Aviator Springs Subdivision Emergency Access Easement Agreement No. 1 ESMT-2022-0193 (2022-065019) ADA COUNTY RECORDER Phil McGrane 2022-065019
BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 07/20/2022 08:06 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2022-0193 Aviator Springs Subdivision
Emergency Access Easement Agreement No. 1
EMERGENCY ACCESS EASEMENT AGREEMENT
THIS AGREEMENT made this 19th day of July, 2022, between
Joint 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," City of Meridian, an Idaho municipal corporation,hereinafter referred to as
"Grantee," and AGE C II(LEN)MULTI STATE 2,LLC, a Delaware limited liability company,
whose address is 245 Park Avenue, 26"'Floor, New York,NY, hereinafter referred to as "AG EHC II'
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 for an adjacent parcel
owned by AG EHC II; 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,AG EHC II shall construct certain improvements upon a portion of the easement described
on Exhibit"C" and depicted on Exhibit "D"; 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 areathat 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.
EMERGENCY ACCESS EASEMENT, PAGE 1
02/14/2020
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that
AG EHC II shall construct, repair, and maintain the access roadway improvements upon the
portion ofthe easement described on Exhibit"C" and depicted on Exhibit "D".
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 SCHOOL DISTRICT NO. 2 DBA WEST ADA SCHOOL DISTRICT
BY: Dr. Derek Bub
Its: Superintendent
STATE OF IDAHO )
ss.
County of Ada )
On this 15 day of_ un 2022, before me, a Notary Public, in and for
said State, personally appeared _Dr. Derek F»b , known or identified to me to be the
_5� er,n-�endQ of.loint 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 WI IEREOF, I have hereunto set my hand and affixed my official seal the
clay and year in this certificate first above written. •••�„��„�����
.••``P ROLL''•.
�.C�. �1YnSY ,�.• 4.••ND 39.ai;••�
NOTARY PUBLIC FOR IDAHO aF0
Residing atCuln.•�,, �alol.a t'NpTARy
My Commission Expires_2-111 1LoZ7 .�� pUBLXC'
.� 9� •..•••
••. EOF 19 •�
.••
'•08#11111list••
02n ai2020
AG EHC 11. AG EHC lI (LEI)MULTI STATE 2,LLC
By:_Steven S.Benson
Its: Manager of Essential Housing Asset Management, LLC
an Arizona limited liability company, the Authorized
Agent of AG EHC II(LEN)Mufti State 2,LLC
STATE OF ARIZONA )
) ss.
County of Maricopa )
On this_n day of Vf~y ,2022, before me, a Notary Public in and for
said State, personally appeared P Won , known or identified to me to be
the�;m" UC", 47,of AG EHC I[ (LEN) MULTI STATE 2, 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 limited liability company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
�FLOTARY PUBLIC FOR ARIZONAE(@1&11ancopa
ime Made Adams.
Residing at 94 01 U CnNotary Public
County,ArizonaMy Commi �a2Smm Expires 07-01.25mission No.607030
02/14/2020
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 7-19-2022
Attest by Chris Johnson, City Clerk 7-19-2022
STATE OF IDAHO, )
) ss.
County of Ada )
This record was acknowledged before me on 7-19-202?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
02/14/2020
LEGAL DESCRIPTION
== THE
Page 1 OF 3
LAND
GROUP
May 24, 2022
Project No.: 120194
EXHIBIT"A"
OWYHEE HIGH SCHOOL/AVIATOR SPRINGS SUBDIVISION
EMERGENCY ACCESS EASEMENT
An easement located in the northeast quarter of the southeast quarter of Section 32,Township 4 North,
Range 1 West, Boise Meridian, Meridian,Ada County, Idaho, being more particularly described as
follows:
Commencing at the Southeast corner of Section 32 of said Township 4 North, Range 1 West;
Thence North 89' 17' 50" West, 1325.58 feet on the south line of said Section 32 to the One Sixteenth
Section Corner;
Thence North 00' 33' 19" East, 1316.18 feet on the north-south one sixteenth line of the Southeast
Quarter of said Section 32 to the Southeast one sixteenth corner;
Thence North 00' 33' 19" East, 174.03 feet on said north-south one sixteenth line to the POINT OF
BEGINNING;
Thence North 89' 19' 39" West, a distance of 41.45 feet to a point of curve;
Thence 44.31 feet on the arc of a curve to the left, said curve having a radius of 28.00 feet, a
central angle of 90' 40' 21", a chord bearing of South 45' 20' 10" West, and a chord length of
39.83 feet;
Thence South 00' 00' 00" West, a distance of 145.90 feet to a point of curve;
Thence 75.40 feet on the arc of a curve to the right,said curve having a radius of 48.00 feet, a
central angle of 90' 00' 00", a chord bearing of South 45' 00' 00" West, and a chord length of
67.88 feet;
Thence North 90' 00' 00" West, a distance of 339.67 feet to a point of curve;
Thence 22.06 feet on the arc of a curve to the left, said curve having a radius of 28.00 feet, a
central angle of 45' 08'49", a chord bearing of South 67' 25' 36" West, and a chord length of
21.50 feet;
Thence South 44' 51' 11" West, a distance of 83.24 feet to a point of curve;
Thence 65.40 feet on the arc of a curve to the right,said curve having a radius of 83.00 feet, a
central angle of 45' 08'49", a chord bearing of South 67' 25' 36" West, and a chord length of
63.72 feet;
Thence North 90' 00'00" West, a distance of 189.70 feet to a point of curve;
Thence 32.39 feet on the arc of a curve to the left, said curve having a radius of 57.00 feet, a
central angle of 32' 33' 25", a chord bearing of South 73'43' 18" West, and a chord length of
31.95 feet to a point of compound curve;
Thence 16.92 feet on the arc of a curve to the right,said curve having a radius of 83.00 feet, a
central angle of 11' 40' 38", a chord bearing of South 63' 16' 54" West, and a chord length of
16.89 feet to a point of compound curve;
Thence 30.25 feet on the arc of a curve to the right,said curve having a radius of 83.00 feet, a
central angle of 20' 52'47", a chord bearing of South 79' 33' 37" West, and a chord length of
30.08 feet;
Thence North 90' 00'00" West, a distance of 273.50 feet;
462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939,4041 thelandgroupinc.com
May 24, 2022
Page 2
Thence North 85°02' 45" West, a distance of 57.81 feet;
Thence North 89'59' 35" West, a distance of 66.61 feet;
Thence North 00'36' 39" East, a distance of 26.00 feet;
Thence North 90°00' 00" East, a distance of 67.36 feet;
Thence South 85'02'45" East, a distance of 59.02 feet;
Thence North 89'58'46" East, a distance of 271.26 feet to a point of curve;
Thence 20.77 feet on the arc of a curve to the left, said curve having a radius of 57.00 feet, a
central angle of 20' 52' 47", a chord bearing of North 79'33' 37" East, and a chord length of 20.66
feet to a point of compound curve;
Thence 11.62 feet on the arc of a curve to the left, said curve having a radius of 57.00 feet, a
central angle of 11'40' 38", a chord bearing of North 63° 16' 54" East, and a chord length of 11.60
feet to a point of compound curve;
Thence 47.16 feet on the arc of a curve to the right,said curve having a radius of 83.00 feet, a
central angle of 32' 33' 25", a chord bearing of North 73'43' 18" East, and a chord length of 46.53
feet;
Thence North 90'00' 00" East, a distance of 189.70 feet to a point of curve;
Thence 44.91 feet on the arc of a curve to the left, said curve having a radius of 57.00 feet, a
central angle of 45' 08' 49", a chord bearing of North 67° 25' 36" East, and a chord length of 43.76
feet;
Thence North 44'51' 11" East, a distance of 77.27 feet to a point of curve;
Thence 37.82 feet on the arc of a curve to the right,said curve having a radius of 48.00 feet, a
central angle of 45' 08' 49", a chord bearing of North 67° 25' 36" East, and a chord length of 36.85
feet;
Thence North 90'00' 00" East, a distance of 348.13 feet to a point of curve;
Thence 43.98 feet on the arc of a curve to the left, said curve having a radius of 28.00 feet, a
central angle of 90' 00'00", a chord bearing of North 45°00' 00" East, and a chord length of 39.60
feet;
Thence North 00'00' 00" East, a distance of 145.90 feet to a point of curve;
Thence 75.97 feet on the arc of a curve to the right,said curve having a radius of 48.00 feet, a
central angle of 90'41' 16", a chord bearing of North 45°20' 38" East, and a chord length of 68.29
feet;
Thence South 89° 18' 44" East, a distance of 41.40 feet to a point on said north-south one
sixteenth line;
Thence South 00'33' 19" West, a distance of 20.00 feet on said north-south one sixteenth line to
the POINT OF BEGINNING.
PREPARED BY:
The Land Group, Inc. p��L
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James R. Washburn
a 788D 0
5-24-2022
41.�TFOF �pP���
WA�y"
Site Planning• Landscape Architecture•Civil Engineering•Surveying
462 E.Shore Drive,Suite 100• Eagle, Idaho 83616• P 208.939.4041•www.thelandgroupinc.com
File Location: 0:\2020\120194\cad\sumey\exhibits\es 220509 emergency access easemerq aviator and ohs 120194.dwg
Last Plotted By:alex major
Data Plotted: Tuesday.May 10 20P2 at 10:42 AM
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iator Springs Subdivision BLAND
Ada School District - GROUP
LEGAL DESCRIPTION
== THE
Page 1 OF 1
LAND
GROUP
March 31, 2022
Project No.: 120194 EXHIBIT "C"
WEST ADA SCHOOL DISTRICT
EMERGENCY ACCESS EASEMENT
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 Section 32 of said Township 4 North, Range 1 West, (from
which the Center Quarter Corner of said Section 32 bears North 00°36'39" 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 89°23'21" 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 curve;
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 curve;
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 square feet more or less.
PREPARED BY:
The Land Group, Inc. L LAN
1 7 RF S�r� l
7880
0
3-31-2022
xx
James R. Washburn SR.WA
462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939,4041 thelandgroupinc.com
Curve Table
CURVE LENGTH RADIUS DELTA CHORD BEARING CHORD LENGTH
C1 83.25' 53.00' 90000'02" N45040'25"E 74.95'
C2 36.15' 23.00' 90002'31" S45040'25"W 32.54'
Line Table
C1/4 -��. .1 - — —
o�A LINE BEARING LENGTH
w5�1 GSTE Fp L1 N44°33'40"E 40.00'
rj 880 0 L2 N00°41'21"E 146.00'
a I
s3,-31-2022o L3 S89°18'44"E 38.67'
`o �`�ry�ys E OF 0 L4 S00033'03"W 30.00'
T
R.WA
I L5 N89018'44"W 38.73'
SEE DETAIL L6 S00041'21"W 174.14'
OP
EMERGENCY ACCESS EASEMENT
°r ° L7 N90 00 00 W 57.73, AREA: °° ° � ��
S89°23'21"E 1204.27'
0 POB v� L3 .,�
CD
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PARCEL"A" z 4�L
ROS 11348
CO
00
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JI I�
r 130.00'
�L7 � W
S1/4 q
SECTION 32 DETAIL
S.32 T.4N., RAW., B.M. SCALE: 1" = 150' S.32 S.331
=— 7W — R R/W _ _
S.5 Tt:
°17'50"E 2651.02'- ' 1° - RAWS.5 S.4
USTICK RD. _
d EXHIBIT "D" 0 500' l000'
Horizontal Scale:1 = 500, 120194
�. Date of Issuance:September 16,2021
THE Emer encv Access Easement r
LAND o
me _ GROUP West Ada School District r