CC - Taylor Emergency Easement Document - 12/111115.k .l
RECORDING REQUESTED BYAND
WHEN RECORDED RETURN TO:
Shelbume Properties. LLC
PO Box 8265
Boise. ID 83707
ADA COUNTY RECORDER Christopher D. Rich 2015-112723
BOISE IDAHO Pgs=10 VICTORIA BAILEY 12/11/2015 10:58 AM
ALLIANCE TITLE - BOISE PRODUCTION CENTER S37.00
EMERGENCY ACCESS EASEMENT
his Temporary Emergency Access Easement (`Easement Agreement") is made effective
this A day of December 2015, by and among Roger C. Taylor and Teresa L. Taylor, husband
and wife (collectively "Grantor"), and Shelburne Properties, LLC, an Idaho limited liability
company ('Grantee"), The Grantor and Grantee may be collectively referred to as the parties.
RECITALS:
WHEREAS, Grantor is the owner of that certain property commonly known as 4606 S.
Eagle Road, Meridian, ID 83642, and more fully described in Exhibit A, which exhibit is
attached hereto and incorporated herein (`Grantor's Property");
WHEREAS, Grantee is the owner of that certain property commonly known as Shelburne
Subdivision, and more fully described in Exhibit B, which exhibit is attached hereto and
incorporated herein (`Grantee's Property");
WHEREAS, Grantor desires to grant and Grantee desires to receive a temporary
easement for ingress and egress for emergency vehicles across the Grantor's property as depicted
on Exhibit C (`Easement").
AGREEMENT:
NOW, THEREFORE, for good and valuable consideration, the parties hereby agree as
follows:
1. Grant of Temporary Easement. Grantor, for Grantor and heirs, personal
representatives, successors, and assigns, hereby jointly and severally grants to Grantee, and its
successors and assigns, for its use, an exclusive temporary emergency access easement and
servitude on, over and across a portion of the Grantor's Property as depicted on Exhibit C.
2. Purpose of Easement. The Easement shall be used for ingress and egress for emergency
pedestrian or vehicular travel. No parking of any vehicles shall be permitted on the Easement.
No fence or other barrier shall be erected or permitted within or across the easement which
would prevent or obstruct the passage of emergency, pedestrian or vehicular travel.
3. Term of Easement. The term of this Easement shall commence upon the recordation of
this Agreement and shall continue in existence and terminate upon the recording or platting of a
replacement emergency access easement as approved by the City of Meridian.
EASEMENT - 1
0 i
4. Easement Improvement. Grantee shall improve and maintain the surface of the
easement so it is capable of supporting an imposed load of 75,000 pounds.
5. Binding on Successors. This Easement shall be recorded in the official records of Ada
County, Idaho, and shall be binding on the heirs, successors, administrators, executors,
successors and assigns of all parties hereto and shall run with the land.
6. Counterparts. This Easement may be executed in counterparts, each part being
considered an original document, all parts being but one document.
7. Remedies. In the event of a breach hereunder by any party, the non -breaching party shall
have all remedies available at law or in equity, including the availability of injunctive relief. In
any suit, action or appeal therefrom to enforce or interpret this Easement; the prevailing party
shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees and
disbursements.
(REMAINDER OF PAGE IS INTENTIONALLY LEFT BLANK)
EASEMENT •2
8. Notices. All notices, demands, requests, and other communications under this
Agreement shall be in writing and shall be deemed properly served or delivered if delivered by
hand to the party to whose attention it is directed or, when sent by mail, three (3) days after
deposit in the United States mail, postage prepaid, addressed as follows:
Shelburne Properties, LLC
P. O. Box 8265
Boise, ID 83707
Roger Taylor & Teresa Taylor
4606 S. Eagle Road
Meridian, ID 83642
Each party may change its address for delivery by written notice in the manner provided
herein.
IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed
the day and year first written above.
GRANTOR:
r
Roge . Taylor
GRANTEE: Teresa L. Taylor
SHELBURNE PROPERTIES, LLC
By:
Randy S. Clarn , an ger
EASEMENT - 3
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State of Idaho ) ss:
A'O •.
•••64100000' .•`
AHO %00'
County of Ada) Lt`�'
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On this �_ day of Nev-emte-2015, before me, a Notary Public in and for said
County and State, personally appeared Roger Taylor and Teresa Taylor, husband and wife,
known to me or proved to me by satisfactory evidence to be the persons whose names are
subscribed to the within instrument, and acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal, the day and year in this
certificate first above written.
Notary Public for Idaho
My Commission expires , I®
State of Idaho ) ss: Commission Expires: 3/30/21
County of Ada)
On this - I I day of+4,ty- r 2015, before me, a Notary Public in and for the State
of Idaho, personally appeared Randy S. Clarno, known or identified to me to be Manager of the
limited liability company that executed the instrument or the person who executed the instrument
on behalf of said company, and acknowledged to me that such company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal, the day and year in this
certificate first above written. - Lee"=
Notary Public for Idaho
••••`"B�A''•��•,�• My Commission expires
rtoTgRr.� .
Residing: Boise, D
Commission Expires: 3/30/29
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EASEMENT - 4
EXHIBIT A
(Grantor's Property Legal Description)
LOT 2 IN BLOCK 1 OF MARTINEL SUBDIVISION ACCORDING TO THE
OFFICIAL PLAT THEREOF FILED IN BOOK 66 OF PLATS AT PAGE 6764,
RECORDS OF ADA COUNTY, IDAHO.
EASEMENT - 5
EXHIBIT B
(Grantee's Property)
See attached one page
EASEMENT - 6
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April 10, 2015
Project No.: 14-124
Shelburne Subdivision Boundary
A parcel of land being Lots 1 and 2, Block 1, Zaldien Zerua Subdivision, as recorded in Plat Book 81 at Pages
8783 through 8784, official records of Ada County, Idaho, and the South 1/2 of the Northeast 1/4 of the
Southwest 1/4 of Section 28, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and being
more particularly described as follows:
Commencing at a found aluminum cap marking the southwest corner of said Section 28, thence following the
southerly line of said Southwest 1/4, S89°15'22"E a distance of 2,660.61 feet to a found brass cap marking the
south 1/4 corner of said Section,
Thence leaving said southerly line and following the easterly line of said Southwest 1/4, N00`31'05:'E a
distance of 1,324.35 feet to a found 5/8 -inch rebar marking the southeast corner of said South 1/2 of the-
Northeast
heNortheast 1/4 of the Southwest 1/4 and beirg the POINT OF BEGINNING.
Thence leaving said easterly line and following the southerly line of said South 1/2 of the Northeast 1/4 of the
Southwest 1/4, N89°19'15"W a distance of 1,329.17 feet to a found 5/8 -inch rebar marking the southwest
corner of said South 1/2 of the Northeast 1/4 of the 50uth�vest 1/4 and the Southeast corner of said Lot 1,
Block 1;
Thence leaving said southerly line of the South 1/2 of the Northeast 1/4 of the Southwest 1/4 and following
the southerly line of said Lot 1 and 2, Block 1, 1189'19'15"W a distance of 6S8.78 feet to a found 5/8 -inch rebar
marking the southwest corner of said Lot 2, Block 1;
Thence leaving said southerly line said Int 1 and 2, Block 1, and folio ing the westerly line of said Lot 2, Block
1, N00°33'52"E a distance of 661.18 feet to a found 5/8 -inch rebar marking the northwest corner of said Lot 2,
Block 1;
Thence leaving said westerly line and following the northerly line of said Lot 1 and 2, Block 1, S89°21'53"E a
distance of 658.81 feet to a found S/8 -inch rebar marking the northeast corner of said Lot 1, Block 1 and the
northwest corner of said South 1/2 of the Northeast 1/4 of the Southwest 1/4;
Thence leaving said northerly line of Lot 1 and 2, Block 1, and following the northerly line of said South 1/2 of
the Northeast 1/4 of the Southwest 1/4, S89'21'53"E a distance of 1,328.60 feet to a found 5/8 inch rebar
marking the northeast corner of said South 1/2 of the Northeast 1/4 of the Southwest 1/4,-
Thence
/4;Thence leaving said northerly line of said South 1/2 of the Northeast 1/4 of the Southwest 1/4, and following
the easterly line of said S011ihwesi 1/4, S00°31'05' VJ a distance of 662.70 feet to the POINT OF BEGINNING.
Said parcel contains 30.205 acres; more or less, and is subject to all existing easements and/or rights-of-way of
record or implied.
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EXHIBIT C
(Easement Depiction or Legal Description)
See attached two pages
EASEMENT - 7
December 9, 2015
DESCRIPTION FOR
EMERGENCY ACCESS EASEMENT
SHELBURNE SUBDIVISION NO. 9
An emergency access easement located in Lot 2, Block 1 of Martinel
Subdivision as filed in Book 66 of Plats at Pages 6,764 and 6,765, records of Ada
County, Idaho located in SW 1/4 of the SW 1/4 of Section 28, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho being more particularly described as
follows:
BEGINNING at the NW corner of said Lot 2;
Thence along the North boundary line of said Lot 2 South 89°19'33" East,
226.00 feet;
Thence leaving said North boundary line South 00°38'04" West, 20.00 feet;
Thence North 89019'33" West, 225.99 feet to a point on the East right-of-way
line of S. Eagle Road;
Thence along said East right-of-way line North 00037'09" East, 20.00 feet to the
POINT OF BEGINNING.
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IDAHO EMERGENCY ACCESS EASEMENT EXHIBIT DRAWING FOR JOE NO.
SUITE. wATERTOWEasr. TAYLOR PROPERTY 15-137
SURVEY MU'�'� SHEET N0.
MERIDIAN. IDAHO SHELBURNE SUBDIVISION 1
GROUP, P.C. LOCATED IN THE SW 1/4 OF THE SW 1/4 OF SECTION 28, DWG. DATE
T.3N., RAE.. B.M., ADA COUNTY, IDAHO ,., Ye A.
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BLOCK 1
MARTINEL SUBDIVISION
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SCALE: 1 " = 50'
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IDAHO EMERGENCY ACCESS EASEMENT EXHIBIT DRAWING FOR JOE NO.
SUITE. wATERTOWEasr. TAYLOR PROPERTY 15-137
SURVEY MU'�'� SHEET N0.
MERIDIAN. IDAHO SHELBURNE SUBDIVISION 1
GROUP, P.C. LOCATED IN THE SW 1/4 OF THE SW 1/4 OF SECTION 28, DWG. DATE
T.3N., RAE.. B.M., ADA COUNTY, IDAHO ,., Ye A.