Easement - Mosca Seca Sub No 2 - 11/10/2015AUA l.uury I Y KtuumutK unnsiopner u. KICn 2015- 103506
BOISE IDAHO Pgs =8 BONNIE 11/10/2015 03:52 PM
EAGLE CITY NO FEE
IIIIIIIIIII III IIIIIIIIIIIII I IIIIII IIIIIIllllll III
00164361201601036060080080
EMERGENCY ACCESS EASEMENT AGREEMENT
THIS EMERGENCY ACCESS EASEMENT AGREEMENT (the "Agreement ") is made
by and between Brahma, LLC, an Idaho limited liability company ( "Brahma "), the Legacy
Community Association, Inc., an Idaho non - profit corporation (the "HOA ") (collectively the
"Grantor "), and the City of Eagle, an Idaho municipal corporation (the "Grantee "). Grantor
and Grantee are sometimes individually referred to herein as a "Party," and collectively referred
to herein as the "Parties."
Recitals
A. Brahma is the owner of Lot 116, Block 6, Mosca Seca Subdivision No. 2,
according to the official plat thereof, records Ada County, Idaho, Instrument No. 108096411
( "Lot 116 "); and the HOA is the owner of Lot 4, Block 6, Mosca Seca Subdivision No. 2,
accordingly the official plat thereof, records Ada County, Idaho Instrument No. 108096411 (the
"Common Lot ").
B. The western boundary of Lot 116 is contiguous to the Common Lot's eastern
boundary and a portion of the western boundary of the Common Lot is contiguous to that certain
parcel of real property platted as Snoqualmie Falls Subdivision No. 6, according to the official
plat thereof, records Ada County, Idaho, Instrument No. 2D15- oaP15o3( "Snoqualmie Falls
No. 6 ").
C. Platted within Snoqualmie Falls No. 6 is W. Striker Court, a public street
dedicated to the Ada County Highway District.
D. The cul -de -sac at the eastern end of W. Striker Court is contiguous to a portion of
the Common Lot such that access from W. Striker Court and all of the lots in Snoqualmie Falls
No. 6 to N. Synergy Lane, and the street system in Mosca Seca Subdivision No. 2 can be
obtained by crossing over a portion of the Common Lot and a portion of Lot 116.
E. The City as a specific condition to accepting the plat of Snoqualmie Falls No. 6
required there be two separate vehicular accesses to the lots in Snoqualmie Falls No. 6 for
emergency purposes.
F. Each Grantor agrees to grant to Grantee an access easement on, over and across
portions of Lot 116 and the Common Lot, as specifically depicted and described in Exhibit A
(the "Easement Area "), subject to the terms and conditions set forth herein.
AGREEMENT
1. Grant of Easement. Grantor hereby grants to Grantee for the benefit of all
emergency service providers, including without limitation the Eagle Fire District, the Ada
County Sheriff, Eagle City, and the Ada County Paramedics (collectively "emergency service
providers ") an access easement (the "Easement ") over the Easement Area.
Emergency Access Easement Agreement -1
2. Purpose of Easement. The Easement shall be used for vehicular and pedestrian
ingress and egress by the emergency service providers when and if necessary as determined by
any of the emergency service providers.
3. Exclusivity. The beneficiaries of Grantee shall have the exclusive right to utilize
the Easement for the purpose set forth herein, and no other persons shall be entitled to utilize the
Easement.
4. Revocability and Term of Easement. This Easement is non - revocable. This
Easement shall terminate upon the recordation of another real property plat that provides in
addition to the existing public street access to Snoqualmie Falls No. 6 via W. Arena Dr. to W.
Nordic Dr., another dedicated public street that connects to Palmer Lane. The recordation of any
such additional plat that provides such access shall automatically terminate this Easement
without the requirement of a written instrument executed by the City specifically terminating the
Easement. Notwithstanding the City shall execute a written termination of the Easement created
herein should the Grantor, its successors and assigns reasonably request the execution of an
instrument in recordable fashion terminating the Easement.
5. Construction. Brahma shall construct across the Easement Area a road bed in
accordance with Brahma's approved construction plans for Snoqualmie Falls No. 6, and as a
specific condition to the approval of the City the certificate of city engineer on the final plat for
Snoqualmie Falls No. 6 shall not be executed until and unless the road bed has been constructed
in accordance with such construction plans, and there is placed on each end of the Easement
Area a metal post and sign identifying the road as an access for emergency vehicles only.
6. Non - Buildable Lot. Lot 116 shall be non - buildable during all times of the term of
this Easement, but may be improved with a road base, bollards and appropriate signage
identifying the lot's restrictive use.
7. Not a Public Dedication. Nothing contained in this Agreement shall be deemed to
constitute a gift or dedication of any portion of the Easement Area, or the use thereof to the
general public. Grantor and Grantee shall be permitted, from time to time, to take whatever
reasonable action one or both deem necessary to prevent any portion of the Easement Area, or
the use thereof, from being dedicated or taken for public use or benefit.
8. Maintenance. Each of the Grantors shall be severally obligated to maintain the
physical integrity of the Easement Area in good condition and repair as required to satisfy all
requirements of applicable laws, the polices of Grantee and sound engineering practices.
9. Warranty of Title. Grantor covenants to Grantee that Grantee and any beneficiary
hereof shall be entitled to the exclusive use of the Easement Area as designated herein
throughout the term hereof, and for each portion of the Easement Area owned respectively by
Brahma and the HOA, each of said Grantors warrants that it is lawfully seized and possessed of
such portions of the Easement Area and have the right and authority to grant this easement to
Grantee.
Emergency Access Easement Agreement - 2
10. Miscellaneous.
10.1 Recordation. This Agreement shall be recorded in the records of Ada
County, Idaho.
10.2 Counterparts. This Agreement may be executed in counterparts each
part being considered an original document, all parts being but one document.
10.3 Governing Law, Jurisdiction and Venue. This Agreement shall be
construed and interpreted in accordance with the laws of the State of Idaho. The parties agree
that the courts of Idaho shall have exclusive jurisdiction and agree that Ada County is the proper
venue.
10.4 Exhibits. All exhibits attached hereto and recitals contained herein are
incorporated herein as if set forth in full herein.
10.5 Entire Agreement. This Agreement constitutes the entire agreement
between the Parties, and no warranties, agreements or representations have been made or shall be
binding upon either party unless set forth herein.
[Signatures on following page.]
Emergency Access Easement Agreement - 3
IN WITNES WHEREOF, the Parties have caused this Agreement to be executed as of
the dates written below each of their names hereunder.
BRAHMA, LLC LEGACY COMMUINITY
ASSOCIATION, INC.
By: Developers Services, Inc.,
its Manager, by:
B Z/ B
Y : Y
Bri F. i�c g , its President Brian F. Col , its President
Date: �d/ Jn` JOC Date: 10 � p l"l e,
CITY OF EAGLE, an Idaho
Municipal Corporation
BY L. ', 0-"�
J es t eynold M yor
Da
: _yn_�t t I -/
ATTEST TO: ����.•����••.,,,�
F g4
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City Oerk � �•� *
s SEAL
F 19
Emergency Access Easement Agreement - 4
STATE OF IDAHO. )
ss.
County of Ada.
On this c 4 day ofc.ne,r , 2015, before me, the undersigned,
a Notary Public in and for the State of Idaho, personally appeared Brian F. McColl, known or
identified to me to the President of Developers Services, Inc., an Idaho corporation, the
Manager of Brahma, LLC, an Idaho limited liability company, and the limited liability
company who subscribed said limited liability company name to the foregoing instrument, and
acknowledged to me that he executed the same on behalf of said limited liability company; and
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 th first above written.
.o��� C ISTl9
p
rlOTARr:`gyp'; .r�+,' t ✓ ..��,.
Z : Notary Public for Idaho
(WALT" Residing at p , Idaho
%J� •.`SUB LIC�.� Commission Expires: - t �,
. O
OF l�P•• °•
STATE OF IDAHO..I " "`6"'
: ss.
County of Ada.
On this ,�_ day o f ;_ , 2015, before me, the undersigned, a
Notary Public in and for said State, personally appeared Brian F. McColl, known and identified
to me to be the President of Legacy Community Association, Inc., an Idaho corporation, that
executed the instrument or the person who executed the instrument on behalf of said corporation,
and acknowledged to me that such 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.
1S �''••,, Notary Public for Idaho
••; Residing at , Idaho
Al?
90A- : Commission expires: —t (o
i•qw
si,.pvsLt�••�o
''•...F OF 19..••'
Emergency Access Easement Agreement - 5
STATE OF IDAHO, )
SS.
County of Ada. )
On this 07 / day of aCk P' , 2015, before me, the undersigned, a
Notary Public in and for said State, personally appeared James D. Reynolds, known and
identified to me to be the Mayor of the City of Eagle, Idaho, a municipal corporation that
executed the instrument or the person who executed the instrument on behalf of said corporation,
and acknowledged to me that such corporation 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. ,n
(SEAL)
Emergency Access Easement Agreement - 6
Notary P011 r Idaho
Residing a
Commission expires: 49
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EXHIBIT A
(Page 1)
Legal Description
Snoqualmie Falls Subdivision No. 6
Secondary Emergency Vehicle Access Easement
An easement being located in Lots 4 and 116 of Block 6 of Mosca Seca Subdivision No. 2 as
shown in Book 101 of Plats on Page 13328, records of Ada County, Idaho, and the NW % of
Section 11, Township 4 North, Flange 1 West, Boise Meridian, City of Eagle, Ada County, Idaho,
and more particularly described as follows:
Commencing at a Brass Cap monument marking the southwest corner of said NW %, from which
an Aluminum Cap monument marking the northwest corner of said NW % bears N 0 027'35" E a
distance of 2651.71 feet;
Thence N 58 °32'39° E a distance of 1575.42 feet to a point on the westerly boundary of said
Mosca Seca Subdivision No. 2 and the POINT OF BEGINNING;
Thence leaving said westerly boundary a distance of 24.88 feet along the arc of a 63.50 foot
radius curve left, said curve having a central angle of 22 °26'5T' and a long chord bearing N
10 °35'34" W a distance of 24.72 feet to a point;
Thence S 86 °43'11" E a distance of 165.98 feet to a point on the easterly boundary of said Lot
116;
Thence along said easterly boundary a distance of 24.86 feet along the arc of a 125.00 foot radius
non - tangent curve left, said curve having a central angle of 11 °23'46" and a long chord bearing S
18 °03'53" W a distance of 24.82 feet to a point;
Thence leaving said easterly boundary N 86 °43'11" W a distance of 153.72 feet to the POINT OF
BEGINNING.
This parcel contains 3,806 square feet and is subject to any other easements existing or in use
Clinton W. Hansen, PLS p� LA�y
Land Solutions, PC
July 1, 2015 5o IST�,p� G,p`
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Page 1 of 1
Emergency Access Easement Agreement - 7
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EXHIBIT A
(PAGE 2)
SNOOUALMIE FALLS SUBDIVISION NO. 6
SECONDARY EMERGENCY VEHICLE ACCESS EASEMENT- EXHIBR O�
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Emergency Access Easement Agreement - 8