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I-84 + Meridian Commericial Development Emergency Access Easement Agreement No. 1 ESMT-2022-0153 (2022-041096) ADA COUNTY RECORDER Phil McGrane 2022-041096 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 04/27/2022 09:18 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0153 1-84 + Meridian Commercial Development Emergency Access Easement Agreement No. I EMERGENCY ACCESS EASEMENT AGREEMENT Corey Barton THIS AGREEMENT made this 26th day of_ April 202, between —,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 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 STATE OF IDAHO ) ss County of Ada ) This record was acknowledged before me on OC+.lg U (date)by _44.n rye u 27&14avl , on behalf of ,% in the following represents ve capacity: (type of authority such as officer or trustee) O,\GYP&*. r�s M1'COMMIS ;, — Notary Signature EXPIRES 6-,Sp2Z = My Commission Expires: —(r •cP d - OF 1DP�`l^p�`�moo '% EMERGENCY ACCESS EASEMENT,PAGE 2 02/14/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 4-26-2022 Attest by Chris Johnson, City Clerk 4-26-2022 STATE OF IDAHO, ) ) ss. County of Ada ) This record was acknowledged before me on 4-26-2022 (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:_ EMERGENCY ACCESS EASEMENT, PAGE 3 02/14/2020 Item#7. EXHIBIT DESCRIPTION FOR 1-84/MERIDIAN - HAWKINS COMMERCIAL EMERGENCY ACCESS EASEMENT A portion of the NW 1/4 of the SE 1/4 of Section 13, T.3N., RAW., B.M., Meridian, Ada County, Idaho more particularly described as follows: Commencing at the C1/4 corner of said Section 13 from which the E1/4 corner of said Section 13 bears South 89°52'43" East, 2642.71 feet; thence along the East-West centerline of said Section 13 South 89052'43" East, 250.00 feet; thence leaving said East-West centerline South 00003'55" West, 25.00 feet to a point on the South right-of-way line of W. Waltman Ln., thence along said South right-of-way line South 89052'43" East, 50.10 feet to the REAL POINT OF BEGINNING of a 30.00-foot wide easement being 15.00 feet to the right and 15.00 feet to the left of the following described centerline; thence leaving said South right-of-way line South 00004'59" East, 529.54 feet; thence 157.34 feet along the arc of curve to the right, said curve having a radius of 100.00 feet, a central angle of 90008'54" and a long chord which bears South 44059'28" West, 141.60 feet; thence North 89°56'05" West, 201.48 feet to the centerline of W. Ruddy Dr. of The Landing Subdivision No. 9 as filed in Book 74 of Plats at Page 7658 through 7659, records of Ada County, Idaho, point also being the to the POINT OF TERMINUS. 7729 31 N121 o G.CP` Page 125 Item#7. BASIS OF BEARING CENTER -W. WALTMAN LANE S89'52'43"E 2642.71' _- - -�1/4 1/4 —250.00' 1071�47' RPOB S.13 S.18 SO'03'55"W In— - 25.00' � I S89'52'43"E I I 1 FV" V1 50.10' 15.0' � 15.0'� I I N�O/I 1r/- "o A � r i I I � 1 I I I C1 QI I I 1 I q > w � W. RUDDY DR. uj - - - I - J cR �7—7-7-7-77 T— — N89'56'05"W 201.48'EG _ Ec R E GR I O I L \ \ NSFO 7729 Curve Table N� Oulti '9 � \QP Curve Length Radius Delta Chord Bearing Chord Distance CG,r OF CRY G.C P C1 157.34' 100.00' 90'08'54" S44'59'28"W 141.60' N Scale: 1"=60' 0 10 30 60 120 Waltman 38 Acre too Tanner Creek Sub)17-133 dw Tanner Creek E—ra Access E—A 311IJ2022 10,11,38 AM IDAHO Exhibit —_— Drawing for 17b133 SURVEY 9966w.EMERALD ST. 1-84/MERIDIAN - HAWKINS COMMERCIAL BOISE 704 EMERGENCY ACCESS EASEMENT Sheet No. (208)846-8570-8670 GROUP, LLC LOCATED IN THE NW Y4 OF THE SE Y4 OF SECTION Dw . Date 13, T.3N., R.1W., B.M., MERIDIAN, ADA COUNTY ir Page 126