PZ - Emergency Access Easement Agreement After filing
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EASEMENT AGREEMENT FOR EMERGENCY VEHICLE ACCESS
This Easement Agreement for Emergency Vehicle Access ("Agreement") is made and entered into this
day of ,2021,by Joint School District No. 2(dba West Ada School District),a
subdivision of the State of Idaho, whose address is 1303 East Central Drive,Meridian,Idaho 83642("West
Ada"), and Acclima, Inc., an Idaho general business corporation whose address is 1763 W. Marcon Lane,
Suite 175, 836452 ("Acclima"),on terms and conditions set forth herein.
RECITALS
A. West Ada is the owner of certain real property located in Ada County,Idaho,which was developed
for the purpose of building the Owyhee High School. Acclima owns real property adjacent thereto,which
real property is legally described on Exhibit A attached hereto and incorporated herein by reference (the
"Acclima Property").
B. Acclima seeks emergency secondary access to the Acclima Property for purposes of providing
emergency vehicle access to the property.West Ada desires to grant an easement(the "Easement")in that
area legally described on Exhibit B attached hereto and incorporated herein by reference(the "Easement
Area"),for the express and limited purpose of permitting emergency access by emergency service vehicles,
which Easement shall be subject to the terms and conditions further set forth below.
AGREEMENT
For and on the terms and conditions hereinafter set forth and subject to the conditions and
limitations set forth herein,the parties agree,as follows.
1. GRANT AND PUPOSE OF EASEMENT. Subject to the conditions and limitations below, West
Ada hereby grants, conveys, and confirms a permanent perpetual, non-exclusive, non-public easement to
Acclima for emergency vehicle access and required maintenance, over and upon the Easement Area. This
Easement is granted solely for use by emergency service vehicles to provide egress and ingress access to
the Acclima Property in the event of emergency and for no other purpose.
2. SIGNAGE. Acclima may, if instructed by a local government having jurisdiction,place and
maintain upon the Easement Area signage reading"No Parking-Emergency Service Vehicles Only."
3. TERMINATION. This Easement is terminable by written and recorded declaration of the then-
acting Meridian City Fire Marshal stating that the Easement is no longer required for emergency vehicle
access. This Easement shall be automatically terminated without any further action of the parties in the
event the Easement Area is dedicated to public use as a highway or street right-of-way.
4. NO PUBLIC RIGHTS; NO PUBLIC DEDICATION. Nothing contained herein shall, or shall
be deemed to, constitute a gift or dedication of any portion of the Easement Area to the general public for
the benefit of the general public or for any public purpose whatsoever, it being the intention that the
provision set forth herein shall be strictly limited to and for the purpose expressed herein. West Ada shall
be permitted, from time to time, to take whatever reasonable action it may deem necessary to prevent any
portion of the Easement Area encumbered by this Easement from being dedicated or taken for public use
or benefit.
5. INDEMNITY. The parties agree to indemnify, defend, and hold the other harmless from and
against any and all liability,claims,damages,expenses(including reasonable attorneys'fees,including on
appeal),judgments,proceedings, and causes of action for injury to or death of any person, or damage to
or destruction of any property resulting from: (i) the negligent or willful act or omission of the
indemnifying person,its tenants,subtenants,agents,contractors,employees,or permittees;and(ii)arising
out of the performance or nonperformance of any of the obligations set forth in this Agreement, except to
the extent caused by the negligent or willful act or omission of the indemnified owner, its tenants,
subtenants, agents, contractors, employees, or permittees.
6. BINDING EFFECT. This Easement, and the covenants and agreements herein contained, shall
run with the land and, during the entire term hereof, unless and until this Easement is terminated, as
provided herein, and shall be binding upon and inure to the benefit of the parties hereto, their successors
and assigns, and their respective interests.
7. GOVERNING LAW.The Easement herein granted shall be governed by,construed and enforced
in accordance with the laws of the State of Idaho.This Agreement shall be recorded in Ada Country,Idaho.
8. SEVERABILITY;ENFORCEMENT.If any term or provision of this Agreement,to any extent,
shall be held invalid or unenforceable, the remaining terms and provisions hereof shall not be affected
thereby, but each such remaining term and provision shall be valid and enforced to the fullest extent
permitted by law.In the event of a breach of any term,covenant,restriction or condition of this Agreement,
the other party(or parties) shall have, in addition to the right to collect damages,the right to enjoin such
breach or threatened breach in a court of competent jurisdiction. The prevailing party in any such action
shall be entitled to recovery of its attorneys' fees and costs, including on appeal.
[end of text-signatures on following page]
IN WITNESS WHEREOF, this Agreement has been duly executed by and on
behalf of each of the respective parties, the day, month and year herein first above
written.
Joint School District No. 2 dba West Ada School District,
By:
Its:
Acclima,Inc.
By: Scott Anderson
Its: Owner and President
EXHIBIT A
Legal Description of Acclima Property
ADA COUNTY RECORDER Christopher D. Rich AMOUNT 10.00 1
BOISE IDAHO 01/31/2011 01 :42 PM
DEPUTY Bonnie Oberbillig
Simplifile Electronic Recording IIIIIII IIIII IIIII IIIII RECORDED-REQUEST OF 111111111111111111111111111111111111111
IIII
T1 tl e On e TITLEONE BOIS 111009673
a title & escrow co.
Order Number: Al096195 AE/NH
Warranty Deed
For value received,
Woodside Avenue Investors LLC, a California limited liability company
the grantor, does hereby grant, bargain, sell, and convey unto
Acclirna, Inc ,an Idaho Corporation
whose current address is 2260 E. Commercial Street, Meridian, ID 83642
the grantee, the following described premises, in Ada County, Idaho, to wit:
The Northeast quarter of the Southeast quarter of Section 32, Township 4 North, Range 1 West, Boise Meridian, Ada
County, Idaho, more particularly described as follows:
Beginning at the Southeast corner of the Northeast quarter of the Southeast quarter of said Section 32, said corner
bears North 00°30'38" East 1317,03 feet from the Southeast corner of said section; thence
North 89°20'33" vilest 1324.58 feet to the Southeast 1/16 comer; thence
North 00°33'03" East 1316.05 feet to the center East 1/16 corner, thence
South 89°20'29" East 1323.09 feet to the East quarter corner of said section; thence
South 00°29'09" West 1316.03 feet to the Point of Beginning.
To have and to hold the said premises, with their appurtenances unto the said Grantee, its heirs and assigns forever.
And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of
said premises; that they are free from all encumbrances except those to which this conveyance is expressly made
subject and those made, suffered or done by the Grantee; and subject to all existing patent reservations, easements,
right(s) of way, protective covenants, zoning ordinances, and applicable building codes, laws and regulations,
general taxes and assessments, including irrigation and utility assessments (if any) for the current year, which are not
due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Whenever the
context so requires, the singular number includes the plural.
Dated: January 18, 2011
Woods' Avenue Investors LLC , a California LLC
BY:
J es H. Hunter
nager
State of Idaho, County of Ada, ss.
On this ` day of January, in the year of 2011, before me, the undersigned, a Notary Public in and for said
State, personally appeared ,lames H. Hunter
known or identified to me to be the manager or member of the limited liability company that executed the instrument
or the person rho executed the instrument on behalf of said limited liability company, and acknowledged to me that
s -limi ility company executed the same.
r13400'er
W .
Justin o ary Public ®�►
Residing t: oise, ID OTA*k
My Commission Expires: 7/25/2011
(seal) �® p(JBLie
OF ID
EXHIBIT B
Legal Description of Easement Area
0 LEGAL DESCRIPTION
T H E
LAN D Page 1 of 2
GROUP
July 9, 2021
Project No.: 120124
EXHIBIT"B"
EMERGENCY ACCESS EASEMENT
WEST ADA SCHOOL DISTRICT
ACCLIMA INC.
An easement located in a portion of Parcel "A" as shown on Record of Survey Number 11348, recorded
as Instrument Number 2018-036119,Ada County Records, situate in a portion of the East One Half of
Section 32,Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more
particularly described as follows:
COMMENCING at the South Quarter Corner of said Section 32 (from which the Center Quarter Corner of
said Section 32 bears North 00°36'39" East, 2631.82 feet distant);Thence North 00°36'39" East, 1285.38
feet on the north/south mid-section line of said Section 32;Thence South 89°23'21" East, 1204.27 feet
to the POINT OF BEGINNING:
Thence North 44° 33'40" East,40.00 feet to a point on the north line of the Southwest Quarter of the
Southeast Quarter of said Section 32;
Thence North 00°41' 21" East, 146.00 feet to a point of curvature;
Thence 83.25 feet on the arc of a curve to the right, having a radius of 53.00 feet, a central angle of 90°
00'02", and whose long chord bears North 45°40' 25" East, 74.95 feet;
Thence South 89° 18'44" East, 38.67 feet to a point on the east line of said Parcel "A";
Thence on said east line, South 00' 33'03" West, 30.00 feet;
Thence leaving said east line, North 89° 18'44" West, 38.73 feet to a point of curvature;
Thence 36.15 feet on the arc of a curve to the left, having a radius of 23.00 feet, a central angle of 90°
02' 31", and whose long chord bears South 45'40' 25" West, 32.54 feet;
Thence South 00°41' 21" West, 174.14 feet;
Thence North 90'00' 00" West, 57.73 feet to the POINT OF BEGINNING
The above described easement contains 8,577 Ft2 acres, more or less.
PREPARED BY: �NL LA
The Land Group, Inc. ��� �\GE.N
Michael Femenia, PLS o
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AEI. S
07/09/2021
462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.com
Curve Table
CURVE LENGTH RADIUS DELTA CHORD BEARING CHORD LENGTH
C1 83.25' 53.00' 90°00'02" N45040'25"E 74.95'
C2 36.15' 23.00' 90002'31" S45040'25"W 32.54'
Line Table
C
�p,L LA LINE BEARING LENGTH
�w Li N44°33'40"E 40.00'
aJ �►
L2 N00°41'21"E 146.00'
L3 S89018'44"E 38.67'
T Q
r2 SF L4 S00°33'03"W 30.00'
07/09/2021 L5 N89018'44"W 38.73'
SEE DETAIL L6 S00041'21"W 174.14'
00 EMERGENCY ACCESS EASEMENT °°
�, AREA: FT2 °°°° L7 N90000'00"W 57.73'
N
Lu o°o
a; S89°23'21"E 1204.27'
co PO
o _
OLU
J
z PARCEL"A" J 4�C2°
ROS 11348 �
60
NI I q
M JI I__j
I ,
r � 30.00'
74
S1/4 q
SECTION 32 DETAIL
S.32 T.4N., RAW., B.M. SCALE: 1" = 150' S.32 S.33
R W R/W
S.5 R/W R S89°1 T50"E 2651.02'— R — —RAW S.5 S.4
W. T TICK RD.
i
Exhibit "B" 0 500' i000'
Horizontal Scale:1 = 500' 120194
Date of Issuance:07/09/2021
a
THE Emergency Access Easement
LAND Acclima Inc. o
amm
GROUP West Ada School District
N