2017-084028 Sagewood Cross Access EasementADA COUNTY RECORDER Christopher D. Rich 2017-084028
BOISE IDAHO Pgs=12 CHE FOWLER 09/06/2017 03:54 PM
RUSS HUNEMILLER AMOUNT:$43.00
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ADA COUNTY RECORDER Christopher D. Rich 2017-082453
BOISE IDAHO Pgs=7 VICTORIA BAILEY 08/31/2017 03:31 PM
RUSS HUNEMILLER AMOUNT:$28.00
0040416020170082453007007
INGRESS -EGRESS EASEMENT
This Easement is entered into by Russell D. Hunemiller and Dirk Marcum, whose
address is 16130 N. Elder Street, Nampa, ID 83687 ("Grantor"), and Jack T. Hogan, whose
address is 943 W. Overland Road, #133, Meridian, ID 83642 ("Grantee"/,9
WITNESSETH:
WHEREAS, Grantor owns certain real property in, Meridian; `Ids Lot 1,
Block 2, Sagewood Subdivision (hereinafter referred to as "Property)";
WHEREAS, Grantee owns the real property adjoining Gra tor's property located in
Meridian, Idaho, described as Lot 2, Block 1, FreedomworksSub vision (hereinafter referred to
as "Freedomworks;" and
WHEREAS, Grantor was required to providea c ss access easement for ingress and
egress across the Property as a condition of approval o e final plat by the City of Meridian;
NOW, THEREFORE, Grantor hereby ad �s and establishe8 the following covenants
and easements which shall be applicable to Prop ty:
1. Grant of Access Easement. G�r#tor
hereby grants to Grantee a non-exclusive,
perpetual, free and unobstructeeasement in and on the property described on
Exhibits A and B (hereinafter eferred to as the "Access Easement") for ingress and
egress of vehicular and ped strian traffic, and specifically excluding any other rights
and uses, such as the inst ation of utilities and/or parking.
2. Agreement with
all or any portion
and individually
provisions shal go
Paragraph 1.
to ect to Easements. Grantor and all subsequent fee owners of
o the Property (hereinafter collectively referred to as "Owners"
ferred to as "Owner") agree that the following terms and
vern the Owners' use of the Access Easement granted in
2.1 No Bvrriers or Interference. After such time as Grantee provides a reciprocal
cro access easement to Grantor across Freedomworks to Property and makes
n ded improvements to complete a driveway connection, neither Owner shall
onstruct or place any fences, barriers or other obstacles which would prevent or
obstruct the passage of pedestrian or vehicular travel within or across the Access
Easement. The foregoing provisions shall not prohibit the temporary erection of a
barricade by an Owner which is reasonably necessary for the construction, repair
or maintenance of the Access Easement; provided however, that any such work
shall be conducted in a manner calculated to cause the least interference to the use
of the Easement Area as is reasonably possible.
2.2 Use of Easement. Subject to the limitations contained herein, Owners may
authorize their respective tenants and invitees (including, without limitation,
employees, customers, agents and invitees of such tenants) to use the Access
Easement for the purposes and subject to the limitations stated herein. The
Easements and rights herein conveyed are private easements and are not r the
use or benefit of the general public. Nothing herein contained shall be onstrue
or deemed to be a dedication of any easements to, or for the use of, t general
public.
2.3 Riaht to Provide Alternative Access. Grantor reserves the ght to provide an
alternate access point and route to Freedomworks should t e development of
Property require modification of the access or route. Any odification of the
access will be at the expense of the Grantor.
2.4 Parking Rights. Grantor does not intend by this' strument to create any
parking easements or parking rights on Property for the benefit of the other
party.
3. Indemnification/Insurance.
3.1 Indemnification. Grantee sha pindemnify, defend, and hold harmless
Grantor from any and all liab' ities, claims, damages, expenses
(including, without limitatio , reasonable attorney's fees and reasonable
attorney's fees on any app 1), judgments, proceedings, and causes of
action of any kind whats ver for injury to or death of any person or
damage to the easemen , except to the extent caused by the willful or
grossly negligent act q omission of the Grantor, arising from claims
1) occurring in the ccess Easement; 2) arising from the use of the Access
Easement by the rantee or any of its tenants, licensees, invitees,
customers, agen or employees; and iii) arising from any negligence or
willful misco uct or omission of Grantee or any of its tenants, licensees,
invitees, cus mers, agents or employees on or about the Access
Easement.
4. Covenants R with the Land. The Property shall be held, transferred,
improved, sold, con eyed, used and occupied subject to the Easements and restrictions
described herein, hich Easements and restrictions shall be covenants running with the
Property for th enefit of and enforceable against all subsequent owners of all or any
portion thereo .
5. Easkments Superior to Financin
The easement created shall be superior to
any deed/f trust or other lien against Property.
Xthe
Modification. The provisions of this Easement may be modified from time to
terminated at any time by the written agreement of all of the Owners of the
ty. No consent to the modification, from time to time, or termination of any or all
provisions of this Easement shall ever be required from any persons other than the
fee simple Owners of said Property. No consent shall be required of any tenant of the
Property, nor shall any such tenant have any right to enforce any provision of this
Easement or any modification hereof.
7. Term. The Easements, restrictions, rights, terms and provisions of this E ement
are perpetual.
8. General Provisions.
8.1 Applicable Law. This Easement has been execute and delivered in the
State of Idaho and will be construed and interpreted acc ding to the laws of
Idaho.
8.2 Severability. The provisions of this Ease ent are intended to be severable.
If any provision hereof shall be invalid, illegal r unenforceable, the other
provisions hereof shall in no way be impaired thereby.
8.3 Waiver. Any waiver as to any of e terms or conditions of this Easement
shall not operate as a future waiver of/the same terms and conditions or prevent
the future enforcement of any of th erms and conditions hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the dates indicated below.
GRANTOR:
Date:
Russell D. Hunemil e
Date:
Dirk Marcum
STATE OF IDAHO )
) ss
COUNTY OF ADA )
S
On this ') l day of , 2017, befo/me, the undersigned, a notary public in and
for said state,p ersonally ap ared Russell D. Hiemiller and Dirk Marcum, known or identified
to me to be the persons who executed the wit and foregoing instrument, and acknowledged to
me that they executed the same.
IN WITNESS WHEREOF, I have h
certificate first above written. /
to set my hand and seal the day and year in this
Residing at r,G
My Commission
M
DECLARATION OF INGRESS -EGRESS EASEMENT
This Declaration of Ingress -Egress Easement is made by Russell D. Hunemiller and Dirk
Marcum, whose address is 16130 N. Elder Street, Nampa, ID 83687, and their successors or
assigns ("Declarants").
WITNESSETH:
WHEREAS, Declarants own certain real property in Meridian, Idaho, described as
Lot 1, Block 2, Sagewood Subdivision (hereinafter referred to as "Property)"; and
WHEREAS, in the development approval process, Declarants agreed to record an
agreement for ingress -egress to provide access to the adjoining real property located in Meridian,
Idaho, described as Lot I. Block 1, Freedomworks Subdivision (hereinafter referred to as
"Freedomworks Parcel);
NOW, THEREFORE, Declarants hereby adopt and establish the following covenants
and easements which shall be applicable to Property:
1. Grant of Access Easement. Declarants hereby grant and declare for the benefit of
the Freedomworks Parcel a non-exclusive, perpetual, free and unobstructed
easement in and on the property described on Exhibits A and B (hereinafter referred
to as the "Access Easement") for ingress and egress of vehicular and pedestrian
traffic, and specifically excluding any other rights and uses, such as the installation of
utilities and/or parking.
2. Condition Precedent to Grant of Easement. The Grant of the Access Easement by
Declarants in Paragraph 1 is expressly conditioned upon the Freedomworks Parcel
owner's grant of a reciprocal cross -access easement recorded in the real property
records of Ada County which is substantially equivalent to the provisions of this
document which adjoins this Access Easement on the common property line in the
same location as the current or amended Access Easement area.
3. Agreement with Respect to Easements. The following terms and provisions shall
govern the use of the Access Easement granted in Paragraph 1.
3.1 No Barriers or Interference. After such time as Freedomworks Parcel owner
provides a reciprocal cross access easement across Freedomworks Parcel to
Property and makes needed improvements to complete a driveway connection,
neither Declarants nor Freedomworks Parcel owner shall construct or place any
fences, barriers or other obstacles which would prevent or obstruct the passage of
pedestrian or vehicular travel within or across the Access Easement. The
foregoing provisions shall not prohibit the temporary erection of a barricade by
Declarants or Freedomworks Parcel owner which is reasonably necessary for the
construction, repair or maintenance of the Access Easement; provided however,
that any such work shall be conducted in a manner calculated to cause the least
interference to the use of the Access Easement area as is reasonably possible.
3.2 Improvements and Maintenance. Upon satisfaction of the Condition Precedent,
Declarants and Freedomworks Parcel owner shall improve, maintain and keep a
paved driveway within their respective easement areas in a smooth and evenly
covered condition and in accordance with applicable City of Meridian standards.
3.3 Use of Easement. Subject to the limitations contained herein, Declarants may
authorize their respective tenants and invitees (including, without limitation,
employees, customers, agents and invitees of such tenants) to use the Access
Easement for the purposes and subject to the limitations stated herein. The
easements and rights herein conveyed are private easements and are not for the
use or benefit of the general public. Nothing herein contained shall be construed
or deemed to be a dedication of any easements to, or for the use of, the general
public.
3.4 Right to Provide Alternative Access. At any time until satisfaction of the
Condition Precedent, Declarants may unilaterally relocate the Access Easement
so long as the relocated easement area provides a comparable cross -access
connection to the Freedomworks Parcel. At any time following satisfaction of
the Condition Precedent, Declarants may relocate the Access Easement and/or
the Freedomworks Parcel owner may relocate the adjoining parcel easement area
upon thirty (30) days written notice to each other, so long as the relocated
easement area provides a comparable cross -access connection.
3.5 Parking Rights. Declarants does not intend by this instrument to create any
parking easements or parking rights on Property, for the benefit of the other
party.
4. Covenants Run with the Land. The Property shall be held, transferred,
improved, sold, conveyed, used and occupied subject to the easements and restrictions
described herein, which easements and restrictions shall be covenants running with the
Property for the benefit of and enforceable against all subsequent owners of all or any
portion thereof.
5. Easements Superior to Financing. The easement created shall be superior to
any deed of trust or other lien against Property.
6. Modification. Declarants may amend this Declaration at any time until
satisfaction of the Condition Precedent. Upon the satisfaction of the Condition
Precedent, this Declaration may be amended only upon the mutual agreement of
Declarants and the Freedomworks Parcel owner. Prior to any amendment or termination
of this Declaration, Declarants shall give the City of Meridian thirty (30) days written
notice of such proposed amendment or termination to allow for the City of Meridian's
review and approval of such proposed amendment or termination, which approval shall
not be unreasonably delayed or denied. Any failure of the City of Meridian to respond in
such thirty (30) day period shall be deemed an approval by the City of Meridian of the
proposed amendment or termination. Notwithstanding the foregoing, the City's approval
is not required for relocation of either the easement area or the adjoining parcel easement
area in accordance with Section 3.4 of this Declaration. No consent to the modification,
from time to time, or termination of any or all of the provisions of this Access Easement
shall ever be required from any persons other than the fee simple owners of said
Property. No consent shall be required of any tenant of the Property, nor shall any such
tenant have any right to enforce any provision of this Access Easement or any
modification hereof.
7. Term. The easements, restrictions, rights, terms and provisions of this Access
Easement are perpetual.
8. General Provisions.
8.1 Applicable Law. This Access Easement has been executed and delivered
in the State of Idaho and will be construed and interpreted according to the laws
of Idaho.
8.2 Severability. The provisions of this Access Easement are intended to be
severable. If any provision hereof shall be invalid, illegal or unenforceable, the
other provisions hereof shall in no way be impaired thereby.
8.3 Waiver. Any waiver as to any of the terms or conditions of this Access
Easement shall not operate as a future waiver of the same terms and conditions or
prevent the future enforcement of any of the terms and conditions hereof.
IN WITNESS WHEREOF, the Declarants have executed this Agreement on the
dates indicated below.
DECLARANTS:
Russell D. Hunemiller
Dirk Marcum
STATE OF IDAHO )
ss
COUNTY OF ADA )
Date:
Date:
�� 2017, before me the undersigned, a notary public in and
On this day of g y
for said state, personally appeared Russell D. Hunemiller and Dirk Marcum, known or identified
to me to be the persons who executed the within and foregoing 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.
SEAL �xg� �.
) T
Nota y V
Public for Idaho
Residing at Eagle, Idaho
My Commission Expires:
EXHIBIT A
BASIS OF BEARING
14 13 N 89'07'22° W 2655.69' 1/4 13
230 24 1977.87' W. OVERLAND ROAD ��24
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PROPOSED EASEMENT
9, 864 SF -�/-
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CROSS ACCESS EASEMENT
SAGEWOOD OFFICES
LOT 1, BLOCK 2, SAGEWOOD SUBDIVISION
LOCATED IN THE NW 1/4 OF SECTION 24
T.3N., R.1 W., B.M.
MERIDIAN, ADA COUNTY, IDAHO
ENGINEERING
SOLUTIONS
1029 N. ROSARIO ST., STE. 100
MERIDIAN, IDAHO 83642
Phone (208) 938-0980 Fax (208) 938-0941
2
3
SCALE
1 "=50'
DWG.DATE
08/28/17
PROJ. No.
160805
SHEET
1 OF 1
160805—ACCEASE.DWG bkb
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CROSS ACCESS EASEMENT
SAGEWOOD OFFICES
LOT 1, BLOCK 2, SAGEWOOD SUBDIVISION
LOCATED IN THE NW 1/4 OF SECTION 24
T.3N., R.1 W., B.M.
MERIDIAN, ADA COUNTY, IDAHO
ENGINEERING
SOLUTIONS
1029 N. ROSARIO ST., STE. 100
MERIDIAN, IDAHO 83642
Phone (208) 938-0980 Fax (208) 938-0941
EXHIBIT B
August 28, 2017
DESCRIPTION FOR CROSS ACCESS EASEMENT
SAGEWOOD OFFICES
LOT 1, BLOCK 2, SAGEWOOD SUBDIVISION
An easement covering a portion of Lot 1, Block 2 of Sagewood Subdivision, as filed for record
in Book 110 of Plats at Pages 15846 through 15848, records of Ada County, Idaho, located in the NW
1/4 of Section 24, T. 3 N., R 1 W., B.M., Ada County, Idaho, and being more particularly described as
follows:
Commencing at the N 1/4 corner of the said Section 24, from which the NW corner of said
section bears North 89°07'22" West, 2655.69 feet; thence along the north boundary of the NW 1/4 of
said section North 89°07'22" West, 677.82 feet to a point on the extension of the easterly boundary of
said Sagewood Subdivision; thence along said easterly boundary and extension thereof South
00°41'28" West, 255.81 feet to the POINT OF BEGINNING;
Thence continuing along said boundary South 00°41'28" West, 21.00 feet;
Thence leaving said boundary North 89000'00" West, 53.33 feet;
Thence North 01 000'00" East, 64.84 feet;
Thence North 89°00'00" West, 248.20 feet to a point on the easterly right-of-way of S.
Woodsage Ave.;
Thence along said right-of-way North 01°00'00" East, 28.00 feet;
Thence leaving said right-of-way South 89°00'00" East, 273.20 feet;
Thence South 01'00'00" West, 71.84 feet;
Thence South 89°00'00" East, 28.22 feet to the POINT OF BEGINNING. Said easement
containing 9,864 SF, more or less.
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160805-accease.docx