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E N E OV E r m
ADA COUNTY RECORDER Phil McGrane 2021-170502
BOISE IDAHO Pgs=17 DAN RYALLS 12/0112021 03:40 PM
THE LAND GROUP AMOUNT$58.00
1111111i11111111111111111i II111111111111111111111
01091622202101706020170178
After filing
Please Return To:
TEMPORARY EASEMENT AGREEMENT FOR EMERGENCY VEHICLE ACCESS
This Temporary Easement Agreement for Emergency Vehicle Access("Agreement")is made and entered
into this -7"r' day of 2021, by.faint School District No. 2 (dba West Ada School
District). an Idaho school district and body corporate and politic 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, Meridian, Idaho 83642
("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, which property is legally described on Exhibit A
attached hereto and incorporated herein by this reference(the"West Ada Property").
B. Acclima owns real property adjacent thereto, which real property is legally described on Exhibit
B attached hereto and incorporated herein by reference(the"Acclima Property").
C. Acclima seeks temporary emergency secondary access to the Acclima Property over the West Ada
Property for purposes of providing temporary emergency vehicle access to the Acclima Property via the
portion of the West Ada Property described in Exhibit C attached hereto and incorporated herein by
reference(the"West Ada Easement'),
D. West Ada is willing to provide Acclima with such an easement, provided that Acclima provides
West Ada with a reciprocal temporary emergency vehicle access over the Acclima Property at the location
set forth in Exhibit D attached hereto and incorporated herein by reference(tile"Acclima Easement').
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 EASEMENTS.Subject to the conditions and lim itations below,West
Ada hereby grants,conveys,and confirms a temporary,non-exclusive,non-public easement to Acclima for
emergency vehicle access and required maintenance,over and upon the West Ada Easement.Subject to the
conditions and limitations below, Acclima hereby grants, conveys, and confirms a temporary, non-
exclusive,non-public easement to West Ada for emergency vehicle access and required maintenance,over
and upon the Acclima Easement.These Easements are granted solely for use by emergency service vehicles
to provide egress and ingress access to respective properties in the event of emergency and for no other
purpose.
2. SIGNAGE. Acclima shall, if instructed by a local government having jurisdiction, place and
maintain upon the West Ada Easement signage reading"No Parking-Emergency Service Vehicles Only."
3. TERMINATION.The easements granted pursuant to this Agreement are intended to be temporary
Easement Agreement for Emergency Vehicle Access- I'.
and shall terminate at such time as the Acclima Property shall be provided with other acceptable secondary
emergency vehicle access, as determined by the then-acting Meridian City Fire Marshal. Upon such
determination by the then-acting Meridian City Fire Marshal,either party to this Agreement may execute a
written termination of this easement,which shall be deemed effective upon filing with the office of the Ada
County Recorder.The easements granted by this Agreement shall be automatically terminated without any
further action of the parties in the event the easement areas are 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 easements granted by this Agreement 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.
Either parry shall be permitted,from time to time,to take whatever reasonable action it may deem necessary
to prevent any portion of their property encumbered by this Agreement from being dedicated or taken for
public use or benefit.
5. INDEMNITY.To the extent allowed by law,the parties and their successors in interest 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;(ii)any claims arising from activities upon the West Ada Easement
as a result of Acclima's use thereof;(iii)any claims arising from activities upon the Acclima Easement as
a result of West Ada's use thereof;or(iv)arising out of the performance or nonperformance of any of the
obligations set forth in this Agreement, except to the extent solely caused by the negligent or willful act
or omission of the indemnified owner, its tenants, subtenants, agents, contractors, employees, or
permittees. Any such indemnification hereunder by West Ada is subject to the limitations of the Idaho
Tort Claims Act(currently codified at Chapter 9,Title 6, Idaho Code).
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 tents 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
pennitted by law.In the event of a breach of any term,covenant,restriction orcondition 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 attormcys' fees and costs, including on appeal,
fend of lexl-signaltzres ore following page]
Easement Agreement for Emergency Vehicle Access-2
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:
STATE OF IDAHO )
ss.
County of Ada )
On this_Lct_day of M6 J'P mbggC ,2021,before me,a Notary Public, in and for said State,
personally appeared ce 1z Bub , known or identified to me to be the Superintendent of the
Joint School District No. 2, doing business as the West Ada School District, whose name is subscribed to
the within instrument,and acknowledged to me that he executed the same on behalf of said school district.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
1P
ROt el" L •.
NOTARY PUBLIC FOR IDAHO V,X°t�oTARY
Residing atA ? �•�G
My Commission Expires ? k19 107,1 ��� � 'BL%
Easement Agreement for Emergency Vehicle Access-3
Acclinia, Inc.
4C,dVY�L
EEy. Stott Anderson
Its: Owner and President
STATE OF 1DAHO }
} ss.
County of Ada }
On thisf day of , 2021, before me, a Notary Public, personally Scott
Anderson, known or identified to me to be the president of Acclima, Inc., an Idaho corporation, whose
name is subscribed to the within instrument,and acknowledged to me that he executed the same on behalf
of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
NOTAirY PUBLIC FOR 1DAHO DAVID VARN
Residing at ��p�1no Notary Public-State of Idaho
My Comm lSSion •Xpire5 ?.S 2o7s Commfssion Number 20192437
My Commission Expires Nov 21, 2025
Easement Agreement for Emergency Vehicle Access-4
EXHIBIT A
Leeal Description of West Ada Property
Easement Agreement for Emergency Vehicle Access-5
EXHIBIT A
Parcel S0432131500:
That portion of the SW '/4 NE IA of Section 32,Township 4 North, Range 1 West,Boise Meridian,Ada
County, Idaho, lying South of Parcel 5 of Record of Survey No. 1221,recorded March 28, 1986 as
Instrument No. 8814015,described as follows:
BEGINNING at the East quarter comer of said Section 32;
Thence South 89°53'40"West 1322.91 feet along the Southerly boundary of said NE'/%a distance of
1322.91 feet to the Southeast comer of said SW A NE '/4,the REAL POINT OF BEGINNING;
Thence continuing South 89°53'30"West 1322.88 feet to the Center quarter corner of said Section 32,
being the Southwest corner of said SW %NE '/4;
Thence North 0°10'08"West along the West line of said SW'/4 NE '/4 a distance of 642.03 feet to the
Southwest comer of said Parcel 5 of said Record of Survey No. 1221;
Thence South 87°28'35" East along the South line of said Parcel 5 a distance of 581.77 feet;
Thence South 82°50'25"East along said South line of said Parcel 5 a distance of 557.33 feet;
Thence North 65°39'55"East along said South line of said Parcel 5 a distance of 206.74 feet to a point on
the Easterly line of said SW '/.NE '/,;
Thence South 0°12'02"East along the Easterly line of said SW '/4 NE ''A a distance of 629.58 feet to the
REAL POINT OF BEGINNING.
Parcel 50432438620:
The West half of the Southeast quarter of Section 32,Township 4 North,Range 1 West,Boise Meridian,
Ada County, Idaho.
EXCEPT
A parcel of land being a portion of the Southwest quarter of the Southeast quarter of Section 32,
Township 4 North,Range I West, Boise Meridian,Ada County,Idaho,and more particularly described as
follows:
Beginning at an iron pin marking the Southeast corner of said Southwest quarter of the Southeast quarter
of Section 32,also said iron pin being the Real Point Of Beginning;thence
South 89156'48"West 649.34 feet along the Southerly boundary of said Southwest quarter of the
Southeast quarter to a point;thence leaving said Southerly boundary of the Southwest quarter of the
Southeast quarter North 00°12'02"West 949.46 feet along a line Westerly of and parallel to the Easterly
boundary of said Southwest quarter of the Southeast quarter to an iron pin;thence
South 90000'00"East 411.28 feet to an iron pin;thence
South 00°36'21" West 450.92 feet to a point on the centerline of Sky Pilot Drain;thence
South 67°52'27" East 264.22 feet along said centerline of Sky Pilot Drain to a point on said Easterly
boundary of the Southwest quarter of the Southeast quarter;thence
South 00'12'02" East 398.45 feet along said Easterly boundary of the Southwest quarter of the Southeast
quarter to the Point Of Beginning.
PARCEL S0432438710-
A parcel of land being a portion of the Southwest quarter of the Southeast quarter of Section 32,
Township 4 North,Range 1 West, Boise Meridian,Ada County,Idaho,and more particularly described as
follows:
Beginning at an iron pin marking the Southeast comer of said Southwest quarter of the Southeast quarter
of Section 32,also said iron pin being the REAL POINT OF BEGINNING;thence
South 89 degrees 56'48" West 649.34 feet along the Southerly boundary of said Southwest quarter of the
Southeast quarter to a point;thence leaving said Southerly boundary of the Southwest quarter of the
Southeast quarter
North 00 degree 12'02" West 949.46 feet along a line Westerly of and parallel with the Easterly boundary
of said Southwest quarter of the Southeast quarter to an iron pin;thence
South 90 degrees 00'00" East 411.28 feet to an iron pin;thence
South 00 degree 36'21" West 450.92 feet to a point on the centerline of Sky Pilot Drain;thence
South 67 degrees 52'27" East 264.22 feet along said centerline of Sky Pilot Drain to a point on said
Easterly boundary of the Southwest quarter of the Southeast quarter; thence
South 00 degree 12'02" East 398.45 feet along said Easterly boundary of the Southwest quarter of the
Southeast quarter to the REAL POINT OF BEGINNING.
EXCEPT PARCEL 50432438800,described as follows:
A parcel of land being a portion of the Southwest quarter of the Southeast quarter of Section 32,
Township 4 North, Range 1 West,Boise Meridian,Ada County, Idaho,and more particularly described as
follows:
Beginning at an iron pin marking the South quarter corner of the said Section 32;thence
North 89 degrees 5648"East 882.80 feet along the Southerly boundary of said Southwest quarter of the
Southeast quarter of Section 32, which is also the centerline of Ustick Road,to a point,also said point
being the REAL POINT OF BEGINNING;thence
North 00 degree 12'02" West 579.05 feet along a line Westerly of and parallel with the Easterly boundary
of the said Southwest quarter of the Southeast quarter of Section 32 to a point on the centerline of Sky
Pilot Drain;thence
South 67 degrees 52'27" East 478.40 feet along the said centerline of Sky Pilot Drain to a point on the
said Easterly boundary of the Southwest quarter of the Southeast quarter of Section 32;thence
South 00 degrees 12'02" East 398.45 feet along the said Easterly boundary of the said Southwest quarter
of the Southeast quarter of Section 32 to an iron pin marking the Southeast corner of the said Southwest
quarter of the Southeast quarter of Section 32;thence
South 89 degrees 56'46" West 442.54 feet along the said Southerly boundary of the said Southwest
quarter of the Southeast quarter of Section 32 to the REAL POINT OF BEGINNING.
EXHIBIT 9
Legal Description of Acclinin Property
Easement Agreement for Emergency Vehicle Access-6
LEGAL DESCRIPTION
4 � �
LAND Page 1 OF 2
GROUP
September 16, 2021
Project No.:120194
LEGAL#1
PARCEL"B"
OWYHEE HIGH SCHOOL
JOINT SCHOOL DISTRICT No.2 dba WEST ADA SCHOOL DISTRICT
A parcel of land being a portion of Parcels"A"and"B"as shown on Record of Survey(ROS) Number
11348, recorded as Instrument Number 2018-036119,Ada County Records,situate in a portion of the
Southwest one quarter of the Northeast one quarter and a portion of the West one half of the
Southeast one quarter of Section 32,Township 4 North, Range 1 West, Boise Meridian, City of Meridian,
Ada County, Idaho, being more particularly described as follows:
COMMENCING at the South One Quarter corner of said Section 32,(from which the Center One Quarter
Corner of said Section 32 bears North 00'36'39"East, 2631.81 feet distant);thence on the north-south
midsection line of said Section 32, North 00'36'39" East,564.84 feet;thence leaving said midsection
line,North 90'00'00" East, 70.00 feet,to a point on the easterly right of way line of North Owyhee
Storm Avenue AND the POINT OF BEGINNING:
Thence on said easterly right of way line,North 00'36'39"East,2087.06 feet;
Thence on the southerly right of way line of West Achievement Street, North 90'00'00"East,
468.16 feet;
Thence South 85'14' 11" East, 132.46 feet;
Thence North 90'00'00" East, 172.63 feet;
Thence North 00'00'00" East, 11.00 feet;
Thence North 90'00'00" East,480.05 feet,to a point on the east line of the aforementioned
Southwest one quarter of the Northeast one quarter of Section 32;
Thence on said east line,South 00'34'42"West,35.61 feet,to the Center East One Sixteenth
corner of said Section 32;
Thence on the east line of the aforementioned West one half of the Southeast one quarter of
Section 32,South 00'33'03"West, 1316.33 feet,to the Southeast One Sixteenth corner of said
Section 32;
Thence continuing on said east line, South 00'33'19"West,917.73 feet;
Thence leaving said east line, North 67'07'23"West,478.51 feet;
Thence South 00'33'19"West,53.39 feet;
Thence North 90'00'00"West,50.00 feet,to a point on the easterly right of way line of West
Endeavor Street;
Thence on said easterly line, North 00'33'19" East,50.00 feet,to a point an the northerly right
of way line of West Endeavor Street;
452 East Shure []rive. Suite 100, E491e, Idaho U3616 208,939.4041 thidandgruupmc rum
September 16,2021
Page 2
Thence on said northerly right of way line,North 90'00'00"West,762.28 feet to the POINT OF
BEGINNING.
The above-described parcel contains 60.98 acres,more or less.
PREPARED BY:
The Land Group,Inc.
Michael Femenia, PLS �p$�'1'I.AN s
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Site Planning•Landscape Architecture•Civil Engineering•Surveying
462 E.Share Drive,Suite 100•Eagle,Idaho 83616■P 208 939.4041•www.thelandgroupinc.com
EXHIBIT C
Legal Descrintion or West Ada Easement
Easement Agreement for Emergency Vehicle Access-7
LEGAL DESCRIPTION
+V F%V2: THEPage 10F 1
r LAID
GROUP
September 16,2021
Project No,; 120194
LEGAL#3
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 00036'39" 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 89023'21" 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
g The Land Group, Inc. BEN
Michael Femenia, PL5 �sv
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09/16/204-1
462 East Shore Drive.suue inn. Eagle. Idaho 83616 208.M.4041 thelandgrouprno corn
Curve Table
CURVE LENGTH RADIUS DELTA CHORD BEARING CHORD LENGTH
C1 83.25' 53,00' 90*00102" N45040'25"E 74.95'
C2 36.15' 23.00' 9000231" S45040'25'W 32.54'
Line Table
C1/4 / ' ozpj,LAN LINE BEARING LENGTH
ti �ErJS i5'G
rp �L I L1 N44"33'40"E 40.00'
I 1 L2 N00041'21"E 141,00'
Fri
rr L3 S8901844'E 38.67'
d7 TOF
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09/16/2021 1 L5 N8901844"W 38.73'
I SEE DETAIL I L6 S00'41'21% 174.14'
m ME
EMERGENCY ACCESS EASENT
AREA:±8,577 FT2 L7 N90000'00"W 57.73'
to
S89623'21"E 1204.27' L3
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ROS11348 I I I 02I 4
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SECTION 32 DETAIL
5.321 T.4N„R.iW.,B.M. SCALE.12 = 150' 5.32 IS,33
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5891117'50' 2651.02'— S.5 I SA
W. USTICK RD.
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"a 120194
Horizontal Scale:1"= 500' pate of Issuance:September 16,2021
;z M 4THE Emergency Access Easement
LAND Acclima Inc. o
—fti�-- GROUP West Ada school District
EXHIBIT D
Legal Description of Acclinto Easement
Easement Agreement for Emergency Vehicle Access-8
LEGAL DESCRIPTION
THE L R�r D Page 1OF S
Hf�
GROUP
September 16, 2021
Project No.: 120194
LEGAL#4
EMERGENCY ACCESS EASEMENT
AVIATOR SPRINGS SUBDIVISION
ACCLIMA INC.
An easement situate in a portion of the northeast quarter of the southeast quarter of Section 32,
Township 4 North,Range 1 West, Bolse Meridian,Ada County, Idaho, being more particularly described
as follows:
COMMENCING at the East One Quarter corner said of Section 32(from which the south one sixteenth
corner common to Section 32 and Section 33 bears South 00029'50"West, 1316.11 feet distant);Thence
North 89'19'39" West, 1323.00 feet on the east/west rnld-section line of Section 32 to the center-east
one sixteenth corner of said Section 32;Thence South 00'33'03"West, 1117.31 feet on the west line of
said northeast quarter of the southeast quarter of Section 32 to the POINT OF BEGINNING;
Thence leaving said west line,South 89'18'45"East,109.33 feet;
Thence South 00'40'21"West,30.00 feet;
Thence North 89'18'45"West, 109.27 feet to a point on said west line;
Thence on said west line, North 00'33'03" East,30.00 feet to the POINT OF BEGINNING.
The above described easement contains 3279 Ft2,more or less.
PREPARED BY-- LEA
The Land Group,Inc. tio JGEN S��
Michael Femenia,PLS
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b9f1G/20Z1
4G2 East Shore U11ve. Suile 100, E891e, Idohn U3616 208.939.4041 thelundgroup"tc.curn
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C-E1116 SECTION 32 S.33
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Legal #4 09/16/2021 0 250' 500'
Horizontal Saale:l"=250� 120194
Date al Issuance:5eplember 15.2021
��. THE Emergency Access Easement
LAN® Accllma Inc. "
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Exhibit B
Legal #2
Acclima Inc.
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 comer of the Northeast quarter of the Southeast quarter
of said Section 32, said comer bears North 00"30'38" East 1317.03 feet from the
Southeast corner of said section; thence
North 89020'33' West 1324.58 feet to the Southeast 1116 corner; thence
North 00033'03' East 1316.05 feet to the center East 1116 corner; thence
South 89020'29' East 1323.09 feet to the East quarter comer of said section; thence
South 00029'09" West 1316.03 feet to the Point of Beginning.