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CC - Applicant Response to Staff Report/EasementChris Johnson From: Sent: To: Subject: Attachments: Sonya Allen Tuesday, December 04, 2018 12:50 PM C.Jay Coles; Charlene Way; Chris Johnson Alturas -- Tech Lane Rezone Cross Access and Parking Easement Agreement (Executed -- Not Recorded).pdf From: Hethe Clark [mailto:hclark@spinkbutler.com] Sent: Tuesday, December 4, 2018 11:33 AM To: Sonya Allen; Bill Parsons Cc: Travis Barney (travisbarney@alturas.com); Jeff Likes; Barbara Beaushaw; Sara Cousineau Subject: Alturas -- Tech Lane Rezone Sonya and Bill: We were able to get the easement deal done with the neighbor to the east. I just received a signature (see attached) and we will send it out for recording today. Long and the short: We're now in agreement with the terms and conditions of the staff report. Jeff Likes will be there on my behalf tonight as I'm double -booked. If anything comes up (unexpected opposition, etc.), would you please let us know? AND BEST OF ALL... I can officially say that I've followed through on my promise from the P&Z hearing and I've done what it takes to make sure that Sonya is happy. ;) Thanks, everyone! Best, T. Hethe Clark, Partner 251 E Front Street, Suite 200 1 PO Box 639 1 Boise, Idaho 83701 hclark@soinkbutler.com I Direct 208.388.3327 1 Fax 208.388.1001 SPI k91BUTLER A T 7 0 P N r a 5 A T I. A W CONFIDENTIALITY NOTICE: This transmission is intended only for the use of the individual(s) named as recipients. It may contain information that is privileged, confidential, and/or protected from disclosure under applicable law including, but not limited to, the attorney-client privilege and/or work product doctrine. If you are not the intended recipient of this transmission, please notify the sender immediately by telephone. Do not deliver, distribute or copy this transmission, disclose its contents, or take any action in reliance on the information it contains. THIS E-MAIL IS NOT AN OFFER OR ACCEPTANCE: Notwithstanding the Uniform Electronic Transactions Actor any other law of similar import, absent an express statement to the contrary contained in this e-mail, neither this e-mail nor any attachment are an offer or acceptance to enter into a contract, and are not intended to bind the sender or any other person or entity. Check out our blog on land use, real estate, and construction law in Idaho: Idaho Land Law. 23260.2 After Recording Return to: Spink Butler, LLP P.O. Box 639 Boise, ID 83701 FOR RECORDING INFORMATION CROSS ACCESS AND PARKING EASEMENT AGREEMENT This Cross Access and Parking Easement Agreement (this "Agreement") is made this 4th day of December 2015, by ALTURAS 1550 TECH LANE, LLC, an Idaho limited liability company ("Alturas"), and B -B INVESTMENTS LLC, an Idaho limited liability company ("B -B Investments"). RECITALS: A. Alturas is the owner of fee simple title to that certain real estate located in Ada County, Idaho, and legally described in Exhibit A, attached hereto and made a part hereof (hereinafter referred to as the "Alturas Property"). B -B Investments is the owner of fee simple title to that certain real estate located in Ada County, Idaho, and legally described in Exhibit B, attached hereto and made a part hereof (hereinafter referred to as the "B -B Investments Property"). The Alturas Property and the B -B Investments Property are sometimes individually referred to herein as a "Property" and collectively as the "Properties." B. Alturas and B -B Investments desire to agree, declare, create, receive and provide for the use and benefit of each Property individually and for both of the Properties collectively, subject to the limitations hereinafter provided, a reciprocal, perpetual, non-exclusive easement for: (1) pedestrian and vehicular ingress, egress, passage and traffic between (a) each of the Properties, and (b) the Properties and that certain public roadway commonly known as Overland Road (being contiguous to and bordering upon the Properties); and (2) parking for the Alturas and B -B Investments Permittees (defined below) only in those portions of the Properties identified in this Agreement as designated for parking by Alturas and/or B -B Investments (the "Parking Area"). C. Alturas and B -B Investments desire and intend that the singular or several owners of fee simple title to the Properties, mortgagees, lessees, occupants and such other persons as from time to time shall possess or acquire an interest in any Property or any portion thereof, and all customers, employees, licensees, tenants and business invitees of such occupants and their respective successors and assigns (the "Permittees") shall at all times enjoy the benefits of, and that the singular and several owners of fee simple title to the Properties (sometimes referred to herein as the "Owner" or "Owners") shall at all times hold their interests subject to, the rights, easements, privileges and restrictions hereinafter set forth. NOW, THEREFORE, in consideration of the terms of this Agreement, and in consideration of the recitals above which are incorporated below, and the premises and the mutual undertakings and agreements hereinafter contained, Alturas and B -B Investments agree, declare, and grant as follows: ARTICLE I Use, Access, Relocation and Reconfiguration 1.01 Easement. Alturas and B -B Investments hereby agree, declare, create and grant for the use of the Permittees, subject to all existing easements, encumbrances and restrictions of record, and subject to such reasonable rules and regulations as Alturas and B -B Investments may establish or impose, as an easement appurtenant to and for the benefit of the Alturas Property and the B -B Investments Property, a perpetual, non-exclusive easement upon, over and across the Easement Parcel (defined below) solely for the limited purpose of: (1) pedestrian and vehicular ingress, egress, passage and traffic between: (a) each of the Properties, and (b) the Properties and that certain public roadway CROSS ACCESS AND PARKING EASEMENT - 1 commonly known as Overland Road (being contiguous to and bordering upon the Properties); and (2) parking for the Permittees on the Parking Area (the "Easement"). 1.02 Easement Parcel. The Easement shall be located over, upon, and across the "Alturas Easement Parcel," legally described and depicted on Exhibit C attached hereto and made a part hereof, and the "B -B Investments Easement Parcel," legally described and depicted on Exhibit D attached hereto and made a part hereof. The Alturas Easement Parcel and the B -B Investments Easement Parcel are sometimes collectively referred to herein as the "Easement Parcel." 1.03 Use. Use of the Easement Parcel is not hereby exclusively granted but shall be in common with the use thereof by Alturas and B -B Investments and their successors and assigns and Permittees of those portions of the Properties upon which the Easement Parcel is located. Alturas and B- B Investments shall be entitled to use those portions of the Easement Parcel which shall lie on their Properties for those uses provided herein and for any other reasonable uses so long as such other uses do not unreasonably interfere with or obstruct the use of the Easement Parcel by Alturas and B -B Investments and their Permittees; provided, however, the Permittees shall only be permitted to park on those portion of the Properties defined and designated as the Parking Area, as further described in Article III hereof. Alturas and B -B Investments shall specifically have the right, upon those portions of the Easement Parcel which shall lie on their Properties, to make any use of the subsurface of the Easement Parcel at their sole cost and expense, so long as such use does not interfere with or obstruct either Alturas's or B -B Investments' or their Permittees' use as provided herein. 1.04 Access. Alturas and B -B Investments, jointly and severally, shall be obligated to maintain the driveway(s), roadway(s), traffic lanes, Parking Area, and curb cuts allowing access to the Properties from Overland Road as a means of vehicular and pedestrian access between their respective Properties. Notwithstanding anything contained herein to the contrary, each of said means of access themselves (be they curb cuts, driveways or other means) shall be a portion of and shall be included within the Easement Parcel. 1.05 Reconfiguration. Alturas and B -B Investments each shall have the right, from time to time, to reconfigure all or that portion of the Easement Parcel lying upon any Property owned by Alturas or B -B Investments, respectively, all at its sole cost and expense; provided, however, nothing either Alturas or B -B Investments does in connection with such reconfiguration shall: (i) permanently interfere with the free and unimpeded flow of vehicular and pedestrian traffic between the Alturas Properties and/or the B -B Investments Properties and/or Overland Road; (ii) interfere with the free and unimpeded flow of permitted traffic between the Alturas Properties and/or the B -B Investments Properties and/or Overland Road beyond the specific time reasonably required to accomplish any permitted reconfiguration; (iii) permanently reconfigure any portion of the Easement Parcel such that the portion of the Easement Parcel on such Owner's Lot is no longer contiguous with the portion of the 'Easement Parcel on the other Owner's Lot and/or Overland Road; or (iv) permanently reduce the number of parking spaces to which each Owner is entitled to use on the Parking Area. ARTICLE II Construction 2.01 Construction. Construction of improvements to the Easement Parcel shall be undertaken by the Parties in accordance with this Article II, 2.02 Construction Plans. Construction plans for improvements to the Easement Parcel (the "Plans") have been prepared by B -B Investments and approved by the parties hereto and the City of Meridian. True and accurate copies of the approved Plans are attached hereto as Exhibit E and made a part hereof. Any subsequent modifications of the Plans, including modifications required by any local government having jurisdiction, shall require mutual written agreement of the parties hereto. 2.03 Construction Payment and Reimbursement. The Owners shall thereafter enter into an agreement with the winning bidder (the "Contractor") for construction of the improvements to the CROSS ACCESS AND PARKING EASEMENT - 2. Easement Parcel (the "Project"). Both Owners will contract with the Contractor and each will be liable for costs associated with such work, as follows: Alturas shall pay one-third (113) of the construction costs associated with the Project, capped at no more than Forty Thousand and No/100 Dollars ($40,000.00); B- B Investments shall be responsible for all remaining costs associated with the Project. Upon receipt of invoices from the Contractor, the Owners will jointly consult and review said invoices and make arrangements for timely payment. Each of the Owners will ensure that its proportionate share of said invoices are timely paid and each will indemnify, defend, and hold the other harmless from any liens or encumbrances resulting from the failure to timely pay such invoices. ARTICLE III Use of Parking Area 3.01 Parking Allocation. Parking within the Parking Area shall be allowed as set forth on the depiction attached as Exhibit E. Parking spaces located on the B -B Investments Easement Parcel shall be reserved for the exclusive use of B -B Investments and its tenants, subtenants, agents, contractors, employees, and Permittees. Parking spaces located on the Alturas Easement Parcel shall be reserved for the exclusive use of Alturas and its tenants, subtenants, agents, contractors, employees, and Permittees. 3.02 Signage. The Owners agree to identify and install appropriate directional signage of size, design, and materials mutually agreed by the Owners, to be attached to (or located immediately adjacent to) the light post on the south end of the island shown on the Plans. Each Owner may provide signage identifying parking spaces allocated to each respective Owner on their respective Properties. ARTICLE IV Indemnity and Insurance 4.01 Indemnity. The Owners agree to indemnify, defend, and hold the other harmless from and against any and all liability, claims, damages, expenses (including reasonable attorneys' fees, including on appeal), judgments, proceedings, and causes of action for injury to or death of any person, or damage to or destruction of any property resulting from: (i) the negligent or willful act or omission of the indemnifying person, its tenants, subtenants, agents, contractors, employees, or Permittees; and (ii) arising out of the performance or nonperformance of any of the obligations set forth in this Agreement, except to the extent caused by the negligent or willful act or omission of the indemnified Owner, its tenants, subtenants, agents, contractors, employees, or Permittees. 4.02 Insurance. The Owner of each Property shall at all times provide and maintain (or cause to be provided and maintained) commercial general liability insurance with broad form coverage (including broad form property damage coverage) insuring its obligations under this Article III with respect to bodily injury, death, or property damage or destruction, in an amount not less than One Million and No/100 Dollars ($1,000,000.00) for personal injury or bodily injury or death of any one person, One Million and No/100 Dollars ($1,000,000.00) for personal injury or bodily injury or death of more than one person in one occurrence. Said insurance shall be written with an insurer licensed to do business in the State of Idaho and shall identify the other respective Owner as an additional insured. The Owner of each Property shall furnish the Owner of the other Property with a certificate evidencing such insurance upon request. ARTICLE V Taxes and Maintenance 5.01 Taxes and Utilities. The Owner or Owners of each of the Properties shall be obligated to pay when due all real estate and other taxes and assessments, and all utilities' expense, if any, and any other liability or expense for those portions of the Easement Parcel from time to time located on their respective Properties. 5.02 Maintenance of Easement Parcel. Each Owner shall pave, repair, and at all times maintain in good condition and provide Maintenance as hereinafter defined, as follows: Alturas shall CROSS ACCESS AND PARKING EASEMENT - 3 provide maintenance on the Alturas Easement Parcel and B -B Investments shall provide maintenance on the B -B Investments Easement Parcel. In the event the parties cannot agree on the necessity of such Maintenance, the matter may be submitted for mediation as provided below. Maintenance of the Easement Parcel shall include, without limitation: a. Maintenance, repair and replacement of the surface and subsurface of the Easement Parcel, as necessary, to maintain the Easement Parcel in a level, smooth and evenly covered condition with the types of materials and at the same grade and elevation as used by the Owner or Owners on the date of the completion of construction of the Easement Parcel, or portion thereof, except that the Owners shall be permitted to use such substitute materials as will in all respects be equal to or better than the materials originally used by the Owners with respect to quality, appearance and durability. b. Removal from the Easement Parcel of paper, rubbish, debris, ice, snow and other hazards to persons using the Easement Parcel, and washing or thoroughly sweeping paved areas as required, c. Maintenance of such appropriate parking signs and pavement markings, entrance, exit and directional signs and markers and lights so as to be uniform with those used on both Properties. d. Such painting and repainting of traffic lines and parking lines to maintain the Easement Parcel in first-class condition so as to be uniform with and provide for safe traffic flow between the Properties. All of the foregoing shall be referred to collectively herein as "Maintenance." 5.03 Mediation in the Event of Failure to Agree. In the event any disagreement arises between the Owners related to the Easement Parcel, an Owner may demand mediation and shall give written notice to that effect to the other Owner. Each party shall pay one-half of the fees and expenses of the mediator appointed by or on behalf of such party and the fees and expenses of the third mediator. Participation in mediation is a prerequisite to any litigation to be filed by either of the Owners in connection with this Agreement. If the result of such mediation is unsatisfactory to one or more Owners, then any Owner may avail itself of any legal or equitable remedy available to it under Idaho law. ARTICLE VI Miscellaneous 6.01 Not a Public Dedication. Nothing contained in this Agreement shall, or shall be deemed to, constitute a gift or dedication of any portion of the Properties to the general public or for the benefit of the general public or for any public purpose whatsoever, it being the intention that this Agreement will be strictly limited to and for the purposes expressed herein. Each Owner shall be permitted, from time to time, to take whatever reasonable action it deems necessary to prevent any portion of the Easement Parcel from being dedicated or taken for public use or benefit. 6.02 Termination of Covenant Liability. Whenever a transfer of ownership of a Property or any portion of a Property herein burdened occurs, to the extent of the portion transferred, the liability hereunder of the transferor for breach of covenant occurring thereafter automatically shall terminate and the transferee shall become liable for the covenants and obligations herein provided from and after such transfer of ownership. 6.03 Duration, The Easement herein agreed to, created, declared and granted shall be perpetual. CROSS ACCESS AND PARKING EASEMENT - 4 6.04 Severability. If any term or provision of this Agreement, to any extent, shall be held invalid or unenforceable, the remaining terms and provisions hereof shall not be affected thereby, but each such remaining term and provision shall be valid and enforced to the fullest extent permitted by law. 6.05 Enforcement. In the event of a breach of any term, covenant, restriction or condition of this Agreement by an Owner, the other Owner or Owners shall have, in addition to the right to collect damages, the right to enjoin such breach or threatened breach in a court of competent jurisdiction. Further, failure by the Owners to agree upon necessary Maintenance may be submitted for mediation as set forth in Article II hereof. The prevailing party in any such action shall be entitled to recovery of its attorneys' fees and costs, including on appeal. 6.06 Applicable Law. This Agreement shall be construed and enforced in accordance with the laws in the State of Idaho. 6.07 Running of Benefits and Burdens. All provisions of this Agreement, including the benefits and burdens hereof, run with the land and are binding upon and inure to the benefit of the Owners, and the respective heirs, assigns, successors, and personal representatives of the Owners. 6.08 Notices. All notices, demands, requests, and other communications under this Agreement shall be in writing and shall be deemed properly served or delivered, if delivered by hand to the party to whose attention it is directed, or when sent, three (3) days after deposit in the U.S. mail, postage prepaid, by registered or certified mail, return receipt requested, or one (1) day atter deposit with a nationally recognized air carrier providing next day delivery, or if sent by facsimile to the party to whose attention it is directed, addressed as follows: Alturas: Alturas Properties, LLC c/o Travis Barney 435 E. Shore Dr., Suite 210 Eagle, ID 83616 With a copy to: Hethe Clark Spink Butler, LLP 251 E. Front Street, Suite 200 Boise, ID 83702 B -B Investments: B -B Investments LLC c/o Brett Bingham, DVM 800 West Overland 'Road Meridian, ID 83642 With a copy to: Joe Borton Borton-Lakey Law and Policy 141 E. Carlton Ave. Meridian, Idaho 83642 or at such other address or to such other party which any party entitled to receive notice hereunder designates to the other in writing as provided above. CROSS ACCESS AND PARKING EASEMENT .5 IN WITNESS WHEREOF, the parties hereto, having been duly authorized and intending to be legally bound hereby, have caused this Cross Access and Parking Easement Agreement to be duly executed the day and year first above written. ALTURAS: ALTURAS 1550 TECH LANE, LLC, an Idaho limited liability company By: ALTURAS MANAGEMENT GROUP LLC, an Idaho limited liability company Its: Manager By; — rl- Blake Hanse , Manager B -B INVESTMENTS: B -B INVESTMENTS LLC, an Idaho limited liability company 0 Brett Bingham, DVM, Manager [notary acknowledgments on following page] CROSS ACCESS AND PARKING EASEMENT - 6 IN WITNESS WHEREOF, the parties hereto, having been duly authorized and intending to be legally bound hereby, have caused this Cross Access and Parking Easement Agreement to be duly executed the day and year first above written. Ic ft[I:7F-i ALTURAS 9550 TECH LANE, LLC, an Idaho limited liability company By: ALTURAS MANAGEMENT GROUP LLC, an Idaho limited liability company Its: Manager By: Blake Hansen, Manager B -B INVESTMENTS: B -B INVESTMENTS LLC, an Idaho limited liability co By; •�--� in m ger [notary acknowledgments on following page] CROSS ACCESS AND PARKING EASEMENT - 6 STATE OF IDAHO ) )ss, County of Ada ) On this; day of Noven7b-er 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared Blake Hansen, known or identified to me to be the Manager of ALTURAS 1550 TECH LANE, LLC, the limited liability company that executed the within and foregoing document, and acknowledged to me that he executed the same on behalf of said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ••'i os.IWoo,,,,��r, WN WP W., t PUB LIC, PV0 does STATE OF IDAHO } )ss. County of Ada ) Notary Publo for Idaho Residing at Q F &4fir:(<e My commission expires: On this day of November 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared Brett Bingham, DVM, known or identified to me to be the manager of B -B INVESTMENTS LLC, the limited liability company that executed the within and foregoing document, and acknowledged to me that he executed the same on behalf of said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at My commission expires: CROSS ACCESS AND PARKING EASEMENT - 7 STATE OF IDAHO ) ) ss. County of Ada ) On this day of November 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared Blake Hansen, known or identified to me to be the Manager of ALTURAS 1650 TECH LANE, LLC, the limited liability company that executed the within and foregoing document, and acknowledged to me that he executed the same on behalf of said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at My commission expires: STATE OF IDAHO ) ) ss. County of Ada ) r On this ! "`day of 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared Brett Bingham, DVM, known or identified to me to be the manager of B -B INVESTMENTS LLC, the limited liability company that executed the within and foregoing document, and acknowledged to me that he executed the same on behalf of said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. CATHERINE R ` oUOMSTONE COMMISSION #25868 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 05/10=0 CROSS ACCESS AND PARKING EASEMENT - 7 Notary Public for Idaho Residing at_/Y'U.y�cKOL'—,l lfl My commission expires: EXHIBIT A Legal Description of Alturas Property 0 IDAHO 9955 W Emerald St ISGSURVEY Boise, ID 83704 GROUP Phore: (208) 846.8570 Fax: (208) 884.5399 1550 S. Tech Lane Rezone Description August 30, 2018 A parcel of land situated in the Southeast 1/4 of the Southwest 1/4 of Section 13, Towrship 3 North, flange 1 West, Boise Meridian, City of Meridian, Ada CoLnty, Idaho, more particularly described as follows: BEGINNING at a Brass Cap marking the South 1/4 earner of said Section 13 from which the West 1/16 corner of said Section 13 bears North 89'35'04" West, 1327.84 feet; thence North 89'35'C4" West, 577.78 feet along the South boundary of said Section 13; thence leaving said South boundary, North 03'02'10" West, 542.66 feet; thence North 89.51'21" East, 578.55 feet to the Cast boundary of Southwest 1/4 of said Section 13; thence along said East boundary, South 00'02"47" West, 548.31 feet to the REAL POINT OF BEGINNING. Contzining 7.24 acres or 315,376 square feet, more or less. End of Description Al tin 11779of ON ; C01 r,t, ,, EXHIBIT A - 1 EXHIBIT B Legal Description of B -B Investments Property A parcel located in the Southwest quarter of the Southeast quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a 518 inch diameter iron pin marking the Southwesterly corner of said Southwest quarter of the Southeast quarter, from which a brass cap monument marking the Southeasterly corner of the Southeast quarter bears North 89°39'20" East a distance of 2618.78 feet; thence North 0102154" West along the Westerly boundary of said Southwest quarter of the Southeast quarter a distance of 30.00 feet to the Point of Beginning; thence continuing North 0°02'54" West a distance of 305.60 feet to a 5/8 inch diameter iron pin; thence leaving said Westerly boundary North 89°39120" East a distance of 165.00 feet to a 5/8 inch diameter iron pin; thence South 0°02'54" East a distance of 305.60 feet to a point; thence South 89039120" West a distance of 165.00 feet to the point of beginning. Excepting therefrom that certain property conveyed to Ada County Highway District by Instrument No. 102124500, records of Ada County, Idaho. EXHIBIT B - 1 EXHIBIT C Legal Description and Depiction of the Alturas Easement Parcel DESCRIPTION FOR CROSS ACCESS EASEMENT 1550 S. TECH LN. A portion of the SE 114 of the SW 114 of Section 13, T.3N., RAW., B.M., Meridian, Ada County, Idaho, more particularly described as follows: EASEMENT At Commencing at the S 114 corner of said Section 13 from which the SE 114 comer of said Section 13 bears North 89°45'04` East, 2618.78 feet; thence along Norah -South centerline of said Section 13 North 00°02'47" East, 48.00 feet to a point on the North right-of-way line of W. Overland Road, said point being the REAL POINT OF BEGINNING; thence leaving said North-South centerline and along said North right-of-way line North 89°35`04" West, 30.00 feet; thence leaving said North right-of-way line North 00602'47" East, 74.48 feet, thence North 19054'00" West, 79.71 feet; thence North 00'05'35" West, 109.82 feet; thence South 89016'57" East, 57.48 feet to a point on the NorlhSouth centerline of said Section 13; thence along said North-South centerline South 00°02'47" West, 22.55 feet; thence leaving said North-South centerline North 49`14'41" West, 1.15 feet; thence 14.64 feet along the arc of a curve to the left, said curve having a radius of 20 51 feet, a central angle of 40°54'40" and a long chord which bears North 69°42'01" West. 14.34 feet; thence North 89016'57" West, 3.90 feet; thence 22.19 feet along the arc of a curve to the left, said curve having a radius of 14 00 feet, a central angle of 90°4$'39" and a long chord which bears South 45°18'44" West, 19.94 feet; thence South 00'0635" East, 73.90 feet; thence South 19°54'00" East, 82.46 feet: thence North 89042'18" East, 4.07 feet to a point on said North-South centerline: thence South 00002'47" West, 76.54 feet to the REAL_ POINT OF BEGINNING Page 1 of 2 EXHIBIT C - 1 I 16FM';�LiI Commencing at the S 114 comer of said Section 13 from which the SE 114 corner of said Section 13 bears North 89°45'04` East, 2618.78 feet: thence along North-South centerline of said Section 13 North 00°02'47" East, 155.11 feet to the REAL POINT OF BEGINNING; thence leaving said North-South centerline North 60°5654" West, 14.67 feet; thence North 00°5664" West, 31.60 feet; thence North 29°03'06" East, 9.61 feet; thence North 58°02'35" East, 6.32 feet; thence North 00'56'54" West, 67,51 feet; thence North 59°03'06" East, 5.29 feet to a point on the North-South centerline of said Section 13; thence along said North-South centerline South 00°02'47" West, 120.68 feet to the REAL POINT OF BEGINNING, Page 2 of 2 EXHIBIT C - 2 589'16'57"E 57.4%6" L3 J � 42 i r�ry� CI L9 o 9' 1 I VWi' 1Ln dl 9 U' t r+i aB N 1 V W N c tin r n a n s5 4 Vi 45,1 1 Irr, �MR.} �.�, RPOB A2 SI �` 45 1p{ X11 I NO'02'47"E 30.57' Y 1550 S� TECH LN .1 I n, n n V y p iv z� r-RPOB Al a 729 117, OF 1 �Q4Y G. GPS 5 20 s^ p 10 40 `20 SCALE; 1" = 40' CURVE TABLE UNE TABLE UNE CURVE RADIUS I LENGTH CHORD DIST. I CHORD On. I DELTA C7 20.51 14.64 14.34 N69'42'01'W 40'54'40" C2 14.00 22.19 19.94 S45'18'44"W 90'48'39" `L"'N89'3304"w 1., 30.40' v o iv +a z BASIS OF BEARING 13 1/4 _N89'45'04'E 2818.76' 24 W. OVERLAND RD IDAHO UNE TABLE UNE LENGTH SURVEY 8B01E lo'JA1Os• ASE 14+01144{ 22.55 InnaWmn GROUP, LLC 1.15 EXHIBIT C - 3 G cr Z AC 0 1r w 2 1n 5.13 S.18 S. 44 S.19 EXHIBIT __ DRAINING FOR CROSS ACCESS EASEMENT 1550 S. TECH LN. LOCAM 7N 14 K 1/4 OF TML %V 1/4 4X UCTION IS. 7.14.. POW., 6Jk. L"fKIN. ADA mArr. 10AW 16-241 11/26/4016 UNE TABLE UNE LENGTH BEARING L1 22.55 SO'02'47"W L2 1.15 N4914'41"W L3 3.90 N89'16'57`W L4 4.07 N89'42'18"E L5 14.67 N60'58'54"W L6 31.60 NO'56'54'W L7 9.61 N29'03'06'E L8 6.32 1 1,158'02'35"E L9 5.29 1 N59'03'06'E EXHIBIT __ DRAINING FOR CROSS ACCESS EASEMENT 1550 S. TECH LN. LOCAM 7N 14 K 1/4 OF TML %V 1/4 4X UCTION IS. 7.14.. POW., 6Jk. L"fKIN. ADA mArr. 10AW 16-241 11/26/4016 EXHIBIT D Legal Description and Depiction of the B -B Investments Easement Parcel DESCRIPTION FOR CROSS ACCESS EASEMENT 800 W. OVERLAND RD. A portion of the SW 114 of the SE 114 of Section 13, T.3N., RAW., B.M , Meridian, Ada County. Idaho, more particularly described as follows: Commencing at the S 114 corner of said Section 13 from which ilia SE 114 corner of said Section 13 bears North 89°45'04" East, 2618.78 feet; thence along North-South centerline of said Section 13 North 00"02'47" East, 48.00 feet to the REAL POINT OF BEGINNING; thence contincnng said along North-South centorltno North 00°02'47" East, 76.54 feet; thence leaving said North-South centerline North 89°42'18" East, 7.55 feet thence North 00'56'54" West, 155.47 feet; thence North 49°14'41" Wost, 6.40 feat to a point on the North-South conterlino of said Section 13; thence along said North-South centerline North 00002'47" East, 22.55 feet; thence leaving said North-South centerline South 89016'57" East, 21.39 feet. thence South 00`56'54" 'Last, 203.27 feet; thence South 27°09'47" West, 10.72 feet. thence South 00°00'47" West, 45.62 feet, thence South 89`45'04" West, 20.06 feet to the REAL POINT OF BEGINNING. EXHIBIT D - 1 589'16'57"E k 21.39'� NO'02'47'E--I 22.55'1 N49'14'6,40 6,44' k 1 ' I 1 1� k I I N Iz 'O IO�j I f/J/163 I V I�1 V ff� I I � I I ' N69'42'18*E k ' 7.55' k 1 5 20 m() (.I 40 120 SCALE: 1" = 40' k I 800 W n OVERLAND RD wk S27-09'47-W`r'"" aw 10.72' RPOB Al z in 6 S89'45'04'W 20.06' vi z OASIS OF BEARING 5.1t3S. 1$ 13/4 N89'45'OeE 2618.78' W, QVERLAND RD, S.2.19 24 IDAHO SURVEY "m M�aR � (1011"44014i4�401r 61M GROUP, LLC EXHIBIT D - 2 EXHIBIT _... DRAINING FOR CROSS ACCESS EASEMENT 800 W OVERLAND RD LOCATED N WE SM 1/4 Of THE K 1/4 C► SECTION 1% 7.314. 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