PZ - Emergency Access Easement ADA COUNTY RECORDER Phil McGrane 2020 . 063349
BOISE IDAHO Pgs = 8 VICTORIA BAILEY 05/28/2020 11848 AM
TITLEONE BOISE $ 31600
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AFTER RECORDING MAIL TO ' `
RECO C !
T. Hethe Clark
Clark Wardle LLP R
[ C
P. O . Box 639
Boise, Idaho 83701
EASEMENT AGREEMENT FOR EMERGENCY VEHICLE ACCESS
This Easement Agreement fori Emergency Vehicle Access ( "Agreement" ) is made and entered
into this day of 2020, by Parkland development, LLC, an Idaho limited liability
company whose address is 2463 E. Gala, Suite 120, Meridian , Idaho 83642 (" Parkland " ), and G20 LLC, an
Idaho limited liability company whose address is 601 W . Bannock St. , Boise, Idaho 83702 ( "1320" ) , on
terms and conditions set forth herein .
RECITALS
A . Parkland is the owner of certain real property located in Ada County, Idaho , G20 owns
real property adjacent thereto, which real property is legally described on Exhibit A attached hereto and
incorporated herein by reference (the "G20 Property" ) .
B , G20 seeks access to the G20 Property for purposes of emergency vehicle access.
Parkland desires to grant an easement (the "Easement" ) in that area legally described on Exhibit B
attached hereto and incorporated herein by reference (the "Easement Area " ) , for the express and
limited purpose of permitting emergency access by emergency service vehicles, which Easement shall be
subject to the terms and conditions further set forth below .
AGREEMENT
For and on the terms and conditions hereinafter set forth and subject to the conditions and
limitations set forth herein , the parties agree, as follows .
1 . GRANT AND PUPOSE OF EASEMENT. Subject to the conditions and limitations below,
Parkland hereby grants, conveys, and confirms a permanent perpetual, non -exclusive , non - public
easement to G20 for emergency vehicle access and required maintenance , over and upon the Easement
Area , This Easement is granted solely for use by emergency service vehicles in order to access the G20
Property in the event of emergency and for no other purpose .
2 . SIGNAGE. G20 may, if instructed by a local government having jurisdiction , place and
maintain upon the Easement Area signage reading "No Parking - Emergency Service Vehicles Only. " The
size, shape, color, design , and placement of all signage is subject to Parkland ' s prior written approval
3 . SEWER STUBS. As consideration for the Easement granted in this Agreement, G20
agrees to provide sewer and water utility stub connections with service at the lowest commercially
reasonable depth in or immediately adjacent to the Easement Area .
EASEMENT AGREEMENT FOR EMERGENCY VEHICLE ACCESS ! Page
I
:. AODATIO �
AFTER RECORDING MAIL TO : CORDING /� CCOMMODATION
T . Hethe Clark
R � ACC
OM
Wardle LLP RECORDING
P . O . Box 639
Boise, Idaho 83701
EASEMENT AGREEMENT FOR EMERGENCY VEHICLE ACCESS
This Easement Agreeme t fo Emergency Vehicle Access ( "Agreement" ) is made and entered
into this day ofodd 2020, by Parkland Development, LLC, an Idaho limited liability
company whose address is 2463 E . Gala , Suite 120, Meridian , Idaho 83642 ( " Parkland " ) , and G20 LLC, an
Idaho limited liability company whose address is 601 W . Bannock St . , Boise , Idaho 83702 ( "G20" ) , on
terms and conditions set forth herein .
RECITALS
A . Parkland is the owner of certain real property located in Ada County, Idaho . G20 owns
real property adjacent thereto, which real property is legally described on Exhibit A attached hereto and
incorporated herein by reference ( the "G20 Property" ) .
Be G20 seeks access to the G20 Property for purposes of emergency vehicle access .
Parkland desires to grant an easement (the " Easement" ) in that area legally described on Exhibit B
attached hereto and incorporated herein by reference ( the " Easement Area " ) , for the express and
limited purpose of permitting emergency access by emergency service vehicles , which Easement shall be
subject to the terms and conditions further set forth below .
AGREEMENT
For and on the terms and conditions hereinafter set forth and subject to the conditions and
limitations set forth herein , the parties agree , as follows .
1 . GRANT AND PUPOSE OF EASEMENT . Subject to the conditions and limitations below,
Parkland hereby grants , conveys , and confirms a permanent perpetual, non - exclusive , non -public
easement to G20 for emergency vehicle access and required maintenance , over and upon the Easement
Area . This Easement is granted solely for use by emergency service vehicles in order to access the G20
Property in the event of emergency and for no other purpose .
2 . SIGNAGE . G20 may, if instructed by a local government having jurisdiction , place and
maintain upon the Easement Area signage reading " No Parking - Emergency Service Vehicles Only . " The
size, shape, color, design , and placement of all signage is subject to Parkland ' s prior written approval .
3 . SEWER STUBS . As consideration for the Easement granted in this Agreement, G20
agrees to provide sewer and water utility stub connections with service at the lowest commercially
reasonable depth in or immediately adjacent to the Easement Area .
EASEMENT AGREEMENT FOR EMERGENCY VEHICLE ACCESS — Page 1
4. TERMINATION . This Easement is terminable by written and recorded declaration of the
then -acting Meridian City Fire Marshal stating that the Easement is no longer required for emergency
vehicle access . This Easement shall be automatically terminated without any further action of the
parties in the event the Easement Area is dedicated to public use as a highway or street right- of-way .
5 . NO PUBLIC RIGHTS ; NO PUBLIC DEDICATION . Nothing contained herein shall, or shall
be deemed to, constitute a gift or dedication of any portion of the Easement Area to the general public
for the benefit of the general public or for any public purpose whatsoever, it being the intention that the
provision set forth herein shall be strictly limited to and for the purpose expressed herein . Parkland
shall be permitted , from time to time, to take whatever reasonable action it may deem necessary to
prevent any portion of the Easement Area encumbered by this Easement from being dedication or taken
for public us or benefit .
6 . INDEMNITY. The parties agree to indemnify, defend , and hold the other harmless from
and against any and all liability, claims, damages, expenses ( including reasonable attorneys ' fees,
including on appeal), judgments, proceedings, and causes of action for injury to or death of any person ,
or damage to or destruction of any property resulting from : ( 1 ) the negligent or willful act or omission of
the indemnifying person , its tenants, subtenants, agents, contractors, employees, or permittees ; and ( ii )
arising out of the performance or nonperformance of any of the obligations set forth in this Agreement,
except to the extent caused by the negligent or willful act or omission of the indemnified owner, its
tenants, subtenants, agents, contractors, employees, or permittees .
7 . BINDING EFFECT . This Easement, and the covenants and agreements herein contained,
shall run with the land and, during the entire term hereof, unless and until this Easement is terminated ,
as provided herein , and shall be binding upon and inure to the benefit of the parties hereto, their
successors and assigns, and their respective interests .
8 . GOVERNING LAW . The Easement herein granted shall be governed by, construed and
enforced in accordance with the laws of the State of Idaho . This Agreement shall be recorded in Ada
Country, Idaho .
9 . SEVERABILITY; ENFORCEMENT. 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 . In the event of a breach of any term, covenant, restriction or condition of this
Agreement, the other party ( or parties ) 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 . The prevailing party in
any such action shall be entitled to recovery of its attorneys' fees and costs, including on appeal .
[end of text — signatures on following page]
EASEMENT AGREEMENT FOR EMERGENCY VEHICLE ACCESS — Page 2
IN WITNESS WHEREOF, this Agreement has been duly executed by and on behalf of each of the
respective parties, the day, month and year herein first above written .
PARKLAND : G20, LLC :
PARKLAND DEVELOPMENT, LLC, G20, LLC .
an Idaho limited liability company an Idaho limited liability company
By : t
Its : Its : t/V� ,I_ .Awoft
[notary acknowledgments on following page]
EASEMENT AGREEMENT FOR EMERGENCY VEHICLE ACCESS - Page 3
STATE OF I DAH 0 )
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County of Ada )
On this day of _ V \AA* . 2020, before me, the undersigned , a Notar
y
Public in and for s� AaA �� State, personally appeared (gir" m-Lr )3 Jr 0,c4..... , known or identified to me to
be the W. UWQ Parkland Development, LLC, the limited liability company that executed the
instrument, or a person who executed the instrument on behalf of said limited liability company, and
acknowledged to me that such 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 .
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Notary Public for Idaho
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State of Idaho )
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County of Ada )
On this day of , 2020, before me, the undersigned , a Notary
Public in and for said State, personally appearedLty� Co ►tea e.✓' , known or identified to me to
be the yNr,, �bs.!° of G20, LLC, the limited liability company that executed the instrument, or the
person who executed the instrument on behalf of said limited liability company, and acknowledged to
me that such limited liability company executed the same .
IN WITNESS WHEREOF, I have hereunto set nd and affixed my official seal the day and
year in this certificate first above written .
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EASEMENT AGREEMENT FOR EMERGENCY VEHICLE ACCESS — Page 4
EXHIBIT A
Legal Description of the G20 Property
.,,� LEGAL DESCRIPTION
EO
'<.� THE Exhibit "A"
LAND
GROUP
August 26, 2019
Project No.: 119002
ANNEXATION / REZONE
SKYWARD SUBDIVISION
A parcel of land being the south one half of the northwest one quarter of Section 4, Township 2 North,
Range 1 East, Bolse Meridian, Ada County, Idaho, being more particularly described as follows:
COMMENCING at the Northwest Section corner of said Section 4; Thence on the west section line of
said Section 4, South OV12'S2" West 2352.04 feet, to the North One Sixteenth West corner of said
Section 4 AND the POINT OF BEGINNING :
Thence leaving said west section line, South 89'S2'36° East, 1321.04 feet, on the north line of
the south one half of the northwest one quarter of said Section 4, to the southeast corner of
Gov't Lot 4 of sold Section 4;
Thence continuing on said north line of the south one half of the northwest one quarter of
Section 4, North 89'5626" East 1321.10 feet, to the southeast corner of Government lot 3 of
said Section 4;
Thence on the east line of said south one half of the northwest one quarter of Section 4, South
00'005" West, 1333.72 feet, to the southeast corner (center one quarter corner) of said south
one hatf of the northwest one quarter of Section 4;
Thence on the south One of sold south one half of the northwest one quarter of Section 4, North
89'481V West, 2632.72 feet, to the west one quarter corner of said Section 4;
Thence on west section line of said Section 4, North WU'52" East, 1326,27 feet, to the POINT
OF BEGINNING.
The above described parcel contains 90.462 acres more or less.
PREPARED BY: ,
The Land Group, Ina o
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EASEMENT AGREEMENT FOR EMERGENCY VEHICLE ACCESS - Exhibit A
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EXHIBIT B
Legal Description and Depiction of the Easement Area
SiaMooth Land Surveying , LLC
.ryy f205) 39" 1 04 F : ( 2W) 398-8 I OS
2030 5 . wa5h'~ o3towi Ave . , tmmctt , 'D 63617
December 18, 2019
Skybreak Ingress/Egress Easement Description
BASIS OF BEARING for this description Is South 69048'26" East , between the W1 /4 comer and the
C114 corner of Section 4, both in T. 2 N . , R . 1 E . , B . M. , Ada County, Idaho.
A parcel of land located in the SW114 of Section 4 , T. 2 N. , R. 1 E _ , B . M _ , Ada County, Idaho more
particularly described as follows,
COMMENCING at the W114 corner of said Section 4 ;
Thence South 89048 '26" East , coincident with the north line of said SW1 /4 of Section 4 , a distance of
1182 , 00 feet to the POINT OF BEGINNING ;
Thence continuing South 89D4826" East , coincident with said north line of said SW1 /4 of Section 4 , a
distance of 41 . 00 feel;
' Thence South 0 " 13159" West, 47 .90 feet;
Thence North 89"52'29 " West , 1198. 16 feet to the easterty right of way of Eagle Road ;
Thence North 0025'00" East , coincident with said easterly right of way of Eagle Road , 24 . 00 feet ;
Thonce loaving said easterly right of way of Eagle Rd , South 89 °52 '29' East , 1157 , 08 feet ;
Thence North 0" 13 '5E" East , 23 . 95 feet to the POINT OF BEGINNING .
The above described parcel contains 0 .68 acres more or less,
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EASEMENT AGREEMENT FOR EMERGENCY VEHICLE ACCESS — Exhibit B
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