CC - Access Easement Declaration ADA COUNTY RECORDER Phil McGrane 2021-118517
BOISE IDAHO Pgs=6 ANGIE STEELE 08/10/2021 08:18 AM
TITLEONE BOISE $25.00
Recording Requested By and
When Recorded Return to:
Sophia Durham
4824 W Fairview Ave
Boise,ID 83706
SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY f
ACCESS EASEMENT DECLARATION
This ACCESS EASEMENT DECLARATION (this "Declaration") is made this day of
2021 by Open Door Rentals, LLC, an Idaho limited liability company ("Grantor") on the
terms find conditions set forth herein.
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RECITALS: j
A. Grantor is the owner of that certain real property located in the City of Meridian, Ada County,
Idaho, more particularly described on Exhibit A(the"Property").
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B. 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 (the
"Benefited Parcel")access to and from N Centrepoint Way to the west; and
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C. Grantor agrees to provide access rights for the benefit of the current and future owners of
the Benefited Parcel, over that portion of the Grantor's Property that is described in Exhibit A and
depicted in Exhibit B, on the terms and conditions described in this Declaration. , subject to the condition I
precedent set forth below, and the reservation of rights afforded herein.
NOW, THEREFORE, in consideration of the terms of this Declaration, in consideration of the
recitals above which are incorporated below, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Declarant declares and grants as follows:
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 N Centrepoint Way 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) 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 Benefited Parcel and N Centrepoint Way 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.
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c) The Access Easement shall be kept free and open and neither Declarant, nor its i
permittees shall prohibit or attempt to prohibit the use of the Access Easement for the purposes herein
ACCESS EASEMENT DECLARATION-1
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described. No barriers, structures or other obstructions shall be placed, installed, constructed, or located
within the Access Easement.
2. No Public Rights. No public dedication is intended or implied with this Agreement.
Should in the future any part of the Access Easement become part of or lie within the boundaries of any
public street and such public street provides legal access to the Property, then this Declaration and the
easement rights created herein shall be automatically terminated and of no further force or effect.
3. 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 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.
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4. Binding Effect, This Declaration, and the covenants and agreements herein contained, j
shall run with the land and, during the entire term hereof, shall be binding upon Grantor and its
successors and assigns.
5. 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.
[end of text—signature pages follow]
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ACCESS EASEMENT DECLARATION-2
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GRANTOR:
OPEN DOOR RENTALS, LL
Corey B, ton, Member �� •7•sr�
STATE OF IDAHO )
} ss.
County of Ada )
This record was acknowledged before me on S t_ 2021
by v
(name of in ' idual)
as (YIP � Pr
(type of authority)
ofC-
(nar&of party on behalf of whom record was executed)
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PppA KOtTFS%//�s��
Sig ature of notary pu is �` ;���WY PUBi•�
MY COMMISSION •:
EXPIRES 6-5-2022 ,
�.TEOF I07,9 :0�
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ACCESS EASEMENT DECLARATION-3
5awtooth Land Surveying, LLC
2030 5. Washington Ave. 1044 Northwest 51vd., Ste. G 141 1"Avenue East
Emmett, ID 83G 17 Coeur d'Alene, ID'5 Jerome, ID 83338
lI �� P: (208)398-8104 P. (208)714-4544 F: (208)329-5303
F: (208)398-8105 F: (208)292-4453 F: (208)324-382 I
EXHIBIT A
Cross Access Easement Legal Description
AN EASEMENT LOCATED IN THE NE1/4 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 AN ILLEGIBLE BRASS CAP MARKING THE E1/4 CORNER OF SAID SECTION 32;
THENCE SOUTH 89°39'12"WEST,COINCIDENT WITH THE NORTH LINE OF SAID SE1/4 OF SECTION 32,A DISTANCE OF
1026.20 FEET TO THE NORTHWEST CORNER OF LOT 1,BLOCK 1 OF JASMINE ACRES,AS SHOWN IN BOOK 59 OF PLATS,AT
PAGE 5829,ADA COUNTY RECORDS;
THENCE SOUTH 00°20'48"EAST,COINCIDENT WITH THE WESTERLY BOUNDARY OF SAID JASMINE ACRES,346.83 FEET TO
THE NORTHWEST CORNER OF LOT 3,BLOCK 1 OF SAID JASMINE ACRES;
THENCE NORTH 89"42'00"EAST,COINCIDENT WITH THE NORTH LINE OF SAID LOT 3,63.10 FEET;
THENCE SOUTH 00"18'00"EAST,11.50 FEETTO THE POINT OF BEGINNING;
THENCE NORTH 89"42'00"EAST,PARALLEL WITH SAID NORTH LINE OF LOT 3,A DISTANCE OF 139.20 FEET;
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THENCE SOUTH 00'18'00"EAST,252.34 FEET;
THENCE NORTH 89°42'00"EAST,PARALLEL WITH SAID NORTH LINE OF LOT 3,A DISTANCE OF 360.65 FEET TO THE EAST
LINE OF SAID LOT 3;
THENCE SOUTH 00°01'00"EAST,COINCIDENT WITH SAID EAST LINE,24.00 FEET;
THENCE SOUTH 89'42'00"WEST,PARALLEL WITH SAID NORTH LINE OF LOT 3,A DISTANCE OF 384.53 FEET;
THENCE NORTH 00*18-00"WEST,252.34 FEET;
THENCE SOUTH 89°42'00"WEST,PARALLEL WITH SAID NORTH LINE OF LOT 3,A DISTANCE OF 115.20 FEET;
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THENCE NORTH 00°18'00"WEST,24.00 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED EASEMENT CONTAINS 18,051 SQUARE FEET AND/OR 0.41 ACRES MORE OR LESS.
BASIS OF BEARINGS FOR THIS LEGAL DESCRIPTION IS NORTH 00`01'00"WEST BETWEEN THE E1 4 CORNER AND THE
SOUTHEAST CORNER OF SECTION 32,T.4 N.,R 1 E.,B.M.,ADA COUNTY,IDAHO.
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P:\2018\18094-DELANO SUBDIVISION-CMG\Survey\Drawings\Descriptions\18094 Delano Cross Access.docx
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EXHIBIT B
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EXHIBIT C
Description of Benefited Parcel
Parcel R4582530202, Northerly portion of Lot 2, Block 1 Jasmine Acres Subdivision. Address of 13984
W Jasmine Lane, Boise, ID 83713.
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