Stapleton Apartments Emergency Access Easement Agreement ESMT-2023-0101 (2023-053910) ADA COUNTY RECORDER Trent Tripple 2023-053910
BOISE IDAHO Pgs=5 VICTORIA BAILEY 09/20/2023 10:45 AM
ESMT-2023-0101 CITY OF MERIDIAN, IDAHO NO FEE
Project Name(Subdivision): Stapleton
Apartments-C4 Land LLC to City of Meridian
Emergency Access Easement Number: 1
EMERGENCY ACCESS EASEMENT AGREEMENT
THIS AGREEMENT made this 19th day cf September 2023 between C4
Land 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(f development approval;and
WHEREAS,Grantor shall 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, Biltmore Estates, LLC(owner of Graycliff multi-family parcel S 1225418970) 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 a ccess.Pursuant to the International Fire Code,this access road
shall be constructed of an improved surface capable cf supporting 80,000 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 d' the easement area that would materially impair the normal operation
or use of the easement area for emergency vehicular purposes.No parking cf 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 Biltmore Estates, LLC (owner of Graycliff multi-family parcel S 1225418970) shall repair
and maintain the emergency access roadway improvements. The easement area shall be
maintained 365 days a year, including grading and plowing.
EMERGENCY ACCESS EASEMENT,PAGE 1 6/13/2022
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 sucli 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 lavfully 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: C4 LAND LLC
STATE OF IDAHO )
ss
County of Ada ) /]
This record was acknowledged before me on /Zdate)by Jim D. Conger
on behalf'of C4 Land LLC,in the following re resentative capacity: Member
A A.p� •
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EMERGENCY ACCESS EASEMENT,PAGE 2 06/13/2022
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 9-19-2023
Attest by Cliris Johnson,City Cleric
9-19-2023
STATE OF IDAHO, )
) ss.
County of Ada }
This record was acknowledged before me on 9-19-2023 (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 SignatWeridian, ID
Residing at
My Commission Expires: 3-28-2028
Et4ERGENCY ACCESS EASEMENT,PAGE 3 05/19/2022
EXHIBIT A
Legal Description
Graycliff Multi-Family — Emergency/Secondary Access Easement
An easement being located in the SE %4 of Section 25, Township 3 North, Range 1 West, Boise
Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows..
Commencing at a point marking the northeast corner of said SE '/4('/corner),from which a
point marking the southeast corner of said SE Y4 bears S 0032'44"W a distance of 2664.85 feet;
Thence along the northerly boundary of said SE '/4 N 89°29'05"W a distance of 1320,30 feet to
a point marking the northwest corner of the NE '/ of the SE '/ (CE 1/16 Corner) of said Section
25;
Thence leaving said northerly boundary S 5°54'20" E a distance of 283.45 feet to the POINT OF
BEGINNING;
Thence a distance of 17.16 feet along the arc of a 218.50 foot radius non-tangent curve left,
said curve having a central angle of 4n29'57" and a long chord bearing S 56°12'52" E a distance
of 17.15 feet to a point;
Thence S 58027'51" E a distance of 2.86 feet to a point;
Thence S 31°32'09"W a distance of 125.43 feet to a point;
Thence N 58'49'16"W a distance of 20.00 feet to a point;
Thence N 31°32'09" E a distance of 126.23 feet to the POINT OF BEGINNING.
This easement contains 2514 square feet (0.058 acres) and is subject to any other easements
existing or in use.
Clinton W. Hansen, PLS LPL uallo s
Land Solutions, PC FR Gpm
February 16, 2022 `
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Graycliff Multi-Family
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EXHIBIT B
GRAYCLIFF MULTI-FAMILY EMERGENCY/SECONDARY ACCESS EASEMENT
CE 1/16 S89'29'05"E 1320.30' W. HARRIS ST. 1/4
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