Cross access agreementRecording Requested By and
When Recorded Retum to:
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
ADA COUNTY RECORDER Christopher D. Rich 2018-012940
BOISE IDAHO P91=5 LISA BATT
RACKHAM FAMILY TRUST 02/121201902:23 PM
AMOUNT $22.00
11111111111111111111111111111111111111111111111111
IIII11111111111111111111111111111111111111111III
00462238201800128400050056
CROSS ACCESS AGREEMENT
Not Write Above ibis Line
THIS AGREEMENT, is trade and entered into on the date indicated herein by Heath
Properties, LLC, hereinafter referred to as ,Grantor , or "Owner.,,
WHEREAS, the Grantor is the owner of record of certain real estate located at 225 W.
Franklin Road, Meridian, Idaho, Ada County parcel No 51213110356 and legally described as
Parcel #0356 of NE4NE4 Sec 13 3N 1W #0355 —B ("Property„); and
WHEREAS, pursuant to City of Meridian Application CUP (1-1-2017-0141), the owner
of 305 W. Franklin, Ada County Parcel No S121311466, legally described as Parcel #0466 of
NE4NE4 Sec 13 3N IW #0465 —13 ("Adjacent P,,i is prohibited from directly accessing
Franklin Road for so long as the CUP is in effect; and
WHEREAS, as a Condition of CUP H-2017-0141, the owner of the Adjacent Parcel is
required secure a Cross Access Easement
Road; and across the Property to provide access to W. Franklin
NOW, THEREFORE, for and in consideration of the premises and of the
covenants, agreements and conditions hereinafter set fort}, the parties agree as follows:
ARTICLE I
CONDITIONS
1.1 The Grantor hereby agrees to grant to Adjacent Parcel, a CROSS ACCESS across the
Property to the curb cut on W. Franklin Road as required by Cup H-2017-0141. The
location of this cross access between Property and the Adjacent parcel shall be as
represented in Exhibit A. attached hereto.
1.2 If any change of the Property occurs per the Meridian City Code in effect at the time of
the change, an amendment of this
requited. agreement as outlined in Section 5.1 below shall be
1.3 This Cross Access Agreement runs concurrent with the time constraints of the CUP (H-
2017-0141) in effect, which expires in January of 2023. At that time this agreement will
be null and void and a new agreement will need to be put in place with a new CUP.
CROSS ACCESS AGREEMENT_ pAGE t OF 5
ARTICLE II
TERMS
2.1 Definitions. For purposes hereof.
(a) The term "Property" shall mean the Property located at 225 W. Franklin Road
as legally described herein or and any future subdivisions of the Property.
(b) The term "Adjacent Parcel shall mean the property located at 305 W. Franklin
Road as legally described herein or and any future subdivisions of the Adjacent Property,
(c) The term "Owner" shall include any and all successors or assigns of Owner as
the owner or owners of fee simple title to all or any portion of the Owner's Parcel
whether by sale, assignment, inheritance, operation of law, foreclosure, or otherwise, but
not including the holder of any lien or encumbrance on the Owner's Parcel unless and
until such holder becomes the record owner thereof.
ARTICLE III
DEFAULT
3.1 In the event the Owner fails to comply with the conditions set forth herein, within thirty
(30) days of written notice of such failure from Adjacent Parcel, Adjacent Parcel shall
have the right to, without prejudice to my other rights or remedies, to cure such default
and enjoin such violation and otherwise enforce the conditions contained in this Cmss
Access agreement,
3.2 If required to proceed in a court of law or equity to enforce any provision of this Cross
Access agreement, the prevailing party shall be entitled to recover all direct out-of-pocket
costs so incurred to cure or enjoin such default and to enforce the conditions contained in
this Cross Access Agreement, including attorney's fees and court costs.
ARTICLE IV
ASSIGNMENT AND TRANSFER
4.1 After its execution, this Cross Access Agreement shall be recorded in the office of the
County Recorder. Each condition herein shall run with the land. This Cross Access
Agreement shall be binding on the Owner, and their respective heirs, administrators,
executors, agents, legal representatives, successors, and assigns. Any new owner of the
Property or any portion thereof (including, without limitation, any owner who acquires its
interest by foreclosure, trustee's sale or otherwise) shall be liable for all conditions stated
within this Cross Access and Through Access Agreement with respect to the Property or
portion thereof.
CROSS ACCESS AGREEM&Nf —PAGE 2 OF 5
ARTICLE v
GENERAL MATTERS
5.1 Amendments: An alteration, change, or termination of this Cross Access A
Any tt g gree
ment
shell be made only after written approval by the Owner.
5.2 Paragmoh Headings: This Cross Access Agreement shall be construed according to its
fair meaning. Titles and captions are for convenience only and shall not constitute a
Portion of this Cross Access Agreement. As used in this Cross Access Agreement,
masculine, feminine or neuter gender and the singular or plural number shall each be
deemed to include the others wherever and whenever the context so dictates.
5.3 Choice of Law: This Cross Access Agreement shall be construed in accordance with the
laws of the State of Idaho in effect at the time of the execution of this Cross Access
Agreement. Any action brought in connection with this Cross Access Agreement shall be
brought in the Fourth Judicial District in Ada County, Idaho.
5.4 oti : Any notice which a party may desire to give to another party must be in writing
and may be given by personal delivery, by mailing the same by registered or certified
mail, return receipt, requested postage prepaid, or by Federal Express or other reputable
overnight delivery service, to the party to whom the notice is directed at the address of
such party set forth below;
Owner: Heath Properties, LLC
948 W. Colchester Drive
Eagle, Idaho 83616
Or other such address and to such other persons as the parties may hereafter designate.
Any such notice shall be deemed given upon receipt if by personal delivery, forty-eight
(48) hours after deposit in the United States Mail, if sent by mail pursuant tc the
foregoing, or twenty-four (24) hours after timely deposit with a reputable overnight
delivery service.
5.5 Effective Date: This Cross Access Agreement shall be effective upon the signing and
execution of this agreement by all parties.
5.6 Authoritv to Enter Into By the execution and delivery of this Agreement
the parties, and the performance of their covenants and obligations therein, thepartiesbY
acknowledge such action has been duly authorized by all necessary corporate (or
LLC) action, and necessary corporate (or LLC) resolution(s) have been executed for the
undersigned representat ve(s) to sign this Agreement and so bind their respective parties.
END OF TEXT— SIGNATURE PAGE TO FOLLOW
CROSS ACCESS AGREEMENT—PAGE3 OF
IN WITNESS WHEREOF, the Owner has executed this Cross Access Agreement.
DATED this IL day of February, 2018.
Gordon W. Heath
Heath Properties, LLC
STATE OF IDAHO )
: Ss.
County of Ada )
On this 12. day of February, 2018, before the undersigned notary public in and for the
said state, personally appeared Gordon W. Heath, known or identified to me to be the Manager
of the LLC referenced herein and the person who executed the foregoing instrument on behalf of
said LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
NV14 67virlalr
Notary Publi6 forldtcj Z$0 A SPI
Residing at: 'inWfdApt,,83b�iv
My Commission Expires: I
CROSS ACCESS AGREEMENT—PAGE 4 OF 5
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CROSS ACCESS AGREEMENT -PAGE 5e5
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CROSS ACCESS AGREEMENT -PAGE 5e5
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