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CC - Easement (Recorded)ADA COUNTY RECORDER Christopher D. Rich 2018-039112 BOISE IDAHO Pgs=4 LISA BATT 05/01/2018 10:41 AM SPINK BUTLER AMOUNT:$19.00 00490707201800391120040048 RECORDING REQUESTED BY AND ADA COUNTY RECORDER Christopher D. Rich 159 _039 WHEN RECORDED RETURN TO: BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 05/01 201801$ 39/2018 PM City of Meridian SPINK BUTLER AMOUNT -$31.00 City Clerk 111111111111111111111111111111111111111111111111111 33 E. Broadway Ave Meridian, Idaho 83642 00490758201800391590080084 * (t - Pecorded -to InclL,d� M1 ' 'rn �Xhi b i-ts DECLARATION OF CROSS -ACCESS EASEMENT This Declaration of Cross -Access Easement is made effective this 2$ day of Apra ( , 2018 by ALTURAS 1550 TECH LANE, LLC, an Idaho limited liability company ("Grantor"), for the benefit of the real property located at 800 W. Overland Rd., Meridian Idaho, currently owned by E-13 INVESTMENTS, LLC, an Idaho limited liability company ("Grantee") and more particularly described herein. RECITALS: WHEREAS, Grantor is the owner of that certain property commonly referred to as 1550 Tech Lane, Meridian, Idaho, as more fully described in Exhibit A attached hereto and made a part hereof ("Grantor's Property"); and WHEREAS, Grantor and Grantee are currently commonly using an access onto Overland Road near the intersection with Stoddard Road, located on the common boundary of Grantor's Property and Grantee's Property (as defined below); and WHEREAS, Grantor desires to grant to Grantee a cross -access easement for interconnectivity in favor of that certain adjoining property identified as Ada County Parcel Number S 1213438401 and legally described in Exhibit B attached hereto and made a part hereof ("Grantee's Property"), subject to the terms and conditions outlined hereafter. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Grant of Access Easement. Subject to the limitations and conditions set forth herein, Grantor hereby declares and grants for the benefit of Grantee's Property a non-exclusive perpetual cross -access easement over, on, across, and through Grantor's Property for ingress and egress to travel between adjacent properties and the public right of way on the location legally described on Exhibit C and graphically depicted on Exhibit D (the "Easement Area"). 2. Purpose of Easement. The Easement shall be used for ingress and egress for vehicular and pedestrian travel by Grantee and its respective representatives, tenants, employees, customers, invitees, and agents. No parking of any vehicles shall be permitted on the Easement Area. Use of the Easement Area is not exclusively granted, but shall be in common with the use thereof by all parties. 3. Condition Precedent to Grant of Easement. The Declaration of Easement by Grantor in Paragraph 1, above, is expressly conditioned upon Grantee's grant of a recorded reciprocal DECLARATION OF CROSS ACCESS EASEMENT - 1 cross -access easement substantially equivalent to the provisions hereof for the benefit of Grantor's Property, which interfaces the common property line at the same location as the Easement Area. In the event that Grantee's Property is denied permanent access to the public right of way as a condition of a future development approval process, this Condition Precedent shall be deemed satisfied. 4. Improvements and Maintenance. Grantor agrees to improve, maintain, and keep unobstructed a paved driveway within the Easement Area in a smooth and evenly covered condition in accordance with applicable City of Meridian standards. Such maintenance shall not include removal of snow or ice or any costs associated therewith. 5. Binding on Successors, Recordation. This Easement shall be binding on Grantor's heirs, successors, administrators, executors and assigns and shall run with the land and shall be recorded in the real property records of Ada County, Idaho. 6. Easement Obstructions. No fence, landscaping, or other barrier shall be erected or permitted within or across the Easement Area which would prevent or obstruct the passage of pedestrian or vehicular travel. 7. Enforcement. Grantor or Grantee shall have the right to enforce, by any proceedings at law or in equity, all provisions of this Declaration of Cross -Access Easement. 8. Incorporation of Recitals and Exhibits. The recitals to this Declaration of Cross - Access Easement and the exhibits attached hereto are incorporated herein by reference. 9. No Public Dedication. No use hereunder shall be deemed to constitute the Easement Area as a public way or a quasi -public way, but to the contrary the Easement shall constitute and remain a private way and drive. 10. Indemnity. By use of the Easement Area, Grantee hereby agrees to indemnify, defend, and hold harmless Grantor from and against any and all liability, claims, damages, expenses (including reasonable attorneys' fees and reasonable attorneys' fees on appeal), judgments, proceedings, and causes of action for injury to or death of any person or damage to or destruction of any property occurring within the Easement Area as a result of any act or omission of Grantee or Grantee's invitees, guests, tenants, agents, successors, or assigns that may be made against Grantor by reason of the easements herein granted DECLARATION OF CROSS ACCESS EASEMENT - 2 IN WITNESS WHEREOF, the undersigned has caused this Declaration of Cross -Access Easement to be executed the day and year first written above. GRANTOR: ALTURAS 1550 TECH LANE, LLC, an Idaho limited liability company By: Alturas Management Group LLC, an Idaho limited liability company Its: Manager 4 -- By.: Blake Hansen, Manager STATE OF IDAHO ) ss. County of Ada ) On this day of 409r,- ( , 2018, before me, a Notary Public in and for the State of Idaho, personally appear d Blake Hansen, known or identified to me, to be the manager of the limited liability company that executed the instrument or the person who executed the instrument on behalf of said limited liability company and acknowledged to me 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 this certificate first above written. �•tN /� 'r•. NOTAR PUBLIC F R IDAHO �.•'� ��'•;'�,/�"+j, Residing at �IZ�1 ��itf . r�0TAR r •. My Commission Expires -- «► low AUB LIC '•.,��'�%,'•••••••'' '+'4 4% •a.� OF t�.,•• DECLARATION OF CROSS ACCESS EASEMENT - 3 (Grantor's Property Legal Description) PARCEL I: A PARCEL OF LAND SITUATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 5/8 INCH PIN MARKING THE SOUTH QUARTER CORNER OF SAID SECTION 13 AND THE POINT OF BEGINNING; THENCE NORTH 00011'52" EAST, 547.89 FEET ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF SECTION 13; THENCE LEAVING SAID EAST LINE NORTH 90000'00" WEST, 578.50 FEET; THENCE SOUTH 00006'51" WEST, 542.31 FEET TO THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 13, SAID LINE ALSO BEING THE CENTERLINE OF OVERLAND ROAD; THENCE SOUTH 8902627" EAST, 577.68 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. EXCEPTING THEREFROM: A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, SAID PARCEL ALSO BEING A PORTION OF THAT WARRANTY DEED FILED AS INSTRUMENT NO. 100034346, RECORDS OF ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARATER (SOUTH QUARTER CORNER) OF SECTION 13, SAID POINT BEING THE REAL POINT OF BEGINNING; THENCE NORTH 0030'54" EAST, 48.00 FEET (FORMERLY NORTH 0011'52" EAST), ALONG THE EAST BOUNDARY OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER TO A POINT; THENCE NORTH 89007'25" WEST, 577.75 FEET PARALLEL TO SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER TO A POINT ON THE WEST BOUNDARY OF SAID WARRANTY DEED; THENCE SOUTH 0025'53" WEST, 48.00 FEET (FORMERLY SOUTH 0°06'51" WEST) TO A POINT ON THE SOUTH BOUNDARY OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE SOUTHWEST CORNER OF SAID WARRANTY DEED; THENCE SOUTH 89007'25" EAST, 577.68 FEET (FORMERLY SOUTH 89026'27" EAST, 577.68 FEET) ALONG SAID SOUTH BOUNDARY OF SECTION 13 TO THE REAL POINT OF BEGINNING. PARCEL II: A PERPETUAL NON-EXCLUSIVE EASEMENT, THROUGH, UNDER, OVER, UPON AND ACROSS THAT PORTION OF THE PROPERTY DESCRIBED IN EXHIBIT B IN THAT RESTATED DECLARATION OF EASEMENT AND RESTRICTIVE COVENANTS, RECORDED JUNE 29, 2007 AS INSTRUMENT NO. 107093616, AND WHICH WAS PREVIOUSLY SHOWN ERRONEOUSLY AS RECORDED JUNE 28, 2007, AS INSTRUMENT NO. 107092101, DESCRIBED AS FOLLOWS: A PARCEL OF LAND BEING A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIN MARKING THE SOUTH QUATER CORNER OF SAID SECTION 13; THENCE ALONG THE SOUTH BOUNDARY OF SAID SECTION 13, WHICH EXHIBIT A -1 IS ALSO THE CENTERLINE OF WEST OVERLAND ROAD, NORTH 89026'27" WEST, 577.68 FEET TO A POINT; THENCE LEAVING SAID SOUTH BOUNDARY NORTH 00006'51" EAST, 48.00 FEET TO AN IRON PIN ON THE NORTH RIGHT OF WAY LINE OF SAID WEST OVERLAND ROAD, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID NORTH RIGHT OF WAY LINE NORTH 89026'27" WEST, 71.53 FEET TO A POINT; THENCE LEAVING SAID NORTH RIGHT OF WAY LINE NORTH 01016'26" EAST, 66.48 FEET TO A POINT ON A CURVE TO THE RIGHT WITH A RADIUS OF 60.84 FEET, A CENTRAL ANGLE OF 20054134", A LENGTH OF 22.20 FEET AND A CHORD WHICH BEARS NORTH 10033'39" EAST, 22.08 FEET; THENCE LEAVING SAID CURVE, NORTH 21012'15" EAST, 25.61 FEET TO A POINT ON A CURVE TO THE LEFT WITH A RADIUS OF 27.61 FEET, A CENTRAL ANGLE OF 21043'58", A LENGTH OF 10.47 FEET AND A CHORD WHICH BEARS NORTH 10045'10" EAST, 10.41 FEET; THENCE LEAVING SAID CURVE, NORTH 00004'22" WEST, 48.26 FEET TO A POINT; THENCE NORTH 00008'45" EAST, 51.63 FEET TO A POINT; THENCE NORTH 00000'41" EAST, 52.56 FEET TO A POINT; THENCE NORTH 00026'21" WEST, 46.70 FEET TO A POINT; THENCE NORTH 00015'59" EAST, 160.00 FEET TO A POINT; THENCE NORTH 00004'27" EAST, 14.71 FEET TO A POINT ON A CURVE TO THE LEFT WITH A RADIUS OF 14.00 FEET, A CENTRAL ANGLE OF 52021'08", A LENGTH OF 12.79 FEET AND A CHORD WHICH BEARS NORTH 26006'07" WEST, 12.35 FEET TO A POINT OF REVERSE CURVE TO THE RIGHT WITH A RADIUS OF 59.50 FEET, A CENTRAL ANGLE OF 285027'47", A LENGTH OF 296.45 FEET AND A CHORD WHICH BEARS SOUTH 89032'48" EAST, 72.06 FEET TO A POINT OF REVERSE CURVE TO THE LEFT WITH A RADIUS OF 14.00 FEET, A CENTRAL ANGLE OF 53007'06", A LENGTH OF 12.98 FEET AND A CHORD WHICH BEARS SOUTH 26037'33" WEST, 12.52 FEET TO A POINT; THENCE SOUTH 00004'00" WEST, 1.59 FEET TO A POINT; THENCE SOUTH 90000'00" WEST, 5.72 FEET TO A POINT; THENCE SOUTH 00006151" WEST, 494.56 FEET TO THE POINT OF BEGINNING. EXHIBIT A - 2 EXHIBIT B (Grantee's Property Legal Description) 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 5/8 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 0°02'54" 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 0102'54" West a distance of 305.60 feet to a 5/8 inch diameter iron pin; thence leaving said Westerly boundary North 89139'20" 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 89039'20" 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 EXHIBIT C (Easement Area Legal Description) DAi-i O 9955 W Emerald St SURVEY Boise, ID 83704 GROUP Phone: (208) 846-8570 Fax: (208) 884-5399 1550 S. Tech Lane Cross -Access Easement Description April 10, 2018 A strip of land situated in the Southeast 1/4 of the Southwest 1/4 of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a Brass Cap marking the South 1/4 corner 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 along the East boundary of the Southwest 1/4 of said Section 13, North 00°02'47" East, 48.00 feet to the North right-of-way line of West Overland Road, and the REAL POINT OF BEGINNING; Thence leaving the East boundary of the Southwest 1/4 of said Section 13, North 89°35'04" West, 30.00 feet along said North right-of-way line; Thence leaving said North right-of-way line, North 00"02'47" East, 47.60 feet; Thence South 89°35'04" East, 30.00 feet to the East boundary of the Southwest 1/4 of said Section 13; Thence along said East boundary, South 00"02'47" West, 47.60 feet to the REAL POINT OF BEGINNING. Said strip of land contains 1,428 square feet, more or less. End of Description. EXHIBIT C N' �L �C 2 10 40 0 - 20 SCALE_ 1 " = 20' W 1/16 EXHIBIT D (Depiction of Easement Area) o, A 1 KENNEDY LATERAL NI DI b1 Z� W OVERLAND RD BASIS OF BEARING N89'35'04"W 1327.84' I. I� Q Cd It W h c( - IN IP I0 z 13 raL S 1/4 24 S�- KL LANA ONS �( o 93- 1� 779 OF 0 O� YM MCC ��lt EXHIBIT DRAWING FOR JOB N0. IDAHO 1e -1,T SUITE 130 155 S. TECH LANE SURVEY MERIDIAN, IDAHO 93642 SHEET NO (206)84&8570 CROSS ACCESS EASEMENT 1 GROUP LLC LOCA tED IN THE SE 1/4 OF THE SW 1/4 OF SECTION 13, T.3N., RAW.. B -M.. DWG. DATE CITY Of MERIDIAN, AOA COUNTY, IDAHO 4/10/2018 EXHIBIT D C 1/4 1� 1� N I N Q O Z I� 1 I S89'35'04"E ---- 30.00' _ . 1 1 1 1 1 � 1� 1 d- 1 1 1= 1I� f �- IN 1 � 1- f � 1 (/3 1 __ 30_00' __ N89"35'04"W I R.P.0.B. I. I� Q Cd It W h c( - IN IP I0 z 13 raL S 1/4 24 S�- KL LANA ONS �( o 93- 1� 779 OF 0 O� YM MCC ��lt EXHIBIT DRAWING FOR JOB N0. IDAHO 1e -1,T SUITE 130 155 S. TECH LANE SURVEY MERIDIAN, IDAHO 93642 SHEET NO (206)84&8570 CROSS ACCESS EASEMENT 1 GROUP LLC LOCA tED IN THE SE 1/4 OF THE SW 1/4 OF SECTION 13, T.3N., RAW.. B -M.. DWG. DATE CITY Of MERIDIAN, AOA COUNTY, IDAHO 4/10/2018 EXHIBIT D