Recorded Cross Access Easement 2021-051962RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
ADA COUNTY RECORDER Phil McGrane
901SE IDAHO Pgs=8 HEATHER LUTHER 202 1 10:03 62
04/01/2021 0:03 KM ENGINEERING AM
AMOUNT.$31.00
00964890202100519620080082
(.Space Above For Recorder's Use)
DECLARATION OF ACCESS EASEMENT
L
This Declaration of Access Easement (`'Declaration') is made effective this day of
NlgreAv , 2021, Daniel Eisenring ("Grantor''), the owner of the property at 2810 E. Franklin
Rd., Meridian, ID 83642, and Ian Atkinson ("Grantee"), the owner of the property at 2770 E.
Franklin Rd., Meridian, ID 83642. The Grantor and Grantee may be collectively referred to as
the Parties.
RECITALS:
A. Grantor is the owner of certain real property at 2810 E. Franklin Rd., Meridian, ID 83642
that is presently being developed ("Property"); and
B. Consistent with the requirements of the City of Meridian, Idaho, Grantor desires to grant an
easement over a portion of its Property affording the adjoining property at 2770 E. Franklin
Rd., Meridian, ID 83642 (`Bencfitted Parcel") access to and from Franklin Road, a public
highway as defined in Idaho Code § 49-109(H)(4); and
C. Access across Bene6tted Parcel may not be possible or feasible in light of the fact that the
the Benefitted Parcel may be redeveloped in a future subdivision phase and the Benefitted
Parcel would require direct access to Franklin Road; and
D. The Grantor agrees to provide access rights consistent with this Declaration in the future,
over that portion of the 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.
Declaration of Access Easement
Daniel Eisenring
Paae 1
E. Grantee acknowledges and consents to utilize the Easement to directly access Franklin Road
and abandon his current access in order to allow the future development of the Benefitted
Parcel.
WITNESSETH:
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 Property
owned by Grantor situated in Ada County, Idaho.
This grant is made on the following terms and conditions:
1. Recitals. The parties hereto repeat herein by this reference Paragraphs "A" through "B"
above, inclusive, as if said Paragraphs were set forth in full.
2. Grant. 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 Franklin Road in the location described in "Exhibit A" and depicted in
"Exhibit B". This grant is hereby expressly limited by the following:
2.1 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.
2.2 The 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 permanently interfere with the free and unimpeded flow
of vehicular and pedestrian traffic between the Benefitted Parcel and Franklin 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 Benefitted 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 § 55-313 to relocate
access provided by the Easement.
3. Condition Precedent to Grant of Easement. The Grant of Easement by Grantor
contained in Section 2 above, is expressly conditioned upon the occurrence of the following
events, (collectively the "Condition Precedent"):
3.1 Grantor has platted or redeveloped the Property subject to the Easement adjacent
to the Benefitted parcel; and
3.2 The owner of the Benefitted Parcel has redeveloped the Benefitted Parcel in such
a manner that the City of Meridian and the Ada County Highway District have modified the
existing access of the Benefitted Parcel to Franklin Road necessitating utilization of the
Easement, and thus abandoning the access currently utilized by Grantee to access Franklin Road.
Declaration of Access Easement
Daniel Eisenring
Page 2
Each and every right or obligation contained in this Declaration is contingent on the
occurrence of the Condition Precedent in this Section 3.
4. No Public Rights. Nothing contained herein shall, or shall be deemed to, constitute a
gift or dedication of any portion of the Easement or property interest therein to the general public
for the benefit of the 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 created by this Declaration from being dedicated or taken for public use
or benefit.
5. Binding on Successors. The Easement created hereby and the vacation of any
previously existing easements shall be recorded in the official records of Ada County, Idaho and
shall be binding on the heirs, successors, administrators, executors and assigns of all parties
hereto and shall run with the land.
6. Indemnification.
6.1 The Grantee agrees to indemnify, defend and hold the Grantor, and its successors,
assigns, and agents harmless from any and all claims, liability, losses, costs, charges, or expense
that arise from their respective use or use by their respective customers, agents, invitees, or
representatives of the Easement.
6.2 Any 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 of any kinds
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.
7. 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 the availability of injunctive relief. In
any suit, action or appeal therefrom to enforce or interpret this Declaration, the prevailing party
shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees and
disbursements.
8. Relocation Reservation. The Easement created hereby is being granted prior to the
development of the Grantor's and Grantee's Property. The Grantor and Grantee have no
obligation to make improvements upon their respective properties for the Easement. Grantor
hereby reserves the right to relocate the Easement either before or after the development of the
Grantor's Property, upon thirty days' prior written notice to Grantee. The parties then agree to
execute, deliver and record an amendment to this document to evidence the relocation.
9. Easement Obstructions. No fence or other barrier shall be erected or permitted within
or across the Easement which would prevent or obstruct the passage of pedestrian or vehicular
travel; provided, however, that the foregoing shall not prohibit (i) the temporary erection of
barricades which are reasonably necessary for security and/or safety purposes in connection with
the construction, reconstruction, repair and maintenance of improvements on the Property it
Declaration of Access Easement
Daniel Eisenring
Page 3
being agreed by the parties however, that all such work shall be conducted in the most
expeditious manner reasonably possible to minimize the interference with the use of the
Easement by Grantee, and such work shall be diligently prosecuted to completion, or (ii) the
construction of limited curbing or other forms of traffic controls along the outer perimeter of the
Easement.
Grantor reserves the right to close off the Easement for such reasonable period of time as
may be legally necessary to prevent the acquisition of prescriptive rights by anyone; provided,
however, that prior to taking such action, the parties shall give written notice to the other of its
intention to do so, and to the extent reasonably possible, the parties shall coordinate such closing
so that the interruption in the use and enjoyment of the Easement are kept to a minimum.
10. Notices. All notices, demands and requests required or desired to be given under this
Declaration must be in writing and shall be deemed to have been given as of the date such
writing is (i) delivered to the party intended, (ii) delivered to the then current address of the party
intended, or (iii) rejected at the then current address of the party intended, provided such writing
was sent prepaid. The initial address of the Parties is:
Grantor: Daniel Eisenring
2810 E. Franklin Rd.
Merididan, ID 83642
Grantee: Ian Atkinson
PO Box 1180
Meridian, ID 83680
Upon at least ten (10) days' prior written notice, each party shall have the right to change
its address to any other address within the United States of America.
11. Dedications. Grantor reserves unto itself, its successors and assigns, the right to dedicate
the Easement as a public highway at any time at its sole election. Upon any such dedication all
private rights of Grantor or Grantee therein shall automatically terminate and expire. Until and
unless an express dedication is made of the Easement, no use hereunder shall be deemed to
constitute the Easement as a public way or a quasi -public way, but to the contrary the Easement
shall constitute and remain a private street, as defined by Meridian City Code § 8-2-3. No
dedication shall, however, be made of the respective Easement unless:
11.1 Such Easement is accepted by the public entity for maintenance as a public street
or drive, i.e. the Ada County Highway District; and
11.2 The dedication does not preclude or prevent the continued use by Grantor or
Grantee, as the case may be, of the entrance to and exit from the Easement being used incident to
the Grantor's or Grantee's Property.
Declaration of Access Easement
Daniel Eisenring
Page 4
IN WITNESS WHEREOF, the undersigned have caused this Declaration to be executed
the day and year first written above.
GRANTOR:
G
Daniel Eisenring
STATE OF IDAHO )
ss.
County of
On this _JV day of 2021, before me, U ul�►��wl &W UVY a
notary public in and for the state of Idaho, personally appeared Daniel Eisenring, who proved to
me on the basis of satisfactory evidence to be the person whose name is subscribed to the within
and foregoing instrument, and acknowledged to me that he executed the same.
E
HELHOWARD
LIC - STATE OF IDAHO
ION NUMBER 68937
ON EXPIRES li-29-2022
Declaration of Access Easement
Daniel Eisenring
Page 5
UWftffik&A1-j
Notary Public
Residing at Idaho
My Commission Expires:
km
I =I 51 El MR 150 9233 WEST STATE STREET I BOISE, ID 83714 1 208.639.6939 1 FAX 208.639.6930
March 11, 2021
Project No. 20-113
Cross Access Easement
Legal Description
Exhibit A
A parcel of land situated in a portion of the South 1/2 of the Southeast 1/4 of Section 8, Township 3
North, Range 1 East, B.ivl., City of Meridian, Ada County, Idaho and being more particularly described as
follows:
Commencing at a found brass cap marking the Southeast corner of said Section 8, which bears
S89°54'35"E a distance of 2,571.03 feet from a found brass cap marking the South 1/4 corner of said
Section 8;
Thence following the southerly line of said Southeast 1/4, N89°54'35"W a distance of 1,258.19 feet;
Thence leaving said southerly line, N00'05'25"E a distance of 40.00 feet to the northerly right-of-way
line of E. Franklin Rd. and being the POINT OF BEGINNING.
Thence following said northerly right-of-way line, N89°54'35"W a distance of 23.19 feet;
Thence leaving said northerly right-of-way line, N30"19'47"W a distance of 32.57 feet;
Thence N06°40'30"W a distance of 27.82 feet;
Thence N89°47'22"W a distance of 21.87 feet to the westerly boundary line of a parcel of land as
described in that certain Warranty Deed per Inst. No. 2020-078579;
Thence following said westerly boundary line, N00°12'38"E a distance of 20.00 feet;
Thence leaving said westerly boundary line, 589°47'22"E a distance of 39.60 feet;
Thence S06°40'30"E a distance of 41.36 feet;
Thence S30°19'47"E a distance of 40.13 feet to the POINT OF BEGINNING.
Said parcel contains 2,033 square feet, more or less, and is subject to all existing easements and/or
rights -of -way of record or implied.
All subdivisions, deeds, records of surveys, and other instruments of record referenced herein are recorded
documents of the county in which these described lands are situated in.
Attached hereto is Exhibit B and by this reference is hereby made a part of.
ENGINEERS I SURVEYORS I PLANNERS
a
LEGEND
FOUND BRASS CAP
0 CALCULATED POINT
PROPERTY BOUNDARY LINE
SECTION LINE
ADJACENT BOUNDARY LINE
SURVEY TIE LINE
— — — — — — — — PROPOSED EASEMENT LINE
A S89.47'22"E
cOl 0 39.60'
N
0
� N
O
N89.47'22"W
21.87'
N06•40'30' w _/}
27.82'
\gNpL LANDS
macj ,��C E N S£� GAG
a 6662
qTF , OF �OQ�
�F<< Y KEHR�'�
W.D. INST. No. 2020-078579
•w
N89.54'35'W 0I N
23.19' o `l)
FOUND BRASS CAP -rl0
S. 1 /4 CORNER SECTION 8 0
z
_ — — 1312.84' — 1258.19' —
17 S89.54'35"E 2571.03'
BASIS OF BEARINGS
E. Franklin Road
c
E N G I N E E R I N G
9233 VW EST STATE STREET
BOISE, IDAHO 33714
PHONE (208) 539-6939
I:menyllp.com
DATE: 3/11/21
PROJECT: 20-113
SHEET:
1 OF 1
0
POINT OF COMMENCEMENT
FOUND BRASS CAP
SE CORNER SECTION 8
— � 8 11
17 I 16
0 30 .0 •0
Will
'^ I
Exhibit B
Cross Access Easement
Situated in a portion of the South 1/2 of the Southeast 1/4 of Section 8,
Township 3 North, Range 1 East, B.M., City of Meridian, Ada County, Idaho.
23.19
Title:20-113 Cross Access Closure Date: 03-11-2021
Scale: 1 inch = 20 feet I File:
Tract 1: 0.047 Acres: 2033 Sq Feet: Closure = n65.0709w 0.01 Feet: Precision=1/45878: Perimeter = 247 Feet
001=n89.5435w 23.19 004=n89.4722w 21.87 007=s06.4030e 41.36
002=00.1947w 32.57 005=n00.1238e 20.00 008=00.1947e 40.13
003=n06.4030w 27.82 006=s89.4722e 39.60