Sky Mesa East LLC Access Easement Well #28 City of Meridian and Sky Mesa East, LLCRECORDING REQUESTED BYAND
WHEN RECORDED RETURN TO:
Meridian City Clerk
33 East Broadway Avenue
Meridian, ID 83642
ADA COUNTY RECORDER Christopher D. Rich 2018-102265
BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 10/26/2018 12:04 PM
CITY OF MERIDIAN, IDAHO NO FEE
ACCESS EASEMENT
(Space Above For Recorder's Use)
This Access Easement is made effective this _ - day of _ d_ ; 2018, by and
between Sky Mesa East, LLC ("Grantor"), and City of Meridian ("Grantee"). The Grantor and
Grantee may be collectively referred to as the parties.
RECITALS:
WHEREAS, Grantor is the owner of that certain property on E. Taconic Drive in the
Blackrock Subdivision No 1 in Meridian Idaho, 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 on E. Taconic Drive in the
Blackrock Subdivision No 1 in Meridian Idaho, 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 legally described in Exhibit C depicted on
Exhibit D 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 legally
described in Exhibit C ("Easement").
2. Purpose of Easement. The Easement shall be used for vehicular ingress and egress to
the City of Meridian Well No 28 for the City of Meridian and its respective representatives,
customers, invitees, and agents. No parking of any vehicles shall be permitted on the Easement.
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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. 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.
6. 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.
7. 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: City of Meridian
City Clerk
33 East Broadway Avenue
Meridian, Idaho 83642
Grantor: Sky Mesa East, LLC
James H. Hunter
729 S. Bridgeway Place
Eagle, Idaho 83616
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.
8. 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.
Until and unless an express dedication is made of the Easement, no use hereunder shall be
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deemed to constitute the Easement as a public way or a quasi -public way, but to the contrary the
Easement shall constitute and remain a private way and drive. No dedication shall, however, be
made of the Easement unless:
a. Such Easement is accepted by the public entity for maintenance as a public street
or drive; and
b. 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: SKY MESA EAST, LLC
Travis Hunter, Manager
STATE OF IDAHO
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County of Ada ) 4!�A
Tr vAl> "W)f '
This record was acknowledged before me on X 30' (date) by , on
behalf of Sky Mesa East, LLC, in the following representative capacity: Manager
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GRANTEE: THE CITY OF MERIDIAN
Tanury T erd, Mayor
09k & l k
Notary Signature
My Commission Expires: 917,11
ACCESS EASEMENT - 3 DOCUMENT IV.B
071305 1500 BOI MT2:586959.1
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Way Cole ity Clerk
STATE OF IDAHO, )
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County of Ada )
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This record was acknowledged before me on " '261 (date) by Tammy de Weerd
and C.Jay Coles on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk, respectively.
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Notary Signature
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ACCESS EASEMENT - 4 DOCUMENT IV.B
071305 1500 BOI_MT2c586959.1
EXHIBIT A
(Grantor's Property Legal Description)
[note this is the property that Sky Mesa East will own after the exchange]
A parcel being a portion of Lots 16 and 24, Block 1 of Blackrock Subdivision No. 1 as shown in
Book 96 of Plats on Pages 12003 thru 12008, records of Ada County, Idaho, and being located
in the E 1/2 of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho,
more particularly described as follows:
Commencing at an Aluminum Cap monument marking the southeast corner of the NE 1/a of said
Section 32, from which an Aluminum Cap monument marking the northeast corner of said NE 1/a
bears N 0°13'21" E a distance of 2677.54 feet;
Thence N 89°21'39" W a distance of 1556.63 feet to a point marking the southeast corner of
that parcel shown as Parcel B on Record of Survey No. 9866, records of Ada County, Idaho;
Thence S 0001'24" E along the prolongation of the easterly boundary of said Parcel B a distance
of 13.46 feet to a point;
Thence leaving said prolongation N 89040'11" W along the southerly boundary and prolongation
of Lot 24 of said Block 1 of Blackrock Subdivision No. 1 a distance of 150.07 feet to the POINT
OF BEGINNING;
Thence leaving said southerly boundary prolongation S 0°00'49" W a distance of 20.00 feet to a
point marking the southerly angle point of the southerly boundary of said Parcel B;
Thence N 89°40'11" W along said southerly boundary and the northerly right-of-way of E.
Taconic Drive a distance of 82.00 feet to a point marking the southwest corner of said Parcel B
and the southeasterly corner of Southern Highlands Subdivision No. 3 as shown in Book 111 of
Plats on Pages 16149 thru 16153, records of Ada County, Idaho;
Thence N 0000'49" E along the westerly boundary of said Parcel B and the easterly boundary of
said Southern Highlands Subdivision No. 3 a distance of 20.00 feet to a point;
Thence leaving said westerly boundary S 89°40'11" E a distance of 82.00 feet to the POINT OF
BEGINNING.
This parcel contains 1,640 square feet (0.038 acres) and is subject to any easements existing or
in use.
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0. ■ i
(Grantee's Property)
4 -
Parcel 1 as identified in Record of Survey No t 6U- , recorded on the day of
2018 in the records of Ada County Idaho, identified as Instrument Number
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EXHIBIT C
(Easement Legal Description)
City of Meridian - Well #28 Access Easement
An easement being over a portion of Lot 16, Block 1 of Blackrock Subdivision No. 1 as shown in
Book 96 of Plats on Pages 12003 thru 12008, records of Ada County, Idaho, and being located
in the E 1/2 of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho,
more particularly described as follows:
Commencing at an Aluminum Cap monument marking the southeast corner of the NE 1/a of said
Section 32, from which an Aluminum Cap monument marking the northeast corner of said NE 1/a
bears N 0°13'21" E a distance of 2677.54 feet;
Thence N 89°21'39" W a distance of 1556.63 feet to a point marking the southeast corner of
that parcel shown as Parcel B on Record of Survey No. 9866, records of Ada County, Idaho;
Thence S 0001'24" E along the prolongation of the easterly boundary of said Parcel B a distance
of 13.46 feet to a point;
Thence leaving said prolongation N 89040'11" W along the southerly boundary and prolongation
of Lot 24 of said Block 1 of Blackrock Subdivision No. 1 a distance of 196.67 feet to the POINT
OF BEGINNING;
Thence leaving said prolongation of the southerly boundary S 0°00'49" E a distance of 20.00
feet to a point on the northerly right-of-way of E. Taconic Drive;
Thence N 89°40'11" W along said northerly right-of-way a distance of 30.00 feet to a point;
Thence leaving said northerly right-of-way N 0000'49" E a distance of 20.00 feet to a point on
said prolongation of the southerly boundary of Lot 24;
Thence S 89°40'11" E along said prolongation of the southerly boundary a distance of 30.00
feet to the POINT OF BEGINNING.
Said easement contains 600 square feet.
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EXHIBIT D
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