TM Crossing Emergency Access Easement Agreement (2020-091677) ADA COUNTY RECORDER Phil McGrane 2020-091677
BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 07/22/2020 01:13 PM
CITY OF MERIDIAN, IDAHO NO FEE
ACCESSEMERGENCY T AGREEMENT
IS AGREEMENT made this 21st day ,of'.. July.�_.�. 2 20 between BVASB Ten
Mile LaSalle Building,LLC,an Idaho limited liability company, 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 foremergency 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 ht 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.Into panting of vehicles within the easement
area shall be permitted.THE GRANTORhereby 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 am described for
this easement,which would interfere with the use of said easement, for the purposes stated herein
IT IS EXPRESSLY UNDERSTOOD AIIT AGREED, by and between the parties hereto,that
the Grantor shall repair and maintain the access roadway improvements.
EMERGENCY ACCESS EASEMENT,PAGE t 2/14/2020
Meridian City Council Meeting Agenda July 21,2020— Page 169 of 590
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 tight 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 : BVASB TEN MILE LASALLE BUILDING, LLC
an Idaho limited liability company
By its Executive Managers
BV Management Services, Inc., an Idaho corporation
By:
Cortney Liddiard, Pr dent
Brighton Corporation, an Idaho corporation
By: -- - —if
Robert L. Phillips, President
STATE OF IDAHO )
. Ss.
County of Ft�nghlMi! )
On this j day of June 2020, before me, the undersigned notary public in and for said State,personally
appeared LoAk" lladtadnown or identified to me to be the President of
the Executive Manager of BVASB Ten Mile LaSalle Building LLC, and acknowledged to me that such corporation
executed the same on behalf of the limited liability company.
gRq,jO LOVE _ mnr�L�. s-;—
t;pMt+M'SSION tJO.37925
NU IARY PUBLIC Notary Public
STATE OF tDAHO M commission expires
►tiAY COMMkSSION�(pIRES D4112121B y p
EMERGENCY ACCESS LASEMEN`i', PAGE:2 02/14/2020
Meridian City Council Meeting Agenda July 21,2020— Page 170 of 590
STATE OF IDAHO }
:ss.
COUNTY OFLL8�-
On }
this 6th clay of July, 2020, before me, the undersigned, a notary public in and for said State,
personally appeared nb--Yf L Pk,'(( ps known or identified to me to be the President of
the Executive Manager of BVASB Ten Mile Phase 2 Building LLC, and acknowledged me that
such corporation and limited liability company 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.
r
Notary Public for aY
SHARI VAUGHAN My commission expires:
Notary Public-State of Idaho
Commission Number 20181002
My Commission Expires Jun 1, 2024
Meridian City Council Meeting Agenda July 21,2020— Page 171 of 590
GRANTEE: CITY OF MERIDIAN
Robert E. Simison,Mayor
Attest by Chris Joluison,City Clerk
STATE OF IDAHO, )
) ss.
County of Ada )
This record was acknowledged before me on 7-21-2022 (date) by Robert E. Simison and Chris
Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively.
Notary Signature
My Commission Expires: 3-28-2022
EMERGENCY ACCESS EASEMENT,PAGE 3 02/14/2020
Meridian City Council Meeting Agenda July 21,2020— Page 172 of 590
kin
9233 WEST STATE STREET I 8O1SE, ID 83714 1 208.639.6939 1 FAX 208.639.6930
May 7,2020
Project No.18-160
Emergency Vehicle Ingress and Egress Easement
Legal Description
Exhibit A
A parcel of land for an Emergency Vehicle Ingress and Egress Easement,situated in a portion of the Northeast
1/4 of the Southwest 1/4 of Section 14,Township 3 North, Range 1 West,B.M.,City of Meridian,Ada County,
Idaho and being more particularly described as follows:
Commencing at a found aluminum cap marking the West 1/4 corner of said Section 14,which bears
N89°11'30"W a distance of 2,656.47 feet from a found aluminum cap marking the Center 1/4 corner of said
Section 14,thence following the northerly line of the Southwest 1/4 of said Section 14,S89°11'30"E a
distance of 2,458.16 feet;
Thence leaving said northerly line,500°48'30"W a distance of 857.91 feet to the POINT OF BEGINNING.
Thence 20.04 feet along the arc of a circular curve to the left,said curve having a radius of 237.50 feet,a
delta angle o€04°50'07",a chord bearing of N68"06'31"E and a chord distance of 20.04 feet;
Thence 64.89 feet along the arc of a circular curve to the left,said curve having a radius of 32.00 feet,a delta
angle of 116°10'42",a chord bearing of S84"24'44"E and a chord distance of 54.33 feet;
Thence 46.60 feet along the arc of a reverse circular curve to the right,said curve having a radius of 48,00
feet,a delta angle of 58'00'53",a chord bearing of N66"30'21"E and a chord distance of 46.55 feet;
Thence S84'29'12"E a distance of 86.75 feet to the easterly line of said Southwest 1/4;
Thence following said easterly line,S00"35'29"W a distance of 20.07 feet;
Thence leaving said easterly line,N84'29'12"W a distance of 88.47 feet;
Thence 28.35 feet along the arc of a circular curve to the left,said curve having a radius of 28.00.feet,a delta
angle of 58"00'53",a chord bearing of S66°30'21"W and a chord distance of 27.16 feet;
Thence 106.99 feet along the arc of a reverse circular curve to the right,said curve having a radius of 52.00
feet,a delta angle of 117°53'04",a chord bearing of N83'33'33"W and a chord distance of 89.09 feet to the
POINT OF BEGINNING.
Said parcel contains a total of 4,237 square feet, more or less,and is subject to all existing easements and/or
rights-of-way of record or implied.
Attached hereto is Exhibit B and by this reference is hereby made a part of.
All subdivisions,deeds,record of surveys,and other instruments of record referenced herein are recorded
documents of the county in which these described lands are situated in.
t1 L LAND
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ENGINEERS SURVEYORS PLANNERS
Meridian City Council Meeting Agenda July 21,2020— Page 173 of 590
BASIS OF BEARING 15 S8 CENTER 14 9'T1'30"E 2656,47' / CORNER
p — —245B.18' — � SECTION 14
'Iy� � 198.31'
-6 14
Cu I POINT OF COMMENCEMENT
WEST 1/4 CORNER
SECTION 14
a I Proposed o
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E CURVE TABLE
LINE TABLE
CURVE RADIUS LENGTH DELTA CHARD SRG CHORD
$ LINE BEARING DISTANCE C1 237.50' 20.04' 4'50'07" N68'06'31"E 20.04'
L1 S84'29'12"E 86.75 C2 32.00' 64.89' 116'10'42" S84'24'44"E 54.33'
x L2 S0'35'29"W 20.07 C3 48.00' 48.60' 58'00'53" N66'30'21"E 46.55'
L3 NW29.12-W 88.47 C4 28.00' 28.35' 58'00'53" S66'30'21"W 27.16'
0
6 C5 52.00' 106.99' 117'53'04" N83'33'33"W 89.09'
0
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3 ® FOUND ALUMINUM CAP
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0 CALCULATED POINT
a
BOUNDARY LINE
z kml0 40 80 160 ADJACENT BOUNDARY LINE
" --- — — —SECTION LINE
z ENGINEERS.SURVEYORS.PLANNERS Plon Scale —--——————EASEMENT LINE
9233 WEST STATE STREET —SURVEY TIE LINE
V 801S£,IDAHO83724
W PHONE(2081639.6939 FAX(208)639-6930 Exhibit B
Emergency Vehicle Ingress and Egress Easement
y DATE: MaV7,21320
2 PROJECT: 18-160
SHEET: Proposed TM Crossing Subdivision No. 4
1 OF 1 NE 1/4 Of The SW 1/4 Sec. 14,T.3N., R.1W., B.M.,City of Meridian, Ada County, ID
Meridian City Council Meeting Agenda July 21,2020- Page 174 of 590
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n84.29,t i-
98.47
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Title: Date; 05-07-2020
Scale: 1 inch =50 feet Pile:
Tract 1: 0.097 Acres: 4237 Sq Feet:Closure=s33.1636%v 0.00 Feet: Precisiatt=If100613; Pcrimeler=464 Fear
00I:U.R-237M.IMu-0.50a7 007:Lt.R-28-M tkha-.59.0 53
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Meridian City Council Meeting Agenda July 21,2020— Page 175 of 590