Z - Cross-access EAsement for 1590 E Watertower LnADA COUNTY RECORDER Phil McGrane 2019-039853
BOISE IDAHO Pgs=7 DAN RYALLS 05/14/2019 09:12 AM
KENT BROWN AMOUNT:$28.00
II11111 III III III I1111111111 I111II II 111111111 II III
00623260201900398530070073
DECLARATION OF CROSS -ACCESS EASEMENT
This Declaration of Cross -Access Easement is made effective this guy of May, 2019
by TTS LLC, Brent Belveal (member) O'Grantor"), for the benefit of the real property located at
1590 E. Watertower Street, Meridian Idaho, currently owned by M2 Land LLC("Grantee") and
more particularly described herein.
RECITALS:
WHEREAS, Grantor is the owner of that certain property located at 385 S. Locust Grove
Road, also identified as Ada County Parcel Number S1118110161 in Meridian, Idaho,- as more
fully described in ExhibitA ("Grantor's Property");
WHEREAS, in the development approval process, Grantor agreed to provide cross -
access for interconnectivity in favor of that certain adjoining property identified as Ada County
Parcel Number R5901170120 and legally described in Exhibit B ("Grantee's Property");
WHEREAS, Grantor desires to grant to Grantee, and it successors an easement for
ingress and egress across the Grantor's property under the terms and conditions outlined
hereafter.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereby agree as follows:
1. Grant of Access Easement. Subject to the limitations and conditions set forth herein,
Grantor hereby declares and grants for the benefit of Grantee's Property a non-exclusive
perpetual cross -access easement over, on, across, and through the Grantor's Property for ingress
and egress to travel between adjacent properties and the public right of way on the location
legally described on Exhibit C and graphically depicted on Exhibit D (the "Easement Area").
2. Purpose of Easement. The Easement shall be used for ingress and egress for vehicular
and pedestrian travel by Grantee and its respective representatives, tenants, employees,
customers, invitees, and agents. No parking of any vehicles shall be permitted on the Easement
Area.
3. Condition Precedent to Grant of Easement. The Declaration of Easement by Grantor
in Paragraph 1, above, is expressly conditioned upon the Grantee's grant of a recorded reciprocal
cross -access easement substantially equivalent to the provisions hereof for the benefit of the
Grantor's Property, which interfaces the common property line at the same location as the
current or amended Easement Area as evidenced by a document recorded against Grantee's
parcel in the real property records of Ada County, Idaho (Condition Precedent).
4. Improvements and Maintenance. Grantor agrees to improve, maintain, and keep
unobstructed a paved driveway within the Easement Area in a smooth and evenly covered
condition in accordance with applicable City of Meridian standards.
DECLARATION OF CROSS ACCESS EASEMENT - I
5. Binding on Successors, Recordation. This Easement shall be binding on Grantor's heirs,
successors, administrators, executors and assigns and shall run with the land and shall be recorded in
the real property records of Ada County, Idaho.
6. Easement Obstructions. No fence, landscaping, or other barrier shall be erected or
permitted within or across the Easement Area which would prevent or obstruct the passage of
pedestrian or vehicular travel.
7. Enforcement. Grantor or Grantee shall have the right to enforce, by any proceedings at
law or in equity, all provisions of this Declaration of Cross -Access Easement.
8. Incorporation of Recitals and Exhibits. The recitals to this Declaration of Cross -
Access Easement and the exhibits attached hereto are incorporated herein by reference.
9. No Public Dedication. No use hereunder shall be deemed to constitute the Easement
Area as a public way or a quasi -public way, but to the contrary the Easement shall constitute and
remain a private way and drive.
DECLARATION OF CROSS ACCESS EASEMENT - 2
IN WITNESS WHEREOF, the undersigned has caused this Declaration of Cross -Access
Easement to be executed the day and year first written above.
STATE OF IDAHO )
ss.
County of Ada )
On this 1 day of May, 2019, before me, a Notary Public in and for the State of
Idaho, personally appeared Aw01%1yee. % known or identified to me, to be a
executed the instrument on behalf of said
i and ac w7edged to me that J ecuted the
same.'�
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
49
KM BROWN NOTARY PUBL C FOR IDAHO
COMMISSION #32341
NOTARY PUBLIC Residing at Meetr 4i4A/
STATE OF IDAHO My Commission Expires �. / . zr _ ',fz;;
W COMMISSION EXPIRES 07/02023 "�`'''7
DECLARATION OF CROSS ACCESS EASEMENT - 3
EXHIBIT A
(Grantor's Property Legal Description)
DESCRIPTION FOR
BELVEAL SUBDIVISION
A parcel of land located in the NE 114 of NE 1/4 of Section 18, T.3N., R.1E., B.M.
Meridian, Ada County, Idaho, T.3N., R.1W., B.M., Meridian, Ada County, Idaho more
particularly described as follows:
Commencing at the N 1/16 corner of said Section 18, said point also being the
NE corner of Murdoch Subdivision No.2 as filed in Book 83 of Plats at Pages 9158 and
9159, records of Ada County, Idaho, from which the NE corner of said Section 18 bears
North 00°30'22" East, 1,329,57 feet;
thence along the North boundary line of said Murdoch Subdivision Not South
$9°39'17" West, 48.01 feet tb'a point"on the West right-of-way line of S. Locust Grove
Road; slid pointalso-being ttfe REAL POINT OF BEGINNING; ,
s
thence continuing along said North boundary line South 89°39'17" West, 390.23
feet to the SE corner of Lot 2, Block 2 of Medimont Subdivision No.1 as filed in Book 75
of Plats at Pages 7794 and 7795, records of Ada County, Idaho;
thence along the East boundary line of said Lot 2 North 01 025'20" East, 149.07
feet;
thence leaving said East boundary line North 89'39'17" East, ,387.84 feet to a
point on the West right-of-way line of S. Locust Grove Road; ' I . .
thence along said West right-of-way line South 00°30'22" West, 149.02 feet to
the REAL POINT OF BEGINNING. Containing 1.33 acres, more or less.
DECLARATION OF CROSS ACCESS EASEMENT - 4
EXHIBIT B
(Grantee's Property Legal Description)
LOT 4, BLOCK 3 OF MURDOCH SUBDIVISION NO 2
DECLARATION OF CROSS ACCESS EASEMENT - 5
EXHIBIT C
(Easement Legal Description)
1580 E. WATERTOWER ST. ACCESS
EASEMENT
A portion of the NE 1/4 of NE 1/4 of Section 18, T. 3N., R. 1 E., B.M. Meridian, Ada
County, Idaho, T.3N., R.1W., B.M., Meridian, Ada County, Idaho more particularly described
as follows:
Commencing atthe N 1/16 cornerofsaid Section 18, said pointalso being the NE corner
of Murdoch Subdivision No.2 as filed in Book 83 of Plats at Pages 9158 and 9159, records ofAda
County, Idaho, from which the NE corner of said Section 18 bears North 00"30'22" East, 1,329.57
feet;
thence along the North boundary line of said Murdoch Subdivision No. 2 South
89039' 17" West, 48.01 feet to a point on the West right-of-way line of S. Locust Grove
Road, said point also being the REAL POINT OF BEGINNING;
thence continuing along said North boundary line South 89039'17" West, 65.00feet;
thence leaving said North boundary line of said Lot 2 North 00°30'22" East, 25.00
feet; thence North 89039' 17" East, 65.00 feet to a point on the West right-of-way line
of S. Locust Grove Road;
thence along said West right-of-way line South 00030'22" West, 25.00 feet to the
REAL POINT OF BEGINNING.
DECLARATION OF CROSS ACCESS EASEMENT - 6
O
EXHIBIT D
(Depiction of Easement Area)
S.7 S.8
S.18 S.17
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BLOCK 1 O o n
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1 inv)
1 V1 Izm
ACCESS EASEMENT 1
N89'3917"E 65.00' 1
NO'3 25.06 P1/25.00'22"W
25.00' 1 -� 25.00'
l S89'39'17"W N 1/16
S89'39'17'W 65.00' ` 48.01'
MURDOCII SUBDIVISION N0. 2
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EXHIBIT DRAWING FOR 10D N0
16-064
1580 E. WATERTOWER ST. ACCESS EASEMENT SHEET N(
BELVEAL SUBDIVISION 1
LOCATED IN THE HE 1/4 OF NE 1/4 OF SECTON lk -"'-
T.3N.. RAE. D.N.. ILIEFWAP, ADA COUNTY. IDANO 4/30/IO1B
DECLARATION OF CROSS ACCESS EASEMENT - 7