Victory Commons Cross Access Easement (2021-030015) Item#3.
ADA COUNTY RECORDER Phil McGrane 2021-030015
BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 02/24/2021 01:42 PM
CITY OF MERIDIAN, IDAHO NO FEE
Recording Requested By and
When Recorded Return to:
Geoffrey M. Wardle
Clark Wardle LLP
P.O. Box 639
Boise, Idaho 83701
SPACE ABOVE T-HIS LINE FOR RECORDER'S USE ONLY
DECLARATION OF ACCESS EASEMENT
This Declaration of Access Easement ("Declaration") is made this 23rd day of
February , 2021, by KUNA VICTORY, LLC, an Idaho limited liability company,
(hereinafter"Grantor") on the terms and conditions set forth herein.
RECITALS
WHEREAS, Grantor is the owner of certain real property in Meridian, Idaho that it is
presently developing ("Property"); and
WHEREAS, consistent with the requirements of the City of Meridian, Grantor desires to
grant an easement over a portion of its Property affording the adjoining property described in
Exhibit "C" ("Benefited Parcel") access to and from Victory Road; and
WHEREAS, access across Grantor's Property is not possible or feasible in light of the fact
that the portion of the Grantor's Property will be redeveloped in a future subdivision phase and
the Benefited Property currently possesses direct access onto Victory Road; and
WHEREAS, the Grantor agrees to provide access rights consistent with this Declaration
in the future, over that portion of the Grantor's Property that is described in Exhibit "A" and
depicted in Exhibit "B", subject to the condition precedent set forth below, and the reservation of
rights afforded herein.
WITINESSETH
For the uses and on the terms and conditions hereinafter set forth and subject to the
conditions and limitations set forth herein, Grantor does hereby grant, convey and confirm an
easement pursuant to the terms of this Declaration under, over, through and across the Property
owned by Grantor situated in Ada County, Idaho.
This grant is made on the following terms and conditions:
DECLARATION T -
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1. GRANT OF EASEMENT. Subject to the conditions and limitations below, Grantor
grants, conveys, and confirms a perpetual, non-exclusive easement for ingress and egress
("Easement")to and from the Benefited Parcel to Victory Road in the location described in Exhibit
"A" and depicted in Exhibit "B". This Declaration is hereby expressly limited by the following:
(a) Consistent with the non-exclusive nature of the Easement, Grantor
reserves the right to place additional improvements within the Easement, to grant additional
easements and rights of way.
(b) T ne Easement may be relocated from time to time by Grantor in its
development of its Property. Grantor reserves the right, from time to time, to relocate and to
reconfigure all or a portion of the Easement at Grantor's sole cost and expense, provided
however, that such relocation and reconfiguration shall not (a permanently interfere with the free
and unimpeded flow of vehicular and pedestrian traffic between the Benefited Parcel and Victory
Road beyond the specific time reasonably required to accomplish any such relocation and
reconfiguration. In exercising such reserved right, Grantor shall deliver written notice detailing
such relocation and reconfiguration to the owner of the Benefited Parcel no later than thirty (30)
days prior to commencing such relocation and reconfiguration. The relocation right contemplated
in this Section is in addition to all rights that Grantor possesses under Idaho Code Section 55-313
to relocate access provided by the Easement.
2. CONDITION PRECEDENT TO GRANT OF EASEMENT. The Declaration of
Easement by Grantor in Section 1 above, is expressly conditioned upon the occurrence of the
following events, (collectively the "Condition Precedent'):
(a) Grantor has platted or redeveloped the Property subject to the Easement
adjacent to the Benefited Parcel; and
(b) The owner of the Benefited Parcel has redeveloped the Benefited Parcel
in such a manner that the City of Meridian and the Ada County Highway District have modified
the existing access of the Benefited Parcel to Victory Road necessitating utilization of the
Easement.
Each and every right or obligation contained in this Declaration of Easement is contingent
upon the occurrence of the Condition Precedent contained in this Section 2.
3. NO PUBLIC RIGHTS. Nothing contained herein shall, or shall be deemed to,
constitute a gift or dedication of any portion of the Easement the general public for the benefit of
the general public or for any public purpose whatsoever. Grantor shall be permitted, from time to
time, to take whatever reasonable action it may deem necessary to prevent any portion of the
Easement encumbered by this Declaration from being dedicated or taken for public use or benefit.
4. INDEMNIFICATION. Any person or party utilizing the Easement shall indemnify,
defend, protect and hold harmless Grantor, its successors and assigns, for, from and against any
and all liabilities, claims, damages, expenses (including, without limitation, reasonable attorneys'
fees and reasonable attorneys'fees on any appeal),judgments, proceedings and causes of action
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of any kind whatsoever resulting from the exercise of the rights granted herein and/or the use of
the Easement, except to the extent caused by Grantor or Grantor's agents, employees,
contractors, or licensees.
5. BINDING EFFECT. This Declaration, and the covenants and agreements herein
contained, shall run with the land and, during the entire term hereof, shall be binding upon Grantor
and its successors and assigns.
6. GOVERNING LAW. This Declaration herein granted shall be governed by,
construed and enforced in accordance with the laws of the State of Idaho. This Declaration shall
be recorded in Ada County, Idaho.
IN WITNESS WHEREOF, this Declaration has been duly executed by and on behalf of
Grantor, the day, month and year herein first above written.
SIGNATURE ON FOLLOWING PAGE
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GRANTOR:
KUNA VICTORY, LLC
an Idaho limited liability company
By: BV Management Services, Inc., an
Idaho corporation, the Manager
r
By:
Cortn Liddiard, Pregident
State of Idaho )
) SS.
County of Bonneville )
On this day of January, 2021, before me,
r5 r&A'Al Luxe— , a Notary Public in and for said State, personally
appeared Cortney Liddiard, known or identified to me to be the President of BV
Management Services, Inc., the Manager of Kuna Victory, LLC, who subscribed said
company name to the foregoing instrument, and acknowledged to me that he executed
the within instrument 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.
X � :1
BRANDI LOVE Notary Public for '5..J OAa
COMMISSION NO. 37525 Residing at
NOTARY PUBLIC -
STATE OF IDAHO
[MY COMMISSION EXPIRES 0411z 6
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2775 W.Navigator Drive,Suite 210 Idaho Office
Meridian,Idaho 83642 H O RR O C K S Tel: 208.895.2520
www.horrocks.com
11111
E N G I N E E R S
Date: December 23, 2020
Project: ID-1402-1810
Page: 1 of I
EXHIBIT A
CROSS ACCESS EASEMENT
This easement is situated in Government Lot 4 of Section 19, Township 3 north, Range I
East, Boise Meridian, City of Meridian, Ada County, Idaho, being a portion of Parcel A
of Record of Survey Property Boundary Adjustment No. 12,282, Instrument no. 2020-
042373, Records of Ada county, Idaho, more particularly described as follows:
COMMENCING at the southwest corner of said Government Lot 4, from which the
northwest corner of said Government Lot 4 bears N.00°38'36"E., 1330.30 feet; thence
along the south boundary of said Lot 4,
1) N.89°42'17"E., 1130.45 feet to the southeast corner of said Government Lot 4;
thence along the east boundary of said Government Lot 4;
2) N.00°29'09"E., 48.00 feet to the southwest corner of Lot 1 Block 2 of the
Observation Point Subdivision, Instrument no. 102063319, Records of Ada
county, thence along the west boundary of said Lot 1;
3) N.00°29'09"E., 20.00 feet to southwest corner of Lot 2 Block 2 of said
Observation Point Subdivision and the POINT OF BEGINNING, thence;
4) S.89°42'17"W., 395.02 feet, thence;
5) S.00°17'43"E., 20.00 feet to a point on the south boundary of said Record of
Survey Property Boundary Adjustment no. 12,282, thence along said south
boundary;
6) S.89°42'17"W., 30.00 feet, thence leaving said south boundary;
7) N.00°17'43"W., 40.00 feet, thence;
8) N.89.42'17"E., 425.29 feet to a point on the west boundary of said Lot 2, thence
along said west boundary;
9) S.00°29'09"W., 20.00 feet to the POINT OF BEGINNING.
H:/ID 1402 Victory Commons/Project Data/04 Survey/4.02 Descriptions and Exhibits\PLATTING
EASEMENTS\CROSS ACCESS TO OBSERVATION POINT Page 67
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H:U2018\10-1402-1810 Victory Commons\Project Data\04 Survey\4.02 Descriptions and Exhiblt0D-1402 VICTORY COMMONS EASEMENT EXHIBITS.dwg Ron Wright 12/24/2020 8:36 AM
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EXHIBIT "C"
Description of Benefited Parcel
Lot 2, BIOCK 2 Ubservation Point Subdivision as depicted on the Plat thereof, recorded
in Bok 89 of Plats at Pages 9276-9278 on June 4, 2020 in the Official Records of Ada
County, Instrument NO. 102063319.
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