Z - Declaration of Cross Access (Executed) ADA COUNTY RECORDER Phil McGrane 2022-077610
BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 09/07/2022 12:42 PM
CITY OF MERIDIAN, IDAHO NO FEE
RECORDING REQUESTED BYAND
WHEN RECORDED RETURN TO:
City Of Meridian
City Clerk
33 E. Broadway Ave
Meridian, Idaho 83642
DECLARATIONT
This Declaration of Cross-Access Easement(this" I ration")is made effective this 15 day
oftt1y 022 by East River Valley Street, LLC,an Idaho limited liability company,whose address is
2832 State Street, Carlsbad, CA 92008("East River Valley").
A. East River Valley is the owner of that certain property commonly known as 2590 N. Eagle
Road in Meridian, Idaho, legally described on Exhibit A and depicted on Exhibit B (the"Property").
East River Valley made application to the City of Meridian('City')for a Development
Agreement Modification (City File No. H-20 000 ),which application was approved by City on April 26,
02 (the"Modification"). The Modification requires East River Valley to develop the Property generally
consistent with the conceptual development plan depicted on Exhibit B.
C. As provided further in the Modification,and as depicted on Exhibit 13,the drive aisle on
the east side of the Property, legally described as Exhibit C(the"Drive Aisle Easement")shall terminate
at the south boundary of the Property as an emergency vehicle access to the presently vacant property
south of the Props (the"South Property"),which access shall be restricted by a gate that will allow
only emergency vehicle access so long as the South Property is not developed with commercial land
use(s)(that is,commercial land use(s)other than multifamily residential use).
D. As provided further in the Modification, if the owner of the South Props (the"South
Propertyer")develops the South Property with commercial land use(s)the emergency access shall
terminate and a recordable cross-access continuing south from the give Aisle Easement on, over, across
and through a portion of the South Props (the exact location of which is to be determined)shall be
provided by and between East River Valley and the South Property Owner(the"Southerly Easement").
E. As provided further in the Modification, if access is established leading north from the
Drive Aisle Easement across the South Slough and to N. Eagle Road/State Highway 55("Eagle Road"),
as conceptually depicted on Exhibit D, a recordable cross-access continuing north from the Drive Aisle
Easement on, over,across and through a portion(the exact location of which is to be determined)of the
presently vacant property north of the Property(the"North Property")shall be provided by and between
East River Valley and the owner of the North Property(the"North roOwner") (the"Northerly
Easement").
NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which
are hereby acknowledged, East River Valley agrees as follows:
. Grant of Access Easement. Subject to the limitations and conditions set forth herein, East River
Valley hereby declares and grants for the benefit of the South Property and/or the North Property, a non-
exclusive perpetual cross-access easement over,on,across and through the give Aisle Easement for
ingress and egress to travel between the Property and the South Property and/or the Borth Property.
2. Cross-Access Easement Between Dive Aisle and South Property. In the event the South
Property Owner develops the South Property with commercial landuse(s), East River Valley shall work
with the South Property Owner to locate the Southerly Easement and record an amended cross-access
DECLARATION F FUTURE CROSS-ACCESS T-
easement on,over,across and through a portion of the South Property(the exact location of which is to
be determined)and the Drive Aisle Easement,which cross-access easement shall be subject to the
review and reasonable approval of City. The purpose of such cross-access shall be for ingress and
egress for vehicular and pedestrian travel by East River Valley and the South Property Owner and their
respective representatives, tenants,employees,customers, invitees,and agents. No parking of any
vehicles shall be permitted on the Drive Aisle Easement and the Southerly Easement(the exact location
of which is to be determined)on the South Property.
3. Cross-Access Easement Between Drive Aisle Easement and North Property. In the event
the North Property Owner develops the North Property to establish vehicular access leading north from
the Drive Aisle Easement across the South Slough and to Eagle Road, East River Valley shall work with
the North Property Owner to locate the Northerly Easement(the exact location of which is to be
determined)and the Drive Aisle Easement,which cross-access easement shall be subject to the review
and reasonable approval of City. The purpose of such cross-access shall be for ingress and egress for
vehicular and pedestrian travel by East River Valley and the North Property Owner and their respective
representatives,tenants, employees, customers,invitees, and agents. No parking of any vehicles shall
be permitted on the Drive Aisle Easement and the Northerly Easement(the location of which is to be
determined)on the North Property.
4. Condition Precedent to Grant of Easement to the North Property and/or the South
Property. This Declaration is expressly conditioned upon the North Property Owner's grant of a recorded
reciprocal cross-access easement substantially equivalent to the provisions hereof for the benefit of the
Property, which interfaces the common property line between the Drive Aisle Easement and the North
Property at the same location as the current or amended Drive Aisle Easement as evidenced by a
document recorded against the North Property in the real property records of Ada County, Idaho.
Similarly, but only if the South Property Owner develops the South Property with commercial land
use(s),this Declaration is expressly conditioned upon the South Property Owner's grant of a recorded
reciprocal cross-access easement substantially equivalent to the provisions hereof for the benefit of the
Property,which interfaces the common property line between the Drive Aisle Easement and the South
Property at the same location as the current or amended Drive Aisle Easement as evidenced by a
document recorded against the South Property in the real property records of Ada County, Idaho.
5. Improvements and Maintenance. East River Valley agrees to improve, maintain, and keep
unobstructed a paved driveway within the Drive Aisle Easement in a smooth and evenly covered
condition in accordance with applicable City of Meridian standards.
6. Binding on Successors, Recordation. This Declaration shall be binding on East River Valley
and East River Valley's heirs, successors, administrators, executors and assigns and shall run with the
land and shall be recorded in the real property records of Ada County, Idaho.
7. Easement Obstructions. Except for the gate restricting access to and from the South Property
for emergency vehicle access,as provided further herein, no fence, landscaping, or other barrier shall be
erected or permitted within or across the Drive Aisle Easement which would prevent or obstruct the
passage of pedestrian or vehicular travel.
8. Enforcement. East River Valley shall have the right to enforce, by any proceedings at law or in
equity, all provisions of this Declaration of Cross-Access Easement.
9. Incorporation of Recitals and Exhibits. The recitals to this Declaration of Cross-Access
Easement and the exhibits attached hereto are incorporated herein by reference.
10. No Public Dedication. No use hereunder shall be deemed to constitute the Drive Aisle
Easement as a public way or a quasi-public way, but to the contrary the Drive Aisle Easement shall
constitute and remain a private way and drive.
DECLARATION OF FUTURE CROSS-ACCESS EASEMENT-2
IN WITNESS WHEREOF,the undersigned has caused this Declaration of Cross-Access
Easement to be executed the day and year first written above.
East River Valley Street, LLC, an Idaho
limited liability company
Per es, Member
State of
County of A>�r"
This record was acknowledged before me on a-t i $ 2022 by Perry Coles, as Member of East
River Valley Street, LLC.
gna�no ary public 6RiANNADENSLBY
(Stamp) Not1cry Public-State of rdaho
commission Number 20222
My commission expires: AEQ rr zszY' My Commission �xpdrps Feb 1e, 2o2s
DECLARATION OF FUTURE CROSS-ACCESS EASEMENT-3
EXHIBIT A
(East River Valley Property Legal Description)
A portion of the SoutlwmM gtrWw of the Northwest quarter of Section 4,Towns*3 North,Range i East,
Bolan Meriden,more patictderty described as follows:
Commencing at the Nottftwest comer of the Southwest quarter of the Northwest quarter of Section 4,
Township 3 North,Range 1 Ent,Solse Meridian,Ads County,Idaho;thence
South along the West fine of said Section 4,a distance of 433.62 feet to the Read Point of Beginning;thence
South 53'40'East 231.00 feet to a point;thence
North 831S0'East 114.57 fast to a point;thence
South 218.06 teat to a point;thence
West 300A0 f"i to a pant on the West line of said Section 4;thence
North 342.64 feet to the Point of Beginning.
Excepting a 25 foot strip on the West side for highway righter-way.
Also Excepting a parcel of land being on the Easterly side of the centerline of State Highway No.55(Eagle
Rowl�Project No.NH-F-3271(037)Highway Survey,as shown on the plans thereof now on filr in the office of
the Idaho Transportation Department.and being a potion of the Southwest quarter of the northwest quarter
of Section 4,Towns*3 North,Range 1 East,Boise Meridian,described as follows to-wh;
Commencing tit the Northwest corner of the Southwest quarter of the Northwest quarter of Section 4,
Township 3 Nortft,Range 1 East,Boise Meridian that beers North 89'2T47'West 0.34 fee!from Station
165+31.73 of uM State Highway No.55(Eagle Road),pr *i NH-F-3271(037)Highway Survey;thence
South 0036'13"West(shown of record to be South)along the West line of said Southwest quarter of the
Northwest gtair6er a distance of 765.43 feet(shown of record to be 776.26 feet)to the Southwest comer of
the tract of land as desalbod in that certain Wwranty Deed dated Jw uary 24,1975,recorded Jonuary 24,
1975,as Instrument No.9120K records of Ada County,Idaho,sand comer being a point in the centerline of
said State Highway No.55,that is coincident wilt►Station 147+66.31 of acid Highway Survey and being the
Real Place of Beginning:thence
South 89'2347"East(shown of record to be East)along the South fine of said tract of land 70.0 feet to a
point In a lire parallel with and 70.0 feat Easterly from the centerline and Mara South 89923'47"East from
Station 147+60.31 of said Highway Survey;thence
North 0'3V13'East along said parallel lino a distance of 291.05 feet to a point in the Northerly line of said
tract of land and being opposite Station 150+57.35 of aeW Highway Sunray;ther"
North 53"03'47"West(shown of record to be North 5394(r West)along said Northerly line 86.89 feet to the
Northwest comer of said tract of land,said corner being a point hi the West lme of said Southwest quarter of
the Northwest quarter,said West line being coincident with the centerline of said State Highway No.55,and
said point being coincident with Station 151+08.84 of said Highway Survey;thence
South 0'36'13"West along said West One being coincident with sald centerline 342,53 feet to the Real Place
of Beginning-
EXHIBIT A
EXHIBIT
(Depiction of East River Va Il y Property)
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EXHIBIT B
EXHIBIT C
(Legal Description of Drive Aisle Easement)
A Portion of the southwest quarter of the northwest quarter of section 4,township 3 North.
Range I East.Boise hieddian.more particular) described as Mows,
Commencing at the northwest comer of said Section 4 thence on the west line of said
Section 4 S00036'00-W a distance of 2.067.45 feet;thence at right angles S89°2.4'00`E a
distance of 70.00 feet to the northwest comer of Parcel A as shown on Record of Survey
No. 12580_Ada County Records; Thence on the north line of said Parcel A 5891123-52"E
a distance of 182.36 feet to the True Point of Beginning:thence Nr}0°00'00'E a distance
of 212.69 feet to a paint on the south line of Parcel 6 as shown on Record of Survey No.
12423,, Ada County Records: thence on the south line of said Parcel B N84026'08*E a
distance of 25,12 feet: thence SOMO'00"E a distance of 215.39 feet to a point on the
north tine of said Parcel A; thence on said north line N89023'52"W a distance of 25 00
feet to the Point of Beginning
Containing 5.351 Square Feet more or less
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EXHIBIT C
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EXHIBIT D
(Concept Plan-Access Across the Property and the North Property)
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# LOT 24 BLOCK 49
LOCHSA FALLS SUB.NO. 12
BOOK 92 PAGE 10958-10960
4
EXHIBIT D