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HomeMy WebLinkAboutWindrow Subdivision No. 1 Emergency Access Easement No. 1 ESMT-2024-0079 (2024-033000) ADA COUNTY RECORDER Trent Tripple 2024-033000 BOISE IDAHO Pgs=5 MATT BUNK 06/20/2024 08:38 AM Project Name,Subdivision Name,or Building Name: CITY OF MERIDIAN, IDAHO NO FEE Windrow Subdivision No. 1 Emergency Access Easement Number: Identify this Fasement by sequential number if the project contains❑rare than one easement of this type.See instructions/checklist for additional information. l'or Intemal use Only ESMT-2024-0079 Record Number: EMERGENCY ACCESS EASEMENT AGREEMENT THIS Easement Agreement made this 18th day of --- June 20 24 between C4 Land LLC ("Grantor")and the City ofMeridian,an Idaho Municipal Corporation("Grantee"); WITNESSETH: WHEREAS,Grantor is the owner of real property on portions of which the City of Meridian is requiring an access area for emergency vehicles as a condition of development approval; and WHEREAS, Grantor desires to grant an easement for ingress and egress across those certain parts of Grantor's property defined herein to allow for emergency vehicle access; and WHEREAS,Grantor shall construct certain improvements upon the easement described herein; and NOW,THEREFORE,the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE CASEMENT hereby granted is for the purpose of providing anon-exclusive easement and right-of-way on, over,across and through Grantor's property with the free right of access to such property at any and all times and for the purpose of allowing egress and ingress to and from the property for emergency vehicle access. Pursuant to the International hire Code, this access road shall be constructed of an improved surface capable of supporting 82,000 GV W; TO HAVE AND TO HOLD,said easement unto said Grantee, its successors and assigns forever; THE GRANTOR hereby covenants and agrees that no structures shall be constructed,erected, or placed upon the surface of the easement area that would materially impair the normal operation or use ofthe easement area for emergency vehicular purposes. The term "structures" includes, but is not limited to, buildings,trash enclosures, carports, sheds, fences, trees,and shrubs. THE GRANTOR further covenants and agrees there shall be no parking of vehicles within the easement area. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the patties hereto,that the Grantor shall repair and maintain the access roadway improvements. EMERGENCY ACCESS EASEMENT Page 1 01/01/2024 THE GRANTOR hereby covenants and agrees with the Grantee that should any part ofthe easement hereby granted become part of, or lie within the boundaries ofany public street, then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof,shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed ofthe aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR STATE OF IDAHO ) )ss County ofAda ) This 1•ecord was acknowledged before me on q �(date) by A ` - _,on behalfof in the following re resentative c pacity:_M (type ofauthority such as officer or trustee) Notary Stamp Below o•'��t►tE LA�V�'•. '',•� ••'•N•��••••••�.•i•, Notary gignature G;lypTARy'•. My Commission Expires: �"'�'1s -?n�fp SnpUBL C" EMERGENCY ACCESS EASEMENT Page 2 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 6-18-2024 Attest by Chris Johnson,City Clerk 6-18-2024 STATE OF IDAHO, } ss. County of Ada ) This record was acknowledged before me on 6-18-2024(date) by Robert E. Simison and Chris Johnson on behalfofthe City ofMeridian,in their capacities as Mayor and City Clerk, respectively. Notary Slump Below Notary Signature My Commission Expires: 3-28-2028 EMERGENCY ACCESS EASEMENT Page 3 01/01/2024 A, kk Sawtooth Land Surveying, LLC EXHIBIT A 5jY=r- / P: (208) 398-8104 F: (208) 398-8105 r 5vro n''/IG 2030 5. Wa5hington Ave., Emmett, ID 83G 17 Sanitary Sewer and Emergency Access Legal Description BASIS OF BEARINGS is N. 0131'28" E. between a found brass cap LS 737, marking the southwest corner of Section 25 and a found aluminum cap PLS 13934 marking the 1/4 corner common to Sections 25 and 26, T. 3 N., R. 1 W., B.M., Ada County, Idaho. An easement located in the S1/2 of the SW1/4 of Section 25, Township 3 North, Range 1 West, Boise Meridian, City of Kuna, Ada County, Idaho, more particularly described as follows: COMMENCING at a brass cap marking the southwest corner of said Section 25; Thence S. 89032'33" E., coincident with the south line of said SW1/4, a distance of 300.06 feet to a 5/8" rebar/cap PLS 5617; Thence N. 0031'14" E., 337.26 feet; Thence S. 8912832" E., 114.96 feet to the POINT OF BEGINNING; Thence N. 0031'28" E., 119.34 feet; Thence N. 75051'42"W., 74.34 feet; Thence N. 89112832"W., 243.73 feet; Thence S. 0131'28"W., 35.00 feet; Thence N. 89028'32"W., 20.00 feet; Thence N. 0031'28" E., 35.00 feet; Thence N. 89028'32"W., 29.02 feet; Thence N. 0031'28" E., 20.00 feet; Thence S. 8912832" E., 295.13 feet; D Thence S. 75151'42" E., 101.72 feet; o `: 115 7 Thence S. 0131'28"W., 132.90 feet; °- CD Thence N. 8902832"W., 29.00 feet to the POINT OF BEGINNING, A- 0 ✓F� -�y Said easement contains 0.275 more or less. r DtAO\ P:\2023\1 EMT\123048-WINDROW SUB-CONGER\Survey\Drawings\Legal Descriptions\Sanitary Sewer and Emergency Access Ease.docx Page 11 L� EXHIBIT B BASIS OF BEARING S. LINDER RD N 00°31'28"E 2652.48' x �� �tg G �N 20.00' N 00031'28"E f I fV I I A f I 35.00' of i �n3z a I PROt ( � 3 C) n I o y n can -C r I I cn O ZE do l•� I i I ti I I - I ' rn I 0 o i wI iw I - m I I A c I O ? w f I I I v G p N 00031114"E 33Z26' � T o j yo I �o I w f v �l I ry n Z � � r v �tv �, ^1 � � I o 119.34' - m to ---------------------1 O� 3 ru o I - W,Z o L---S 00°31'28'"W 132.90'--- n w N 2 °p'COO o�o� n oornz za. , �j O ��V< C� i � 6