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Castlebridge Subdivision Emergency Access EasementADA COUNTY RECORDER Christopher D. Rich 2018-067161 BOISE IDAHO Pgs=6 CHE FOWLER 07/19/2018 09:33 AM CITY OF MERIDIAN, IDAHO NO FEE (Space Above For Recorder's Use) ACCESS EASEMENT This Access Easement is made effective this rday of 2018, by and between Dave Evans Construction, LLC ("Grantor"), and Jack L. Hammond ("Grantee"). The Grantor and Grantee may be collectively referred to as the parties. RECITALS: WHEREAS, Grantor is the owner of that certain property legally described as Lot 16, Block 1 of the Accommodations Subdivision in the City of Meridian ("Grantor's Property"); WHEREAS, Grantee is the owner of that certain property in Meridian Idaho as legally described in ExhibitA, 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 Legally Described in Exhibit B and 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 described on Exhibit B and depicted on Exhibit C ("Easement"), 2. Purpose of Easement. The Easement shall be used for emergency access and pedestrian travel. 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. 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 emergency vehicular travel. ACCESS EASEMENT -1 5. Dedications. Grantor excepts and reserves unto itself, its successors and assigns, the right to dedicate the Easement as a public street or drive 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 or drive, and the dedication does not preclude or prevent the continued use by Grantee of the entrance to and exit fi-oin 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: Dave Evans Construction LLC STATE OF IDAHO ) ) ss County of Ada This record was acknowledged before me on -I- I I- 2jD is (date) by Bch ale n S (name of individual), on behalf of Dave Evans Construction LLC, in the following representative capacity: o -gn4A— _(type of authority %. .ja61tsov,j4ff trustee). peer or ti Notary Sign e PUB My Commission Expires: no" PE 0V GRANTEE: Jack L. Hammond STATE OF IDAHO, : ss. County of Ada This record was acknowledged before me on (date) by Jack L. Hammond. No y Signature My Commission Expires: ACCESS Approved By City Council On: _7 STATE OF IDAHO, ) : ss County of Ada On this day of O'� said ate, P, 'oijal��20 before me, the undersigned, a Notary Public in and appeared Tammy de Weerd and C.Jay Coles, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ACCESS EASEMENT - 3 --�M 11kn V t'daq, NOTARY PUBNFOR IDAHO r Residing at: _ 0 fl I rj""j Commission Expires: 3 - a2- aC) P,,73— EXHIBIT A Grantee's Property Legal Description A portion of Lot 7 of the Amended Plat of Lots 3, 4, 6, 6 and 7 of Golden Eagle Estates, as recorded In Book 37, at Page 3127, records of Ada County, Idaho, located within the N 1/2 of the NW 1/4 of Section 28,,T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, being a variable width easement for a water line within the proposed Plat of Castlebridge Subdivision more particularly described as follows: Commencing at the brass cap stamped "PLS 5082' marking the NW Corner of said Section 28; thence along the West boundary line of the said N 1/2 of the NW 1/4 of Section 28, S. 00* 32'59' W" a distance of 1320,97 feet to the found 5/8 inch diameter Iron pin with an illegible plastic cap marking the North 1/16 Comer of said Section 28; Thence along the South boundary line of the said Amended Plat of Golden Eagle Estates, S. 890 25' 08" E., a distance of 966.54 feet to a found 618 Inch diameter Iron pin with plastic cap stamped "PLS 11334" marking the SW corner Qf said Lot 7; Thence along the West boundary line of said Lot 7, N. 01 0 13' 04" E., a distance of 300.82 feet to the POINT OF BEGINNING; Thence continuing along the West boundary line of said Lot 7, K 010 13'04" E., a distance of 28.82 feet; Thence leaving the West boundary line of said Lot 7, S. 4110 32' 31" E., a distance of 239.34 feet; Thence S. 690 01'24"E.. a distance of 14.00 feet; Thence S. 891 30' 16" E., a distance of 77,49 feet to the beginning of a non -tangent curve left; Thence 49,19 feet along the arc of said curve left, having a radius of 71.14 feet, a delta angle of 39' 66'57" and a long chord which bears S. 48* 42142" W., a distance of 48.21 feet; Thence non -tangent to said curve, N. 440 30116" W., a distance of 7.95 feet; Thence N. 890 30' 16" W., a distance of 76.96 feet, Thence N. 00* 29'45" E., a distance of 26.50 feet; Thence N. 481 32' 31 -1 W., a distance of 202.85 feet to the POINT OF BEGINNING. The above described parcel of land contains 0.17 acres or 7,610 square feet, more or less. ACCESS EASEMENT' -4 EXHIBIT B' Access Easement Legal Description A parcel of land being a portion of Lot 16of Accommodations Subdivision, as recorded in Book 109 at Page 15,458, records of Ada County, Idaho, lying within the N 112 NW 114 of Section 28, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a found 518 Inch diameter iron pin stamped "PLS 11334" marking the SE corner of said Accommodations Subdivision, said pin bears S. 010 13104" W., a distance of 308.45 feet from a found 5f8 Inch diameter iron pin stamped "PLS 11334" marking the east boundary line of said Accommodations Subdivision and the SE Right -of -Way of Falcon Drive; thence coincident with the East boundary line of Lots 11,12 and a portion of Lot16 of Accommodations Subdivision, N, 01013'W E., a:distance of 272.00 feet to the POINT OF BEGINNING; Thence departing said East boundary line of Lot 16, N. 480 32'31" W., a distance of 28,43 feet to the said SE Right of Way line of Falcon Drive and the beginning of a non -tangent curve to the left; Thence 26.63 feet coincident with the are of said curve left and said Right -of -Way line, having a radius of 52.00 feet, a delta of 29 20'43," and a long chord which bears N. 56° 4048" E,, a distance of 26.34 feet to the said East boundary line of Lot 16; Thence non -tangent to said curve and coincident with sold East boundary line of Lot 16, S. 010 13'04" W., a distance of 33.30 feet to the POINT OF BEGINNING, Comprising 331 square feet, more or less, ACCESS EASEMENT - 5 EXHIBIT C Easement Depiction A PORTION LOT 16 OF ACCOMMODATIONS SUBDIVISION, AS RECORDED IN BOOK 109, AT PAGE 15,458, RECORDS OF ADA COUNTY, IDAHO', LOCATED IN THE N1/2 OF THE NW'I/4 OF SECTION 28, T. 3 N., R. 1 E., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 2018 O \ 1 L . e r Cl LENGTH=26.63' RADIUS -62.00" DELTA 29°20'43" CHORD DIR=N66°40'48"E CHORD DIST=26.34 ACCESS EASEMENT - 6 801°13'04'1N 3.15' 1�. 20,145 SQ. FT a W) �IS,62 `\ PLS 11334 BE COR ACCOMMODATIONS SUB,