HomeMy WebLinkAboutBiltmore Emergency Access Relinquish of Easement ESMT-2024-0154 (2026-004288) ADA COUNTY RECORDER Trent Tripple 2025-004288
BOISE IDAHO Pgs=10 VICTORIA BAILEY 01/22/2025 03:16 PM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2024-0154
FULL RELEASE OF EASEMENT
TYPE OF EASEMENT BEING RELEASED: Emergency Access Easement Agreement
GRANTEE: CITY OF MERIDIAN
GRANTOR: Biltmore Estates LLC INCLUDING SUCCESSORS AND ASSIGNS
WHEREAS, by easement dated July 27 , 2021 and recorded as Instrument
Number 2021-130944 in the records of Ada County, State of Idaho, an easement of the
type and nature set forth in the above-captioned title was granted to the City of Meridian, an Idaho
Municipal Corporation, over and across the real property legally described therein.
WHEREAS, the continuance of this easement is no longer necessary or desirable.
NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby vacate,
relinquish, release and abandon the said rights and easements hereinabove referred to and described, with
the intent that the same shall forthwith cease and be extinguished.
IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its
proper officers thereunto duly authorized this 21 St day of January 2025
CITY OF MERIDIAN
Robert E. Sim a 25
� ! (:>W,y
� SEAL
Attest by Ch is Johnson—, ity Clerk 1-21-2025
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 1-21-2025 (date) by Robert E. Simison and
Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,
respectively.
CHARLENE WAY
COMMISSION No. 67390 Notary Signature 3-28-2028
NOTARY PUBLIC My Commission Expires:
STATE OF IDAHO
Version 01/01/2020
ADA COUNTY RECORDER Phil McGrane 2021-130944
BOISE IDAHO Pgs=9 ANGIE STEELE 09/03/2021 08:45 AM
CITY OF MERIDIAN, IDAHO NO FEE
ADA COUNTY RECORDER Phil McGrane 2021-112389
BOISE IDAHO Pgs=6 ANGIE STEELE 07/28/2021 09:36 AM
CITY OF MERIDIAN,IDAHO NO FEE
Re-Record to correct Grantor,replacing page I -original document with page IA Change of Grantor and
replacing signature page and notary page to reflect correct Grantor.
Project Name(Subdivision): Grayetiff Estate
Emergency Access Easement
EMERGENCY ACCESS EASEMENT AGREEMENT
THIS AGREEMENT made this27th day of July 1 2021, between
Biltmore Estates LLC, hereinafter referred to as"Grantor"and the City of Meridian, an Idaho
municipal corporation, hereinafter referred to as"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 EASEMENT hereby granted is for the purpose of providing a non-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 Fire Code, this access road
shall be constructed of an improved surface capable of supporting 80,000 GVW;
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 of the easement area for emergency vehicular purposes.No parking of vehicles
within the easement area shall be permitted. THE GRANTOR hereby covenants and agrees that it
will not place or allow to be placed any permanent structures,trees,brush, or perennial shrubs or
flowers within the area described for this easement,which would interfere with the use of said
easement, for the purposes stated herein.
IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto, that
the Grantor shall repair and maintain the access roadway improvements. The easement area
shall be maintained 365 days a year, including grading and plowing.
EMERGENCY ACCESS EASEMENT,PAGE 1 02/14/2020
Page 1 - Original Document
Re-Record to correct Grantor,replacing page 1 -original document with page lA Change of Grantor
and replacing signature page and notary page to reflect correct Grantor.
Project Name(Subdivision): Graycliff Estates
Emergency Access Easement
EMERGENCY ACCESS EASEMENT AGREEMENT
THIS AGREEMENT made this27th day of July , 2021, between
Biltmore Estates LLC, hereinafter referred to as "Grantor" and the City of Meridian, an Idaho
municipal corporation, hereinafter referred to as "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 EASEMENT hereby granted is for the purpose of providing a non-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 Fire Code, this access road
shall be constricted of an improved surface capable of supporting 80,000 GVW;
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 of the easement area for emergency vehicular purposes. No parking of vehicles
within the easement area shall be permitted. THE GRANTOR hereby covenants and agrees that it
will not place or allow to be placed any permanent structures, trees,brush, or perennial shrubs or
flowers within the area described for this easement,which would interfere with the use of said
easement, for the purposes stated herein.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that
the Grantor shall repair and maintain the access roadway improvements. The easement area
shall be maintained 365 days a year, including grading and plowing.
EMERGENCY ACCESS EASEMENT,PAGE 1 02/14/2020
Page 1 Original Document
Re-Record to correct Grantor,replacing page 1 -original document with page IA Change of Grantor
and replacing signature page and notary page to reflect correct Grantor.
Proiect Name(Subdivision): Graycliff Estates
Emer2encv Access Easement
AMENDED AND RESTATED
EMERGENCY ACCESS EASEMENT AGREEMENT
This Amended and Restated Emergency Access Easement Agreement is made this vZ
7�
day of August, 2021, between Biltmore Estates LLC, an Idaho limited liability company, and
L.C. Development, Inc., an Idaho corporation, hereinafter collectively referred to as "Grantors,"
and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee."
WITNESSETH:
WHEREAS that certain Emergency Access Easement Agreement entered into between Biltmore
Estates, LLC and the City of Meridian was recorded on July 28, 2021 as Ada County Instrument
No. 2021-112389 ("Original Easement Agreement");
WHEREAS the Original Easement Agreement inadvertently omitted L.C. Development, Inc. as a
Grantor;
WHEREAS Grantors and Grantee desire to enter into this Amended and Restated Emergency
Access Easement Agreement to include L.C. Development, Inc. as an additional "Grantor" of the
subject;
WHEREAS upon execution and recording, this Amended and Restated Emergency Access
Easement Agreement shall amend and replace in its entirety the Original Easement Agreement;
WHEREAS, Grantors are the owners 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, Grantors desire to grant an easement for ingress and egress across those certain parts
of Grantors' property defined herein to allow for emergency vehicle access; and
WHEREAS, Grantors shall construct certain improvements upon the easement described herein;
and
NOW, THEREFORE,the parties agree as follows:
GRANTORS do hereby each grant unto Grantee an easement on Grantors'respective real property
as described and depicted on Exhibit"A"and Exhibit`B"attached hereto and incorporated herein.
THE EASEMENT hereby granted is for the purpose of providing a non-exclusive easement and
right-of-way on, over, across and through Grantors' real property with the free right of access to
AMENDED AND RESTATED EMERGENCY ACCESS EASEMENT, PAGE 1
Page 1 A Change of Grantor
such real property at any and all times and for the purpose of allowing egress and ingress to and
from the real property for emergency vehicle access. Pursuant to the International Fire Code,this
access road shall be constructed of an improved surface capable of supporting 80,000 GVW;
TO HAVE AND TO HOLD said easement unto said Grantee, and Grantee's successors and
assigns, forever;
GRANTORS hereby covenant and agree 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 of
the easement area for emergency vehicular purposes.No parking of vehicles within the easement
area shall be permitted. GRANTORS hereby covenant and agree that Grantors will not place or
allow to be placed any permanent structures,trees,brush,or perennial shrubs or flowers within the
area described for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
IT IS EXPRESSLY UNDERSTOOD AND AGREED by and between the parties hereto that
Grantors shall repair and maintain the access roadway improvements. The easement area shall be
maintained 365 days a year, including grading and plowing.
GRANTORS hereby covenant and agree with Grantee that should any part of the easement hereby
granted become part of, or lie within the boundaries of, any public street, then to such extent, the
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.
GRANTORS do hereby covenant with Grantee that Grantors are lawfully seized and possessed of
the aforementioned and described tracts of land, that Grantors have a good and lawful right to
convey said easement, and that Grantors will warrant and forever defend the title and quiet
possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, Grantors have hereunto subscribed Grantors' signatures the day and
year first hereinabove written.
GRANTORS: Biltmore Estates,LLC
By
A'Ifen Lie Centers, aliager
L.C. Development,Inc.
By:
L" Ile Lee Centers, President
AMENDED AND RESTATED EMERGENCY ACCESS EASEMENT, PAGE 2
Page 2 - Grantor Signature page replaced
STATE OF IDAHO )
) ss.
County of Ada )
This record was acknowledged before me on August "7 2021 by Allen Lee Centers on
behalf of Biltmore F.,states,LLC in the following representative capacity: Manager.
A. +.
It j40TA1Ry•.�c�
�.� Notary Signature
PCIBLV My Commission Expires:
*+r;4.No.`s••* .��•
STATE OF IDAHO �`�• rOF•��;
ss.
County of Ada )
This record was acknowledged before me on August 72021 by Allen Lee Centers on
behalf of L.C. Development,Inc. in the following representative capacity: President.
•`�,,�•e*`r"'w•+are _..-.
�Y A. •:
� s �r•••• :. *® Notary 4gnaCur
C}TA k' 0 s My Commission Expires: //—/3 - '--o.S
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Page 3 - Notary Page
AMENDED AND RESTATED EMERGENCY ACCESS EASEMENT, PAGE 3
Item#4.
GRANTEE: CITY OF MERIDIAN
Robert E. Simis yo r,,��.�� r 7-2021
MAN
SEAS.
Attest by Ch Johnson;C' e erk 7-27-2021
STATE OF IDAHO, )
) ss.
County of Ada )
This record was acknowledged before me on 7-27-2021 (date)by Robert E. Simison and
Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,
respectively.
CHARLENE WAY
COMMISSION#67390 Notary Signature
NOTARY PUBLIC 3-28-2022
STATE OF IDAHO My Commission Expires.
MY COMMISSION EXPIRES 3128122
EMERGENCY ACCESS EASEMENT,PAGE 3 02/14/2020
Page 95
EXHIBIT A
Legal Description
Graycliff Estates Subdivision —Emergency/Secondary Access Easement
An easement being located in the E'/z of Section 25, Township 3 North, Range 1 West, Boise
Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at a point marking the northeast corner of the SW!/4(C '/a corner)of said Section
25,from which a point marking the northwest corner of said SW'/n bears N 89°26'30"W a
distance of 2647.83 feet;
Thence along the westerly boundary of said E'/z of Section 25 N 0027'25"E a distance of 78.18
feet to the POINT OF BEGINNING;
Thence continuing along said westerly boundary N 0°27'25" E a distance of 493.72 feet to a
point;
Thence leaving said westerly boundary a distance of 57,80 feet along the arc of a 100,00 foot
radius curve right, said curve having a central angle of 33007'02" and a long chord bearing N
17°00'56" E a distance of 57,00 feet to a point;
Thence N 33°34'27" E a distance of 60.96 feet to a point;
Thence a distance of 90.85 feet along the arc of a 70.00 foot radius curve right, said curve
having a central angle of 74°21'50" and a long chord bearing N 70°45'22" E a distance of 84.61
feet to a point;
Thence S 72°03'42"E a distance of 64.20 feet to a point;
Thence a distance of 28.35 feet along the arc of a 35.84 foot radius curve left, said curve having
a central angle of 45019'48" and a long chord bearing N 85014'34"E a distance of 27,62 feet to
a point on the westerly boundary of Biltmore Estates Subdivision No.2 as shown in Book 109 of
Plats on Pages 15494 through 15496, records of Ada County, Idaho;
Thence along said westerly boundary S 36°28'59" E a distance of 20.16 feet to a point;
Thence leaving said westerly boundary a distance of 47.35 feet along the arc of a 55,84 foot
radius curve right, said curve having a central angle of 48°35'23"and a long chord bearing S
83°36'46"W a distance of 45.95 feet to a point;
Thence N 72°03'42"W a distance of 64.21 feet to a point;
Thence a distance of 54.89 feet along the arc of a 50.00 foot radius curve left, said curve having
a central angle of 74°21'50" and a long chord bearing S 70°45'22"W a distance of 60.43 feet to
a point;
Thence S 33°34'27"W a distance of 60.96 feet to a point;
�in,d-SC9l'tl�'�ionS Blitmore Estates JobLLC-or18-26
Job No.18-26
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Thence a distance of 46.24 feet along the arc of an 80,00 foot radius curve left, said curve
having a central angle of 33°07'02"and a long chord bearing S 17a00'56"W a distance of 45,60
feet to a point;
Thence S O027'25"W a distance of 492.87 feet to a point;
Thence S 4'22'32" E a distance of 379.60 feet to a point on the future right-of-way of W. Harris
Street,
Thence along said future right-of-way a distance of 20.04 feet along the arc of a 675.00 foot
radius non-tangent curve right,said curve having a central angle of 1a42'04"and a long chord
bearing S 82003'42"W a distance of 20.04 feet to a point;
Thence leaving said future right-of-way N 4a22'32"W a distance of 381.69 feet to the POINT OF
BEGINNING.
This easement contains 23,339 square feet(0.54 acres), more or less, and is subject to any
other easements existing or in use.
ON,. LAYVO
Clinton W. Hansen, PLS _ r
Land Solutions, PC
July 2, 2021 44
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UiWd {.lufi�Ans Blltmore Estates Job No.r10-26
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EXHIBIT B
GRAYCLIFF ESTATES SUBDIVISION - EMERGENCY/SECONDARY ACCESS EASEMENT
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23",39 SF— — i
261/425 N69'2630"W -' \, y _ S89'23'56"E 1320,68' W. HARRI$ ST.
2647,83 C 1/4 )1 \ CE 1/16
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(o , CURVE TABLE
CURVE LENGTH RADIUS DELTA BEARING CHORD
LINE TABLE, ' Cl 57.80 100.00' 33'07'02" N17'00'56"E 57.00'
LINE LENGTH BEARING C2 90.85' 70.00' 74'21'50" N70'45'22"E 84.61'
L1 7aW ND'27'25"F CJ 26.35' 35.64' 4379'46" IV65'(4'34"E 27.62'
L2 60.96' N3334'27"E +r C4 47,35' 55.84' 48'35'23" S83'36'46"W 45.95
L3 64.20' S72'03'42"E C5 64.89' 50.00' 74'21'50" S70'45'22"W 60.43'
L4 20.16' S36'28'59"E � � � C6 46.24' 80.00' 33'07-02" S17-00'56"W 45.60'
L5 64.21' N72'03'42"W C7 20.04' 675.00' 1'42'04" 582'OS42"W 20.04'
L6 60.96' S33'34'27"W \
L7 381.69' N4'22'32"W
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