Z - Revised Cross Access and Utility EasementNew Beginnings Cross Access & Utility Easement
Agreement
CROSS ACCESS EASEMENT AGREEMENT: This Cross Access Easement Agreement (this "Agreement") is
made this _15th_ day of _March2019, by and between the owner(s) of Block 1 Lot 1
(hereafter referred to as Owner 1) of the New Beginnings Subdivision and the owner(s) of Block 1 Lot 2
(hereafter referred to as Owner 2) of the New Beginnings Subdivision.
RECITALS:
A. Chris Fuhrman is the owner of Block 1 Lot 1 of the New Beginnings Subdivision, certain real property
located in Ada County, Idaho more particularly described in Exhibit A attached hereto.
B. Chris Fuhrman is the owner of Block 1 Lot 2 of the New Beginnings Subdivision that certain real
property located in Ada County, Idaho more particularly described in Exhibit A attached hereto
C. Owner(s) intend hereby to create and provide for the use and benefit of the respective properties,
subject to the limitations hereinafter provided, a perpetual, non-exclusive easement. The uses of this
easement shall include: (1) pedestrian and vehicular ingress, egress, passage and traffic between: (a)
Curt Road and Block 1 Lot 1 of the New Beginnings Subdivision and (b) Curt Road Block 1 Lot 2 of the
New Beginnings Subdivision. (2) Access and passage for the installation, maintenance, service and repair
of utilities including but not limited to Power, Gas, Irrigation, Cable TV and Internet.
D. Owner(s) intend that the respective successor owners, in interest and their respective lessees,
occupants, licensees and tenants (the "Permittees") shall at all times enjoy the benefits of and shall at
all times hold their interests subject to, the rights, easements, privileges and restrictions hereinafter set
forth.
NOW, THEREFORE, in consideration of the terms of this Agreement, and in consideration of the recitals
above which are incorporated herein, Owner(s) agree and grant as follows:
ARTICLE I Use & Access: Access Easement for Block 1 Lot 1 of the New Beginnings Subdivision. The
owner of Block 1 Lot 2 of the New Beginnings Subdivision hereby grants to the owner of Block 1 Lot 1 of
the New Beginnings Subdivision, for the use of said owner (Owner 1) and its permittees, subject to all
existing easements, encumbrances and restrictions of record, a perpetual, non-exclusive easement
upon, over and across the Easement Area (as defined in Exhibit B) solely for the limited purpose of
pedestrian and vehicular (including EMS vehicles not limited to fire vehicles and equipment) ingress,
egress, passage and traffic between the Block 1 Lot 1 of the New Beginnings Subdivision and Curt Road
and Access and passage for the installation of utilities including but not limited to Power, Gas, Irrigation,
Cable TV and Internet. Use and access shall be granted to the service provider(s) for the installation,
maintenance, service and repair of said service. Costs associated with the installation, maintenance,
service and repair, including any existing roadway, sidewalk, landscaping or appurtenance shall be the
sole responsibility of the beneficiary or end user of said utility.
ARTICLE 11 Maintenance: Maintenance, repair and replacement of any roadway, pavement, concrete or
drainage facilities located on the Cross Access Easement, as defined in Exhibit B, so that any such
facilities shall remain in good working order and condition and capable of supporting any expected
pedestrian or vehicular traffic (including but not limited to fire vehicles and equipment) shall be
ADA COUNTY RECORDER Phil McGrane 2019-020343 P a g e 1 1 3
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 03/15/2019 09:59 AM
CHRIS FUHRMAN AMOUNT.$22.00
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New Beginnings Cross Access & Utility Easement
Agreement
allocated to each owner proportionate to their respective equal benefit of said facilities at fifty percent
(50%) each. The owner of Block 1 Lot 2 of New Beginnings Subdivision shall provide sixty (60) days'
notice to the Owner of Block 1 Lot 1, prior to any regularly scheduled maintenance or repair, of said
repair and the expected cost. The owner of Block 1 Lot 1 shall disburse payments equal to fifty percent
(50%) of all actual costs within 30 days of the completion of maintenance work and the provision of
appropriate billings. In the case of emergency action, the owner of Block 1 Lot 2 of the New Beginnings
Subdivision may make necessary repairs and provide receipt and billing of such repairs to the owner of
Block 1 Lot 1 of the New Beginnings subdivision. From which time the owner of Block 1 Lot 1 shall have
ninety (90) days to disburse funds equal to 50% of said repairs.
Maintenance and repair of and utilities within the easement shall be the sole responsibility of the
beneficiary of said utility having benefited from its service, authorized its installation or required its
maintenance or repair. The costs of this maintenance or repair shall include the repairs of any roadways,
landscaping, sidewalks or drainages and shall be completed promptly.
ARTICLE III Obstructions: Neither owner, party or permittee thereof, nor any unrelated party shall
install, erect or display any fence or other obstruction which would prevent or prohibit passage of
pedestrian or vehicular travel; provided, however, that the foregoing shall not prohibit nor prevent the
installation of a mutually agreed upon and mutually accessible operable gate.
ARTICLE IV Mutual Indemnities: Each party held by this agreement will indemnify, defend, and hold
harmless the other for, from, and against any and all claims suffered or incurred in connection with any
alleged bodily injury or property damage arising out of use or enjoyment of the Easement Area.
Article V Modification and Termination: The terms and provisions of the agreement may be modified,
supplemented or terminated only by written instrument executed by the Owner(s), their successors or
assigns, and recorded by the County.
Article VI Not a Public Dedication: Nothing contained in this Agreement shall, or shall be deemed to,
constitute a gift or dedication of any portion of the Property to the general public or for the benefit of
the general public or for any public purpose whatsoever, it being the intention that this Agreement will
be strictly limited to and for the purposes expressed herein. Each party hereto shall be permitted, from
time to time, to take whatever reasonable action it deems necessary to prevent any portion of their
respective properties from being dedicated or taken for public use or benefit.
Article VII Duration. The Easements herein agreed to, created, and granted shall be perpetual, and may
not be terminated without the express consent of the Owner of each property.
Article VIII Severability. if any term or provision of this Agreement, to any extent, shall be held invalid or
unenforceable, the remaining terms and provisions hereof shall not be affected thereby, but each such
remaining term and provision shall be valid and enforced to the fullest extent permitted by law.
Article IX Enforcement. In the event of a breach of any term, covenant, restriction or condition of this
Agreement by a party, the other party shall have, in addition to the right to collect damages, the right to
enjoin such breach or threatened breach in a court of competent jurisdiction.
age 213
New Beginnings Cross Access & Utility Easement
Agreement
Article X Running of Benefits and Burdens. All provisions of this Agreement, including the benefits and
burdens hereof, run with the land and are binding upon and inure to the benefit of the parties and their
respective heirs, assigns, successors, and personal representatives.
IN WITNESS WHEREOF, Owner(s), intending to be legally bound hereby, have caused this Cross Access
Agreement to be duly executed the day and year as below written.
Executed and Signed
Chris Fuhrman p
e4c�rA Date
STATE OF IDAHO) :
SS.
County of Ada )
On this jl�_ day of ,('.lrl • , 2018, before me, a notary public, personally appeared
��.jS FVInQwy► r) , Owner of Block 1 Lot 1 and Block 1 Lot 2 of the New Beginnings
Subdivision. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
Public for Idaho Residing at V;r QA (
Nota
My Commission Expires.1 11 ZrJ
JASON COVERT
Notary Public - State of Idaho
Commission Number 20190058
My Commission Expires Jan 11, 2025
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TEALEY'S LAND
SURVEYING
El Exhibit B
Project. No.: 4131
Date: June 15, 2017
12594 W, Explorer Drive, Suite 150 • Boise, Idaho 83713
(208) 385-0636
Fax (208) 385-0696
DESCRIPTION FOR
CROSS ACCESS EASEMENT - NEW BEGINNINGS SUBDIVISION
A 30 -foot Cross Access Easement lying in the SW 1/4 of Section 31, TAN., R. 1 E.,
B.M., Meridian, Ada County, Idaho and more particularly described as follows:
Commencing at a brass cap marking the South 1/4 corner of said Section 31',
thence along the South boundary of said SW 1/4 of Section 31
North 89047'50" West 50.67 feet to a point on the extended West boundary of
Record of Survey No. 9145, filed for record in the office of the Ada County Recorder,
Boise, Idaho under Instrument No. 112020607; thence leaving said South boundary along
said extended West boundary and the West boundary of said Record of Survey No. 9145
North 00000'00" East 175.00 feet to an iron pin marking the Southwest corner of
Weaver Acres No. 1, as filed for record in the office of the Ada County Recorder, Boise,
Idaho in Book 28 of Plats at page 1745; thence along the South boundary of said Weaver
Acres No. I
North 89047'50" West 110.37 feet to a point marking the POINT OF BEGINNING,
thence continuing
North 89047*50" West 113.00 feet to a point on the East right-of-way line of North
Curt Street; thence along said East right-of-way line
South 00*32'00" West 30,00 feet to a point; thence leaving said East right-of-way
line along a line 30.00 feet Southerly of and parallel with said South boundary of Weaver
Acres No. 1
South 89047'50" East 113.00 feet to a point; thence
North 00032'00" East 30.00 feet to the POINT OF BEGINNING.
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