Chukar Ridge Subdivision Emergency Access Easement Agreement ESMT-2022-0136 (2022-034279) ADA COUNTY RECORDER Phil McGrane 2022-034279
BOISE IDAHO Pgs=10 ANGIE STEELE 04/07/2022 09:17 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2022-0136 Chukar Ridge Subdivision
EMERGENCY ACCESS EASEMENT AGREEMENT
THIS AGREEMENT made this 5th day of April ,2022, between
,Taint School District No. 2,doing business as the West Ada School District, an Idaho school
district and body corporate and politic of the State of Idaho, hereinafter referred to as
"Grantor,"the City of Meridian, an Idaho municipal corporation,hereinafter referred to as
"Grantee" and AMH Development,LLCy, a Delaware.Limited Liability Company,whose
address is 1961 N.Locust Grove Rd, Meridian, Idaho 83646,,hereinafter referred to as
"AMH"),
WITNESSET ,
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 for an
adjacent parcel owned by AMH; 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,AMH 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
constructed by AMH;shall be constructed of an improved surface capable of supporting 75,000
VW;
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
itwill not place or allow to be placed any permanent structures, trecs,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.
EMERGENCY ACCESS EASEMENT,PAGE 1 02/14/2020
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,that
AMH shall repair and maintain the access roadway improvements.
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 parties have hereunto subscribed their signatures the day and
year first hereinabove written.
GRANTOR: JOINT SC L DISTRICT NO. 2 DBA WEST ADA SCHOOL DISTRICT
(::i:)
By: Dr. Derek Vub
Its: Superintendent
STATE OF IDAHO )
ss.
County of Ada )
On this i� day of Jot vt,u c-J� , 2022, before me, a Notary Public, in and for
said State,personally appeared-1-1v.pe re k"p,ice, known or identified to me to be the
S liN-V r:44<Ad-e of 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.
TARY PUBLIC FOR IDAHO �.•-11IDHENT�,'•.
Residing at MZ r�C�tct ,ti ; i� �-4 .••. Zod••� ••,
My Commission Expires f,2 a iz��-� ,e`��OTA ,��:
• RY
PUBLIC An,�
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•••.� �tl' •.yes.1212ti�••���•
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EMERGENCY ACCESS EASEMENT,PAGE 2 02/14/2020
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 4-5-2022
Attest by Chris Johnson, City Clerk 4-5-2022
STATE OF IDAHO, )
) ss.
County of Ada )
This record was acknowledged before me on 4-5-22 (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: 3-28-2028
EMERGENCY ACCESS EASEMENT,PAGE 3 02/14/2020
Item#7.
A :AMH DEVELOPMENT,LLC
By:
Its: I-A#,qn
STATE OFO )
So-+'LAW ss.
County of Via^ )
On this day of 7� f uc/KT 2022, before me, a Nota Public,personally
( � �Sc V y , known or identified to me to be the ti,� k�vkA dty of AMH
Development, LLC, a Delaware Limited Liability Company,whose name is subscribed to the
within instrument, and acknowledged to me that he/she 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 ye ar in this certificate first above written.
4 9
NOT AY Y PUBLIC FOR Ems`'E h FLOWS
Residing atwC;� R�
My Commission Expires 0"?- U2:"i NOWYN".s TEGFUN
COMMISSIONS 7t0A7e
COMM.EXP.02-21-2024
EMERGENCY ACCESS EASEMENT,PAGE 4 02/14/2020
Page 119
Item#7.
LEGAL DESCRIPTION
' = TH E
� . LAND Page 10F1
GROUP
December 21,2021
Project No.: 119192
EXHIBIT"A"
EMERGENCY ACCESS EASEMENT
WEST ADA SCHOOL DISTRICT
CITY OF MERIDIAN
An emergency access easement located in a portion of Parcel "A", as same is shown on Record of Survey
No. 13067, recorded under Instrument No. 2021-141377, records of Ada County, being situate in the
southwest quarter of the northeast quarter of Section 32,Township 4 North, Range 1 West, Boise
Meridian,Ada County, Idaho, being more particularly described as follows:
COMMENCING at the North One Quarter corner of said Section 32 (from which the Center One Quarter
corner of said Section 32 bears South 00°36'39" West, 2631.90 feet distant);Thence South 00°36'39"
West,2003.87 feet on the north/south mid-section line of said Section 32;Thence South 89°23'21" East,
1322.43 feet to the northeast corner of said Parcel"A",said point being the POINT OF BEGINNING:
Thence on the easterly boundary of said Parcel "A",South 00'34'42"West, 69.49 feet;
Thence leaving said easterly boundary, South 65°08'30"West, 13.29 feet;
Thence North 00°34'42" East, 69.82 feet to a point on the northerly boundary of said Parcel"A";
Thence on said northerly boundary, North 66°26'46" East, 13.15 feet to the POINT OF BEGINNING.
The above-described easement contains 836 Ft2, more or less.
PREPARED BY: lyp,L
The Land Group,Inc. W�Lj�o ���EN str�
G
Michael Femenia, PLS o
a 5 �►
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As.
12/21/2021
462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939,4041 thelandgroupinc.com
Page 120
Item#7.
W. MCMILLAN RD.
_ S89-21'S8"E 642.72'
1321.29 1321.44' _
i
rn 2003.8T POB I o
S89°23121"E 1322.43" - M
m N SEE DETAIL N C
� o WEST ADA SCHOOL DISTRICT - '�-. w ti
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o N PARCEL"A"- ROS 13067 EMERGENCY ACCESS EASEMENT
N M � I N
m o I N. OiYYXEE STORM AVE, AREA:±836 FTz o
W ACHIEVEMENT ST. AIvW DEVELOPMENT LLC Z R
5.32
C1/4---ZN00°36'39"E 2631.82' i El/4 �"' S.33
1 SECTION 32
N00°36'39"E 2631.82' N00029'50"E 2633.22'
5.32 5.32 5.33
S.5 S89°17'50"E 2651.02'
W. USTICK RD- S.5 S.4
NE CORNER OF PARCEL"N'
ROS 13067
S89°23'21"E 1322.43'
N66°26'46"E 13.15'
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4, 1
0
EMERGENCY ACCESS EASEMENTl``�'cCNAREA:±836 FTz
S65°08'30W 13.29 i oW
G w �I
DETAIL
SCALE: V =40'
T
`✓r 9TE OF
12/21/2021
E
E 0 500 l000
Exhibit "B"
d Horizontal Scale: 1" = 500' Project No..119192
Date of Issuance; December 21,2021
Q THE Emergency Access Easement
WE
LAND West Ada School District o
PorRF
City of Meridian
ado
W � Page 121
Item#7.
LEGAL DESCRIPTION
� == THE
LAND Page 1 OF 1
GROUP
December 21,2021
Project No.: 119192
EXHIBIT"A"
EMERGENCY ACCESS EASEMENT
AMH DEVELOPMENT LLC
CITY OF MERIDIAN
An emergency access easement located in a portion southeast quarter of the northeast quarter of
Section 31,Township 4 North, Range 1 West, Boise Meridian,Ada County, Idaho, being more
particularly described as follows:
COMMENCING at the north quarter corner of said Section 32 (from which point the center quarter
corner of said Section 32 bears South 00°3639" West, 2631.90 feet distant);Thence South 00°36'39"
West, 2003.87 feet on the north/south mid-section line of said Section 32;Thence South 89`23'21" East,
1322.43 feet to the northeast corner of Parcel "A", as same is shown on Record of Survey No. 13067,
recorded under Instrument No. 2021-141377, records of Ada County,said point being the POINT OF
BEGINNING:
Thence North 66°29'36" East, 13.14 feet;
Thence South 00'34'42"West,33.67 feet to a point of curvature;
Thence 34.71 feet on the arc of a curve to the left, having a radius of 28.00 feet,a central angle of 71'
01' 16", and whose long chord bears South 34°55' 56" East, 32.53 feet;
Thence South 65°08' 30"West,34.21 feet to a point on the easterly boundary of said Parcel "A";
Thence on said easterly boundary line, North 00'34'42" East, 69.47 feet to the POINT OF BEGINNING.
The above described easement contains 1,OS1 Ft', more or less.
PREPARED BY: �yAL
The Land Group, Inc. 0��0 ��CEN SLR
Michael Femenia, PLS o
P. 5
OF�
12/21/2021
462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.com
Page 122
Item#7.
W. MCMILLAN RD.
S89°21'58"E 2642.72'
j 1321.29' 1321.44'
.1
rn 2003.87' _ _ _POB o A
Z S89°23'21"E 1322.43' \
a LU SEE DETAIL \ CD h
co 6) o WEST ADA SCHOOL DISTRICT \ LU O
cn I c�v PARCEL"A"-ROS 13067 I EMERGENCY ACCESS EASEMENT —
y ° C° i AREA:±1,051 FT M
m o i N. OWYHEE STORM AVE. o W
`/) W. ACHIEVEMENT ST. AMH DEVELOPMENT LLC z
S.32
NJ
C1/4 N00°36'39"E 2631.82' E1/4 3.33
7 1 SECTION 32
N00°36'39"E 2631.82' N00°29'50"E 2633.22'
6.32 S.32 S.33
S.5 — — — — S89017'50"E 2651.02' — —
W. USTICK RD. S.5 S.4
NE CORNER OF PARCEL"A" N66°29'36"E 13.14'
S89°23'21"E 1322.43' ROS 13067
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EMERGENCY ACCESS EASEMENT
AREA:±1,051 Ff2 LA !?
DETAIL
0
SCALE: 1" = 40'
o
c Curve Table
CURVE LENGTH RADIUS DELTA CHORD BEARING CHORD LENGTH �rj �qTE OF tiQ
C1 34.71' 28.00' 71°01'16" S34°55'5611E 32.531AEL S.
12/21/2021
Exhibit "B" o DWI l000'
Horizontal Scale:1" = 500' Project No.:119192
Date of Issuance:December 21,2021
z
!M AM64%THE Emergency Access Easement
s� �����
BLAND AMH Development LLC
—GROUP City of Meridian Ir—
LL J� Page 123
Item#7.
LEGAL DESCRIPTION
-; TH E
LAND Page 1OF 1
r GROUP
December 21, 2021
Project No.: 119192
EXHIBIT"A"
EMERGENCY ACCESS EASEMENT
WEST ADA SCHOOL DISTRICT
CITY OF MERIDIAN
An emergency access easement located in a portion of Parcel "A",as same is shown on Record of Survey
No. 13067, recorded under Instrument No. 2021-141377, records of Ada County, being situate in the
southwest quarter of the northeast quarter of Section 32,Township 4 North, Range 1 West, Boise
Meridian,Ada County, Idaho, being more particularly described as follows:
COMMENCING at the North One Quarter corner of said Section 32 (from which the Center One Quarter
corner of said Section 32 bears South 00°36'39"West, 2631.90 feet distant);Thence South 00°36'39"
West, 2003.87 feet on the north/south mid-section line of said Section 32;Thence South 89°23'21" East,
1322.43 feet to the northeast corner of said Parcel "A",said point being the POINT OF BEGINNING:
Thence on the easterly boundary of said Parcel "A", South 00°34'42" West, 69.49 feet;
Thence leaving said easterly boundary, South 65'08'30"West, 13.29 feet;
Thence North 00'34'42" East, 69.82 feet to a point on the northerly boundary of said Parcel "A";
Thence on said northerly boundary, North 66°26'46" East, 13.15 feet to the POINT OF BEGINNING.
The above-described easement contains 836 Ftz, more or less.
PREPARED BY: �NL LA
The Land Group,Inc. �10 ��rEN
Michael Femenia, PLS o
a5 1.00•
`�1TE OF
4.9.
12/21/2021
462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.com
Page 124
Item#7.
W. MCMILLAN RD.
S89°21'58"E 2642.72'
1321.29' 1321.44'
rn 2003.87' POO b
S89°23'21"E 1322.43" co
N M
co
m I_ SEE DETAIL cli
o WEST ADA SCHOOL DISTRICT W,
tico Ito PARCEL"A"-ROS 1306 EEMERGENCY ACCESS EASEMENT -
a O i N. OWYHEE STORM AVE. AREA:±836 FT
m W. ACHIEVEMENT ST. z Q
� AMH DEVELOPMENT LLC t,
S.32 7
C1/4 N00°36'39"E 2631.82' E1/4 7.33
i SECTION 32
N00036'39"E 2631.82' N00029'50"E 2633.22'
S.32 3.32 5.33
S.5 S89`17'50"E 2651.02' —W. USTICK RD. S.5 S.4
NE CORNER OF PARCEL"A"
ROS13067 '
389°23'21"E 1322.43'
N66026'46"E 13.15' o
o,
/ ' v
N O
wI N
N I V
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EMERGENCY ACCESS EASEMENT NJ, LA
AREA:±836 FT2 �,�� �\cEN s��G
E S65°08'30"W 13.29'
� o
DETAIL 5
SCALE: 1" =40'
12/21/2021
0 500' 1000'
Exhibit "B'
Horizontal Scale:1 = 500' Project No.:119192
d
Date of Issuance:December21,2021
S
zo
=� '�_'-THE Emergency Access Easement �-
LAND West Ada School District
GROUP City of Meridian r
LL J o Page 125