Easement - Mustang Crossing Eagle, LLC - 2026 - Bronco Acres - Cross access agreement in Bronco Acres SubdivisionAda County Recorder Trent Tripple 2026-066567
Boise, Idaho Pgs= 8 cfowler 09/02/2026 02:25:16 PM
CITY OF EAGLE $0.00
Electronically Recorded
When Recorded, Return to:
Christine E. Nicholas
Kirton McConkie PC
1100 W. Idaho St., Suite 930
Boise, Idaho 83616
GRANT OF RECIPROCAL ACCESS EASEMENT
WHEREAS, MUSTANG CROSSING EAGLE, LLC, a California limited
liability company ("Grantor") is the owner of Lots 7 and 8, Block 1 of Bronco Acres
Subdivision, according to the official plat thereof recorded in Book 134 of Plats at Pages
54-58, records of Ada County, Idaho (collectively, the "Property);
WHEREAS, Grantor has entered into a lease of Lot 7 Block 1 of Bronco Acres
Subdivision, according to the official plat thereof recorded in Book 134 of Plats at Pages
54-58, records of Ada County, Idaho ("Lot 7") and the City of Eagle as a condition to
approval of the tenant's plans to construct improvements on Lot 7 has required a cross -
access agreement allowing for common access to Lot 7 and to Lot 8, Block 1 of Bronco
Acres Subdivision, according to the official plat thereof recorded in Book 134 of Plats at
Pages 54-58, records of Ada County, Idaho ("Lot 8") over a portion of Lots 7 and 8
described in the attached Exhibit A (the "Reciprocal Access Easement Area");
WHEREAS, Grantor intends that Lot 7 and Lot 8 be subject to a reciprocal
access easement as provided herein;
NOW THEREFORE, Grantor hereby agrees as follows:
A. GRANT OF CROSS ACCESS EASEMENT
On this day of w v r ' " ' 2026, Grantor hereby-grwts;•'b`argains,
sells and conveys unto itself and ifs successors and assigns forever, for the benefit of
Lot 7 and Lot 8, a permanent, non-exclusive easement and right-of-way in, to, over,
under, on, across, and through the Reciprocal Access Easement Area on the terms and
conditions hereinafter set forth, for the following purposes:
(a) for vehicular ingress and egress;
(b) to use, construct, reconstruct, inspect, maintain, alter, repair, and
replace the roadway within the Reciprocal Access Easement Area, as such
roadway may be constructed and maintained for such use; and
GRANT OF RECIPROCAL EASEMENT - 1
20260708 1600
4896-7949-3052.v1
(c) for the use and passage of service and emergency vehicles (either
public or private).
B. CONSTRUCTION AND MAINTENANCE
1. Construction. The current tenant of Lot 7 shall bear the cost of
construction of the improvements in the Reciprocal Access Easement Area.
2. Maintenance and Reconstruction. The Reciprocal Access
Easement Area is and shall be considered part of the Access Areas as defined in that
certain AMENDED AND RESTATED DECLARATION OF COVENANTS,
RESTRICTIONS AND EASEMENTS dated as of October 21, 2021 recorded October
21, 2021 as Instrument No. 2021-152772 ("Original CCRs"), records of Ada County,
Idaho, as supplemented by that certain Supplemental Declaration of Restrictions and
Covenants dates as of March 9, 2026 and recorded March 11, 2026 as Instrument No.
2026-016993, records of Ada County, Idaho ("Supplemental CCRs" and, together with
the Original CCRs, the "Mustang Crossing CCRs"), and the cost of maintenance thereof
shall be borne lam% by the owner of Lot 7 and t5�6/0 by the owner of Lot 8.
C. EFFECTIVENESS AND BINDING NATURE
1. The easement and agreements provided for herein shall be effective upon
the recordation of this document.
2. The easement provided for herein shall run with the land and shall
constitute a use for the benefit of Lot 7 and Lot 8 and a burden upon Lot 7 and Lot 8.
3. The easement provided for herein shall inure to the benefit of and be
binding upon the owners of the Property and any part thereof, and successors in title,
assigns, heirs, and tenants and the Permittees of such owners, and shall remain in full
force and effect and shall be unaffected by any change in ownership of the Property, Lot
7, or Lot 8, or by any change of use, demolition, reconstruction, expansion, or other
circumstances. The term "Permittees" shall mean all licensees, employees, agents,
contractors, vendors, suppliers, visitors, tenants, and other invitees, and representatives of
governmental authorities when acting in their official capacity.
4. Each of the easement and rights created by this Agreement are appurtenant
to the land to which they relate and may not be transferred, assigned, or encumbered
except as an appurtenance to such land.
5. The easements granted hereby are subject to all prior grants and existing
encumbrances, easements, covenants, restrictions, and reservations of record, except to
the extent subordinated in writing by the holder or beneficiary thereof.
D. NO DEDICATION OR THIRD -PARTY BENEFICIARIES
GRANT OF RECIPROCAL EASEMENT - 2
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4896-7949-3052.v1
Nothing contained in this Agreement will be deemed to constitute a gift, grant, or
dedication of any portion of the Property to the general public or for any public purpose
whatsoever. This Agreement is not intended to constitute any other person a third -party
beneficiary hereunder or to give any such other person any rights hereunder.
E. CONDEMNATION
In the event the whole, or any part, of either Lot 7 or Lot 8 or both of Lot 7 and
Lot 8 is taken for any public or quasi public use under any governmental law, ordinance,
or regulation, or by right of eminent domain, or by private purchase in lieu thereof, the
other party will not share in any award, compensation, or other payment made by reason
of the taking of a portion of the property that is subject to such easement. Such award,
compensation, or other payment will belong entirely to the party whose property is taken,
and the other party will have no further liability to any other person or entity for the loss
of such easements, or portion thereof, located on the affected property, and the pro rata
share of costs to be borne hereunder by such affected Lot shall be adjusted mutatis
mutandis.
[signature and acknowledgement on following page]
GRANT OF RECIPROCAL EASEMENT - 3
20260708 1600
4896-7949-3052.vl
IN WITNESS WHEREOF, the Grantor has executed this Grant of Reciprocal
Access Easement as of the date set forth above.
GRANTOR:
Mustang Crossing Eagle, LLC,
a California limited liability company
By:
L'I--
Name: M on immerman
Its: Manag r
ACKNOWLEDGMENT
notary pu or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached. and not the truthfulness, accuracy. or
validity of that document.
State of California
r,ounty of 5o&., 1--A %a*c&a '
On tu !d4 % !Z ZgZ before me. ' Av4, ft%nnn yis
(insert n>,a and tale of Vie oKcer
personalfv appeared N V-9-1
rho proved to me on the basis 0satisfactorr evidence to be the persons i whose na—ei s . i�. xe
subscribed to the vrthm instrument and ackriwledged to me that Wshe.'the; executed the tine n
hislhedtheir authorized capacdy(ies). and that by his/her/thecr signature(s1 m on the instrue ' 'he
person(s). or the entity upon behalf of which the person(s) acted. executethe instru^-ert
I certify under PENALTY OF PERJURY under the !ars of the State of anl,fomia th4t the foregor
paragraph is true and correct.
VITNESS my hand and official seal.
Signature — �✓��+
GRANT OF RECIPROCAL EASEMENT - 4
20260708 1600
Se)
------——----
FELON ii"ER
Notary Public . California
San Francisco County
Commission # 2490975
my Comm. Expires Jun 11, 2028
4896-7949-3052.v1
EXHIBIT A
Reciprocal Access Easement Area
See attached.
GRANT OF RECIPROCAL EASEMENT - 5
20260708 1600
4896-7949-3052.vl
km
E N G I N E E R I N G
June 4, 2026
Project No. 22-050
Bronco Acres Subdivision
Cross Access Easement Lots 7 & 8
Exhibit A
A parcel of land for a Cross Access Easement being portions of Lots 7 and 8, Block 1 of Bronco Acres
Subdivision (Book 134 of Plats, Pages 54-58), situated in the Northwest 1/4 of the Southeast 1/4 of Section 12,
Township 4 North, Range 1 West, Boise Meridian, City of Eagle, Ada County, Idaho and being more particularly
described as follows:
Commencing at a found 1/2-inch rebar marking the Northwest corner of said Lot 7, which bears S89+3651"W
a distance of 311.00 feet from a found 1/2-inch rebar marking the Northeast comer of said Lot 7;
Thence following the westerly boundary of said Lot 7, S00+23'09"E a distance of 21.98 feet to the southerly
line of an existing cross access easement per Instrument No. 2018-054312 and being the POINT OF
BEGINNING.
Thence leaving said westerly boundary and following said existing easement, N89+37'22"E a distance of 12.00
feet,
Thence leaving said existing easement, S00+23'09"E a distance of 160.25 feet to the northerly right -of way of
W. State Street;
Thence following said northerly right-of-way the following three (3) courses:
1. S89°4616"W a distance of 5.03 feet to a found 5/8-inch rebar;
2. 6.97 feet along the arc of a curve to the left, said curve having a radius of 5,764.65 feet, a delta angle
of 00*04'10", a chord bearing of S89+28'04"W and a chord distance of 6.97 feet;
3. 12.00 feet along the arc of a curve to the left, said curve having a radius of 5,764.65 feet, a delta angle
of 00+07'09", a chord bearing of S89+22'25"W and a chord distance of 12.00 feet;
Thence leaving said northerly right-of-way, N00.23'09"W a distance of 160.31 feet to said existing easement;
Thence following said existing easement, N89+37'22"E a distance of 12.00 feet to the POINT OF BEGINNING.
All subdivisions, deeds, records of surveys, and other instruments of record referenced herein are recorded
documents of the county in which these described lands are situated.
Said parcel contains 3,845 square feet, more or less, and is subject to all existing easements and/or rights -of -
way of record or implied.
Attached hereto is Exhibit 8 and by this reference is -made a part hereof, ......... .
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5725 North Discovery Way + Boise, 1 A SP13 • 208.639.6939 • kmengllp.com
POINT OF COMMENCEMENT
NORTHWEST CORNER
LOT 7
POINT OF
BEGINNING L..._.----- u L2 - - -
—� 24,00' �-■—
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NORTHEAST CORNER
LOT 7
W. Johnny Lane (Private)
BASIS OF BEARING
S89'36'51 "W 311.00'
--------------
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N 00
1
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BOCK
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LINE TABLE
LINE
BEARING
DISTANCE
L1
S00'23'09"E
21.98'
L2
N89'37'22"E
12.00'
L3
S89'46'16"W
5.03'
L4
N89'37'22"E
12.00'
CURVE TABLE
CURVE
RADIUS
LENGTH
I DELTA
CHORD BRG
CHORD
C1
5764.65'
6.97'
0'04'10"
S89'28'04"W
6.97'
{
C2
5764.65'
12.00'
0'07'09"
S89'22'25"W
1 12.00'
W. State Street
0 40 80 120
Plan Scale: 1" = 40'
Ion
5725 NORTH DISCOVERY WAY
SOISE, IDAHO $3713
PHONE(2081639-6939
kmen811p,mm
DATE, June, 2026
PROJECT; 22.050
SHEET:
1 OF 1
LEGEND
a FOUND 5/8" REBAR
O FOUND 1/2" REBAR
o CALCULATED POINT
BOUNDARY LINE
- - --- - - - - EASEMENT LINE
- - - - - - - - EXISTING EASEMENT LINE
Exhibit B
Cross Access Easement
Portions of Lots 7 and 8, Block 1 of Bronco Acres Subdivision, situated in the
NW 1/4 of the SE 1/4 of S. 12, T4N., 111W., B.M., City of Eagle, Ada County, ID
n89"37'22"e n89"37'22"e
6/4/2026
Scale: 1 inch= 20 feet
1: 0.0883 Acres (3845 Sq. Feet), Closure. s78.4413w 0.01 ft. (1/34342), Perimeter-389 ft.
01 n89.3722e 12 07 n89.3722e 12
02 900,23099160,25
03 $89.4616w 5,03
04 fit, r=5764.65, delta=000.0410, chord=s89.2804w 6.97
06 U, rx5764.65, delta•000.0709, chord=s89.2225w 11.99