Aegean Estates Subdivision No. 3 Emergency Access Easement ESMY-2023-0080 (2023-037610)Aegean Estates Subdivision No. 3
Emergency Access Easement No. 1—
ESMT-2023-0080
ADA COUNTY RECORDER Trent Tripple 2023-037610
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 06/30/2023 08:08 AM
MERIDIAN CITY NO FEE
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01266627202300376100060063
EMERGENCY ACCESS EASEMENT AGREEMENT
THIS AGREEMENT made this 27th day of June , 20 23 , between
Challenger Development Inc._, 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 82,000 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. The term "structures" includes,
but is not limited to, buildings, trash enclosures, carports, sheds, fences, trees, and shrubs. THE
GRANTOR further covenants and agrees there shall be no parking of vehicles within the
easement area.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that
the Grantor shall repair and maintain the access roadway improvements.
Page 1 04/17/2023
EMERGENCY ACCESS EASEMENT
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
CHALLENGER DEVELOP T I C.
Corey D. arton, Presi
STATE OF IDAHO )
)ss
County of Ada )
This record was acknowledged before me on O Zd Z3 Late by Corey D. Barton, on
behalf of Challenger Development Inc.,in the following representative capacity:
President.
���NN�rIuN��iy�
GCA C MC��ii�i
w'y P(jBliy
MY COMMISSION
EXPIRES 8-16-2024 = Notak Signature c7
My Commission Expires: d - 1!"ZUL�
/ 8/ON il'11ig��\\\\,
EMERGENCY ACCESS EASEMENT Page 2 04/17/2023
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 6-27-2023
Attest by Chris Johnson, City Clerk 6-27-2023
STATE OF IDAHO, )
) ss.
County,of Ada )
This record was acknowledged before me on 6-27-2023 (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
EMERGENCY ACCESS EASEMENT Page 3 04/17/2023
Exhibit A
,Legal Description
Temporary Access Easement
Aegean Estates Subdivision No. 3
An easement located in the S '/2 of the NW'/4 of Section 33, Township 4 North, Range 1 West, Boise
Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at an Aluminum Cap monument marking the southwest corner of the NW%4 of said
Section 33, from which a Brass Cap monument marking the northwest corner of said NW'/4 of Section
33 bears N 0032'42" E a distance of 2633.74 feet;
Thence S 89017'46" E along the southerly boundary of said NW %4 a distance of 2637.80 feet the
southeast corner of said NW '/4;
Thence leaving said boundary N 44044'17" W a distance of 641.06 feet to the POINT OF
BEGINNING;
Thence a distance of 20.05 feet along the arc of an 84.00 foot radius non-tangent curve left, said
curve having a central angle of 13040'27" and a long chord bearing N 47044'54" W a distance of 20.00
feet to a point;
Thence N 42015'06" E a distance of 149.59 feet to a point of curvature;
Thence a distance of 35.62 feet along the arc of a 30.00 foot radius curve left, said curve having a
central angle of 68001'57" and a long chord bearing N 8014'07" E a distance of 33.57 feet to a point of
reverse curvature;
Thence a distance of 25.07 feet along the arc of a 135.00 foot radius curve right, said curve having a
central angle of 10038'17" and a long chord bearing N 20027'42" W a distance of 25.03 feet to a point;
Thence N 74051'27" E a distance of 20.00 feet to a point on a curve;
Thence a distance of 45.36 feet along the arc of a 115.00 foot radius non-tangent curve left, said
curve having a central angle of 22035'51" and a long chord bearing S 26026'29" E a distance of 45.06
feet to a point of reverse curvature;
Thence a distance of 13.96 feet along the arc of a 10.00 foot radius curve right, said curve having a
central angle of 79059'30" and a long chord bearing S 2015'21" W a distance of 12.85 feet to a point of
tangency;
Thence S 42'15'06" W a distance of 179.52 feet to the POINT OF BEGINNING.
Said easement contains 4,638 square feet (0.106 acres) more or less and �\o Np,l LANOsG
is subject to any other easements existing or in use. �� �S T o 1Z_
a Clinton W. Hansen, PL 1111 8
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Land Solutions, PC n 1k I P =
May 2, 2023 %j, TF OF �� 5�
TAN W NPR
Uilnd :7 Olutio s Aegean Estates Subdivision No.3
Land surveying and Consulting Access Easement
Job No. 19-45
Page 1 of 1
Exhibit B
AEGEAN ESTATES SUBDIVISION NO. 3
TEMPORARY ACCESS EASEMENT EXHIBIT
LOCATED IN THE S 1/2 OF THE NW 1/4 OF SECTION 33, T. 4 N., R. 1 W., B.M.
CITY OF MERIDIAN, ADA COUNTY, IDAHO
29 f 2s W. McMILLAN ROAD
32r�33
AEGEAN (ESTATES SUBD. NO. 2 I olE
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AEGEAN ESTATES SUBD. N0. 3
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. -S89'17' 2637.80'` . . . . _ .
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CURVE TABLE 0' 60' 120' 240'
CURVE # LENGTH RADIUS DELTA BEARING CHORD
C1 20.05' 84.00' 113'40'27" N47-44'54"W 20.00'
C2 35.62' 30.00' 68'01'57" N8'14'07"E 33.57'
C3 25.07' 135.00' 10-38'17" N20'27'42"W 25.03'
C4 45.36' 115.00' 22-35'51 S26'26'29"E 45.06' LLan4?1Utm""ons
veying and Consulting
231 E 5TH ST,STE.A
C5 13.96 10,00 79.59 30 S2'15 21 W 12.85 MERIDIAN,ID 83642
(208)288-2040 (208)288-2557 fax
www.landsoluuons.biz JOB NO. 19-45