Emerge LLLP EasementADA COUNTY RECORDER Christopher D. Rich 2014-056645
BOISE IDAHO Pgs=4 BONNIE 07/17/2014 08:06 AM
VAN AUKER PROPERTIES AMOUNT-$19.00
RECORDING REQUESTED BYAND IINERNMINWINIIII
WHEN RECORDED RETURN TO:
Van Auker Properties ADA COUNTY RECORDER Christopher D. Rich 2014-077427
3084 E. Lanark Street BOISE IDAHO Pgs=4 BONNIE 09/23/201410:00 AM
Meridian, ID 83642 VAN AUKER PROPERTIES AMOUNT•$19 00
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00023798201400774270040046
(Space Above For Recorder's Use)
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DECLARATION OF PERPETUAL EASEMENT
THIS �ECLARATION OF PERPETUAL EASEMENT (hereafter "Declaration") is made
as of the day of June, 2014, by EMERGE LLLP ("Owner");
WHEREAS, the Owner is the owner of Lot 3, Block 3, Olson and Bush Subdivision No.
2 located in the City of Meridian, Ada County, Idaho (hereafter "Lot X);
WHEREAS, the City of Meridian has required an access easement across Lot 3 from
E. Lanark Street to the south boundary of Lot 3;
WHEREAS, it is the intent of the Owner to declare and create an easement for ingress
and egress on the terms and conditions contained in this Declaration. It being the express
purpose and intent of the Owner, by and through this Declaration, that the easement hereafter
described shall be for ingress and egress from the public right-of-way to the lot located
contiguous to the south of Lot 3.
NOW, THEREFORE, the Owner hereby declares and reserves an easement
(hereafter "Easement") on, over, across and through the following described portions of Lot 3:
The easement area is as described in Exhibit A attached hereto and made
part hereof.
Recitals. The foregoing recitals are part of this Declaration, not mere recitals.
2. Purpose of Easement. The purpose of the easement herein granted shall be to
provide ingress and egress to and from Lott, Block3 of the Olson and Bush Subdivision No.
3 (hereafter "Benefited Property") for the owners, tenants, customers, vendors, and invitees
(hereafter "Authorized Users") of the Benefited Property. The Easement herein granted is not
intended, nor shall the same be construed, to permit or authorize the parking of vehicles on
any portion of the Easement.
3. Non -Exclusive Easement - Restrictions on Use. The Easement herein granted
shall be for the non-exclusive use of the Authorized Users, such use to be limited to the
DECLARATION OF EASEMENT — PAGE 1 OF 3
access, ingress, egress and circulation described in Section 2, above, and no other use of the
Easement by the Authorized Users shall be permitted.
4. Nature of Easement. The Easement herein granted by the Owner shall be an
easement which shall be appurtenant to and shall be a covenant which shall run with Lot 3.
5. Prohibited Activities. Owner and any Authorized User shall not use, or permit
to be used, any portion of any of the Easement for any purpose or use which will interrupt,
prevent, prohibit or make inconvenient the access, ingress, egress or circulation intended by
this grant.
6. Right to Mortgage. The Owner and the owners of the Benefited Property shall
have the right to mortgage such parties' rights under this grant, if required by the mortgagee,
and in such event the mortgagee of a party's interest under this grant shall have no obligation
hereunder unless and until the mortgagee acquires the fee title to the mortgaged property.
7. Risk of Use. Use of the Easement as provided in this grant shall be at the risk
of the party using the easement. Owner and the owners of Benefited Property shall not be
liable for any claims, suits, damages or actions which result from the use of the Easement.
8. Easement Termination. This Declaration and the associated Easement shall
automatically terminate in the event that Lot 3 and the Benefited Property are merged into one
parcel.
9. Improvement and Maintenance of Easement Area. All costs associated with
the improvement and maintenance of the Easement area shall be the sole responsibility of the
owner of the Benefited Property.
10. Acceptance of Terms of Easement. Each authorized user of this Easement,
agrees to the terms and conditions contained in this Declaration.
11. Binding on Successors. This Declaration 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.
IN WITNESS WHEREOF, the undersigned Owner has executed this Declaration as of
the date and year first above written.
OWNER:
EMERGE LLLP
16knaldW.Auker
General Partner
DECLARATION OF EASEMENT - PAGE 2 OF 3
STATE OF IDAHO )
ss:
County of ADA )
On this day of , 2014, before me, the undersigned, a
Notary Public in and for said State, personally appeared Ronald W. Van Auker, known or
identified to me to be the General Partner of Emerge LLLP, the Company, Corporation or
Entity that executed the foregoing instrument or the person who executed the foregoing
instrument on behalf of said Company, Corporation or Entity, and acknowledged to me that
such Company, Corporation or Entity executed the same.
IN WITNESS WHEREOF, I have hereto set my hand and affixed my official seal the
day and year in this certificate first written.
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DECLARATION OF EASEMENT - PAGE 3 OF 3
Exhibit A
Legal Description
ACCES&F-MEMENT FOR
PROPOSED OLSON AND BUSH SUB. NO.: 3:
ACROSS LOT 3'BLOCK 3 OF OLSON AND BUSH N61
A -*20 fqQi wide strip, -of land across Lot. 3, Block "3 of -Olson. and .hush Subdivision No. 2
-as.tecord6d in Ada Colinty -records as Book 90, P46 10508; Iodated, ifijho Southeaigt 114
of Section 8,.,T.314., RJ E., B. M., Ada County, Idaho, and beiftpnore,particularly,
described as follows:
I
The westerly 26 feet of said Lot 3 -extending from the south boundary of s6 id lot to the
right-oPway -of Lanark. Street on the north.
Prepared by: Todd R. Waite P.L.S.
Exhibit A - Page One of One