Access Easement with Western Ada Recreation District for Storey ParkRECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Meridian
Attention: City Clerk
33 East Broadway Avenue
Meridian, ID 83642
ADA COUNTY RECORDER Christopher Q. Rich AMOUNT .00 13
BOISE IDAHO 07127111 12:49 PM
DEPUTY Vicki Allen III I' II I (I I II II I II I'I I II �I I II I II I I III
RECORDED -REQUEST OF 111060088
ON of Meridian
ACCESS EASEMENT
(Space Above For Recorder's Use)
This Access Easement is made effective this o"yo day of , 2011, by and
between The City of Meridian ("Grantor"), and the Western Ada Recreation District ("Grantee").
The Grantor and Grantee may be collectively referred to as the parties.
RECITALS:
WHEREAS, Grantor is the owner of that certain property located in the City of Meridian
known as Storey Park, as 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 located in the City of Meridian
known as the Meridian Pool as 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 an easement for
ingress and egress across the Grantor's property as depicted on Exhibit C under the terms and
conditions outlined hereafter.
AGREEMENT:
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereby agree as follows:
1. Grant. Grantor hereby grants a non-exclusive perpetual access easement over, on,
across, and through the Grantor's Property for ingress and egress in the location depicted on
Exhibit C ("Easement").
2. Purpose of Easement. The Easement shall be used for ingress and egress during the
hours of operation of Storey Park for pedestrian travel, vehicular travel, and vehicle parking in
marked areas.
ACCESS EASEMENT - 1 DOCUMENT IV.B
071305 1500 BOI MT2:586959.1
3. 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 and
assigns of all parties hereto and shall run with the land.
4. Counterparts. This Easement may be executed in counterparts, each part being
considered an original document, all parts being but one document.
5. Indemnification. The Grantee agrees to indemnify, defend and hold the Grantor, and its
successors, assigns, and agents harmless from any and all claims, liability, losses, costs, charges,
or expense that arise from their respective use or use by their respective customers, agents,
invitees, or representatives of the Easement.
6, 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.
7. Relocation Reservation. Grantor hereby reserves the right to relocate the Easement
upon the Grantor's Property either before or after any redesign or redevelopment of the Grantor's
Property, upon thirty days' prior written notice to Grantee. The parties then agree to execute,
deliver and record an amendment to this document to evidence the relocation.
8. Easement Obstructions. No fence or other barrier shall be erected or permitted within
or across the Easement which would prevent or obstruct the passage of pedestrian or vehicular
travel; provided, however, that the foregoing shall not prohibit (i) the temporary erection of
barricades which are reasonably necessary for security and/or safety purposes in connection with
the construction, reconstruction, repair and maintenance of improvements, including the
Easement, on the Grantor's Property, it being agreed by the parties however, that all such work
shall be conducted in the most expeditious manner reasonably possible to minimize the
interference with the use of the Easement by Grantor, and such work shall be diligently
prosecuted to completion, or (ii) the construction of limited curbing or other forms of traffic
controls along the outer perimeter of the Easement.
9, Notices. All notices, demands and requests required or desired to be given under this
Agreement must be in writing and shall be deemed to have been given as of the date such writing
is (i) delivered to the party intended, (ii) delivered to the then current address of the party
intended, or (iii) rejected at the then current address of the party intended, provided such writing
was sent prepaid. The initial address of the signatories hereto is:
Grantee: western Ada Recreation District
P.O. Box 566
Meridian, ID 83680
ACCESS EASEMENT - 2 DOCUMENT IV.B
071305 1500 BOI MT2:586959.1
Grantor: City of Meridian
33 East Broadway Avenue
Meridian, ID 83642
Upon at least ten (10) days' prior written notice, each party shall have the right to change
its address to any other address within the United States of America.
10. Dedications. Grantor excepts and reserves unto itself, its successors and assigns, the
right to dedicate the Easement as a public street at any time at its sole election. Upon any such
dedication all private rights of Grantee therein shall automatically terminate and expire. No
dedication shall, however, be made of the Easement unless such Easement is accepted by the
public entity for maintenance as a public street and the dedication does not preclude or prevent
the continued use by Grantee of the entrance to and exit from the Easement then being used
incident to the Grantee's Property.
IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed
the day and year first written above.
GRANTOR:
CITY OF MERIDIAN
8;, a
y de Weerd
A TEST:
Cler
GRANTEE:
WESTERN ADA RECREATION DISTRICT
By fL4Kre's"ident
By �-
Secretary
ACCESS EASEMENT - 3 DOCUMENT IV.B
071305 1500 BOI MT2:58b959.1
STATE OF IDAHO )
SS.
County of �_ )
On this o�G day of ) I Lj 2011, before me ,
personally appeared Tammy de Weerd and Jaycee Holman, known or identified to me to be the
Mayor and City Clerk of the City of Meridian who signed and attested the foregoing instrument
on behalf of the City of Meridian, and acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
'•rrr•••tr♦
1
STATE OF IDAHO )
ss.
Countyof ADA -
or
NO ARY PUBLIC O
Residing at &+4clel(an I f)
My Commission Expires Jaa 4- 0014F_
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On this day of ,� ��. , 20M before me
personally appeared GJA1-'V Msrr Gvi and known or
identified to me to be the president and secretary of the Western Ada Recreation District who
executed the instrument on behalf of said District, and acknowledged to me that such District
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
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ACCESS EASEMENT - 4
071305 1500
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NOTARY PUBLIC FOR IDAHO
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DOCUMENT IV.B
BOI MT2:586959.1
for
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STATE OF IDAHO )
ss.
Countyof ADA -
or
NO ARY PUBLIC O
Residing at &+4clel(an I f)
My Commission Expires Jaa 4- 0014F_
%I
On this day of ,� ��. , 20M before me
personally appeared GJA1-'V Msrr Gvi and known or
identified to me to be the president and secretary of the Western Ada Recreation District who
executed the instrument on behalf of said District, and acknowledged to me that such District
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
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ACCESS EASEMENT - 4
071305 1500
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NOTARY PUBLIC FOR IDAHO
Residing at 40 1
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DOCUMENT IV.B
BOI MT2:586959.1
EXHIBIT A
(Grantor's Property Legal Description)
ACCESS EASEMENT DOCUMENT IV.B
071305 1500 BOI MT2:586959.1
T
Project No.: 3365
Date: January 27, 2010
TEALEY'S LAND
SURVEYING
187 E. 50th Street *Garden City, Idaho 83714
(208) 385-0636
Fax (208) 385-0596
DESCRIPTION
OF
PARCEL B
FOR
CITY OF MERIDIAN
A parcel of land, as shown on the Record of Survey No. , on file under
Instrument No. I I OD 9-- 8"18_ in the Office of the Recorder for Ada County, Idaho, lying in the
Northwest 1/4 of Section 18, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho, and more
particularly described as follows:
COMMENCING at the North 1/4 corner of said Section 18, marked by a brass cap;
thence along the North line of said Section 18
South 89020'05" West 1309.06 feet to the Northeast corner of Government Lot 1 of said
Northwest 1/4 of Section 18 as shown on Record of Survey No. 2017 on file under Instrument
No. 9168335 in the Office of the Recorder for Ada County, Idaho; thence
South 00040'03" West 47.44 feet to a point on the South right-of-way line of East
Franklin Road as shown on Record of Survey No. 7077 on file under Instrument No. 105148498
in the Office of the Recorder for Ada County, Idaho, said point being on the Westerly line of
Honor Park Subdivision No. 3, as filed for record in Book 78 of Plats at pages 8191 & 8192 in
the Office of the Recorder for Ada County, Idaho, said point being the POINT OF BEGINNING,
marked by an iron pin; thence along said Westerly line
South 00°40'03" West 234.91 feet to the Southwest corner of Lot 28 of Block 2 of said
Honor Park Subdivision No. 3, marked by a lead plug and tack; thence along the Southerly line
of said Honor Park Subdivision No. 3
North 89031'22" East 622.00 feet to the Southeast corner of Lot 26 of Block 2 of said
Honor Park Subdivision No. 3, marked by an iron pin; thence along the Westerly line of said
Honor Park Subdivision No. 3
South 00040'03" West 1048.08 feet to the Southwest corner of Lot 12 of Block 2 of said
Honor Park Subdivision, said point being on the North line of Honor Park Subdivision No. 2, as
filed for record in Book 68 of Plats at pages 6959 & 6960 in the Office of the Recorder for Ada
County, Idaho, marked by an iron pin; thence along said North line and along the .North line of
Honor Park Subdivision No. 1, as filed for record in Book 65 of Plats at pages 6652 & 6653 in
the Office of the Recorder for Ada County, Idaho
South 89°31'22" West 622.00 feet to the Northwest corner of Lot 4 of Block 2 of said
Honor Park Subdivision No. 1, marked by an iron pin; thence along the East line of said
Government Lot 1
North 00040'03" East 916.19 feet to a point, marked by an iron pin; thence
North 51052'37" West 133.04 feet to a point, marked by an iron pin; thence
North 38052'29" East 16.49 feet to a point, marked by an iron pin; thence
North 51007'31" West 19.67 feet to a point, marked by an iron pin; thence
South 3805229" West 44.52 feet to a point of curve, marked by an iron pin; thence along
the arc of a curve to the right 55.71 feet, said curve having a radius of 66.00 feet, a central
angle of 48°21'47", and a long chord bearing
South 63003'22" West 54.07 feet to a point, marked by an iron pin; thence
South 87° 14'16" West 173.69 feet to a point, marked by an iron pin; thence
South 00040'03" West 11.43 feet to a point, marked by an iron pin; thence along a line
parallel with said North line of Section 18
3365-parcel-B-Desc.doc jdw
TEALEY'S LAND SURVEYING 187 E. 5011 Street, Garden City, Idaho 83714*(208) 385-0636
Project No.: 3365
Parcel B Description
Page 2 of 2
South 89°20'05" West 173.87 feet to a point on the East right-of-way line of South Main
Street as shown on Record of Survey No. 8652 on file under Instrument No. 109110965 in the
Office of the Recorder for Ada County, Idaho, marked by an iron pin; thence along said East
right-of-way line
North 01 016'04" East 295.61 feet to a point on said South right-of-way line of East
Franklin Road, marked by an iron pin; thence along said South right-of-way line
North 47012'39" East 46.45 feet to a point, marked by an iron pin; thence continuing
North 89020'05" East 156.25 feet to a point, marked by an iron pin; thence continuing
North 88003'42" East 340.86 feet (formerly 340.81 feet) to the POINT OF BEGINNING
Said Parcel Contains 18.81 Acres, more or less.
3365-parcel-B-Desc.doc jdw
EXHIBIT B
Grantee's Property)
ACCESS EASEMENT DOCUMENT IV.B
071305 1500 BOI MT2:58b959.1
Al
Project No.: 3365
Date: January 21, 2010
TEALEY'S LAND
SURVEYING
187 E. 50th Street • Garden City, Idaho 83714
(208) 385-0636
Fax (208) 385-0696
DESCRIPTION
OF
PARCEL A
FOR
WESTERN ADA RECREATION DISTRICT
Aarcel of land, as sh wn on the Record of Survey No. . r? 3 on file under
p Y
Instrument No. I 1001, 18 70 in the Office of the Recorder for Ada County, Idaho, lying in the
Northwest 1/4 of Section 18, T.3N., R.1 E., B. M., Meridian, Ada County, Idaho, and more
particularly described as follows:
COMMENCING at the North 114 corner of said Section 18, marked by a brass cap;
thence along the North line of said Section 18
South 89020'05" West 1309.06 feet to the Northeast corner of Government Lot 1 of said
Northwest 1/4 of Section 18 as shown on Record of Survey No. 2017 on file under Instrument
No. 9168335 in the Office of the Recorder for Ada County, Idaho; thence along the East line of
said Government Lot 1
South 00°40'03" West 414.24 feet to the POINT OF BEGINNING, marked by an iron pin;
thence continuing
South 00040'03" West 247.34 feet to a point, marked by an iron pin; thence
North 52017'11" West 450.67 feet to a point, marked by an iron pin; thence
North 00040'03" East 11.43 feet to a point, marked by an iron pin; thence
North 87014'16" East 173.69 feet to a point of curve, marked by an iron pin; thence along
the arc of a curve to the left 55.71 feet, said curve having a radius of 66.00 feet, a central angle
of 48°21'47", and a long chord bearing
North 63°03'22" East 54.07 feet to a point, marked by an iron pin; thence
North 38052'29" East 44.52 feet to a point, marked by an iron pin; thence
South 51007'31" East 19.67 feet to a point, marked by an iron pin; thence
-South 38052'29" West 16.49 feet to a point, marked by an iron pin; thence
South 51052'37" East 133.04 feet to the POINT OF BEGINNING.
Said Parcel Contains 1.31 Acres, more or less.
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3365-parcel-A-Desc.doc jdw
EXHIBIT C
(Easement Depiction or Legal Description)
ACCESS EASEMENT DOCUMENT IV.B
071305 1500 BOI MT2:586959.1
Al
TEALETS LAND
SURVEYING
Project. No.: 3365
Date: January 27, 2010
187 E. 50th Street • Garden City, Idaho 83714
(208) 385-0636
Fax (208) 385-0696
DESCRIPTION
OF
CROSS ACCESS EASEMENT AT STOREY PARK
FOR
WESTERN ADA RECREATION DISTRICT
A parcel of land being a portion of the Northwest 1/4 of Section 18, T.3N., R.1 E., B.M.,
Meridian, Ada County, Idaho, and more particularly described as follows:
COMMENCING at the North 1/4 corner of said Section 18, marked by a brass cap;
thence along the North line of said Section 18
South .89°20'05" West 1309.06 feet to the Northeast corner of Government Lot 1 of said
Northwest 1/4 of Section 18; thence along the East line of said Government Lot 1
South 00°40'03" West 47.44 feet to a point on the South right-of-way line of East
Franklin Road as shown on Record of Survey No. 7077 on file under Instrument No. 105148498
in the Office of the Recorder for Ada County, Idaho, marked by an iron pin; thence along said
South right-of-way line
South 88°03'42" West 9.90 feet to the POINT OF BEGINNING; thence
South 00°50'34" West 96.29 feet to a point of curve; thence along the arc of a curve to
the right 54.75 feet, said curve having a radius of 85.00 feet, a central angle of 36°54'24", and a
long chord bearing
South 19°17'45" West 53.81 feet to a point; thence
South 37°4457" West 56.49 feet to a point; thence
South 52015'29" East 79.23 feet to a point; thence
South 63°51'27" East 99.22 feet to a point of curve; thence along the arc of a curve to
the right 50.65 feet, said curve having a radius of 45.00 feet, a central angle of 64°29'33", and a
long chord bearing
South 31'36'40" East 48.02 feet to a point; thence
South 00°38'06" West 260.43 feet to a point; thence
North 89°41'47" West 107.61 feet to a point; thence
North 00°38'57" East 210.91 feet to a point; thence
North 51'52'37" West 144.97 feet to a point, marked by an iron pin; thence
North 38°52'29" East 16.49 feet to a point, marked by an iron pin; thence
North 51007'31" West 19.67 feet to a point, marked by an iron pin; thence
South 38°52'29" West 44.52 feet to a point of curve, marked by an iron pin; thence along
the arc of a curve to the right 55.71 feet, said curve having a radius of 66.00 feet, a central
angle of 48021'47", and a long chord bearing
South 63003'22" West 54.07 feet to a point, marked by an iron pin; thence
South 87'18'13" West 173.68 feet to a point, marked by an iron pin; thence
South 87"14'16" West 174..08 feet to a point on the East right-of-way line of South Main
Street; thence along said East right-of-way line
North 01 ° 16'04" East 34.86 feet to a point; thence
North 87000'43" East 339.85 feet to a point of curve; thence along the arc of a curve to
the left 29.72 feet, said curve having a radius of 35.00 feet, a central angle of 48038'40", and a
long chord bearing
North 62041'23" East 28.83 feet to a point; thence
3365-access-ease-Desc.doc jdw
TEALEY'S LAND SURVEYING 187 E. 501h Street, Garden City, Idaho 83714"(208) 385-0636
Project No.: 3365
Cross Access Easement Description
Page 2 of 2
North 38022'04" East 184.37 feet to a point of curve; thence along the arc of a curve to
the left 29.48 feet, said curve having a radius of 45.00 feet, a central angle of 37°32'02", and a
long chord bearing
North 19036'03" East 28.95 feet to a point; thence
North 00050'02" East 96.00 feet to a point on said South right-of-way line of East
Franklin Road; thence along said South right-of-way line
North 88003'42" East 36.21 feet to the POINT OF BEGINNING.
Said Parcel Contains 1.65 Acres, more or less.
3365-access-ease-Desc.doc jdw
CROSS ACCESS EASEMENT EXHIBIT
AT STOREY PARK
FOR WESTERN ADA RECREATION DISTRICT
LYING IN THE NW 1/4, SECTION 18, T.3N., R.IE., B.M.,
MERIDIAN, ADA COUNTY, IDAHO
0 50 100 200
SCALE IN FEET
I" = 100'
H
_Z
Q
E. FRANKLIN ROAD
S 89"20'05" W 2401.71'
1092.651
N 88003'42" E
36.21'
...� -E]--,-
NE
NE COR.
GOV. LOT I NORTH
/ I/4 COR.
i A 7
1309.06' %
18
S 00040'03" W
47.44'
�S 88003'42" W
a
9.901
N 00°50'02" E
96.00' S 00 050'34" W
L 96.29'
S 37.04415711 W
56.49'
S 52 015'29" E
79.23'
S 38052'29" W °
44.52' q� / N 51007131 W S _
/ 19.67' 63 °
C'� 992 --
E 339.85 ' ° .'�/ '' `� /�•
N 87000'4311N 38 52.29 E
16.4 9 i
8, 173.68
X17 4.0
1 C ----S 87°18'13" W — — —
--------------=5�...9,.
S 87 14 16 W .�j,,
1 Yr N
j N 01016'04" E
34.86'
0
ARES 965 Sq. Ft.CESS EASEENT
(I 65 ACS)
cy -
l ' 7
CURVE
TABLE
CURVE
RADIUS
DELTA
LENGTH
Pei
CHORD
a n � '• a �:z '
5 ,.
t d
A m
3365—LLA.dwg 01-27-10 14: 21: 27 Margo
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t m o
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r 7
-Z-10 7.61'
I N 89041'47" W
0
TEALEY'S LAND SURVEYING.
187 EAST 50th STREET 0 0 GARDEN CITY, ID. 83714
208-385-0636
CURVE
TABLE
CURVE
RADIUS
DELTA
LENGTH
BEARING
CHORD
C— 1
66.00'
48 021'47"
55.71'
S 63 003'22" W
54.07'
C— 2
85.00'
36 °54'24"
54.75'
S 19 017'45 " W
53.81'
C— 3
45.00'
64 02933"
50.65'
S 31036'40" E
48.02'
C— 4
35.00'
48 038'40"
29.72'
N 62041'23" E
28.83'
C— 5
45.00'
37 032'02"
29.48'
N 19 036'03" E
28.95'
3365—LLA.dwg 01-27-10 14: 21: 27 Margo
�co O
t m o
to cn
� �o
r 7
-Z-10 7.61'
I N 89041'47" W
0
TEALEY'S LAND SURVEYING.
187 EAST 50th STREET 0 0 GARDEN CITY, ID. 83714
208-385-0636