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Edington Fire Access Easement Agreement (2021-085892) Item#5. ADA COUNTY RECORDER Phil McGrane 2021-085892 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 06/02/2021 11:15 AM CITY OF MERIDIAN, IDAHO NO FEE EMERGENCY ACCESS EASEMENT AGREEMENT TH E.MENT made this 1 st day of June , 20 21 ,between 9 Land LLC ,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 for emergency 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 80,000 GVW; TO HAVE AND 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. No parking of vehicles within the easement area shall be permitted. THE GRANTOR hereby 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 area described for this easement,which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall repair and maintain the access roadway improvements. EMERGENCY ACCESS EASEMENT,PAGE 1 02/14/202 F�age Item#5. 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 right 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 C4 Land LLC A A P I / Jim Conger, e er STATE OF IDAHO ) )ss County of Ada ) This record was acknowledged before me on 5-/3-tvz! (date)by -Jin t. Comae., ,on behalf of k&scd.&L4 , in the following representative capacity: � �� (type of authority such as officer or trustee) �,r1NE Jp�'••. Awl N AOTAR}. '� ' PIA30C Notary Signature •� • ' N•.• a My Commission Expires: w ' EMERGENCY ACCESS EASEMENT,PAGE 2 02/14/2020 Page 115 h�� Item#5. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 6-1-2021 Attest by Chris Johnson, City Clerk 6-1-2021 STATE OF IDAHO, ) ) ss. County of Ada ) This record was acknowledged before me on 6-1-2021 (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 02/14/202 Page 116 Item#5. ASawtooth Land Surveying, LLC r,�/ 2030 S. Washington Ave. 1 044 Northwest Blvd., Ste. G 14 1 1�`Avenue East �Al/l/TOQr Emmett, ID 836 17 Coeur d'Alene, ID 53614 Jerome, ID 83338 P: (208) 398-81 04 P: (208) 714-4544 P: (208) 329-5303 F: (208) 398-81 05 F: (208) 292-4453 F: (208) 324-382 1 Off-Site Fire Access Legal Description A 20.00 foot wide easement located in the W1/2 SW1/4 SW1/4 of Section 36,Township 4 North, Range 1 West of the Boise Meridian,Ada County, Idaho, more particularly described as follows: COMMENCING at the southwest corner of said Section 36, from which the W1/4 corner of said Section 36, bears North 00114'51"East, 2637.56 feet; Thence North 00114'51"East, coincident with the west line of the SW1/4 SW1/4 of said Section 36, a distance of 332.44 feet; Thence South 89045'09"East, perpendicular to said west line, 48.00 feet to the easterly right of way line of N. Linder Road and the POINT OF BEGINNING; Thence North 00014'51"East, coincident with said easterly right of way line, 20.00 feet; Thence South 89045'09"East, perpendicular to said west line, 115.00 feet to the beginning of a tangent curve to the left; Thence northeasterly, 43.98 feet along the arc of said curve to the left, having a radius of 28.00 feet, a central angle of 90000'00", and subtended by a chord bearing North 4511451"East, 39.60 feet; Thence North 00014'51"East, parallel with said easterly right of way line, 248.00 feet; Thence South 89045'09"East, perpendicular to said west line, 20.00 feet; Thence South 00014'51"West, parallel with said easterly right of way line, 248.00 feet to the beginning of a tangent curve to the right; Thence southwesterly, 75.40 feet along the arc of said curve to the right, having a radius of 48.00 feet, a central angle of 90100'00", and subtended by a chord bearing South 45114'51"West, 67.88 feet; Thence North 89045'09"West, perpendicular to said west line, 115.00 feet to the POINT OF BEGINNING. The above described easement contains 8,454 square feet or 0.194 acres, more or less. BASIS OF BEARING for this description is North 00114'51"East, between the southwest corner and the W1/4 corner of Section 36,Township 4 North, Range 1 West of the Boise Meridian. ! 10561 �y,sln�z� OF M. B P:\2019\19292-EDINGTON SUBDIVISION -CMG\Survey\Drawings\Descriptions\19292-Off Site Fire Access Legal.docx 11 Page 117 Item#5. 35 36 W114 CORNER W112 SWI14 SWI14 SECTION 36 SECTION 36 PLS 14221 T. 4 N., R 1 W., B.M, COR.REC.2019-092669 n ai i S1/16 CORNER SECTION 36 PLS 14221 COR.REC.2019-092670 S 89045'09"E NTS 20.00' 4r i r I 0 0 N N m W 00 o $ Z tn M N W w oNpl LqN� �° ENs L "- 10561 6 N 00°14'51"E G1 qrE OF 10A� 20.00' S 89045'09"E 115.00' �j r\�� 7T/7-/7T/78,454 SQ.FT.10.194 AC.S 89°45'09"E89045'09"W 115.00' 48.00' N POINT OF M BEGINNING CURVE TABLE CURVE ARC LENGTH I RADIUS I DELTA ANGLE I CHORD BEARING I CHORD LENGTH Cl 43.98' 26.00' 90°00'00" 1 N45°14'51"E 39.60' SDUTHWEST CORNER I C2 75.40' 48.00' 90000'00" S 45°1451"W 67.88' PLS 5291 35 36 COR.REC. 109109699 ——_ W. USTICK RD. 1 1 2 --- PROJECT. OWNERIDEVELOPER: 2030 S. WASHINGTON AVE. DWG# FIRE ACCESS EASEMENT EXHIBIT EMMETT, ID 83617 19292-EX CONGER GROUP EDINGTON COMMONS NO. 1 P: (208)398-8104 PROJECT# "CITY OF MERIDIAN,ADA COUNTY �j���OOT" F. (208)398-8105 19292 IDAHO J SHEET DATE' S/2021 Lons 5urueyi LLG WWW SAWTOOTHLS.COM I Page 118