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Prevail Subdivision No. 1 Fire Emergency Access Easement (2020-026425) < ADA COUNTY RECORDER Phil McGrane 2020-026425 BOISE IDAHO Pgs=6 LISA BATT 03/05/2020 08:15 AM CITY OF MERIDIAN,IDAHO NO FEE EMERGENCY ACCESS EASEMENT AGREEMENT THIS AGREEMENT made this 3rd day of March —,29 20 ,between MWT LLC,hereinafter referred to as"Grantor"and the City of Meridian, an Idaho municipal corporation,hereinafter referred to as"Grantee"; WITNESSETH: WHEREAS,Grantor is the owner of real property on portions of which the City of Meridian is requiring an access area for emergency vehicles as a condition of development approval; and WHEREAS,Grantor desires to grant an easement for ingress and egress across those certain parts of Grantor's property defined herein to allow for emergency vehicle access;and WHEREAS,Grantor shall construct certain improvements upon the easement described herein; and NOW,THEREFORE,the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit"A"and depicted on Exhibit"B"attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a non-exclusive easement and right-of-way on,over,across and through Grantor's property with the free right of access to such property at any and all times and for the purpose of allowing egress and ingress to and from the property for emergency vehicle access. Pursuant to the International Fire Code,this access road shall be constructed of an improved surface capable of supporting 75,000 GVW; TO HAVE AND TO HOLD, said easement unto said Grantee,its successors and assigns forever; THE GRANTOR,hereby covenants and agrees that no structures shall be constructed,erected, or placed upon the surface of the easement area that would materially impair the normal operation or use of the easement area for emergency vehicular purposes.No parking of vehicles within the easement area shall be permitted. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures,trees,brush,or perennial shrubs or flowers within the area described for this easement,which would interfere with the use of said easement,for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto,that the Grantor shall repair and maintain the access roadway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR MWT LLC Douglas cMaste , Manager STATE OF IDAHO ) ) Ss County of Ada ) This record was acknowledged before me on a-c.- a o (date)by Douglas McMaster, on behalf of MWT LLC, in the following representative capacity: Manager (type of authority such as officer or trustee) JEP �pTARY Notary Signalre DO My Commission Expi s: '1—a 4 -ay PUBLIC a: •' d'-•. •on -01? • 0••. •., T,� .:..• '••. TE OF � .• Meridian City Council Meeting Agenda March 3,2020— Page 34 of 222 GRANTEE: CITY OF MERIDIAN Robert E. Simis M or �EK[UTAN�- Attes by Chris J son,Ci `' C,IP,,r STATE OF IDAHO, ) ) ss. County of Ada ) This record was acknowledged before me on 3-3-2020 (date)by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. CHARLENE ;�fllxy OMMISS 4 Notary Signature r�� `-� `� ���°�� 3-28-2022 F,% My Commission Expires: EXHIBIT A DESCRIPTION FOR PREVAIL SUBDIVISION NO. 1 EMERGENCY ACCESS EASEMENT A portion of Government Lot 2 of Section 31, T.3N., R.1E., B.M., Meridian, Ada County, Idaho more particularly described as follows: Commencing at the W1/4 corner of said Section 31 from which the NW corner of said Section 31 bears North 00037'56" East, 2641.54 feet; thence along the West boundary line of said Section 31 North 00037 56" East, 1,320.77 feet to the NW corner of said Government Lot 2; thence leaving said West boundary line and along the North boundary line of said Government Lot 2 North 89°39'29" East, 80.01 feet to a point on the East right-of-way line of S. Meridian Rd.; thence along said East right-of-way line South 00037'56" West, 21.44 feet to the REAL POINT OF BEGINNING; thence leaving said East right-of-way North 90°00'00" East, 57.99 feet; thence 85,83 feet along the arc of curve to the right, said curve having a radius of 75.00 feet, a central angle of 65'34'15" and a long chord which bears South 57012'53" East, 81.22 feet; thence 64.08 feet along the arc of said reverse curve to the left, said curve having a radius of 200.00 feet, a central angle of 18°21'30" and a long chord which bears South 33°36'30" East, 63.81 feet; thence North 89°38'19" East, 819.52 feet; thence South 00030'44" West, 182.18 feet; thence North 77"1 T 13"West, 34.29 feet; thence North 00°31'21" East, 119.04 feet; thence North 46°19'25"West, 50.88 feet; thence South 89'38'19" West, 757.16 feet; thence 79.48 feet along the arc of a non-tangent curve to the right, said curve having a radius of 220.00 feet, a central angle of 20041'54" and a long chord which bears North 34°46'42" West, 79.04 feet; Page 1 of 2 Meridian City Council Meeting Agenda March 3,2020— Page 36 of 222 thence 62.94 feet along the arc of said reverse curve to the left, said curve having a radius of 55.00 feet, a central angle of 65*34'15" and a long chord which bears North 57'12'53" West, 59.56 feet; thence North 90000'00" West, 58.21 feet to a point on the East right-of-way line S. Meridian Rd.; thence along said East right-of-way line North 00037'56" East, 20.00 feet to the REAL POINT OF BEGINNING. N S�� G,A� a. 7729 Z11*U 0 e q�QF 1p� G.GP Page 2 of 2 Meridian City Council Meeting Agenda March 3,2020— Page 37 of 222 CURVE TABLE CURVE RADIUS LENGTH CHORD DIST. CHORD BRIG. DELTA Cl 75.00 85.83 81.22 S57'12'53"E 65*34'15" S25 S30 E. AMITY RD. C2 200.00 64.08 63.81 S33'36'30"E 18'21'30" S36 S31 C3 220.00 79.48 79.04 N34'46'42"W 20'41'54" C4 55.00 62.94 59.56 N57'12'53"W 65'34'15" I LINE TABLE LINE LENGTH BEARING it L1 21.44 SO'37'56"W Ip z I rN L2 20.00 NO'37'56"E w fN8 W COR C° NOV'T LOT 2 N90'00'00"E w 57.99' o o9'39'29"E Un - - — — — — — — - - - - - - — 80.01' J m Z RPOB _ L-2-Z �r O I� n z r IN90*100'00"W ✓� Q o 58.21' � ��"' �,����� _ - - N89'38'19"E 819.2' - - Lij V) P ��S. / 100 I 100 oI I ai 13 wi I o 1/4 NI 'b S36 S31 dv •"'I ZI I a 7729 N77'17'13"W N� �U z� �o 34.29' OF � �� I z r c�4Y G.0 v 10 40 160 Uj 0 20 80 320 SCALE: 1 " = 80' Prey A SubdM,1,n N i —?I w ewll n-b Ofjl:t Emer n s•.w G 20 G II:G9:G6 AM EXHIBIT DRAWING FOR JOB 021 IDAHO PREVAIL SUBDIVISION NO. 1 2D—DN esss+n�.EMeaaLDST. —SHEET N0. SURVEY BOISE(08)84I6857p83704 EMERGENCY ACCESS EASEMENT GROUP LLC LOCATED IN GOVERNMENT LOT 2 OF SECTION 31. T.3N., RAE., B.M., DWG. DATE ADA COUNTY, IDAHO 2/20/2020 Meridian City Council Meeting Agenda March 3,2020— Page 38 of 222