Access Easement Grant between Van Hees and Tom Roam , . ADA COUNTY RECORDER Christopher D. Rich AMOUNT 22.00 5
BOISE IDAHO 08/30/2013 04 : 04 PM
_ DEPUTY Victoria BaileySiniptiflI `A
:. . . _._ _... . .. Edc O ding
RECORDED
-REQUESTOF Ilil�ll �IIIIilIIIIIII�II{�II� I�IIil�lillillllli�l llliilillllllf(I ELtaOCRON(CALLYBECORDED DO NOT PIONEER TITLE COMPANY OF ADA C 113099953
REMOVE THE COUNTY STAMPED FIRST
PAGE AS IT IS NOW INCORPORATED AS
PART OF THE ORIGINAL DOCUMEN7 ACCESS EASEMENT GRANT
This Access Easement Grant (this "Grant") is made this J dayof —��� L� 2013,,
by and between Franklin Investment Co., I,LC, an Idaho limited liability company w se address is P,O .
Box 6770, Ketchum, Idaho 83340 ("Franklin").
RECITALS:
A. Franklin is the owner of that certain real property legally described on the attached
Exhibit A, which is made a part hereof, and depicted on the attached Exhibit C which is made. a part
bereof{'Franldin Parcel."); and
8, Thomas K. Roam, a married man whose address is 11. 5 S. Linder Road, Meridian, Idaho j
83642 ("Roam"), is the owner of that certain real property legally described on the attached F i JUB
which is made part hereof, and depicted on the attached Exhibit C ("Roam Parcel"): and
C, As mcipired by the City of Meridian, Franklin wishes to grant to Roam a non-exclusive
access easement on, over, across and through the existing and future paved drive aisles located through-
out the Franklin Parcel,
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, Franklin hereby snakes the following grant.
l , FRANKLIN GRANT: Franklin hereby grants to Roam, for the benefit of the Roam
Parcel, and any and all owners thereof; a qon-exchgsive seem easement on, over, across and through all
existing and future paved drive aisles through-out the Franklin Parcel, the scope and purpose of such
easement is ror vehicular and pedestrian ingress to, and egress from, the Roam Parcel (the "Franklin
Easement"), Parkit}� within the Frnnk{in 1'areel by Roam, or am of his tenunts, employees. invitees
licensees, successors or assigns, is shietly prohibited,
2. ACCESS FROM ROAM PARCEL ONTO FRANKLIN PARCEL: Access from the
Roam .Parcel onto the Franklin Parcel shall only occur at the location as shown on the attached Exhibit G.
This access point is currently blocked by a concrete wall. In the event Roam wishes to utilize the
Franklin Easement, he will be responsible, at his sole cost and expense, for rernoving the concrete wall at
this access point as well as constructing any other necessary access point improvements including,
without limitation, pavement. Such removal and improvement construction nmst be 1 ) in compliance
with all applicable laws, rules, regulations and ordinances, 2) clone in an attractive and professiorad
manner, 3 ) done with the approval and supervision of Franklin and 4) done with the least amount of
impact to the Franklin Parcel and remaining portion ofthe concrete wall.
3 . RELOCATION OF FRANKLIN EASEMENT: Notwithstanding anything in this Grant
to the co IT! Franklin_ shal ! have the right, 0{. its sole and absolute discretion, to reconfraure or relocate .
the drive aisles, or any portion thereof, comprising the Franklin Easement, without any approval from
Roam,
4. BINDING EFFECT. All provisions ofthis Grant, including the benefits and burdens, run
with the land and arc' binding upon and inure to the benefit, obligation and use of the owners of the
Franklin Parcel and Roam Parcel, as well as 14eir respective successors and assigns.
ACCESS EASEMENT GRANT - I
EW 110141CALLY RECORDED • DO NOT
REN40VE THE COUNTY STAMPED FIRST
PAGE AS IT IS NOW INCORPORATED AS
PART OF THE ORIGINAL DOCUMENT, ACCESS EASEMENT GRANT
Z �tSrr '
This Access Easement Grant (this "Grant") is made this ' day of ( , 2013 ,
by and between Franklin Investment Co., LLC, an Idaho limited liability company wK se address is P.O .
Box 6770, Ketchum, Idaho 83340 ("Franklin").
RECITALS:
i
A . Franklin is the owner of that certain real property legally described on the attached
Exhibit A , which is made a part hereof, and depicted on the attached Exhibit C, which is made a part
hereof ("Frank] in Parcel"); and
i
B . Thomas K . Roam, a married man whose address is 1 15 S . Linder Road, Meridian, Idaho
83642 ("Roam"), is the owner of that certain real property legally described on the attached Gxhibil B,
which is made a part hereof, and depicted on the attached Exhibit C (" Roam Parcel") and
C. As required by the City of Meridian, Franklin ravishes to gran to Roam it non-exclusive
access easement on, over, across and through the existing and fume paved drive aisles located through-
out the Franklin Parcel.
NOW, 'hHERbFORE, for good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged. Franklin hereby makes the following grant.
I . FRANKLIN GRANT: Franklin hereby grants to Roam. for the benefit of the Roam
Parcel, and any and all owners thereof, a non-exclusive access easement on, over, across and through all
existing and future paved drive aisles through-out the Franklin Parcel, the scope and purpose orsuch
easement is for vehicular and pedestrian ingress to, and egress from, the Roam Parcel (the "Franklin
Easement"). Par} mgw=ithin Bte Franklin Parcel lay Roam or Zt» orhis tertants�emrLevees, invitees, j
Iicensces, successors or assigns, is strictly prohibited ,
2 . ACCESS FROM ROAM PARCEL ONTO FRANKLIN PARCEL: Access from the
Roam Parcel onto the Franklin Parcel shall only occur at the location as shown on the auached Exhibit C.
This access point is currently blocked by a concrete wall, In the even( Roan wishes to utilize the
Franklin Easement, he will be responsible, at his sole cost and expense, for removing the concrete wall at
this access point as well as constructing any other necessary access point improvements including,
without limitation, pavement. Such removal and improvement construction nurst be 1 ) in compliance
with all applicable laws, rules, regulations and ordinances, 2) done in an attractive and professional
mariner, 3 ) done with the approval and supervision of Franklin and 4) done with the least amount of
impact to the Franklin Parcel and remaining portion of the concrete wall.
3 . RELOCATION OF FRANKLIN EASEMENT: Notwithstanding anything in this Grant
to tine contrary, Franklin shall have the right, at its sole and absolute discretion, to reconfigure or relocate
the drive aisles, or any portion thereof, comprising the Franklin Easement, without any approval from
Roam .
4 , BINDING EFFECT: All provisions of this Grant, including the benefits and burdens, run
with the land and are binding upon and inure to the benefit, obligation and use of the owners of the
Franklin Parcel and Roam Parcel, as well as their respective successors and assigns.
ACCESS EASEMENT GRANT - I
5_ NON-EXCLUSIVE RIGHT: The right to use the Franklin Easement by Roam is not
exclusive. Franklin and its tenants, together will all their employees, customers, invitees, licensees,
successors and assigns, shall all have the right to use the Franklin Easement.
6. 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 injunctive brother equitable relief. In any.
suit, action or appeal therefrom to enforce or interpret this Grant, the prevailing party shall be entitled to
recover its costs.incurred therein, including reasonable attorneys' fees mid costs, and also including
reasonable attomeys' fees'and costs associated with any appeal or bankruptcy proceeding:
7. AMENDMENT/WAIVER: No extension, change, modification, waiver or amendment
to or of this Grant, or any term, covenant, representation or warmnty contained herein, of any kind
whatsoever, shall be made or claimed by any party unless the same shall be endorsed in writing by all
parties and recorded in the records of Ada County, Idaho.
IN WITNESS WHEREOF, the undersigned have caused this Grant to be executed the day and
year first above written.
Franklin Investor t Co., LLC,
an 5i;;i
ny, _
By ger
S
STATE OFIDAHO }
ss.
County Of . �A )
-��ty� L.Ae,RY UA �I
On this .4l " day of IAS 20I3, before me, the undersigned, a Notary Public in
and for said State of Idaho, person yapp=edPwA444AQsefl, knowfl or identified tonic to be the
manager of Franklin Investment Co, LLC, the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same for and on behalf of said company,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written,
emN0%% I11111111
NOTARY PUBLIC for Idaho too
Residing at. aft) dow
My commission expires:
r�;,° t1LIG
i00P ,°°°
ACCESS EASEMENT GRANT • 2
Exhibit A
Franklin Parcel Legal Description
I
Parcai 2 or Rowldoi Survey-No, 5574 recorded Oclober f7, 2001 as insiniment No. 10110 7 79 5, borng n
portion of L0IS i and 2 .of VAN HEES SUBONISION, situated In the Norlh9asl Quarter of ]he Northeast Quaver
of Section II. TeNmSltip 3 North, Rowe i West,Bolse bieddlan, Ada County, Idaho, as Ned.for racord in the
office of the Ada County Recorder, Boise, Idaho. In Book 12 of Plais at Pago 688, end more paniculady
described as follows:
Commenting at o brass cap markin0lhe Nothuast corner of Socilon 14, township 3 North, Range I West.
Boise Meridian, from which an lion pin monun(onting the Soldli l corner of tho Northeast Ou8der of said
section 14, boars
South 00'33'08' West 2657.42 foes: thence along the easterly boundury of Said Section 14, sold enslony
boundary also-bein0 rho csntrap ofLindat Riled
South 00'33'OB" WeSI 206.00 foot to a.VOW; glance leaving sold baundory and cenlammll
North 89"13'IT West 425,06 feel to on iron pun on thu southerly boundnry of wid Lot 2, sold iron pin being the
POINT OF BEGINNING; thence continuing
North 80'13"Ir West V,%.47 foot to an iron pin being the Southwest comoraf snkl rol is thence along the
V'ealody boundary of said Lot 1
Nt14h f10'33AX EaS1251 .00 foot o nn In" aln on tho Sovlhoriy right-eMvay of Franklin Road: Ihonw NO00 Baru
soulha[ly righFol,way
South 691131 7` East 239.35 foot to on Iron pin; thence leaving Said Bghtmksay
South 00432'09' Wold 251 .00 foot to the POINT OF BEGINNING
ACCUSS liAtiliAiliN"f Atlltl:j A&JL d'1' - d
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Exhibit B
Roam Parcel Legal Description
i
I
Lot 6 of VAN REPS SUBDIVISION, according to the official plat
thOreof, filed in. Book 12 of Plats at Page 666 , Official Records
of Ada County, Idaho .
ALSO :
A strip of land 1ZO . 0 foot vide in the Scat half of the Northeast
Quarter of the northeast Quarter of Section 14 , Township 3 North,
Range A Wast , Boise € aridian, Ada County Idaho , along Ten Stile
Drain , Boise Project Idaho , said strip being 60 fast Vida on each
side of the following dawcribed centorline:
Beginning at a point 665 . 0 feet
South 09 " 54v Pest 694 . o feet
North OV19 ' Want or the Southwest Corner of the Northeast. Quarter
of the Vgrthoast Qua_r�er of Unction 14 , Township 3 North., Range 1
West , Boise ffortdian , Ada County , Idaho ; thence North 74040 ' East
607 . 9 feat; thence to the right along an arc of 19140 feat , radius
76 . 4 foot measured on Fifty foot chords to a point 469 . 4 feet South
00030 East of the Northeast corner of said Section 14 .
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ACCESS 1'.ASf:MENTAGRflrMENI' . 5
L.Adbit C
Franklin Parcel and Roam Parcel Depiction
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