Z - Declaration of Cross Acess Agreement ADA COUNTY RECORDER Christopher D. Rich 2017A 03145
BOISE IDAHO Pgs=7 DAN RYALLS 10127/2017 03 :24 PM
BORTON LAKEY LAW AMOUNT:$28.013
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00426042201701031450070078
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Meridian
City Clerk
33 E. Broadway Ave
Meridian, Idaho 83642
DECLARATION OF CROSS-ACCESS EASEMENT
This Declaration of Cross-Access Easement is made effective this 24th day of
October , 2017 by Babcock LLC, an Idaho limited liability company ("Grantor"), for the
benefit of the owner of property commonly known as 2975 E. Franklin Rd ., Meridian Idaho, (the
"Grantee") and more particularly described herein .
RECITALS :
WHEREAS , Grantor is the owner of that certain property near the corner of East Franklin
Road and North Olson Avenue in Meridian, Idaho, as more fully described in Exhibit A , which
exhibit is attached hereto and incorporated herein ("Grantor' s Property");
WHEREAS, in the development approval process, Grantor agreed to provide cross-
access for interconnectivity in favor of that certain adjoining property identified as Ada County
Parcel Number S 1117110201 more fully described in Exhibit B, which exhibit is attached hereto
and incorporated herein ("Grantee ' s Property");
WHEREAS, Grantor desires to grant to Grantee, and it successors an easement for
ingress and egress across the Grantor' s property under the terms and conditions outlined
hereafter.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Grantor does hereby declare and establish the following
covenants and easements :
1 . Grant of Access Easement. Grantor hereby declares and grants for the benefit of
Grantee ' s Property a non-exclusive perpetual cross-access easement over, on, across, and
through the Cantor' s Property for ingress and egress to travel between the public right of way
and locations titled Access Point A and Access Point B legally described on Exhibit C and
graphically depicted on Exhibit D. Subject to the limitations set forth herein, Grantor shall
provide continuous interconnectivity between Access Point A, Access Point B, and the public
right of way (the "Easement Area") ,
2. Purpose of Easement. The Easement shall be used for ingress and egress for vehicular
travel, pedestrian travel by Grantee and its respective representatives, tenants, employees,
DECLARATION OF CROSS-ACCESS EASEMENT - 1
customers, invitees, and agents . No parking of any vehicles shall be permitted on the Easement
Area.
3. Condition Precedent to Grant of Easement. The grant of the Easement Area by
Grantor in Paragraph 1 , above, is expressly conditioned upon the Grantee ' s grant of a reciprocal
cross-access easement substantially equivalent to the provisions hereof for the benefit of the
Grantor' s Property, which interfaces the common property line at the same location as legally
described in Access Point B .
4. Relocation. Grantor may relocate the Easement Area so long as the relocated easement
area provides a comparable cross-access connection between Grantee ' s Property, other adjoining
properties, and the public right of way. Prior to any proposed relocation of the easement area,
Grantor shall give the City of Meridian thirty (30) day' s written notice of such proposed
relocation to allow for the City of Meridian to review and approve the relocation proposal , which
approval shall not be unreasonably delayed or denied .
5. Improvements and Maintenance. Grantor agrees to improve, maintain, and keep
unobstructed a paved driveway within the Easement Area in a smooth and evenly covered
condition in accordance with applicable City of Meridian standards.
6. Binding on Successors, Recordation. This Easement shall be binding on Grantor' 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. No fence, landscaping, or other barrier shall be erected or
permitted within or across the Easement Area which would prevent Or obstruct the passage of
pedestrian or vehicular travel . Grantor reserves the right to close off the Easement for such
reasonable period of time as may be legally necessary to prevent the acquisition of prescriptive
rights by anyone; provided, however, that prior to taking such action Cantor shall give written
notice to Grantee of its intention to do so, and to the extent reasonably possible, the parties shall
coordinate such closing so that the interruption in the use and enjoyment of the Easement is kept
to a minimum .
8. Enforcement. Grantor or Grantee 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.
lot Dedications. Grantor excepts and reserves unto itself, its successors and assigns, the
right to dedicate the Easement as a public street or drive at any time at its sole election . Upon
any such dedication all private rights of Grantee therein shall automatically terminate and expire.
Until and unless an express dedication is made of the Easement, no use hereunder shall be
deemed to constitute the Easement as a public way or a quasi -public way, but to the contrary the
Easement shall constitute and remain a private way and drive. No dedication shall, however, be
made of the Easement unless :
DECLARATION OF CROSS-ACCESS EASEMENT - 2
a. Such Easement is accepted by the public entity for maintenance as a public street
or drive; and
b. The dedication does not preclude or prevent the continued use by Grantee of the
entrance to and exit from the Easement then being used incident to the Grantee 's Property,
IN WITNESS WHEREOF, the undersigned have caused this Access Easement to be
executed the day and year first written above.
GRANTOR: Babcock, LLC
By,: Chad Babcock
Its : Member
STATE OF IDAHO )
ss .
County of Ada )
On this '—day of Ct)(A*r 2017, before me, a Notary Public in and for the
State of Idaho, personally appeared CHAD BABCOCK, known or identified to me, to be a
member of the limited liability company that executed the instrument on behalf of said limited
liability company acknowledged to me that such limited liability company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
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DECLARATION OF CROSS-ACCESS EASEMENT - 3
EXHIBIT A
(Grantor's Property Legal Description)
Parcel is
A parcel of land located in the Northeast quarter of the Northeast quarter of Section 17, Township 3 North, Range 1
East, Boise Meridian, Meridian, Ada County, Idaho more particularly described as follows:
Commencing at the Northeast corner of said Section 17 from which North quarter comer of said
Section 17 bears North 89°54'57" West, 2517,05 feet; thence along the North boundary line of said Section 17
North 89°54'57" West, 870.46 feet; thence leaving said North boundary line
South 00 °01 '38" West, 40.00 feet to a point on the South right of way line of West Franklin Road; thence along said
South right of way line
North 89054'57" West, 300.00 feet to the Real Point of Beginning; thence leaving said South right of way line
South 00"00"38" West, 371 .07 feet to a point on the Northerly boundary line of Greenhill Estates No, 3 as filed in
Book 43 of Plats at Page 3487, records of Ada County, Idaho; thence along said Northerly boundary line
North 87041 '44" West, 115,09 feet to a point on the East boundary line of Greenhill Estates No, 2 as filed in Book 35
of Plats at Page 3002, records of Ada County, Idaho; thence
North 00000'38" East, 36631 feet to a point on the South right of way of West Franklin Road; thence along said
South right of way line
South 89054'57" East, 115.00 feet to the Real Point of Beginning.
Parcel II :
A parcel of land located in the Northeast quarter of the Northeast quarter of Section 17, Township 3 North, Range 1
East, Boise Meridian, Meridian, Ada County, Idaho more particularly described as follows:
Commencing at the Northeast corner of said Section 17 from which North quarter corner of said
Section 17 bears North 89`54'57" West, 2517,05 feet; thence along the North boundary line of said Section 17
North 89054'57" West, 870,46 feet; thence leaving said North boundary line
South 00001 '38" West, 40,00 feet to a point on the South right of way line of West Franklin Road, said point also
being the Real Point of Beginning; thence continuing
South 00601 '38" West, 382 ,69 feet to a point on the Northerly boundary line of Greenhill Estates No. 3 as filed in
Book 43 of Plats at Page 3487, records of Ada County, Idaho; thence along said Northerly boundary line
North 87°41 '44 West, 300. 13 feet; thence leaving said Northerly boundary line
North 00000'38" East, 371 ,07 feet to a paint on the South right of way of West Franklin Road ; thence along said
South right of way fine
South 89°54'57" East, 300.00 feet to the Real Point of Beginning .
DECLARATION OF CROSS-ACCESS EASEMENT - 4
EXHIBIT B
(Grantee's Property)
A tract of land located in the Northeast quarter of Section 17, Township 3 North, Range I East,
Boise Meridian, Ada County Idaho, more particularly described as follows :
Beginning at the Northeast comer of Section 17, Township 3 North, Range 1 East, Boise
Meridian; thence running North B9'54' 15 " West along the section line, a distance of 615 .313 . feet
to the REAL POINT OF BEGINNING;
thence running North 89'54' 15 " West along thll section line n distance ot254.52 feet to a point;
thence running South 00°02'20 " West, a distance of 423 .0 feet to a point; thence running South
B9" - 54' 15 " East, a distance of 260.0 feet to a point, thence running North 00°05'45 " East, 1 I
distance of 246.2 feet to a point; thence running North 48°08'38 " East, a distance of 75 .7 feet to a
point; thence running North 38° 51 '50 " West, a distance of 103 .1 feet to a point; thence running
North 03 °08'36 " East, n distance of 46 .0 feel to the REAL POINT OF BEGINNING.
EXCEPT the North 40 feet conveyed to Ada County Highway District, by deed recorded as
Instrument No . 7812898',
AND EXCEPT that portion thereof conveyed to Ada County Highway District by deed recorded
as Instrument No . 104058756
AND EXCEPT Ditch and Road rights-of-way.
DECLARATION OF CROSS-ACCESS EASEMENT - 5
EXHIBIT C
(Easement Legal Description)
October 2, 2017
DESCRIPTION FOR
ADJOINER'S ACCESS POINTS
JUMP TIME-MERIDIAN
ACCESS POINT "A"
An access point located In the Northeast 114 of the Northeast 1 /4 of Section 17,
Township 3 North , Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho
being more particularly described as follows:
Commencing at the Northeast corner of said Section 17 from which the North
1 /4 corner of said Section 17 bears North 89054'57" West, 2571 .05 feet;
Thence along the North boundary line of said Section 17 North 89�54'57" West,
1285.47 feet;
Thence leaving said North boundary line South 00000'38" West, 202.00 feet to
the REAL POINT OF BEGINNING of said access point;
Thence South 00°00'38" West, 24.00 feet to the terminus of said access point.
ACCESS POINT "B"
An access point in the Northeast 1/4 of the Northeast 1/4 of Section 17,
Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho
being more particularly described as follows:
Commencing at the Northeast corner of said Section 17 from which the North
1 /4 corner of said Section 17 bears North 89054'57" West, 2571 .06 feet;
Thence along the North boundary line of said Section 17 North 89054'57" West,
870.46 feet;
Thence leaving said North boundary line South 00001 '38" West, 188.00 feet to
the REAL POINT OF BEGINNING of said access point;
Thence continuing South 00001 '38" West, 24.00 feet to the tenninus of said
access point.
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DECLARATION OF CROSS-ACCESS EASEMENT - 6
EXHIBIT D
18 1 /4 BASIS OF BEARING
_ W. FRANKLIN RO _ 489'5C57"W 2571 .05_ - - - _ 18 9
17 1285.56' - - - - - W� - - 475.07 ' - - " 0 870.46' 17 18
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DECLARATION OF CROSS-ACCESS EASEMENT - 7
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