Skybreak Subdivision No. 1 Emergency Access Easement ESMT-2021-0139 (2021-175982) ADA COUNTY RECORDER Phil McGrane 2021-175982
BOISE IDAHO Pgs=5 CHE FOWLER 12/15/2021 10:12 AM
CITY OF MERIDIAN, IDAHO NO FEE
Skybreak Subdivision No. 1
ESMT-2021-0139
EMERGENCY ACCESS EASEMENT AGREEMENT
THIS AGREEMENT made this 14th day of December , 20 21 ,between
C4 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 75,000 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
Item#4.
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
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STATE OF IDAHO )
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County of Ada )
Thi record was acknowledged before me on (d te)by
on behalf of in the following
reps sentative cap city:_pLtiAVtk (type of authority such as officer or
trustee)
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3 r,AOTARy : $
1pllBty1f'"' Notary Signature
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Zo My Commission Expires:
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EMERGENCY ACCESS EASEMENT,PAGE 2 02/14/2020
Page 100
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Item#4.
GRANTEE: CITY OF MERIDIAN
Robert E. Simison,Mayor 12-14-2021
i
Attest by Chris Johnson,City Clerk 12-14-2021
STATE OF IDAHO, )
ss.
County of Ada )
This record was acknowledged before me on 12-14-2021 (date)by Robert E. Simison and
Chris Johnson on behalf of the City of Meridian,in their capacities as Mayor and City Clerk,
respectively. j
Notary Signature
My Commission Expires: 3-28-2022
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EMERGENCY ACCESS EASEMENT,PAGE 3 02/14/2020
Page 101
Item#4.
AAW Sawtooth Land Surveying, LLC
P: (205) 398-6104 F: (20(5) 398-8105
2030 5. Wa5hington Ave., Emmett, ID 83G 17
EXHIBIT A
Emergency Road Access Easement Legal Description
BASIS OF BEARINGS is S. 0112'52"W. between a found aluminum cap marking the W1/4 corner and a found
aluminum cap marking the NW corner of Section 4, T. 2 N., R. 1 E., B.M., Ada County, Idaho.
A 20-foot wide easement, located in the SWi/4 of the NWI/4 of Section 4 Township 2 North, Range 1 East, Boise
Meridian, Ada County, Idaho, more particularly described as follows:
COMMENCING at an aluminum cap marking the W1/4 corner of said Section 4;
Thence S. 89048'12"E., coincident with the south line of said SW1/4 of the NW1/4, a distance of 1192.50 feet to
the POINT OF BEGINNING;
Thence N. 00112'52"E., parallel with the west line of said S1/2 of the NW1/4, a distance of 151.99 feet to the
beginning of a curve to the right;
Thence 70.89 feet along the arc of said curve, with a radius of 48.00 feet, a central angle of 84037'14",
subtended by a chord bearing N. 42031'29"E., 64.62 feet;
Thence S. 00012'52"W., parallel with said west line, 20.15 feet to the beginning of a non-tangent curve to the
left;
Thence 39.46 feet along the arc of said curve, with a radius of 28.00 feet, a central angle of 80145'06",
subtended by a chord bearing S. 40035'25"W., 36.28 feet;
Thence S. 00112'52"W., parallel with said west line, 151.98 feet to said south line;
Thence N. 89048'12"W., coincident with said south line, 20.00 feet to the POINT OF BEGINNING;
The above described easement contains 4,143 square feet and/or 0.095 acres more or less.
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P:\2019\19446-SKYBREAK SUB CM\Survey\Drawings\Descriptions\19446 EMERGENCY ROAD ACCESS.docx
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