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LDIR-2021-0001 Emergency Access Easement Agreement No. 1 ESMT-2022-0151 (2022-041094) ADA COUNTY RECORDER Phil McGrane 2022-041094 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 04/27/2022 09:18 AM CITY OF MERIDIAN, IDAHO NO FEE ES1V T-2022-0151 LDIR=2021-0151 Emergency Access Easement Agreement No. 1 EMERGENCY ACCESS EASEMENT AGREEMENT THIS AGREEMENT made this26th day of_April _,20"22, between Achieving Properties 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 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 axA rg-lrl� STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 3 2Z-22 (date) by Bi I I rOwh , on behalf of yj4 M1,"in the following representative capacity: yg6rg Rj kL (type of authority such as officer or trustee) Notary ' mature Z� My Commission Expires: - PWyP(J9i°T�•r'�rf MY COMMISSION . EMERGENCY ACCESS EASEMENT, PAGE 2 02/14/202 page 129 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#8. PORTSIDE LAND SURVEYING , LLC LDI R-2021-0001 EXHIBIT A EASEMENT DESCRIPTION A twenty foot wide easement across a portion of Lot 5, Block 3,Olson and Bush Subdivision No. 2, Book 90, Page 10508, and a portion of Lot 6, Block 3, Olson and Bush Subdivision No. 3, Book 107, Page 14905.Said easement located in the SE 1/4 Of Section 8,Township 3 North,Range 1 East, Boise Meridian, more particularly described as follows: Commencing at the Northeast corner Lot 5, Block 3, Olson and Bush Subdivision No. 2,thence along the North line of said Lot 5, North 88010'58" West a distance of 28.07 feet to the True Point of Beginning; Thence South 01'49'02"West a distance of 132.28 feet to a point; Thence South 21°26'01" a distance of 28,05 feet to a point; Thence South 01°48'52" West a distance of 101.89 feet to a point; Thence South 88°11'08" East a distance of 16.99 feet to a point on the East line of said Lot 5; Thence along the East line of said Lot 5 and said Lot 6, South 01°49'02" West a distance of 20.00 feet to a point; Thence North 88°11'08"West a distance of 36.99 feet to a point; Thence North 01°48'52" East a distance of 117.77 feet to a point; Thence North 21°26'101" West a distance of 28.05 feet to a point; Thence North 01°49'02" East a distance of 136.39 feet to a point on the North line of said Lot 5; Thence South 88'10'58" East a distance of 20.00 feet to the True Point of Beginning. Said easement containing 5988 Sq. Ft. \� LA STD 9p End Description cc Project No. 22-106 12 2-9 Prepared March 22, 2022 0 '3 --22 2ULZ 3626 TV Hill Rd. Boise, ID 83703 (208)484-6666 jim@portsidesurvey.coni Page 131 Item#8. 10 I 3 � N pO) N O n7 � M O � N C L O � � N N a� O N c co m p tl' co N V ti O C 36.99 n 8°1108"w He: t Page 132 m 3 PO I I II � � I � Z 11 rr-r �r I I Z O PO � Z I QI Ez I I O~ ~ k ova alto I n �C9z m I oo" oz f r = O n b ` NIA D D gm O C n ym I mo ID 6 try Tj M �v o mo o�-ni �-t > �_� I �� �b I '°u ��] � Z � N N) f I kb Z � S � I I C) 0 :70 fI I _ 2 N 01'49'02'" F 136 39' I E � O CJl Z m N --8'52" E 117.77' —^--- ---------- _ -- — r t o I Co �r 0 0,'49'02" W 132.28' C (/� Z ��I Sogz--�- ------- --- I o -tor- ------- I IZ2 I v S 01'4$'S2" W t0i.89 3 `QgZ'�Z I p I O Z p ® 0 tip Con N N 0I'49'02" E 274.73' C0 � v Cn O z D O rTl C) o rn cs toy ,� N U) c I � rn m0 i C* p o o { m (,4 W w ti