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CC - Cross Access Easement Agreement and Recorded PlatsADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 48.00 16 BOISE IDAHO 10126106 03:24 PM DEPUTY Neaua Haney RECORDED—REQUEST OF IIII"II'llll'll'I'll'II��IIII��'�' WHEN RECORDED RETURN TO: Meuleman Mollerup 106169335 Mike Baldner Meuleman Mollerup LLP 960 Broadway Ave., Suite 500 Boise, ID 83706 MUTUAL ACCESS EASEMENT THIS MUTUAL ACCESS EASEMENT ("Easement") is made this da o 2006, by and between SADIE CREEK COMMONS, LLC, a Nevada limited liability company ("Sadie Creek Commons") CORNER POCKET LLC, a Nevada limited liability company ("Corner Pocket")and SADIE CREEK LLC, an Idaho limited liability company ("Sadie Creek") (referred to hereinafter sometimes as Party or Parties). In and for consideration of the mutual covenants exchanged herein, the parties hereby agree as follows: 1, DEFINITIONS. The following terms used in this Easement shall have the meanings hereinafter set forth. Parcel A: That certain real property owned by Sadie Creek Commons, located in the County of Ada, State of Idaho, more particularly described on Exhibit A attached hereto and as shown on the drawing attached hereto as Exhibit B. Parcel B: That certain real property owned by Sadie Creek located in the County of Ada, State of Idaho, more particularly described on Exhibit A attached hereto and as shown on the drawing attached hereto as Exhibit B. Parcel C: That certain real property owned by Corner Pocket located in the County of Ada, State of Idaho, more particularly described on Exhibit A attached hereto and as shown on the.drawing attached hereto as Exhibit B. Parcel: Parcel A, B or C Sadie Creek Avenue: That certain real property located on Parcel A in the County of Ada, State of Idaho, identified as "Sadie Creek" Avenue and more particularly described on Exhibit. C. Eagle Access: That certain real property located on Parcel B in the County of Ada,', State of Idaho, identified as "Eagle Access" on and more particularly described on Exhibit C. Mutual Access Easement — Page 1 2, PARCELS. . The Parcels are located on the southwest corner of N. Eagle Rd. and W. Ustick Rd, in the County of Ada, State of Idaho. EASEMENTS. a. Sadie Creek Avenue i. Sadie Creek Commons, as grantor, hereby grants to Sadie Creek and Comer Pocket, its tenants, contractors, employees, agents, customers, licensees and invitees, and the subtenants, contractors, employees, agents, customers, licensees and invitees of such tenants, for the benefit of Parcel B and C, a non-exclusive easement for ingress and egress by vehicular and pedestrian traffic, but not for parking, over and across Sadie Creek Avenue and for maintenance and repair of the Improvements located thereon. ii. Sadie Creek Commons reserves the right to utilize Sadie Creek Avenue for ingress, egress, and underground utilities. iii. Any Party may elect to construct roadways, gutters (as well as storm drainage facilities), and sidewalks (the "Improvements") upon Sadie Creek Avenue in order to utilize the easement granted hereunder. Prior to such construction, however, the constructing Party shall submit sufficiently detailed plans and specifications to the non -constructing Party's designated representative, which shall meet all requirements of Ada County Highway District or any other governmental entity, imposed upon Sadie Creek Commons, two (2) competitive construction bids, evidence of workers' compensation and general liability insurance with limits appropriately proportionate to the scope of the Improvements, and evidence of financial ability to pay for all such construction to the non -constructing Party for its approval, which shall not be unreasonably denied or conditioned. Failure of the non -constructing Party to object to anything contained in the submission within fifteen (15) days of its receipt shall be deemed the non -constructing Party's approval. The Parties shall notify each other within ten (10) business days following the execution of this Agreement who the designated representative for each Party shall be. The Parties shall promptly update the other Parties if a change is made to the designated representative position. The constructing Party shall promptly pay for all construction which takes place upon Sadie Creek Avenue and shall not permit any liens to be filed upon the non - constructing Patty's parcel, and shall indemnify, defend and hold harmless the non -constructing Party from all claims for payment or otherwise relating to or arising out of such construction. The cost of construction shall be borne entirely by the constructing Party; however, the non -constructing Party shall not be permitted to utilize any of the Improvements so constructed for itself, its tenants, contractors, employees, agents, licensees and invitees unless it shall have reimbursed the constructing Party (17.5 percent in the case of Corner Pocket and 32.5 percent in the case of Sadie Creek Commons and 50 percent in the case of Sadie Creek) of its share of costs in constructing the Improvements. The constructing Party may take reasonable steps to prevent any use of Sadie Creek Avenue prior to such payment. Mutual Access Easement — Page 2 In the event the constructing Party is Sadie Creek, Sadie Creek shall be responsible for all maintenance and costs related thereto until such time, if ever, the other Parties begin utilizing the Improvements. At such time, and from then after, the other Parties shall become responsible for 1, the same percentage set forth above of all maintenance and the costs related thereto. b. Eagle Access i. Sadie Creek, as grantor, hereby grants to Sadie Creek Commons and Corner Pocket, its tenants, contractors, employees, agents, customers, licensees and invitees, and the subtenants, contractors, employees, agents, customers, licensees and invitees of such tenants, for the benefit of Parcel A and C, a non-exclusive easement for ingress and egress by vehicular and pedestrian traffic, but not for parking, over and across Eagle Access and for maintenance and repair of the Improvements located thereon. ii. Sadie Creels reserves the right to utilize Eagle Access for ingress, egress, and underground utilities. iii. Any Party may elect to construct roadways, gutters (as well as storm drainage facilities), and sidewalks (the "Improvements") upon Eagle Access in order to utilize the easement granted hereunder. Prior to such construction, however, the constructing Party shall submit sufficiently detailed plans and specifications, two (2) competitive construction bids, evidence of workers' compensation and general liability insurance with limits appropriately proportionate to the scope of the Improvements, and evidence of financial ability to pay for all such construction to the non -constructing Party's designated representative for its approval, which shall not be unreasonably denied or conditioned. Failure of the non -constructing Party to object to anything contained in the submission within fifteen (15) days of its receipt shall be deemed the non -constructing Party's approval. . The Parties shall notify each other within ten (10) business days following the execution of this Agreement who the designated representative for each Party shall be. The Parties shall promptly update the other Parties if a change is made to the designated representative position. The constructing Party shall promptly pay for all construction which takes place upon Eagle Access and shall not permit any liens to be filed upon the non -constructing Party's parcel, and shall indemnify, defend and hold harmless the non - constructing Party from all claims for payment or otherwise relating to or arising out of such construction. The cost of construction shall be borne entirely by the constructing Party; however, the non -constructing Party shall not be permitted to utilize any of the Improvements so constructed for itself, its tenants, contractors, employees, agents, licensees and invitees unless it shall have reimbursed the constructing Party (17.5 percent in the case of Corner Pocket and 32.5 percent in the case of Sadie Creek Commons and 50 percent in the case of Sadie Creek) of its share of costs in constructing the Improvements. The constructing Party may take reasonable steps to prevent any use of Sadie Creek Avenue prior to such payment. In the event the constructing Party is Sadie Creek, Sadie Creek shall be responsible for all maintenance and costs related thereto until such time, if ever, the other Parties begins utilizing Mutual Access Easement — Page 3 the Improvements. At such time, and from then after, the other Parties shall become responsible for the same percentage set forth above of all maintenance and the costs related thereto. C. Cross -Access Easements. Sadie Creek, as grantor, hereby grants to Sadie Creek Commons and Corner Pocket, its respective tenants, contractors, employees, agents, customers, licensees and invitees, and the subtenants, contractors, employees, agents, customers, licensees and invitees of such tenants, for the benefit of Parcel A and C, as grantee, a perpetual non-exclusive easement for cross access by vehicular and pedestrian traffic, but not parking, upon or over roadways that may exist from time to time on Parcel B. Sadie Creek shall design and build roadways on its parcel in such a fashion so as to permit reasonable access through and across Parcel B and provide Parcel A and C access to Eagle Road from Sadie Creek Avenue. Sadie Creek is under no obligation to construct such roadways; however when constructed, such roadways must provide reasonable access across and through Parcel B and provide for Parcel A and C future access to Eagle Rd. Once constructed, Sadie Creek has the right to relocate the Improvements so long as the relocated Improvements continue to provide reasonable access as required herein. Sadie Creek shall be responsible for performing and paying for any maintenance, repairs, resurfacing or replacements related to this Cross Access Easement. Sadie Creek Commons, as grantor, hereby grants to Sadie Creek and Corner Pocket, its respective tenants, contractors, employees, agents, customers, licensees and invitees, and the subtenants, contractors, employees, agents, customers, licensees and invitees of such tenants, for the benefit of Parcel B and C, as grantee, a perpetual non-exclusive easement for cross access by vehicular and pedestrian traffic, but not parking, upon, over roadways that may exist from time to time on Parcel A. Sadie Creek Commons shall design and build roadways on its parcel in such a fashion so as to permit reasonable access through and across Parcel A and provide Parcel B and C access to Ustick Road from Eagle Access. Sadie Creek Commons is under no obligation to construct such roadways; however when constructed, such roadways must provide reasonable access across and through Parcel A and provide for Parcel B and C future access to Ustick. Once constructed, Sadie Creek Commons has the right to relocate the Improvements so long as the relocated Improvements continue to provide reasonable access as required herein. Sadie Creek Commons shall be responsible for performing and paying for any maintenance, repairs, resurfacing or replacements related to this Cross Access Easement. Corner Pocket, as grantor, hereby grants to Sadie Creek and Sadie Creek Commons, its respective tenants, contractors, employees, agents, customers, licensees and invitees, and the subtenants, contractors, employees, agents, customers, licensees and invitees of such tenants, for the benefit of Parcel A and B , as grantee, a perpetual non-exclusive easement for cross access by vehicular and pedestrian traffic, but not parking, upon, over roadways that may exist from time to time on Parcel A. Corner Pocket shall design and build roadways on its parcel in such a fashion so as to permit reasonable access through and across Parcel C. Corner Pocket is under no obligation to construct such roadways; however when constructed, such roadways must provide reasonable access across and through Parcel C. Once constructed, Corner Pocket has the right to relocate the Improvements so long as the relocated Improvements continue to provide Mutual Access Easement — Page 4 reasonable access as required herein. Corner Pocket shall be responsible for performing and paying for any maintenance, repairs, resurfacing or replacements related to this Cross Access Easement. 4. EASEMENT OBSTRUCTIONS. No fence or other barrier shall be erected or permitted within or across the easements granted hereunder which would prevent or obstruct the passage of pedestrian or vehicular travel; provided, however, that the foregoing shall not prohibit (i) the temporary erection of barricades which are reasonably necessary for security and /or safety purposes in connection with the construction, reconstruction, repair and maintenance of Improvements, including the Easement, it being agreed by the Parties however, that all such work shall be conducted in the most expeditious manner reasonably possible to minimize the interference with the use of the Easement, and such work shall be diligently prosecuted to completion, or (ii) the construction of limited curbing or other forms of traffic controls along the outer perimeter of the Easement. Each Party reserves the right to close off the Easement for such reasonable period of time as may legally necessary to prevent the acquisition of prescriptive rights by anyone; provided, however, that prior to taking such action, such Party shall give written notice to the other Parties of its intention to do so, and to the extent reasonably possible, the Parties shall coordinate such closing so that the interruption in the use and enjoyment or the Easement is kept to a minimum. Further, this section shall not limit any rights created in sections 3(a) or 3(b) to prevent a non -constructing Party from utilizing the constructed roadways described in those sections prior to payment of the non -constructing Party's percentage of construction costs. 5. DEDICATIONS. The Parties except and reserve unto themselves, their successors and assigns, the right to dedicate any of the easements granted hereunder at any time upon unanimous agreement of the Parties. In addition, the Parties acknowledge that Sadie Creek Avenue may be dedicated by Sadie Creek Commons without the consent of any other Party. Sadie Creek Commons shall dedicate Sadie Creek Avenue upon the completion of construction regardless of which Party constructs Sadie Creek Avenue. Notwithstanding the foregoing, Sadie Creek Commons may delay the dedication of Sadie Creek Avenue until such time as all lenders holding security interests in Parcel B prior to date of this agreement have executed and recorded their consent and joinder to this agreement. Prior to such dedication, however, Sadie Creek Commons and Corner Pocket shall pay their percentage of the construction costs to Sadie Creek if the Sadie Creek Avenue Improvements were constructed and paid for by Sadie Creek. Upon any such dedication all private rights of the Parties therein shall automatically terminate and expire. Until and unless an express dedication is made of an easement, no use hereunder shall be deemed to constitute the easement as a public way or a quasi -public way and drive. No dedication shall, however, be made of the easement unless (i) such easement is accepted by the public entity for maintenance as a public street or drive; or (ii) the dedication does not preclude or prevent the continued use by the Parties of the entrance to and exit from the Easement then being used. 6. GENERAL. Mutual Access Easement — Page 5 a. Covenants Run With the Land. The easements on each Parcel created hereby shall be a burden on such Parcel and shall be appurtenant to and for the benefit of the other Parcels and each party thereof and shall run with the land. b. Successor. These easement shall inure to the benefit and be binding upon the Parties, their respective successors, assigns, heirs and personal representatives, and upon any person or entity acquiring a Parcel, or any portion thereof, or any interest therein, whether by operation of law or otherwise. C. Attorneys Fees. In the event any Party initiates or defends any suit, action or other proceeding to enforce or interpret the terms of this Mutual Access Easement, the prevailing Party in such suit, action or other proceeding shall be entitled to recover its reasonable attorney's fees and costs (including reasonable attorney's fees and costs on any appeal). d. Entire Agreement. This Mutual Access Easement contains the entire agreement between the Parties and supersedes all prior agreements, negotiations or understandings, written or oral, with respect to the subject matter hereof. e. Choice of Law. This Mutual Access Easement shall be governed by and construed in accordance with the law of the state of Idaho. 7. CONSENT AND JOINDER OF LENDER The Parties agree that each shall use good faith to have its lender, if any, who holds a security interest in the Parcel encumbered hereby execute and record a consent and joinder to the terms of this document. EXECUTED the day and year first above written. Sadie Creek LLC, Sadie Creek Commons LLC, An Idaho limited liability company A Nevada limited liability company By: Folio, mer By: Cory Swain, its President Mutual Access Easement — Page 6 its: Corner Pocket LLC, A Nevada limitedlia By: Its: STATE OF IDAHO ) J� ) ss. COUNTY OF AL1CLl 1 1 On this AIday of k , 2006 before menthe undersigned, a Notary Public in and for said state, personally_ a eared /TZ1ti , known or identified to me to be a member of the � " I that executed the instrument or the person who executed the instrument on behalf of said 6"QE(41 iC) and acknowledged tome that such A646010 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. ......... ...'y% NuOry Publ fo daho - ROTA % Residing in 1%/1(G2°lllil�� CC/(C1 RI, ' �' �• ®, = My commission expires: MY COMMISSION EXPIRES ep em er IS, 2012 1'UBL1C •' BONDED TRRU NOTARY PUBLIC UNDERWRITERS Mutual Access Easement — Page 7 STATE O M%ke, ) ) ss. ���� COUNTY OF aQY — ) On this 9b day of O��U 2006 before me, the undersigned, a Notary Public in and for said state, personally appeared Mike A. Chernine, known or identified to me to be a member of the limited liability company that executed the instrument 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. NiC,N DLEBTE TAKEMOTO Notary Pu tc Na+ary Public State of Nevada Residingin f q + No. 09.98331.1 N Ne? asp apµ1. maµ. Jane 27, 2009 My commission expires��WV. 17-1,100 STATE OFA ) C% ) ss, COUNTY OF � Wk ) On this 90 day of_� 4tr , 2006 before me, the undersigned, a Notary Public in and for said state, personally appeared Mike A. Chernine, known or identified to me to be a member of the limited liability company that executed the instrument 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. NIC HOLETft TAKEMOTO NaMry Pobllc state of Nevada Nb. 05-90331.1 My apps, exp. Jane 27, 2009 [4waspe Mutual Access Easement — Page 8 +. L A 273113A EXHIBIT A PARCEL "A" VA t? CSL A A parol -of land lying In the Northeast quarter Northeast quarter of Sexton 5, Townslilp 3 North, Range i East, Boise Msritlian, Ada County, Idaho, said parcel being more particularly described as follows: Commencing at a foundbrass cap marking the Northeast comer of said Section 5, Township 3 North, Range 1 Hasa Boiso Meridian, Ada County, Idaho, said brass cap bears North 89"39'20" East, 2656.46 feet from a set 5/8" iron pin marking the North quarter comer of said Section 5, said brass cup also bears North 00°00'00" West, 2611,41 foot (formerly 2611.90 feat) from a found brass cap marling the, East quarter coma of said Section 5; Thence South 99°39'20" West 495.33 feet along the North boundary of the said Northeast quarter Northeast quartet of Section 9 and along the ceaterlino of UStck Road to a point; Theace South 01005'59" West 25.00 fed to a found 5/8" iron pin lying on the Southerly right of way of said Uatick Road and marking the REAL POINT OF BEGINNING; Timms continuing South 01005'59" West 319.26 feet to a set 5/8" iron pia; Thence North 81*54'00" West 279.88 feet to a set 5/8" iron pin; ThenceNoNh 64412'00" West 600.96 feat to a set 5/8" iron pin tying on the Easterly boundary of Carof's Subdivision -No, 2, a recorded in Book 39 of Plata at pages 3248 and 3249, records of Ada County, Idaho; Thermo North 00613' 11" Wast 32.39 feot along the said Easterly boundary of Carol's Subdivision No, 2 to a found 5M, imn pin the Northeast comer of said Carol's Subdivision No, 2, said pin also lying on the said Souttwrly right of way ofustick Road; Thence North 691910" East • 932.24 test (formerly 832.27 fad) along the said Southerly right of way of Ustick Road 'todie PONT OF BROiNMNO. EXCEPT that portion eouvoyad to Ada County Highway District by deed recorded under Insimmau No. 105044544. PARCEL "C" A pored oblandlying intheNortheast quarter Northeast quarter of Soodou 5, Township 3 North, Range 1 Host, Bolsa Meridian, Ada County, Idaho, said parcel being more particularly described os fltgows: Commeueiag at a foundbrasscap marking the Northeast coma of said Section 5, Township 3 North, Range i Baal, Beise.Meridian, Ada Comity, Idaho, said brass cap boars North 89039'20" East 2656.46 fed from a sd 5/8" Iran pita marking the North quarter comer of said Section 5, said brass cap also buts North 00°00'00" Wast 2611.41 fag (formerly 2611,50 too) from a found brass cap marking the Hast quarter coma of said Section 5, Thence South 00°00'00" East 400.00 feat along the East boundary of the said Northeast quarter Northeast quarter of Section 5 to a point; Thence North 84°06'00" West 51.29 fed to a ad 5/8" iron pin lying on the Westerly right of way of State Highway 55 (Eagle Road), said pin also marking tie REAL POINT OF BEGINNING; Thence South 01*14'39" West 276.81 text along the said Westerly right of way of State Highway 55 (Eagle Road) to a ad 5/8" from pin; Tlience North 83°54'00" West 510.21 fed to a set 5/8" 'iron pin; 2731 ISA EXMff A Thenos North 71028'10" West 803,90 feet to a set 5/8" iron pin lying on tho Easterly boundary of Carol's Subdivision No. 2, as recorded in Book 39 of Plats at pages 3248 and 3249, records of Ada County, Idaho; Thence North 00° 15' 11" West 296,40 feat along the said Easterly boundary of Carol's Subdivision No. 2 to a set 5/8" iron pin; Thence South 66012100" East 600.96 fed to a set 5/8" iron pin; Thence South 81054'00" East 303.60 feet to a set 5/8" iron pin; Thence South 84006100" East 428.70 fed to the POINT OF BEGINNING. 27311S EXHIBIT A 'PAKC.i L -c. A pared of laud lying in the Nit 1/4 of the NB'/, of Section 9, Township 3 North, Rongo 1 Hnst, Boise Meridian, Ada Cduuty, Idaho, said parcel is also (mown as Parcel B of Record of Survey No. 6418, recorded February 13, 2004 or Instrument No. 104016722, of official records, being more particularly describedasfbifows: COMMiiNGING at a Ibtmd brass cap marking tha Northeast corner of sold Section 5, Township 3North, Range 1 East, HaisoMeadlan, Ada County, Idaho, said brass cap bears North 89139'20" Hast 2656,40 fed from a got 5/8" iron pin making the NONh quarter comer of said Section S, said brass cop also boars North 00100'00" West 2611.41 fad (formerly2611.50 flet) from a found brass cap mullring lite Hnst quarter corner of said Section 5; Thence South 00000'00" Hast 400.00 feet along the Bast boundary of the said NH '/ of the NH b of Section 5 to a point, Thence North 84906100" Wed (tbrmerly North 83'27'47" West and North 84004' West) 51,29 fed to a set 5/8" iron pin lying on the Westerly right -of way of State ISlghwoy 55 (Hague Road), said pin also marking the REAL POINT tip BEGINNING; Thence continuing North 94°06100" West (formerly North 84'04' Wart) 428.70 feet to a set US" iron pin; Thawo North 81444'00" Wart 24.72 feet to a set 3/8" iron pin; Thence North (IMS'59" Hast (t6rmerly North 1424'39" Host 116.81 font) 319.26 fed to a found 5111" iron pin lying on We Southerly rigWof--way of Ustck Road; nonce North 89°3t 7d3 Bast 432,81 foot niong tike sold Southerly right -of way of Ustick Road to a sot 5/8" Iron pin mnrikiag the right-of-way latorwell t of sold Ugti* Road and said State Highway 55 (Hagle hood); Thom Soudt 01'14'39" Wass 349.56 ftid along the said Wattulyrdght.ofrway of State Highway 55 (Sago Road) to the POINT Of 04044MNa EXCEPTING TIMRHMM a pared of land being a•portion of that tract 01 104 as descriisod in Wsrratity ©cal InsimmoutNo. 106009832, Ads CountyRaeotds, said parcel, betas sintatod Iathe NZ W of the NH W of Section 5, Township 5 North, Rose 1 East, Bolse Metidlan, Ada County, Idaho, is more paMoutorly described is foilows: COMMENCING attic Northeast corner of said Soctids S; Thottoe Alonglite M" Roo of said sodtan Nbrlh- 89044'39" Wert, 42.45 fbot; Tlteacelowing said section- line Saudi 0305014" West, MAO fed to the NortiteM comer of sold tract being the POINT OF BliolNI+i1Nt'r; Thum oomirmhal; along the Hast line of said tract South 0I°50'34" West, 63.90 fed; Them lowing sa14 East line North 43454'11" West, 45.81 M to a point being $6,00 fed South orthe North lino ofgafd Sodion 5; Thence along -a lineirdmitd with wad 56.00 feat South of said section line North 8904419" West, 181.46 foot; Thenco leaving said parallel line North 85025'46" Wet,180.57 fed; Thence North 88°47' IS" West, 58.01 fad to the West lino of sold tract; Thouce along said West lino North Ot°41'54" Bast, 16.45 fed to a point being 23.00 foot South of the North line of said Sediou 5; Tho nco aloug a line parallel with and 2S,00 foot South of sold section line South 89°44139" Sart, 452.80 fed to die POINT 00 BEGINNING. DESCRIPTION FOR FOLIO, INC. LEb�I GbA PAA c "8 , March 14, 2005 A PARCEL OF LAND BEING PARCEL "D" OF RECORD OF SURVEY NO. 6418, LOCATED IN THE NE'/. OF THE NE % OF SECTION 5, TOWNSHIP 3 NORTH; RANGE 1 LAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N., R. 1 E., B.M.., THENCE S 00°00'00" f✓ 677.57 ALONG THE EAST LINE OF SAID SECTION 5 TO A POINT; THENCE N 83°54'00" W 57.36 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE 8 01.14'39" W 377.00 FEET ALONG SAID RIGHT OF WAY TO A POINT; THENCE N 83°134'00" W 80.59 MEET TO A POINT; THENCE N 64° 11'00" W 79.87 FEET TO A POINT; THENCE S 89°54'00" W 200.00 FEET TO A POINT; THENCE N 79007'00" W 31 9.D0 FEET TO A POINT; THENCE S 77°06'00" W 267.75 FEET TO A POINT; THENCE S 87600'00"W $35.19 FEET TO A POINT ON THE EASTERLY BOUNDARY OF CAROL'S SUBDIVISION NO. 2; THENCE N 0001511" W 560.14 FEET ALONG SAID BOUNDARY TO A POINT; THENCE S 71028'10" E 803.90 FEET TO A POINT; THENCE 5 83064'00"E 510.21 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, COMPRISING 437,825 SQ.FT. (10.05 ACRES), MORE OR LESS. SADI&PARCEL E EXHIBIT re c® ro a r 7 [ :I �--t��rrnrn�nm r�,� n I�� �Irrrrmurr mU ��l,ln�mnrumrrr rr nr�� � � I l° HLUI U (IIIllgfi!!IU �,.I f t� � 9,L,111,1L1,Ill JIiT1171T�j.�JTIt{l UI(l� 'n+� Um111II1i((TL N 6,iiHffm �wwULU )FIMi17f77j7}Ili�i(7t umim ( r u r:1111unuinami.1 MINN IL p WIMM � h F — I`d I �%J(i l JI i �f°a j iI (` Illll all _?_. It III;I� �._YLS� 'Oi.S.. i•a I� o- h�� FM I I J IFIL - s��I �1 ; yli�lYR, s I I IIIIIIIII ,,fIIIIIIIII� J P p EXHIBIT "C" DESCRIPTION FOR BIENVILLE :SQUARE SUBDIVISION CROSS -ACCESS EASEMENT September 26, 2006 EASEMENT 1 (SEE EXHIBIT "'I") AN EASEMENT BEING A PORTION OF THE NE '% OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN., ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N., R.1 E., B,M., THENCE S 89°30'20" W 1111.16 ALONG THE NORTH LINE OF SAID SECTION 5 T A POINT; THENCE S 00°15'11" E 38.00FEET TO A POINT ON THE SOUTH RIGHT OF WAY OF USTICK ROAD, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00022'09"W 388.53 FEET TO A POINT ON THE NORTHERN BOUNDARY OF PROPOSED BIENVILLE SQUARE SUBDIVISION; THENCE N 71428'10"W 56.83 FEET ALONG SAID NORTH BOUNDARY LINE TO A POINT; LEAVING SAID NORTH BOUNDARY LINE THE FOLLOWING; THENCE N 00022'09" E 370.15 FEET TO A POINT ON SAID USTICK RIGHT OF WAY; THENCE N 89`30'20" E'54.00 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. BIENVILLE-X-ACCESS EXHIBIT "C" DESCRIPTION FOR BIENVILLE SQUARE SUBDIVISION CROSS -ACCESS EASEMENT September 26, 2006 EASEMENT 2 (SEE EXHIBIT "1") AN EASEMENT BEING A PORTION OF THE NE'/, OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N., R.1 E., B.M., THENCE S 00600'00" W 901.59 ALONG THE EAST LINE OF SAID SECTION 5 TO A POINT; THENCE N 90000'00" W 62.04 FEET TO A POINT ON THE EAST BOUNDARY LINE OF PROPOSED BIENVILLE SQUARE SUBDIVISION, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 89022'40"W 394.43 FEET TO A POINT; THENCE N 00037'20" E 268.22 FEET TO A POINT ON THE NORTHERN BOUNDARY LINE OF SAID BIENVILLE SQUARE SUBDIVISION; THENCE S 83"54'00" E 40.18 FEET TO A POINT ALONG SAID NORTHERN BOUNDARY LINE; THENCE S 00937'20"W 208.38 FEET TOA POINT; THENCE S 89W'40" E 355.04 FEET TO A POINT ON THE EAST BOUNDARY LINE OF SAID BIENVILLE SQUARE SUBDIVISION; THENCE S 01 *14'39"W 56.01 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. N 8913'. 34 25 o3_ E EXHIBIT "I" n;Lj,• E Us„CK ROAD 32 33 S• S OW30'W W 1328.18' EA. POW F 9WNNMO ► ASSENT 1 UNPLAT,ED , 7Sj 91ST I:?: ::il� g I Sn Bfolk I ` N lit Ot_ I REAL POW PROPOSED BIENMLLE SQUARE °PY, ,'r"s ► a I s C SU9DlVISfON goov E ex.oa I� I► REVISIONS CROSS—ACCESS EASEMENTS FOR BIENVILLE SQUARE Stanley Consultants wc. LOCATED IN THE NE 1/4 OF SECTION 5, 1940 UITEN40 war 2 T..3N., RAE., B.M. MERIDIAN, IDMO 83642 } MERIDIAN, ADA COUNTY, IDAHO 208-288-0573 DRAWN: MEM DATE: 9/26/06 SCALE: NIS JOB N0. 19281 wr IMF SQV p,R ENv1LLE POP v ASE% \ OURBON SIRE �% ' NE 6,4.00 Ni 314-02!CCY E' A �O W .9 Ns' A\ .Ob 22 68 'N U In W 5 M w U- Ocr . C7 a-�o� r O-�� ww M W > _a Wm��O S C Nim No O CC'r—r Z O S i fo i F z U) w 'rV o o, e N wr IMF SQV p,R ENv1LLE POP v ASE% \ OURBON SIRE �% ' NE 6,4.00 Ni 314-02!CCY E' A �O W .9 Ns' A\ .Ob 22 68 'N U In W 5 M w U- Ocr . 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