECORDS Or ACA COUNTY, IDAHO .
Parcel Number , S 1 108449316 , S 1108449700 , S 1108449800
4828-2890-5969 , v . 3