Z - Cross-Access Easement for 335 S Locust Grove RdADA COUNTY RECORDER Phil McGrane 2019-039855
BOISE IDAHO Pgs=7 DAN RYALLS 05/14/2019 09:12 AM
KENT BROWN AMOUNT:$28.00
00623251201900398660070077
DECLARATION OF CROSS -ACCESS EASEMENCT}�
This Declaration of Cross -Access Easement is made effective this ! ' `day of May, 2019
by TTS LLC, Brent Belveal (member) ("Grantor"), for the benefit of the real property located at
335 S. Locust Grove Road, Meridian Idaho, currently owned by Robert R. SR. & Ruth G Smith
Living Trust ("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 Exhibit A ("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 S1 118110130 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.
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By,:
STATE OF IDAHO )
ss.
County of Ada )
On this /3-rl- day of May, 2019, before me, a Notary Public in and for the State of
Idaho, personally appeared &e Rel&,, ,( ,known or identified to me, to be a
hat executed the instrument on behalf of said
and acknowledged to me that , executed 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.
KENT: BROWN
COMMISSION #32341 --
NOTARY PUBLIC NOTARY PUBLIC FOR IDAHO
STATE OF IDAHO Residing at Mee,�z
MY COMMISSION pCPIF1ES U7/23/2023 My Commission Expires jra�3
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 1/4 of NE 1/4 of Section 18, T.3N., RAE., 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 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, 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 02520" East, 149.07
feet;
thence leaving said East boundary line North 89039'17" East, 387.84 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, 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)
Beginning at apoint onthe centerline of Locust Grove Road and on the east side of
section 18,township 3 N, R. I E., which point is south 1180.2 feet alongthe section
line from the northeast corner of said section 18 and north along said section line
149.0 feet from the southeast comer of the NE 1/4 NEl/4 of said section 18;
Thence S 89° 11 / W 436.3 feetto a steel pin;
Thence N 0° 55' E 250.75 feet to a steel pin;
Thence N 89° 11 /i' E 432.3 feet to a steel pin;
Thence south 250.72 feetto the real point ofbeginning,
in Ada County, State of Idaho.
DECLARATION OF CROSS ACCESS EASEMENT - 5
EXHIBIT C
(Easement Legal Description)
DESCRIPTIONI FOR
335 S. LOCUST GROVE ROAD ACCESS EASEMENT
BELVEAL SUBDIVISION
A portion of the NE 1/4 of NE 1/4 of Section 18, T. 3N., R. IE., B.M. Meridian, Ada County,
Idaho, T.3N., R.1 W., 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 theNE 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 No. 2 South 89°39'17"
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 89°39'17" West, 206,00 feet;
thence leaving said North boundary line of said Lot 2 North 00030'22" East, 149.02 feet;
thence South 89°29'38" East, 25.00feet;
thence South 00°30'22" West, 123.64feet;
thence North 89'39'17" East, 181.00 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 00°30'22" West, 25.00 feet to the REAL
POINT OF BEGINNING.
DECLARATION OF CROSS ACCESS EASEMENT - 6
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EXHIBIT D
(Depiction of Easement Area)
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SCALE: 1" = 40'
9955W. EMERALOST 335 S. LOCUST GROVE RD ACCESS EASEMENT
SURVEY $11: "°°
(208}946 8570 BELVEAL SUBDIVISION
GROUP, LLC LOCATED IN THE NE 1/4 OF NE 1/4 OF SECTION 18,
T.X. RJE.. B.M., MERIDIAN. ADA COUNTY. IDAHO