Z - Access Easement Recorded 8.3.22ADA COUNTY RECORDER Phil McGrane 2022.069128
BOISE IDAHO Pgs=7 VICTORIA BAILEY 08/03/2022 03:21 PM
ELAM & BURKE AMOUNT:$28,00
Recording requested by and 1111111111111111111111111111111111111111111111111
after recording return to: 01181964202200691280070076
Elam & Burke, P.A.
P.O. Box 1539
Boise, Idaho 83701
Attn. Amanda K. Schaus
DECLARATION OF EMERGENCY ACCESS EASEMENT
This DECLARATION OF EMERGENCY ACCESS EASEMENT ("Declaration") is made this 3 VT .
day of 7�it !d, , 2022, by ST INVESTMENTS, INC., an Idaho corporation ( "Grantor") with an
address of 3775 N. Eagle Road, Meridian, Idaho 83646, on the terms and conditions set forth herein.
RECITALS
A. Grantor is the owner of certain real property in Meridian, Idaho, described in Exhibit A and depicted
on Exhibit C ("Property").
B. In Grantor's development of the Property, consistent with the requirements of the City of Meridian,
Grantor desires to grant an access easement over a portion of its Property to benefit the adjoining real
property as described in Exhibit B ("Benefited Parcel") for emergency vehicular access through the
Property.
C. Grantor agrees to provide emergency vehicular access to the Benefited Parcel in that portion of the
Property described and depicted in Exhibit C ("Easement Area"), subject to the terms and conditions
stated herein.
DECLARATION
For the uses and on the terms and conditions hereinafter set forth and subject to the
limitations set forth herein, Grantor does hereby grant, convey and confirm an easement pursuant to
the terms of this Declaration under, over, through and across the Easement Area.
This grant is made on the following terms and conditions:
1. Grant of Easement. Subject to the limitations below, Grantor grants, conveys, and confirms a
perpetual, non-exclusive easement for emergency vehicle ingress and egress across the Easement Area
to and from the Benefited Parcel ("Easement'). This Declaration is hereby expressly limited by the
following:
(a) No other use is permitted within the Easement Area for the Benefited Property except the use
specifically described in the Easement.
(b) Grantor will install bollards in the Easement Area as acceptable to the Meridian City Fire
Department. Consistent with the non-exclusive nature of the Easement, Grantor reserves the right to
place additional improvements within the Easement, and to grant additional easements and rights of
way, so long as emergency vehicle ingress and egress in the Easement Area is not materially impaired.
DECLARATION OF EMERGENCY ACCESS EASEMENT - 1
(c) The Easement may be relocated from time to time by Grantor as permitted in Idaho Code
Section 55-313.
2. No Public Rights. Nothing contained herein shall, or shall be deemed to, constitute a gift or
dedication of any portion of the Easement Area to the general public for the benefit of the general
public or for any public purpose whatsoever. Grantor shall be permitted, from time to time, to take
whatever reasonable action it may deem necessary to prevent any portion of the Easement Area
encumbered by this Declaration from being dedicated or taken for public use or benefit.
3. Indemnification. Any person or party utilizing the Easement Area shall indemnify, defend,
protect and hold harmless Grantor, its successors and assigns, for, from and against any and all
liabilities, claims, damages, expenses (including, without limitation, reasonable attorneys' fees and
reasonable attorneys' fees on any appeal), judgments, proceedings and causes of action of any kind
whatsoever resulting from the exercise of the rights granted herein and/or the use of the Easement,
except to the extent caused by Grantor or Grantor's agents, employees, contractors, or licensees.
4. Binding Effect. This Declaration, and the covenants and agreements herein contained, shall run
with the land and, during the entire term hereof, shall be binding upon Grantor and its successors and
assigns.
5. Governing Law. This Declaration herein granted shall be governed by, construed and enforced
in accordance with the laws of the State of Idaho. This Declaration shall be recorded in Ada County,
Idaho.
EXECUTED EFFECTIVE by and on behalf of Grantor, the day, month and year first written above.
GRANTOR:
ST INVESTMENTS, INC.,
an Idaho corporation
By:
Steve Eddy, President
State of Idaho
County of Ada
This record s acknowledged before me on tl'Z , 2022, by Steve Eddy as
Pre�,id�pt o Sl INVESTMENTS, INC., an Idaho corporation.
SignkA of Atary public n
My commission expires: 7 V 1
DECLARATION OF EMERGENCY ACCESS EASEMENT - 2
CHAD E LARSON
COMM. #38843
NOTARY PUBLIC
STATE OF IDAHO
EXHIBIT A
Property
A parcel of land being a portion of Lot 2, Block 1 of Jasmine Acres Subdivision (Book 59 of
Plats at pages 5,829 through 5,830, records of Ada County, Idaho), a portion of Lots 18,19
and 26, Block 2 of Centrepointe Subdivision No. 2 (Book 110 of Plats at pages 15,889-15,892,
records of Ada County, Idaho) and a portion of the Northeast 1/4 of the Southeast 1/4 of
Section 32, situated in the Northeast 1/4 of the Southeast 1/4 of Section 32, Township 4
North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho and being more
particularly described as follows:
Commencing at a found brass cap monument marking the East 1/4 corner of said Section
32, which bears N00029'48"E a distance of 2,654.28 feet from a found brass cap monument
marking the Southeast corner of said Section 32, thence following the easterly line of said
Northeast 1/4 of the Southeast 1 /4, 500°29'48"W a distance of 664.52 feet to a set 5/8-inch
rebar and being the POINT OF BEGINNING.
Thence following said easterly line, S00029'48"W a distance of 225.00 feet to a set 5/8-inch
rebar; Thence leaving said easterly line, N89'47'12"W a distance of 25.00 feet to a found
5/8-inch rebar on the westerly right-of-way line of North Eagle Road;
Thence following said westerly right-of-way line, 500029'48"W a distance of 59.60 feet to a
set5/8- inch rebar;
Thence leaving said westerly right-of-way line, N89'30'12"W a distance of 57.62 feet to a
set 5/8- inch rebar;
Thence S77'02'05"W a distance of 133.36 feet to a set 5/8-inch rebar;
Thence S89059'29"W a distance of 195.15 feet to a set 5/8-inch rebar on the easterly
boundary line of Brickyard Subdivision No. 1 (Book 113 of Plats at pages 16,540-16,542,
records of Ada County, Idaho);
Thence following said easterly boundary line the following three (3) courses:
1. N00°00'03"E a distance of 95.05 feet to a found 5/8-inch rebar;
2. N44059'16"E a distance of 64.90 feet to a found 5/8-inch rebar;
3. N00'00'58"W a distance of 174.35 feet to a found 5/8-inch rebar on the southerly
boundary of Parcel A per Record of Survey No. 9796 (Instrument No. 114028946,
records of Ada County, Idaho) and marking the northeast corner of said Brickyard
Subdivision No. 1;
Thence leaving said easterly subdivision boundary line and following said southerly boundary
line, S89'47'12"E a distance of 364.37 feet to the POINT OF BEGINNING.
Said parcel contains 2.611 acres (113,730 square feet), more or less, and is subject to all
existing easements and/or rights -of -way -of record or implied.
DECLARATION OF EMERGENCY ACCESS EASEMENT - 3
EXHIBIT B
Benefited Parcel
Real property in the City of Boise, County of Ada, State of Idaho, described as follows:
PARCEL A OF RECORD OF SURVEY NO. 9794 RECORDED APRIL 18, 2014 AS
INSTRUMENT NO. 114028946 BEING A PORTION OF LOT 2 IN BLOCK 1 OF JASMINE
ACRES SUBDIVISION AS RECORDED IN PLAT BOOK 59 AT PAGES 5829 THROUGH
5830, RECORDS OF ADA COUNTY, IDAHO, AND FURTHER SITUATED IN A PORTION
OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32,
TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF BOISE, ADA
COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A BRASS CAP MARKING THE EAST QUARTER CORNER OF
SAID SECTION 32, WHICH BEARS NORTH 00°29'48" EAST A DISTANCE OF 2,654.28
FEET FROM A BRASS CAP MARKING THE SOUTHEAST CORNER OF SAID
SECTION 32, THENCE FOLLOWING THE EASTERLY LINE OF SAID SOUTHEAST
QUARTER, SOUTH 00°29'48" WEST A DISTANCE OF 150.00 FEET TO A POINT;
THENCE LEAVING SAID EASTERLY LINE, NORTH 89-47-12" WEST A DISTANCE OF
25.00 FEET TO A 1/2-REBAR MARKING THE NORTHEAST CORNER OF SAID LOT 2
AND BEING THE POINT OF BEGINNING.
THENCE FOLLOWING THE NORTHERLY LINE OF SAID LOT 2, NORTH 89.4712"
WEST A DISTANCE OF 434.96 FEET TO A 1/2- REBAR MARKING THE NORTHWEST
CORNER OF SAID LOT 2;
THENCE LEAVING SAID NORTHERLY LINE AND FOLLOWING THE WESTERLY
LINE OF SAID LOT 2, SOUTH 00°29'48" WEST A DISTANCE OF 514.52 FEET TO A
1/2-REBAR;
THENCE LEAVING SAID WESTERLY LINE OF SAID LOT 2, SOUTH 89°47'12" EAST A
DISTANCE OF 434.96 FEET TO A 5/8-INCH REBAR ON THE WESTERLY RIGHT-OF-
WAY LINE OF N. EAGLE ROAD;
THENCE FOLLOWING SAID WESTERLY RIGHT-OF-WAY LINE AND THE EASTERLY
LINE OF SAID LOT 2, NORTH 00°29'48" EAST A DISTANCE OF 514.52 FEET TO THE
POINT OF BEGINNING.
DECLARATION OF EMERGENCY ACCESS EASEMENT - 4
EXHIBIT C
Easement Area
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