Horse Meadows Emergency Access Easement Agreement No. 1 ESMT-2022-0204 (2022-065023) ADA COUNTY RECORDER Phil McGrane 2022-065023
BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 07/20/2022 08:07 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2022-0204 Horse Meadows
Emergency Access Easement
Agreement No. 1
EMERGENCY ACCESS EASEMENT AGREE
THIS AGREEMENT made this 19th day of JUlY 20 22, between
Black Cat 30, 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
STATE OF IDAHO )
ss
County of Ada )
This record was acknowledged before me on (date) by
on behalf of -ire following
representative capacity: e of authority such as officer or
trustee)
Notary Signature
My Commission Expires:
EMERGENCY ACCESS EASEMENT,PAGE 2 02/14/2020
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I
ACKNOWLEDGMENT
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t
E
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Joaquin )
On Diane D. Woods, a notary public
.�•�-� =before me, Di D Wd t bli
_ _
�6J
(insert name and title of the officer)
personally appeared �'� nol,{ — ~�— _
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
j his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNES hand and official seal. ���;;� .„f DIANED.WOODS
( y Notary Public-California
as• = San Joaquin County }
Commission N 2Lct5,*'2022
° My Comm.Expires
Signature (Seal)
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I GRANTEE: CITY OF MERIDIAN
i
Robert E. Simison, Mayor 7-19-2022
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Attest by Chris Johnson, City Clerk 7-19-2022
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ISTATE OF IDAHO, )
ss.
County of Ada )
This record was acknowledged before me on 7-19-2022 (date)by Robert E. Simison and
iChris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,
respectively.
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I
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Notary Signature
j My Commission Expires:_3-28-2028
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EMERGENCY ACCESS EASEMENT,PAGE 3 02/14/2020
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EMERGENCY ACCESS EASEMENT
DESCRIPTION
EXHIBIT"A"
The following Describes a Parcel of Land for the Purpose of an Emergency Access
Easement being a Portion of County Tax Parcel No. S1210325501 located at
710 North Black Cat Road lying in a portion of the NW 1/4 SW 1/4 of Section 10,
Township 3 North, Range 1 West, Boise Meridian, Ada County Idaho being more
particularly described as follows:
COMMENCING at the West 1/4 Corner of said Section 10 which is being Monumented
with a found Brass Cap; From which, the Southwest Corner of said Section 10
bears, South 00025'34" West, 2653.03 feet which is being Monumented with a
found Aluminum Cap; Thence along the Westerly Boundary Line of the NW 1/4
of said Section 10, South 00025'34" West, 422.03 feet to a point; Thence leaving
said Westerly Boundary Line, South 89034'50" East, 38.00 feet to the Easterly
Right of Way Line of North Black Cat Road, the POINT OF BEGINNING:
Thence along the Easterly Right of Way Line of North Black Cat Road, North 00°25'34"
East, 30.00 feet to a point;
Thence leaving said Right of Way Line, South 89°34'50" East, 414.14 feet to a point;
Thence, South 84°33'47" East, 73.23 feet to a point;
Thence, South 00025'34" West, 23.60 feet to a point;
Thence, North 89034'50" West, 487.09 feet to the POINT OF BEGINNING:
The above Described Parcel of Land contains 0.33 Acres (14,380 Sq. Ft.), more or
less.
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EMERGENCY ACCESS EASEMENT 5/11/2022
Scale: 1 inch= 64 feet File:
Tract 1:0.3301 Acres(14380 Sq.Feet),Closure:n00.0000e 0.00 ft.(1/218769),Pe rimeter=1028 ft.
01 n00.2534e 30
02 s89.3450e 414.14
03 s84.3347e 73.23
04 s00.2534w 23.6
05 n89.3450w 487.09