Delano Subdivision No. 1 Emergency Access Easement Agreement (2021-099362) ADA COUNTY RECORDER Phil McGrane 2021-099362
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 06/30/2021 10:48 AM
CITY OF MERIDIAN, IDAHO NO FEE
EMERGENCY ACCESS EASEMENT AGREEMENT
THIS AGREEMENT made this 29th day of June , 2021 ,between
Challenger Development Inc., 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 02/14/2020 Page 4
THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the j
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 Challenger Development Inc.
I
orey Barton, P si t
STATE OF IDAHO
)ss
County of Ada )
This record was acknowledged before me on56nejtOD�ate)by
11 on behalf o Challenger Development,Inc.,In the following
represen ative capacity: VniAejr (type of authority such as officer or
trustee)
1%AQ1'CpMMlSS1G Notary Signature
C)° XPM g&5-2022 My Commission Expires:ZZ
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EMERGENCY ACCESS EASEMENT,PAGE 2 02/14/2020
Item#1.
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 6-29-2021
Attest by Chris Johnson, City Clerk 6-29-2021
STATE OF IDAHO, )
) ss.
County of Ada )
This record was acknowledged before me on 6-29-2021 (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 02/14/2020 page 6
Item#1.
5awtooth Land 5urveying, LLC
A.
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A,/ 2030 S. Washington Ave. 1 044 Northwest Blvd., Ste. G 4 1 �''` Avenue East
� l roor Emmett, ID 83G 17 Coeur d'Alene, ID 8381 4 Jerome, ID 83338
Cy,nf P: (208) 398-8104 P: (208) 714-4544 F': (208) 329,5303
F: (208) 398-8 1 05 F: (208) 292-4453 : : (208) 324-38?1
Emergency Fire Access Legal Description
BASIS OF BEARING for this description is North 00101'00"West, from a brass cap marking the
southeast corner of Section 32 and the brass cap marking the E1/4 Corner of Section 32, both in T. 4
N., R. 1 E., B.M., Ada County, Idaho.
An easement being located in the N1/2 of the SE1/4 of Section 32, T. 4 N., R. 1 E., B.M., Ada County,
Idaho, more particularly described as follows:
COMMENCING at a brass cap marking the E1/4 Corner of said Section 32;
Thence South 89139'12"West, coincident with the north line of said SE1/4 of Section 32, a distance of
1271.70 feet to the POINT OF BEGINNING;
Thence South 00018'00" East, 100.39 feet;
Thence South 89142'00"West, 20.00 feet;
Thence North 00118'00"West, 100.38 feet to said north line;
Thence North 89139'12" East, coincident with said north line, 20.00 feet to the POINT OF
BEGINNING.
Said easement contains 2,008 square feet and/or 0.046 acres, more or less.
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