HomeMy WebLinkAboutMillwood Subdivision Emergency Access License Agreement ADA COUNTY RECORDER Trent Tripple 2024-011423
BOISE IDAHO Pgs=10 BONNIE OBERBILLIG 03/06/2024 08:44 AM
CITY OF MERIDIAN, IDAHO NO FEE
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO,
MERIDIAN CITY CLERK
33 E,Broadway Avenue
Meridian,Idaho 83642
EMERGENCY ACCESS LICENSE AGREEMENT
This EMERGENCY ACCESS LICENSE AGREEMENT ("Agreement") is made this 5th
day of March , 2024 ("Effective Date"), by and between the City of Meridian, a municipal
corporation organized under the laws of the State of Idaho ("City"),Epic Development Victory,
LLC, an Idaho limited liability company ("ED") and the Millwood Homeowners Association, Inc.,
an Idaho non-profit corporation("HOA"). City, ED and HOA may be referred to individually as
"Party" or collectively as "Parties."
WHEREAS,ED owns the property commonly known as 1975 E. Victory Rd., in the NW
1/4 of Section 29, T.3N., R.IE. (Parcel #S1129223095) which is more specifically described in
Exhibit A attached hereto and incorporated by reference herein ("Property");
WHEREAS,the ED application for annexation and R-8 zoning and a preliminary plat for
Millwood Subdivision for the Property was approved by the City subject to specific conditions of
approval;
WHEREAS, condition of approval Le. required utilization of fire sprinklers in the homes
unless ED demonstrated that its current easement described in Exhibit B, attached hereto and
incorporated herein, ("Easement") may be used for emergency vehicle access only for the Property;
WHEREAS, ED has demonstrated and warranted that the Property is the dominant estate
and that, subject to the terms of this Agreement, the Easement may be used for emergency vehicle
access only for the Property; and
WHEREAS, ED formed the HOA governing the Property and the HOA shall be responsible
for the on-going maintenance and repair of the Easement and will allow a City representative(s)to
periodically inspect the Easement and provide a representative of the HOA to accompany the City
representative during such inspection.
NOW,THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein
contained,the Parties agree as follows:
2024 EMERGENCY ACCESS LICENSE AGREEMENT PAGE 1 OF 10
I. HOA RESPONSIBILITIES.
A. HOA. The BOA shall maintain, keep up and repair the Easement, including the driving
surface of the road and bollards within the Easement, so that it is in good usable condition
that is adequate at all times for emergency vehicle use when needed. Upon reasonable
advance notice and at reasonable times, the HOA will allow a City representative(s) to
periodically inspect the Easement and corresponding road and will provide a representative
from the HOA to accompany the City representative(s) during any such inspection.
B. This obligation shall expire and terminate once the Easement is no longer needed for
emergency vehicle access for the Property under City emergency vehicle access
requirements.
II. ED's RESPONSIBILITIES.
A. LICENSE GRANTED.ED hereby grants a license to the City to utilize the Easement for
emergency vehicle access to the Property, subject to the terms of this Agreement. ED and the
HOA covenant that no additional licenses concerning the Easement shall be provided to a third
party without the City's prior written consent, which shall not unreasonably be withheld.
B. Indemnification. ED represents and warrants that, subject to the terms of this Agreement,
the City is authorized to use the Easement for emergency vehicle access to the Property. As the
developer, ED agrees that it will hold harmless, indemnify and defend the City and its officers
and employees from and against any and all liability, suits, claims,losses, actions, or judgments,
costs and fees, including any costs and attorney's fees incurred therein, pertaining to the City's
ability to use the Easement for emergency vehicle access to the Property. Notwithstanding any
other provision to the contrary, this Section ILB shall survive the termination of this Agreement
and shall remain in effect until potential causes of action concerning this Agreement have been
time barred by the statute of limitations.
HI.GENERAL TERMS.
A. Term. This Agreement shall remain in effect until the Easement is no longer needed to
comply with City emergency vehicle access requirements to the Property or until terminated
by the Parties hereto.
B. Notice. Notice required to be provided by either of the parties under this Agreement shall
be in writing and be deemed communicated when mailed by United States Mail, addressed
as follows:
City: City of Meridian MDC: Jarron Langston
City Attorney's Office Epic Development Victory,LLC
33 E. Broadway Avenue 1831 E. Overland Rd.
Meridian ID 83642 Meridian, ID 83642
2024 EMERGENCY ACCESS LICENSE AGREEMENT PAGE 2 OF 10
Millwood Homeowners Association, Inc.
C/O Jarron Langston, President
3140 W. Belltower Dr.
Meridian, ID 83646
Any party may change its address for the purpose of this paragraph by giving formal notice
of such change to the other Parties in the manner herein provided.
C. Entire agreement; modification. This Agreement embodies the entire agreement and
understanding between the parties pertaining to the subject matter of this Agreement, and
supersedes all prior agreements, understandings, negotiations, representations, and
discussions, whether verbal or written, of the parties pertaining to that subject matter. The
Agreement may not be changed, amended, or superseded unless by means of writing
executed by both Parties hereto. The recitals set forth above are fully incorporated herein.
This Agreement shall be recorded with the Ada County Recorder's Office.
D. Termination. The Parties may collectively agree in writing to terminate this Agreement at
any time. Once the City emergency vehicle access standards no longer require the use of the
Easement for emergency vehicle access to the Property, then the Parties will promptly
execute a document acknowledging the termination of this Agreement and record said
termination with the Ada County Recorder's Office.
E. Enforcement. If any Parry is in violation of the terms of this Agreement any of the other
Parties may provide written notice of the violation to said Party. The violating Party shall
have thirty (30) days from the date notice was provided to cure the violation and if said
violation is cured within said timeframe the violation shall be deemed cured and of no
further effect. The Parties may collectively agree in writing to extend the time to cure. If a
violating Parry does not cure the violation the non-violating Party(ies)may cure the
violation and seek and receive prompt reimbursement of the costs associated with curing the
violation from the Party in violation or pursue an action for specific performance.
F. Severabitity. If any part of this Agreement is held to be invalid or unenforceable, such
holding will not affect the validity or enforceability of any other part of this Agreement so
long as the remainder of the Agreement is reasonably capable of completion. The invalidity
or unenforceability of any provision of this Agreement shall not affect the other provisions,
and this Agreement shall be construed in all respects as if any invalid or unenforceable
provision were omitted.
G. Applicable Law. The Agreement shall be governed by the laws of the State of Idaho and
jurisdiction for any disputes arising hereunder shall be in the Fourth Judicial District, Ada
County, State of Idaho.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement to effective on
the date first noted above.
(End Text. Signatures to Follow)
2024 EMERGENCY ACCESS LICENSE AGREEMENT PAGE 3 OF 10
EPIC DEVELOPMENT VICTORY, LLC:
Signature: -
Epic Development Company, LLC, Member of Epic Development Victory, LLC
Epic Enterprises, Inc., Member of Epic Development Company, LLC
Jarron Langston, Director
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on Zp'th rl,Puar, 2024, by Jarron Langston on behalf of
Epic Development Victory, LLC, Epic Development Company, LLC (Member) and Epic
Enterprises, Inc. (Member) in his capacity as Director.
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2024 EMERGENCY ACCESS LICENSE AGREEMENT PAGE 4 OF 10
MILLWOOD HOMEOWNERS ASSOCIATION, INC
Signature: R ' --
Jarron Langston res' nt
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me onZ --h r , 2024,by Jarron Langston on behalf of
Millwood Homeowners Association, Inc. in his capacity as President.
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2024 EMERGENCY ACCESS LICENSE AGREEMENT PAGE 5 OF 10
CITY OF MERIDIAN: Attest:
Robert E. Simison, Mayor 3-5-2024 Chris Johnson, City Clerk 3-5-2024
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on March 5th, 2024, by Robert E. Simison and
Chris Johnson on behalf of the City of Meridian in their capacities as Mayor and City Clerk,
respectively.
Notary Signature:
My Commission Expires: 3-28-2028
2024 EMERGENCY ACCESS LICENSE AGREEMENT PAGE 6 OF 10
Exhibit A—Property (PARCEL 1 in Warranty Deed Below)
F
A COUNTY RECORDER Phil MCGrane 2022-043377
ISEIDAHO Pgs=2BONNIEO8ERBILLIG 05/03/2022 04:49 PM
IDAHO $1500
WHEN RECORDED MAIL TO
Idaho Title Agency,LLC dint T.A.of Southern Idaho
995 S.Allante Place
Boise,ID 83709
File No.751-000741
SPACEABOVETHJSL/NE FOR RECORDER'S U.S'E
- WARRANTY DEED -FOR VALUE RECEIVED
David R.Andrus and Beth N.Williams Trustees of the David R.Andrus and Beth N.Williams Living Trust,
dated September 7,2021
GRANTORS hereby GRANT,BARGAIN,SELL,and CONVEY unto:
Epic Development Victory LLC,an Idaho limited liabilty company
GRANTEE,whose current address is 1831 E.Overland Rd,Meridian,ID 83646 the following described real
property situated in Ada County,Idaho more particularly described as follows,to wit:
Parcel 1:
A tract of land situated in a portion ofthe Northwest quarter ofthe Northwest quarter of Section 29,Township 3
North,Range 1 East ofthe Boise Meridian,Ada County,Idaho,more particularly described as follows:
Commencing at the West 1/16 comer common to Sections 20 and 29,Township 3 South,Range 1 East,Boise
Meridian,marked by a found 518 inch iron pin;thence
South 00'09'East 717.27 feet along the East line of the Northwest quarter ofthe Northwest quarter to a point on
the Southwesterly right ofway line of Eight Mile Lateral marked by a set 1/2 inch iron pin PLS 4108 and the Real
Point of Beginning;thence continuing -
South 00°09'East,302.30 feet along the East line of the Northwest quarter ofthe Northwest quarter to a found 518
inch iron pin;thence
North 73°02'59"West,355.34 feet to a found 518 inch iron pin;thence
North 00°00'05"East 717.91 feet to a point on the Southwesterly right ofway line of Eight Mile Lateral and
marked by a set 1/2 inch iron pin PLS 4108;thence
South 38=59'00"East 220.44 feet along said Southwesterly right ofway of Eight Mile Lateral;thence continuing
on said right ofway
South 30'00"East 401.70 feet to the Real Point of Beginning.
Parcel 2:
An Easement for ingress and egress over the following:
A tract of land situated in a portion of the Northwest quarter ofthe Northwest quarter of Section 29,Township 3
North,Range 1 Beat,Boise Meridian,Ada County,Idaho,more particularly described as follows:
Beginning at the West 1/16 corner common to Sections 20 and 29,Township 3 North,Range 1 East,Boise
Meridian,marked by a found 5/8 inch iron pin;thence
South 00=00'09"East,537.53 feet along the East line ofthe Northwest quarter ofthe Northwest quarter to a point
on the Northeasterly right ofway line of Eight Mile Lateral and marked by a set 1/2 inch iron pin PLS 4108;thence
2024 EMERGENCY ACCESS LICENSE AGREEMENT PAGE 7 GF 10
North 30°08'00"West,89.92 feet along said right of way to a point;thence
North 69067'00"East,17.38 feet to a point;thence
North 00"00'09"West,451.11 feet,30.00 feet West of and parallel with the East line of the Northwest quarter of
die Northwest quarter to a point on the North line of the Northwest quarter of the Northwest quarter;thence
South 89°49'00"East,30.00 feet along last said North line to the Point of Beginning.
To have and to hold the said premises,unto the said grantees,Reim and assigns forever.
TO 14AVE AND TO HOLD the said premises,with their appurtenances unto the said Grantee and Grantee heir and
assigns forever.And Grantors is the owners in fee simple of said premises,that said premises are free from all
encumbrances,EXCEPT those to which this conveyance is expressly made subject and those made,suffered or done
by the Grantee;mid subject to reservations,rastrictions,dedications,easements,rights of way and agreements,if any,
of record,and general taxes and assessments,(including irrigation and utility assessments,if any)for the current year
which are not yet due and payable and the Grantors will warrant and defend the same from all lawful claims
whatsoever.
Dated this* deyaf_'d'0/'J,L_David IL R A s and Beth N. illiams Living Trust,dated September 7,2021
David R..Andres,Trustee
fal�l)r' 11 By: 1 Sr W
Beth N.Williams,Trustee
Stale or_4 R r'-Qiz4____
County of Irl,ARlea AA
On this-AY—day of April in the year 2022,before me,the undersigned,a notary public in and for said state,
personally appeared David R.Andrus and Beth N.Wllllams,known or identified to me to be the person(s)whose
names are subscribed to the within instrument as trustless of the David R.Andrus and Beth N.Williams Living Trust,
dated September 7,2021 bust and acknowledged to me that they executed the same as trustee.
Ste,�. ✓/
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My CommissionExplies: O�Sc��2py5! reaw C"ANNNtaa'pn
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2024 EMERGENCY ACCESS LICENSE AGREEMENT PAGE 8 OF 10
Exhibit B —Easement (PARCEL 2 in Warranty Deed Below)
ADA COUNTY RECORDER Phil McGrane 2022-043377
BOISE IDAHO Pgs=2 BONNIE OBERBILLIG 05/03/2022 04:49 PM
751 IDAHO $15.00
WHEN RECORDED MAIL TO
Idaho Title Agency,LLC ditto T.A.of Southern Idaho
995 S.Allente Place
Boise,ID 93709
File No.751-000741
SPACEABOVETHISLINEFOR RECORDER'S U.5'E
WARRANTYDEED
FOR VALUE RECEIVED
David R.Andrus and Beth N.Williams Trustees of the David R.Andres and Beth N.Williams Living Trust,
dated September 7,2021
GRANTORS hereby GRANT,BARGAIN,SELL,and CONVEY unto:
Epic Development Victory LLC,an Idaho limited liabiity,company
GRANTEE,whose current address is 1831 E.Overland Rd,Meridian,ID 83646 the following described real
property situated in Ada Cowry,Idaho mom particularly described as follows,to wit:
Parcel 1:
A tract ofland situated in a portion ofthe Northwest quarter ofthe Northwest quarter of Section 29,Township 3
North,Range 1 East of the Boise Meridian,Ada County,Idaho,mom particularly described as follows:
Commencing at the West 1116 corner common to Sections 20 and 29,Township 3 South,Range 1 Easy Boise
Meridian,marked by a found 5/8 inch iron pin;thence
South 00009'East,717.27 feet along the East line ofthe Northwest quarter of the Northwest quarter to a point an _
the Southwesterly right ofway line of Eight Mile Lateral marked by a set 1/2 inch iron pin PLS 4108 and the Real
Point of Beginning;thence continuing
South 00-09'East,302.30 feet along the East line ofthe Northwest quarter ofthe Northwest quarter o a found 518
inch iron pin;thence
North 7300259"West,355.34 feet to a found 518 inch ban pin;thence
North 00000'05"East 717.91 feet to a point w the Southwesterly right of way line of Eight Mile Lateral and
marked by a set 1/2 inch bon pin PLS 4108;thence
South 38-59100"East 220.44 feet along said Southwesterly right of way of Eight Mile Lateral;thence continuing
on said right of way
South 30100"East 401.70 feet to the Real Point of Beginning.
Parcel 2:
An Easement for ingress and egress over the following:
A tract of land situated in a portion of the Northwest quarter of the Northwest quarter of Section 29,Township 3
North,Range I East,Boise Meridian,Ada County,Idaho,more particularly described as follows;
Beginning at the West 1116 comer common to Sections 20 and 29,Township 3 North,Range 1 East,Boise
Meridian,marked by a found 5/8 inch imn pin;thence
South 00000'09"Past,537.53 feet along the East line of the Northwest quarter of the Northwest quarter to a point
on the Northeasterly right of way line of Eight Mile Lateral and marked by a set I/2 inch iron pin PLS 4108;thence
2024 EMERGENCY ACCESS LICENSE AGREEMENT PAGE 9 OF 10
North 30008'00"West,99.92 feet along said right of way to a point;thence
North 69°67'00"East,17.38 feet to a point;thence
North 00°00'09"West,451.11 feet,30.00 feet West of and parallel with the East line of the Northwest quarter of
the Northwest quarter to a point on the North line of the Northwest quarter of the Northwest quarter;thence
South 89°49'00"East,30.00 feet along last said North line to the Point of Beginning.
To have and to hold the said premises,unto the said grantees,heirs and assigns forever.
TO HAVE AND TO HOLD the said premises,with their appurtenances unto the said Grantee and Grantee heir and
assigns forever. And Grantors is the owners in fee simple of said premises,that said premises are free from all
encumbrances,EXCEPT those to which this conveyance is expressly made subject and those made,suffered or done
by the Grantee;and subject to reservations,restrictions,dedications,easements,rights of way and agreements,if any,
of record,and general taxes and assessments,(including litigation and utility assessments,if any)for the current year
which are not yet due and payable and the Grantors will warrant and defend the same from all lawful claims
whensoever. ^ ,,,,_
Dated thisday of_ c,�L
DBavidd.R..A sand etN. 11L Trst,dated September 7,2021
y; �—
11
David R.Andras,Trustee
By:
Beth N.Willims,Trustee
State Of_4 R(Z 1'}A14
County of M A hte.,�7A`A
On this,$.-day of April in the year 202Z before me,the undersigned,a notary public in and forsaid state,
personally appeared David R.Andrus and Beth N.Williams,known or identified to me to be the persorl whose
names are subscribed to the within Instrument as trustees of the David R.Andrus and Beth N.Williams Living Trust,
dated September 7,2021 bust and acknowledged to me that they executed the same as trustee.
Notary Public
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2024 EMERGENCY ACCESS LICENSE AGREEMENT PAGE 10 OF 10