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HomeMy WebLinkAbout2019-05-21 David DorroughChris Johnson From: Sonya Allen Sent: Tuesday, May 21, 2019 12:12 PM To: Charlene Way; Chris Johnson Subject: Pollard Sub - Public Testimony Attachments: scan2522.pdf; scan2519.pdf, scan2521.pdf, scan2520.pdf From: David Dorrough <david@franklinsensors.com> Sent: Tuesday, May 21, 2019 12:02 PM To: Sonya Allen <sallen@meridiancity.org> Cc: karen@franklinsensors.com; 'Keith McGregor' <keith@FranklinSensors.com>; 'Jacob Barrett' <jacob@franklinsensors.com>; 'Michelle Dorrough' <michelledorrough@yahoo.com> Subject: A Second Letter for City Council Hi Sonya, Please find attached a second letter for the City Council, with the associated attachments. Can you please confirm that you received this letter, and the one that I sent yesterday? Regards, David After recording return to: Right of Way Idaho Transportation Department P.O. Box 7129 Boise, Idaho 83707-1129 Project No. A011(236) Key No. 11236 Parcel No. 34 Parcel ID No. 0044476 ADA COUNTY RECORDER Christopher D. Rich AMOUNT M 3 BOISE IDAHO 06/19!14 07:02 PM DEPUTY Use Bali ���,����'�llllllllllllllllllllli 11 Ill RECORDED -REQUEST OF 114048155 Idaho Transportation Dept ADDENDUM TO AGREEMENT FOR POSSESSION THIS ADDENDUM TO AGREEMENT FOR POSSESSION ("Addendum") is made effective this Aa. of May, 2014 ("Effective Date"), between the STATE OF IDAHO, IDAHO TRANSPORTATION BOARD, by and through the IDAHO TRANSPORTATION DEPARTMENT ("ITD") with an address of 3311 West State St., Boise, Idaho 83707 and MARTOM GROUP, LLC, a California limited liability company ("Owner") with an address of c/o Brighton Corporation, 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713. Owner and ITD may sometimes be referred to herein individually as a "Party" and collectively as the "Parties." WHEREAS, on May 3, 2013, the Parties recorded an Agreement for Possession in the official records of Ada County, identified as Instrument No. 113048654, pertaining to Parcel 34, Parcel ID Number 0044476, within the highway project identified as Project No. 11236, SH -16 CHINDEN BLVD. T01CT. SH -44 ("Agreement"). WHEREAS, the Parties desire to revise and extend certain dates established within the Agreement. NOW, THEREFORE, the Parties hereby agree as follows: 1. Paragraph 8.b.(vi}, Future Loca! R as d revised to extend the date from December 31, 2014 to December 31, 2015 as follows: 8.b.(vi) No later than December 31, 2015, Owner shall provide ITD with evidence that ACRD has approved the alignment of the Future Local Road. RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT- I.C. 67-2301 Page 1 of 3 2. Paragraph 8.b.(vi), Future Local Road, is evised to extend the date from is December 31, 2015, to December 31, 2016 a 8.b.(vii) Owner shal corn tete construction and obtain ACHD acceptance of the constructed. onstructed, Future Local Road later than December 31, 2016, unless otherwise therwise agree een the parties. 3. The Effective Date of this Addendum is the date that the Addendum is fully executed by all Parties to the Addendum, which date shall be entered above as the "Effective Date". WHEREFORE the above Addendum has been executed by the respective Parties, or by their duly authorized officers or agents, as of the Effective Date. MARTOM GROUP, LLC, a California limited liability company By: THOMAS W. TOMLINSON Managing Member Date: —.Uat4 ] IDAHO TRANSPORTATION BOARD by and through the IDAHO TRANSPORTATION DEPARTMENT By: i4l-� AMY SCHROEDER GARVEE Program Manager Date: -- 123 RECOMMENDED BY: Authorized Representative of IDAHO TRANSPORTATION DEPARTMENT By: DAVE SZPLETT Right of Way Manager RECORD ATTHE REQUEST OF THE STATE OF IDAHO FEE EXEMPT— I.C. 67-2301 Page 2 of 3 STATE OFIDAHO \ County of ADA 1 On this before me, the undersigned, a Notary Public in and for said State, personal!� appeared THOMAS W. TOMLINSON, known or identified to me to be the Managing Member of MARTOM GROUP, LLC, and the person who executed the foregoing instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, | have hereunto set my hand and affixed my official sealthe day and year inthis certificate first above written. ;�Cl 6 us Noti;V'Puvblic fo IDAHO AMANDA K. SCHAUS I Residing at NOTARY PUBLIC STATE OF IDAHO State of IDAHO )ss. County of ADA On this clay be ore me, the undersigned, allotary Public in and for said State, personaUya=:"armdAMY 5CHRO6DER,known oridentified tomme tmbethe person whose name issubscribed tmthe foregoing instrument, and acknowledged to me that she executed the same as the GA0VEE Program Manager on behalf ofthe STATE OF IDAHO, IDAHO TRANSPORTATION BOARD, by and through the Idaho Transportation Department. IN WITNESS WHEREOF, | have hereunto set my hand and affixed my official seal the day and year lnthis certificate first above written. AL Notary blic IDAHO Residing at My commission ex ires RECORD ATTHEKEQWESTDFTHESTATE OfIDAHO FEE EXEMPT —|��G7'23U1 Page 3of 3 I'M 0363 (Rev. 5.2013) Right of -Way Contract W Idaho gov Idaho Transportation Department Project No.: A011(236) Project Name: SH -16 Chinden Blvd. to Jct. SH -44 Parcel No.: 34 Parcel Id No.: 0044476 Key No: 11236 County: Ada -17 THIS AGREEMENT,made this—� day of _ 2014, between the STATE OF IDAHO, IDAHO TRANSPORTATION BOARD, by and through the ID O TRANSPORTATION DEPARTMENT, by its Chief Engineer or the authorized representative, herein called "STATt," and the MARTOM GROUP, LLC, a California limited liability company, "GRANTOR". NOW THEREFORE, the parties hereto agree as follows: 1. State shall pay Grantor and the lienholder(s), if any, such sums of monies as are set out below. Grantor agrees to pay all taxes and assessments due and owing, including those for year 2014; and Grantor shall execute and deliver to State a notarized instrument of conveyance corresponding to the interest being acquired. 2. This contract shall not be binding unless and until executed by the Chief Engineer or the authorized representative. 3._ The arties have herein set out the whole of their agreement, a performance of which constitutes the entire const ra ton or gran aT said proPerfy intere II relieve the State of all future claims or obligations on that account or on account of the location, grade and construction of the proposed highway project. 4. Grantor represents that to the best of its knowledge no hazardous materials have been stored or spilled on the subject property during its ownership or during previous ownerships at least insofar as Grantor has observed or has been informed. In the alternative, if the Grantor has knowledge of storage or spill of hazardous materials on the subject property, that information is set out below. This sale is conditional upon full disclosure of any such information. Grantor's representation herein specifically excepts any hazardous materials present on the property because of the State, its contractor or subcontractors. 5. Grantor hereby grants the State and/ or its designated contractor a "Temporary Right -of -Entry" for unexpected and currently unforeseen incidents related to the construction of the Project. For example, the Temporary Right -of -Entry allows the State and/or its designated contractor to enter upon the remainder of the Grantor's property to retrieve materials, equipment, debris, etc. related to the construction of the Project that might encroach upon Grantor's property. The State and/or its designated contractor shall Page 1 of 3 PTD 03153 (Rev. 5.2013) Right -4f -Way Contract Widaho_gov Idaho Transportation Department inform the Grantor of the need to exercise the Temporary Right -of -Entry before entering upon the remainder of Grantor's property. Said Temporary Right -of -Entry shall terminate upon the completion of the Project. State shall be responsible for restoring, at its cost, any property damaged by exercising this Temporary Right of Entry, including, but not limited to, crops. 6. Grantor, for compensation noted below, hereby grants the State and/or its designated contractor a "TEMPORARY EASEMENT" for the purpose of ingress and egress to enable the State and/or its designated contractor access to the portions of the property where construction is to occur, as indicated on the Project plans. Said Temporary Easement shall terminate upon completion of the Project. State shall be responsible for restoring, at its cost, any property damaged by the use of this Temporary Easement by the State or its contractors, including, but not limited to, crops. 7. State is in physical possession of the land and easements as of April 4, 2013 pursuant to the Agreement for Possession, recorded May 3, 2013, as Instrument number 113048654, records of Ada County, Idaho, and the Addendum to Agreement for Possession recorded ZAf- 1 , 2014, as Instrument number i t �# tai , records of Ada County, Idaho, both attached hereto as Exhibit "A", the terms and conditions of which remain in full force and effect. 8. State will pay Grantor for land, permanent and temporary easements, all rights of access between the right-of-way of Chinden Boulevard as shown on the plans of the SH -16, Chinden to JCT SH -44, Project No. A011 (236), known as Parcel 34, and the remaining property of the Grantor that is contiguous with the Chinden Boulevard right-of-way, as follows: • 5.432 acres of land $180,000.00 • 3.399 acres of permanent easement $ 56,254.00 • 0.436 acre of temporary easement 1443.00 JUST COMPENSATION $237,697.00 (pd per Possession Agreement—Exhibit A) • On site irrigation ditch repairs/relocation: $ 23,267.00 (ITD will not be responsible for irrigation construction, maintenance or repairs on owner's property) 3 Phase Power Installation $ 2,000.00 (owner to apply and coordinate the installation and payment with Idaho Power Company directly) • Administrative Settlement $199,835.00 TOTAL CONSIDERATION $462,799.00 9. Affected fences and irrigation systems, if any, will be relocated and/or replaced by the State. State will remove and replace Type 3 B fencing between Highway Survey Station 85+00,134.94 feet Left to 92+00, Page 2 of 3 ,m o353 (Rev. 6.2013) Right -of -Way Contract RdJdeho.pv Idaho Transportation Department 115 feet Left, and Highway Survey Station 92+00,115.0 feet Left to 93+16,115 feet Left, and Highway Survey Station 93+65,9,115 feet Left to Highway Survey Station 96+49.5, 40 feet Left. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. IDAHO TRANSPORTATION DEPARTMENT Recommended for An royal By: Amy Schroeder GARVEE Program Manager MiddeA -, Approved for Chief Engineer On , 2014 By: 'A0CWA'X'U" Dave Szpied Right -of -Way Manager By: v t -t1 Thomas W. Tomlinson, Managing Member Page 3 of 3 C David Dorrough From: Mike Wardle < mward le@ brig htoncorp.com > Sent: Wednesday, June 15, 2016 10:30 AM To: amy.schroeder@itd.idaho.gov Cc: David Turnbull; GInselman@achdidaho.org; Christy Little (Clittle@achdidaho.org); Blake Alder; Jon Wardle; Van Elg; Amanda McCurry; Tim Mokwa (TMokwa@kmengllp.com); Aaron Ballard (ABallard@kmengllp.com); Jim Morrison (Property Manager); David Dorrough Subject: Levi - to - Pollard Connection Attachments: 16-066 DRAFT Preferred new alignment -24361- Cover.pdf, 160609 ROW Dedication 16-066.pdf, 160609 ROW Relinquishment 16-066.pdf, 160609 Easement Relinquishment 16-066.pdf Amy, Although you were copied in Gary Inselman's response, below, I am using his June 81h statement to "officially" forward our request to modify the agreement between ITD and Martom Group, LLC for realignment of the Levi—to—Pollard connection; along with legal descriptions prepared by KM Engineering for the following purposes: ROW Re -Alignment, dated June 9, 2016 - Describes and depicts the realigned E/W segment connecting Levi and Pollard. ROW Relinquishment, dated June 9, 2016 - Describes and depicts that portion of the existing ROW to be relinquished north of the "Re -Alignment" segment. Easement Relinquishment, dated J - Describes and depicts t -"Permanent" ea ements abutting the original ROW. Inasmuch as the roadway will be built by Brighton (acting for Mar n land under its ownership and control, parallel easements for construction, or for any other short- or long-term purpose, are unnecessary. Particularly so, since the new and fes -improved ROW will, in fact, be deeded to the Ada County Highway District. With this information, I trust you will be able to complete the "amendment to the Possession Agreement" noted in your June 7th message. Upon receipt and execution of that amendment, we will proceed to construction design for ACHD review and approval; and to development of a schedule not only for construction of the project improvements, but also removal of the interim "S-curve" access and vacation of existing Pollard ROW between Highway 20/26 and the new roadway's intersection with Pollard. You may have questions or require additional information. If so, please call me so that I can facilitate and expedite the response. Michael Wardle Director of Planning Brighton Corporation 12601 W. Explorer, Suite 200 1 Boise, Idaho 83713 Direct 208.287.0512 1 Cell 208.863.6150 From: Gary Inselman [mailto:ginselman@achdidaho.org] Sent: Wednesday, June 08, 2016 4:29 PM To: Mike Wardle Cc: Christy Little; David Turnbull; Jon Wardle; Van Elg; Amy.Schroeder@itd.idaho.gov Subject: RE: Levi to Pollard Connection Mike, The proposed alignment appears to meet ACHD policy for a local street. Thanks, Gary. Gary Inselman Development Services Manager Ada County Highway District 3775 N. Adams Street Garden City, ID 83714 Office: (208) 387-6170 Fax: (208) 387-6393 ginselman(a)-achdidaho.org ACHD "We drive quality transportation for all Ada County — Anytime, Anywhere!" From: Mike Wardle[mailto:mwardle(a)brightoncorp.com] Sent: Tuesday, June 07, 2016 8:33 AM To: Gary Inselman Cc: amy.schroeder(a)itd.idaho.gov; Christy Little; David Turnbull; Jon Wardle; Van Elg Subject: Levi to Pollard Connection Gary, On May 23rd, I met with Amy Schroeder and Jim Morrison at ITD's District 3 office to review the attached realignment of the Levi Lane -to -Pollard Road connection. Prior to ITD's preparation of the required transactional documents to effect #hat change, Amy asked that we obtain ACHD's concurrence with the concept. .We believe the proposed alignment and improvements comply with ACHD's standards and acknowledge that the project desi n tans wi view by ACHD to assure a comp Lance. Given your April 19th statement, below, this may be redundant, but is, nevertheless, requested. I would be happy to discuss the matter with you if you have questions. Michael Wardle Director of Planning Brighton Corporation 12601 W. Explorer, Suite 200 1 Boise, Idaho 83713 Direct 208.287.0512 1 Cell 208.863.6150 From: Gary Inselman Sent: Tuesday, April 19, 2016 1:10 PM To: Amy Schroeder Cc: Christy Little; Stacey Yarrington; Jaylen Walker; David Dorrough Subject: RE: Pollard Lane Access Amy, ACHD appreciates the coordination on this matter. Ideally the road will be built in an alignment beneficial to all involved. For clarification, in my conversation with Mr. Dorrough and Mr. Walker I commented that ACHD's position has been and continues to be that an local street connection to replace Pollard Lane must meet ACHD standards. Beyond that, since ACHD is not a party to the ITD/Martam Group agreement, AC cannot specify an alignment. If the alignment meets ACHD standards and the road is constructed to ACHD standards, then ACHD -wB-accept-t4ee-reed-ata#-ata-R--dateJnlLowi� 'ng the standard process of transferring ownership of the road. If there is anything else you need from ACHD, please let me know. Thanks, Gary. Gary Inselman Development Services Manager Ada County Highway District 3775 N. Adams Street Garden City, ID 83714 Office: (208) 387-6170 Fax: (208) 387-6393 ginselman@achdidaho.org zprn ZW 0 ZOo Q N O Ej a I a rc ow � ain �3zo J I I s — i I I z <`®g 3 N a x ,00'9L ,00 09c I --- --.3nd LU IA3� .N------------------ __ z -- — - - - J --- - - -- - -- I I I I p I I Q LLJ J U Oz a- O it O U gl j i— z z ,I a II_ �oug4 �o N � <u N �L N "' ° > cQc z y G v Jzo,0 II N O�" Z U z aw i LI zo mza I I. zprn ZW 0 ZOo Q N O Ej a I a rc ow � ain �3zo J I I s — 6" 9233 WEST STATE STREET I BOISE, ID 83714 1 208.639.6939 j FAX 208.639.6930 June 9, 2016 W. Agnew Drive/ N. Levi Ave. Easement Relinquishment Project No. 16-066 Legal Description Brighton Corporation A parcel of land situated in a portion of the SE 1/4 of the SW 1/4 of Section 21, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the South 1/4 corner of said Section 21, thence along the easterly line of the SW 1/4 of said Section 21, N00°31'57"E a distance of 115.00 feet to a point on the northerly right-of- way line of Chinden Blvd. (US 20/26); Thence leaving said easterly line and following said northerly right-of-way line, N89°27'17"W a distance of 10.39 feet to the westerly right-of-way line of N. Levi Ave. as shown on Record of Survey No. 10034 and described in Instrument No. 114048157 of Ada County records and being POINT OF BEGINNING 1. Thence leaving said westerly right-of-way line and following said northerly right-of-way line, N89'27'17"W a distance of 25.00 feet to a point; Thence leaving said northerly right-of-way line, N00*34'29"E a distance of 535.23 feet to a point; Thence N89'25'31"W a distance of 1,269.18 feet to a point on the westerly line of said SE 1/4 of the SW 1/4 of Section 21; Thence following said westerly line N00°34'56"E a distance of 25.00 feet to a point on the southerly right-of-way line of W. Agnew Dr. as shown on Record of Survey No. 10034 and described in Instrument No. 114048157 of Ada County records and hereinafter referred to as POINT "A",- Thence A";Thence leaving said westerly line and following said southerly right-of-way line, S89'25'31"E a distance of 1,269.17 feet to a point on the said westerly right-of-way line of N. Levi Ave.; Thence leaving said southerly right-of-way line and following said westerly right-of-way line, S44°25'31"E a distance of 35.36 feet to a point; Thence following said westerly right-of-way line, S00°34`29"W a distance of 535.21 feet to POINT OF BEGINNING 1. Said easement vacation description contains 45,420 square feet (1.043 Acres), more or less. TOGETHER WITH; A parcel of land situated in a portion of the SE 1/4 of the SW 1/4 and the SW 1/4 of the SE 1/4 of Section 21, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: ENGINEERS I SURVEYORS ( PLANNERS Commencing at a point previously referred to as POINT "A", thence following the westerly line of said SE 1/4 of the SW 1/4 of Section 21, N00°34'56"E a distance of 50.00 feet to POINT OF BEGINNING 2. Thence following said westerly line, N00°34'56"E a distance of 25.00 feet to a point; Thence leaving said westerly line, S89°25'31"E a distance of 1,369.16 feet to a point; Thence S00°34'29"W a distance of 635.21 feet to a point on the northerly right-of-way line of said Chinden Blvd. (US 20/26); Thence following said northerly right-of-way line, N89'25'31"W a distance of 25.00 feet to a point on the easterly right-of-way line of said N. Levi Ave.; Thence following said easterly right-of-way line, N00*34'29"E a distance of 610.21 feet to a point on the northerly right-of-way line of said W. Agnew Dr.; Thence leaving said easterly right-of-way line and following said northerly right-of-way line, N89'25'31"W a distance of 1,344.17 feet to POINT OF BEGINNING 2. Said easement description contains 49,484 square feet (1.136 Acres), more or less. Said easement description contains a total of 94,904 square feet (2.179 Acres), more or less, and is subject to all record documents. oOvLAAr ,12459 d OF �, •'ZO ( 40 PAGE 12 Title: Easement Relinquishment 1 Date: 06-08-2016 Scale: 1 inch = 200 feet File: Tract 1: 1.043 Acres: 45420 Sq Feet: Closure = s41.0346e 0.01 Feet: Precision =1/715912: Perimeter = 3694 Feet 00 1 =n89.2717w 25.00 004=n00.3456e 25.00 007=s00.3429w 535.21 002=n00.3429e 535.23 005=s89.2531e 1269.17 003=n89.2531w 1269.18 006=s44.2531e 35.36 12(.n 1f Title: Easement Relinquishment 2 Scale: 1 inch = 200 feet I File: N N M Date: 06-08-2016 Tract 1: 1.136 Acres: 49484 Sq Feet: Closure = s89.2538e 0.01 Feet: Precision =1/595874: Perimeter = 4009 Feet 001=n00.3456e 25.00 004=n89.253 I w 25.00 002=s89.253 I e 1369.16 005=n00.3429e 610.21 003=s00.3429w 635.21 006=n89.253 I w 1344.17 km wl' 9233 WEST STATE STREET E BOISE, ID 83714 1 208.639.6939 1 FAX 208.639.6930 June 9, 2016 W. Agnew Drive/ N. Levi Ave. ROW Relinquishment Project No. 16-066 Legal Description Brighton Corporation [AX0 3m, A parcel of land situated in a portion of the SE 1/4 of the SW 1/4 and the SW 1/4 of the SE 1/4 of Section 21, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the South 1/4 corner of said Section 21, thence along the easterly line of the SW 1/4 of said Section 21, N00°31'57"E a distance of 115.00 feet to a point on the northerly right-of- way line of Chinden Blvd. (US 20/26); Thence leaving said easterly line and following said northerly right-of-way line, N89°27'17"W a distance of 10.39 feet to the westerly right-of-way line of N. Levi Ave. as shown on Record of Survey No. 10034 and described in Instrument No. 114048157 of Ada County records; Thence leaving said northerly right-of-way line and following said westerly right-of-way line, N00'34'29"E a distance of 405.00 feet to the POINT OF BEGINNING. Thence following said westerly right-of-way line, N00°34'29"E a distance of 130.21 feet to a point; Thence following said westerly right-of-way line, N44°25'31"W a distance of 35.36 feet to a point on the southerly right-of-way line of W. Agnew Dr. as shown on Record of Survey No. 10034 and described in Instrument No. 114048157 of Ada County records, Thence leaving said westerly right-of-way line and following said southerly right-of-way line, N89'25'31"W a distance of 1,269.17 feet to a point on the westerly line of said SE 1/4 of the SW 1/4 of Section 21; Thence leaving said southerly right-of-way line and following said westerly line, N00°3456"E a distance of 50.00 feet to a point on the northerly right-of-way line of S W. Agnew Dr.; Thence leaving said westerly line and following said northerly right-of-way line, S89°25'31"E a distance of 1,344.17 feet to a point on the easterly right-of-way line of said N. Levi Ave.; Thence leaving said northerly right-of-way line and following said easterly right-of-way line, S00°34'29"W a distance of 205.19 feet to a point; Thence leaving said easterly right-of-way line, N89°27'17"W a distance of 50.00 feet to the POINT OF BEGINNING. Said parcel contains 75,283 square feet (1.728 acres), more or less, and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. r, 'a 12459 o ENGINEERS I SURVEYORS I PLANNERS \14;Z0 �Fw4'�4- , P:\16-066\CAD\SURVEY\16-066 REV ROW RELINQUISHMENT.DWG , AARON BALLARD, 6/8/2016, KYOCERATASKALFA4550CI KX.PC3, --- 0 I o M -UO IO o zrn N — _ roO O ` U) 4c z O rN� I 1 io O N O �Z C) O Om z z� MO I �z i co M z m J N � �v N L_ N N O' Z (n O O -W+ vi j V I m I N. Pollard Lane D z .4A N N W y O r-. M ;0 X M r (nz D I �+ �v z m 2m�C. o- Nm Wpmm u+ > - A O E5 fD o m 1 m m w,=n < r m O N o I O O iWJt m N o Section 21, T.4N., R.1W., B.M., Ada County, ID o O = MI Q zz z O 41 r �y p 41 M m O7 J A (NJI Q 0 j z O � I N O1 I I N O �Z C) O Om z z� MO I �z i co M z m J N � �v N L_ N N O' Z (n O O -W+ vi j V I m I N. Pollard Lane D z .4A N N W y O r-. M ;0 X M I En O I (nz D C: Uj O z z EW - z N 2m�C. o- Nm Wpmm u+ > - A O E5 fD o m L2 r _ rn En I I o IZ- -0 I z li I m I I�I X I 1 I I � I 1 I m'cn ► � I' I Ay I c� _M M i En M O CO a7 W CNA M A;0 d M V). z> L4 O o J � [D I� s v c i'rn Wo lil I iNLn M l I m rn Co zz of ( I \ I m 0 a, z o�' eNn� I I 20 00 J�' m, I zA v� v N !�A _ I z _ J � � A N A Oo Ln Ph COJI O O N IO m Z ;0 X M I En O I z D C O c N Z -4 W. Agnew Drive/N. Levi Avenue Relinquishment L2 r _ rn En I I o IZ- -0 I z li I m I I�I X I 1 I I � I 1 I m'cn ► � I' I Ay I c� _M M i En M O CO a7 W CNA M A;0 d M V). z> L4 O o J � [D I� s v c i'rn Wo lil I iNLn M l I m rn Co zz of ( I \ I m 0 a, z o�' eNn� I I 20 00 J�' m, I zA v� v N !�A _ I z _ J � � A N A Oo Ln Ph COJI O O N IO m Z A ° D Exhibit B aoow z x� M m W. Agnew Drive/N. Levi Avenue Relinquishment Nm Wpmm u+ > - A O m m w,=n < TI m O N o Portion of SE 1/4 SW 1/4 and SW 1/4 SE 1/4 of G W p m z m N o Section 21, T.4N., R.1W., B.M., Ada County, ID 1344.17 s89°25'31"e n89°25'31 "w 1269.17 Jr, <Y vj � � N Title: ROW Relinquishment Date: 06-09-2016 Scale: 1 inch= 200 feet File: Tract 1: 1.728 Acres: 75283 Sq Feet: Closure = n53.0156w 0.00 Feet: Precision =1/762515: Perimeter = 3084 Feet 001=n00.3429e 130.21 004=n00.3456e 50.00 007=n89.2717w 50.00 002=n44.2531w 35.36 005=s89.2531e 1344.17 003=n89.2531w 1269.17 006=s00.3429w 205,19 km 9233 WEST STATE STREET C BOISE, ID 83714 June 9, 2016 W. Agnew Drive/ N. Levi Ave. ROW Re -Alignment Project No. 16-066 Legal Description Brighton Corporation EXHIBIT A 208.639.6939 I FAX 208.639.6930 A parcel of land situated in a portion of the SE 1/4 of the SW 1/4 of Section 21, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the South 1/4 corner of said Section 21, thence along the easterly line of the SW 1/4 of said Section 21, N00°31'57"E a distance of 115.00 feet to a point on the northerly right-of- way line of Chinden Blvd. (US 20/26); Thence leaving said easterly line and following said northerly right-of-way line, N89°27'17"W a distance of 10.39 feet to the westerly right-of-way line of N. Levi Ave. as shown on Record of Survey No. 10034 and described in Instrument No. 114048157 of Ada County records; Thence leaving said northerly right-of-way line and following said westerly right-of-way line, N00*34'29"E a distance of 330.00 feet to the POINT OF BEGINNING. Thence leaving said westerly right-of-way line, N44*26'24"W a distance of 35.35 feet to a point; Thence N89'27'17"W a distance of 230.77 feet to a point; Thence 78.72 feet along the arc of a circular curve to the right, said curve having a radius of 2,025.00 feet, a delta angle of 02013'38", a chord bearing of N88°20'28"W and a distance of 78.71 feet to a point; Thence N87'13'39"W a distance of 822.93 feet to a point; Thence 76.77 feet along the arc of a circular curve to the left, said curve having a radius of 1,975.00 feet, a delta angle of 0213'38", a chord bearing of N88°20'28"W and a chord distance of 76.77 feet to a point; Thence N89°27'17"W a distance of 60.66 feet to a point on the westerly line of said SE 1/4 of the SW 1/4 of Section 21; Thence following said westerly line, N00°34'56"E a distance of 75.00 feet to a point; Thence leaving said westerly line, 544`26'10"E a distance of 35.34 feet to a point; Thence S89°27'17"E a distance of 35.62 feet to a point; Thence 78.72 feet along the arc of a circular curve to the right, said curve having a radius of 2,025.00 feet, a delta angle of 0213'38", a chord bearing of S88°20'28"E and a chord distance of 78.71 feet to a point; Thence 587'13'39"E a distance of 822.93 feet to a point; Thence 76.77 feet along the arc of a circular curve to the left, said curve having a radius of 1,975.00 feet, a delta angle of 02'13'38", a chord bearing of 58820'28"E and a chord distance of 76.77 feet to a point; ENGINEERS ( SURVEYORS I PLANNERS Thence S89°27'17"E a distance of 255.79 feet to a point on said westerly right-of-way line of N. Levi Ave.; Thence following said westerly right-of-way line, SOOa34'29"W a distance of 75.00 feet to the POINT OF BEGINNING. Said parcel contains 65,367 square feet (1.501 acres), more or less, and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. Ci j ,12459 OF %yS BA�'� (0-+ (G PAGE 12 P:\16-066\CAD\SURVEY\16-066 REV ROW DEDICATION.DWG , AARON BALLARD, 6/9/2016, KYOCERA TASKALFA 4550CI KX.PC3, ---- crn © � r z M 1 I r W Cyfl CWn fyTt CWJ� Z r N. Pollard Lane c� p��--- -WP d CW7'i = m ---�7 i--- rn. O D Or � C9� Z � fn O N Z O Z. 0 awn CA Pa N zw O O .gyp Z "O m N N N C? 0 'A dNi �m D (D NA W j y y z rn ;D j m v � j - � C? O Z I M O00 Z I 1:.'� -0P W N 0 Cl C y W W m 0 G M ! N � N � D Ln Rj !N Z -cn cNn -cyn o Q W N cA m O O lD O O O O O C N v N N = G m W n W Cl! n 0 O rn Joa rn o~a r z G FL Ln 25' 0 aha N O N, !.; N, m N o W W N W W � r 125' f 0 m W W W Csl D r O CD Do Do w Y m N = M O 0��, Dia, Orb, Oho 0 ,-. v cx 0 0 0 0 � D 0o o >0 � DNo � � � � v O z 'fl co z c O 0 Ri R7 GT .{� �Zrnl n 0 g I p .-. C) J N rn W E 6y7 PD Z0 (nz .� M rn 0 O f N O ro O I J Z Z In rnm I z<_ W my �n Orn m N D w-? 2 m o o z L4 N vs \ SO m� Z r rn -+ J .p CD O� r- N v -00-10 -Z-I _ •LQjOA v O m Z O -. Z l I O a �� — — L5 — N 00 U1 0 �p 00 rn X AO cn 0— 1 O. O I O r I 1 I - z Vf Exhibit B Sww X z o� r aV M �' .. m W. Agnew Drive/N. Levi Avenue Re -alignment. Nm2N cop01 A w�=D 0 O < V Tl v p 1 A Portion of the SE 1/4 of the SW 1/4 of j 0 0 Section 21, T.4N., R.1W., B.M., Ada County, ID crn ��+ � r z M r Cyfl CWn fyTt CWJ� Z r c� o -WP d CW7'i = m D Or � Z � fn O � Z O � m .gyp M 'A dNi J j m v � j - � C? O crn ��+ � r z M r Cyfl CWn fyTt CWJ� Z r c� o -WP d CW7'i = m D Or � Z � fn O � Z O � m .gyp M 'A dNi O m rn Z David Dorrough From: Mike Wardle <mwardle@brightoncorp.com> Sent: Wednesday, November 16, 2016 11:11 AM To: michelle@f ran klinsensors.com Cc: David Dorrough; Blake Alder; Christy Little (Clittle@achdidaho.org) Subject: Levi -to -Pollard Connection Attachments: Pollard Ln Revised Intersection.pdf Michelle, Thanks for taking the time to chat with me about the Pollard Road connection. When we graded the approved alignment for paving, we encountered a conflict with a power pole. So, to avoid relocation of that pole, we have tightened the design curve of the corner as attached, and depicted below. That change will occur this week, and should work well with the proposed business park entrance. Please call if you have questions, Mike Wardle Direct 208.287.0512 Cell 208.863.6150 1 After recording return to: Right of Way Idaho Transportation Department P.O. Box 7129 Boise, Idaho 83707-1129 Project No. A011(236) Key No.11236 Parcel No. 34 Parcel ID No. 0044476 101ITS ADA OOIAUY RMDM Chdd*hi r D. Rich mow A a 101 IDAHO 061M3 f1:10 DEPUTY Ilia god i uu REWIM-REOUBIT OF Who ThRIPWINII a Opt 113848654 AGREEMENT FOR POSSESSION THIS AGREEMENT FOR POSSESSION ("Agreement") is made effective this day of 2013 ("Effective Date"), between the STATE OF IDAHO, IDAHO TRAASPORTATION BOARD, by and through the IDAHO TRANSPORTATION DEPARTMENT ("ITD") with an address of 3311 West State St., Boise, Idaho 83707 and MARTOM GROUP, LLC, a California limited liability company ("Owner") with an address of C/o Brighton Corporation, 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713. Owner and ITD may sometimes be referred to herein individually as a "Party" and collectively as the "Parties." WHEREAS, ITD Is engaged in the development of a highway project designated as SH -16 CHINDEN BLVD. TO JCT. SH -44, Project Number 11236 ("Project"), with a portion required by ITD as part of the Project to be identified as Parcel 34, legally described on attached Exhibit A. and depicted on attached Exhibit B and Exhibit C ("Property"); and WHEREAS, Owner Is willing under the conditions and provisions set forth in this Agreement to allow ITD to take possession of the Property required for the Project, prior to the actual determination of its value, either by negotiations or in a condemnation action in the Idaho State Courts; NOW, THEREFORE, the Parties hereby agree as follows: 1. Prope . Subject to any Future local Road realignment described in Paragraph No. 10, the Property required by the Project and covered by this Agreement is described as RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT— I.C. 67-2301 Page Iof15 P. Project No. A011(236) Key No. 11236 Parcel No. 34 Parcel ID No. 0044476 follows and is further delineated In the plans of the Project and on Exhibit A, Exhibit B and Exhibit C attached hereto and by this reference made a part hereof: Possession of Parcel 34, including access rights, and excluding any crops as provided In the Farm Lease described herein, as follows: Fee containing approximately 5.432 acres; Permanent easement containing approximately 3.399 acres; Temporary easement containing approximately 0.436 acres. The acquisition of Parcel 34 shall Include all access rights from Owner's remaining property directly to and from Chinden Boulevard, except for that approach specifically designated in the plans of the Project identified at the intersection of Levi Lane and Chinden Boulevard, as shown on EXHIBITS. The Property described in Exhibit A contains six separate legal descriptions, Identified as follows: The Future Local Road, hereafter defined, is legally described in Fee Parcel 2, Permanent Easement 2 and Permanent Easement 3. The remaining legal descriptions, Fee Parcel 1, Permanent Easement 1 and Permanent Easement 4, are for the right of way along Chinden Boulevard depicted in Exhibit B and Exhibit C. Owner's water rights with respect to the Property are not Included in this Agreement. 2. Possession. ITD shall be entitled to take possession of the Property and construct the Project as provided in Paragraph No. 3 upon full execution of this Agreement and payment of the sum set forth in Paragraph No. 4, below, and prior to determination of compensation due Owner by reason of the acquisition by ITD of the Property. ITD's possession shall be subject to the existing Farm Lease dated January 1, 2013 with Blue Diamond Turf LLC, attached hereto as EXHIBIT D and by this reference made a part hereof ("Farm Lease"), and ITD shall not be entitled to any rent or proceeds from such Farm Lease. ITD agrees to protect, RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT — I.C. 67-2301 Page 2 of 1S Page 2 of 40 04/2412019 4:40 AM Project No. A011(236) Key No. 11236 Parcel No. 34 Parcel ID No. 0044476 defend, Indemnify and hold harmless Owner, and its principals, employees, and/or agents from any and all allegations, liabilitles, costs, demands, claims, and/or causes of action arising out of the negligence of rrD, or the negligence of any of its agents and/or contractor's construction activities on the Property, and intentional acts except to the extent they are excluded from such indemnity by the Idaho Tort Claims Act. Owner understands and agrees that ITD is Insured through the State of Idaho Risk Management Program, and is subject to the limitation of the Idaho Tort Claims Act. ITD shall cause all entities and persons entering the Property for purposes related to the Project to have liability insurance in commercially reasonable amounts appropriate for the Project. ITD shall not cause any liens to be placed on the Property or any adjacent real property owned by Owner. Owner may continue to use the Property for any uses not inconsistent with this Agreement. ITD will coordinate with utility company to ensure that the power poles that will be relocated within ITD's right of way will be placed in locations that will not interfere with the new Levi Lane intersection. 3. Public Puroase. The Parties agree that the Property will be put to use solely for the construction of the Project, and ITD has determined that the Project has a public purpose that is authorized by law and that the Property is necessary for the public purpose. The Parties agree that the date of filing of a condemnation proceeding by ITD shall be the valuation date of the Property should condemnation proceedings be instituted. 4. Payment for Possession. ITD agrees to pay to Alliance Title & Escrow Corp. ("Title Company") on behalf of Owner, any lienholders and creditors of record, if required, the sum of $237,697.00 in cash or cash equivalent funds, and direct the Title Company to disburse such funds to Owner, any lienholders and creditors of record, within a reasonable period of time following the Effective Date, subject to lender requirements. Such sum shall be in payment for the Property as follows: RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT- I.C. 67-2301 Page 3 of 15 Page 3 of 40 04r24M070 4:40 AM Project No. A011(236) Key No. 11236 Parcel No. 34 Parcel ID No. 0044476 5.432 acres real property $ 1W1000•00 3.399 acres permanent easement 56,254.00 0.436 acres temporary easement.1443.00 TOTAL COMPENSATION $ 237,967.00 The amount of $237,697.00 shall be applied to the amount of just compensation due to Owner for the Property described In Paragraph Nos.1 and 4, as ultimately determined by negotiations or in a condemnation action, if necessary. The Parties further agree that no interest will be claimed by Owner nor paid by f l) on the sum of $237,697.00. The Parties acknowledge that the Property may be encumbered by certain financial obligations outlined in the title commitments of the Property issued by Title Company. Any payment made to Owner under this Agreement shall be subject to the satisfaction of such financial obligations, if any, as to the Property. Therefore, payment to Owner pursuant to this Agreement, and possession by ITD, is contingent upon Owner demonstrating dear title to the Property through use of documents acceptable to RD, Owner and Title Company; provided that the unrecorded Farm Lease shall be Included as a permitted exception. 6. Future Nxaotiations and Condemnation Proceedingx. The Parties agree that acceptance of the amount specified in this Agreement by Owner in no way constitutes an agreement or waiver by Owner regarding the Project, except as otherwise agreed to herein, or the actual value of the Property, or the value of Owner's remaining property, or the method of calculation of such values in future negotiations and/or condemnation proceedings. it is understood and agreed by the Parties that the right of each to have a court of competent jurisdiction determine the value of the Property taken and severance damages or other damages available under applicable law, if any, shall in no manner be affected by this Agreement, but that it is the intention of the Parties to facilitate the construction of the Project RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT - I.C. 67-2301 Page 4 of 15 Page 4 of 40 0412412079 4:40 AM Project No. A011(236) Key No. 11236 Parcel No. 34 Parcel ID No. 0044476 by ITD through Owner consenting to the possession by ITD of the Property prior to the determination of the just compensation to be awarded to Owner under such an action. 7. Pollard lane. As part of the Project, at its cost, ITD shall eliminate the existing Pollard Lane approach to Chinden Boulevard shown on Exhibit C and construct a temporary connection to Pollard Lane in the area shown and labeled on Exhibit C as the "Interim Pollard Lane Connection." Owner shall obliterate the Interim Pollard Lane Connection within thirty, (30) days after completion of the Future Local Road Requirements defined and described in Paragraph No. 8. After obliteration of the Interim Pollard Lane Connection, ITD agrees to release and quitclaim to Owner any portions of ITD-awned or encumbered property which are no longer utilized for the final constructed Future Local Road. 8. Future vocal Road. a. ITD's possession and subsequent acquisition of the Property also provides for the right-of-way for a "Future local Road" as labeled and depicted on Exhibit C along an extension of North Levi Avenue, or as the same may be relocated as provided herein. b. Owner shall construct the Future Local Road on its property pursuant to the following requirements ("Future Local Road Requirements"): (1) The Future Local Road approach onto SH 20/26 (at Levi Lane and Chinden Boulevard) shall be where Indicated on Exhibit C ("Access Intersection"); (11) The Future Local Road shall provide ingress and egress for (a) those properties adjacent to Old School Lane, and (b) those properties utilizing Pollard Lane which are identified on Exhibit C as Parcel 28 (current ownership by Matthew Restucci), Parcel 33 (current ownership by Don Brandt), and Parcel 114 (current ownership by David Wells).; RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT — I.G. 67-2301 Page 5 of 15 Page 5 of 40 0412412019 4:40 AM Project No. A011(236) Key No. 11236 Parcel No. 34 Parcel ID No. 0044476 (iii) The Future Local Road shall meet or exceed Ada County Highway District ("ACHD") rural standards, specifications, and/or specific design criteria, and Owner shall obtain all required and necessary ACHD approvals; (iv) Owner will dedicate and convey, or provide easements for, as required by ACHD, any real property needed for the Future Local Road to ACHD and any legal descriptions necessary to effectuate the conveyance and/or easements to ACHD for future road purposes, (v) Owner shall sufficiently maintain the Future Local Road until ACHD acceptance; (vi) No later than December 31, 2014, Owner shall provide ITD with evidence that ACHD has approved the alignment of the Future Local Road; (vii) Owner shall complete construction and obtain ACHD acceptance of the constructed Future Local Road no later than December 31, 2015, unless otherwise agreed to in writing between the parties. 9. Reimbursement for Constructlon. Upon construction of the Future Local Road and acceptance by ACHD, ITD agrees to pay Owner the sum of $355,822.00 in cash or cash equivalent funds ("Road Construction Funds") toward the cost of construction of the Future Local Road within thirty (30) days after Owner's request. The document itemizing the Road Construction Funds is attached hereto as EXHIBIT E, and entitled, "Parcel 34 Levi/Agnew `Blue' Alignment w/Pollard Cul -de -Sac," dated 3/12/2013. The Parties agree that $355,822.00 is full and final payment of the construction of the Future Local Road and, provided such amount is promptly paid by ITD, no interest will be claimed by Owner nor paid by ITD on the sum of $355,822.00. RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT — I.C. 67-2301 Page 6 of 15 Page 6 of 40 0412412019 4:40 AM Project No. A011(236) Key No. 11236 Parcel No. 34 Parcel ID No. 0044476 10. Reallanment of Future Access Road. If Owner determines that the alignment of the Future Local Road needs to be altered to conform to Owner's future development of the area, such realignment shall be approved by RD so long as it meets the Future Local Road Requirements. If Owner realigns the Future local Road as provided herein, Owner will provide to RD revised legal descriptions for any portions of the Future Local Road that differ from the initial alignment of the Future Local Road described in Exh bit A and depicted on Exhibit C that will be dedicated to ACRD. Upon such realignment, RD agrees to release and quitclaim to Owner any portions of RD -owned or encumbered property which are no longer utilized for the final constructed Future Local Road. 11. Reare$entadons and Warranties. IM represents and warrants to Owner the following, as of the Effective Date: a. RD has thoroughly studied the Influence of both the interim at -grade intersection of US -20/26 and SH -16 and the future interchange ramp intersections at US -20/26 and SH -16; b. ITD considers the intersection of US -20/26 and Levi Lane to function as a permanent, full movement intersection under current project conditions; and C. RD considers Levi Lane to provide permanent, full movement access to Owner's property in the future; and d. RD will consider signalization of the intersection of US -20/26 and Levi Lane when conditions warrant the same under the policies and procedures that exist at the time a request for such signalization is made. 12. Deftuft. In the event of a breach hereunder, the non -breaching Party shall provide written notice to the other at the address above and the breaching Party shall have thirty (30) days to cure such breach, or such Party shall be In default. Upon a default, the RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT- I.C. 67-2301 Page 7 of 15 Page 7 of 40 04124/2079 4:40 ane Project No. A011(236) Key No. 11236 Parcel No. 34 Parcel ID No. 0044476 Parties shall have all available remedies in law and equity and as specifically provided in this Agreement. If Owner fails to construct the Future local Road as provided herein, ITD will have full authority to complete construction of the initial Future local Road alignment as shown on Exhibit C, or at any previously agreed realigned location meeting the terms of this Agreement. 13. Counterparts. The Parties agree and acknowledge that this document may be executed in one or more counterparts, each of which is deemed to be an original hereof and all of which shall together constitute one and the same instrument. 14. Effective Date. The Effective Date of this Agreement is the date that the Agreement is fully executed by all Parties to the Agreement and is the day and year first above written. 15. Runs with the land. This Agreement is a covenant running with the Property and shall be binding upon the successors, assigns and heirs of each Party. 16. No Third Party Beneficiaries: No Public Dedication. This Agreement is solely to facilitate construction of the Project and does not constitute a full and complete agreement with respect to the complete Project and the Property, accordingly, the Parties do not intend any third party beneficiaries and/or dedication to the public by entering into this Agreement, except as provided herein. WHEREFORE the above Agreement has been executed by the respective Parties, or by their duly authorized officers or agents, as of the Effective Date. (The remalnder of this pope left Intentionally blank; signatures on following page.) RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT— I.C. 67-2301 Page 8 of 15 Page 8 of 40 04!2412018 4:40 AM Project No. A011(236) Key No. 11236 Parcel No. 34 Parcel ID No. 0044476 OWNER: MARTOM GROUP, LLC, a California limited liability company .y:� Title: I"A VA 6 Printed Name: MP1.6m RS w• F61N11nr5aar Aki IDAHO TRANSPORTAYM BOARD by and thro e I aho Transportation Department By: AMY SCHROEDER, GARVEE Program Manager RECOMMENDED BY: Authorized Representative of IDAHO TRANSPORTATION DEPARTMENT Br. 04 [a,( , dleh, 4-t KARMMUsS, of Way Manager APPROVED AS TO FORM: t RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT; I.C. 67 2301 pap 9ofu Page 9 of 40 04124/2019 4:40 AM Project No. A011(236) Key No. 11236 Parcel No. 34 Parcel ID No. 0044476 STATE OF ) ss. County of ) On this /M day oflA"k-7 . 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared THOMAS W. TOMLlNSON, known or identified to me to be the Managing Member of MARTOM GROUP, LLC, and the person who executed the foregoing 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. AMANDA K, SCHALIS NOTARY PUBLIC STATE OF IDAHO State of IDAHO ) ) ss - County of ADA ) 4 P 0�� Notary Public for tdaho. Residing at MJV f0 My commission expires WKI-1 On this day of A2341 2013, before me, the undersigned, a Notary Public in and for said State, perso Ily appeared /71 t/ —5:h r0edP-1" , known or Identified to me to be the person whose name Is sub ed to the foregoing instrument, and acknowledged to me that he executed the same on behalf of the STATE OF IDAHO, IDAHO TRANSPORTATION BOARD, by and through the Idaho Transportation Department. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. _ %% _ „ 00091 Notary PublWr idi*. PA i Residi at _ _,A?1 �T/►RY My commission expires 11 RECORD AT THE REQUEST OF THE STATE OF IDAHO PU81.o FEE EXEMPT- I.C. 67-2301 §k� - - page 10 of 15 Page 10 of 40 04124/2919 4:40 AM EKHlW A RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEM PT — I.C. 67-2301 Pep 11 of 15 Page 11 of 401 04!24/2919 4:40 A� GoT -O ENGINEERS CONSULTING ENGINEERS. SURVEYORS AND PLANNERS 9777 CHINDEN BOULEVARD BOISE, IDAHO 837142008 208,323 2288 • FAX 209323.2399 Idaho Transportation Deparhnnent February 21, 2012 IDAHO 16, US 20126 TO IDAHO -44 Assessor's Parcel No. SO421346600 Project No. A011(236) Parcel ID No. 0044476 Key No. 11236 236,606 Sq. Ft. (5AMcres) Total Page 1 of 2 PARCEL NO. 34 FEE ACQUISITION Fee Parcel I (Chinden Blvd.) A portion of the Soudma quarter of the Southwest quarter and the Southwest quarter of the Southeast quarter of Section 21, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being a portion of that certain parcel of land described in Deed Instument No. 106067293, which is shown on Record of Survey No. 8502, filed as Instrument No. 109003849, Records of Ada County, Idaho, being more particularly described as follows: COIVII MCING at the South one-quarter corner of said Section 21, (Corner Perpetuation and Filing Record No. 8316469); thence, along the north/South mid-section line of said Section 21, A) N.0'3 1'57"E., 40.00 feet to a found 5/8 -inch iron pin on the northerly right-of-way line of Chinden Boulevard (US 20/26), masking the southwesterly corner of said parcel, and the POINT OF BEGINNING, located 40.00 feet Left of Chinden Boulevard (US 20/26) Centartine Station 93+26.36; thence, along said northerly right-of-way line, 1) N.89 -27-17-W, 1304.70 feet; thence, along the westerly line of the said Southeast quarter of the Southwest quarter, 2) N.0034'56"E., 110.00 feet; thence, 3) S.99027'1 rE., 92.3 7 feet; thence, 4) S.87°13'39"E., 900.68 feet; thence, 5) S.89°27' 17"E., 312.24 feet; thence, 6) S.89025'3I"E., 323.25 fact; thence, 7) S.0034'29"W., 75.00 feet to the northerly right-of-way line of said highway; thence, along said right-of-way line, 8) N.89°25'31"W., 323.19 feet to the POINT OF BEGINNING. The above-described parcel CONTAINS 141,075 square feet (3.239 Acres), more or less. Parcel limits extending from Chinden Boulevard Centerline Station 80+21.66 to 96+49.53. SUBJECT TO: Record Documents. BOISE • COEUR d'ALENE Page 12 of 40 04/24/2019 4:40 AM Idaho Transpm fhon Deltment IDAHO 16, US 20/26 TO IDAHO -44 Project No. A011(236) Key No. 11236 Pop 2 of 2 Fee Parcel R (N. Levi Avenue) February 21, 2012 Assessor's Parcel No. SM21346600 Parcel ID No. 0044476 236,606 Sq. FL (5.432AcrGa) Total A portion of the Southeast quartan of the Southwest quarter and the Southwest quarter of the Southeast quarter of Section 21, Township 4 North, Range 1 Want, Boise Meridian, Ada County, Idaho, being a portion of that cerin parcel of land descn'bW in Dead kwbument No. 106067293, which is shown on Record of Survey No. 8502, filed as Instrument No.109003849, Records of Ada County, Idaho, being more particularly described as follows: COM 9EKCING at the South one-quarter comer of said Section 21, (Comer Perpetuation and Filing Record No. 8316469); thence, along fire north/south mid-section line of said Section 21, B) N.00031'S7"E.,115.00 feat to the POIINT OF BEGINNING, located 115.00 tied Left of Chinden Boulevard (US 20J'26) CenterNm Station 93+26.34; thence, leaving acid mid- section lire, 9) N.89°27'1T'W.,1039 fief thence, 10) N.003429"L, 535.21 few thence, 11) N.44025-3 1-W., 35.36 Error; thence, 12) N.89025'3l"W.,1269.17 feet to the westerly line of the Southeast quarter of the Southwest quarter of said Section 21; thtmree, along said westerly tine, 13) N.0034'56"E., 50.00 feet; thence, 14) S.89°25'31"E,13".16 feet; thence, 15) S.003429"W., 610.20 feet; thence, 16) N.89025'31 "W., 39.61 fed to the POINT OF BEGINNING. The above-described parcel CONTAINS 95,531 square fat (2.193 Acres), more or less. Parcel limits vaending from Chmdei Boulevard Ce:uwhne Station 80+22+07 to 93+65.89. SUBJECT TO: Record Documents. H. 14 MWPMeM - Rif .*&Wh *W - $MIS tqo DwmiptioaMMAL PARCEL LEOALWARCEL 341FEP.IPATAM 34 -PB& FOLMAM DOME . COEM d'ALENE Iof40 04/24/2019 4:40 AM 10 T -O ENGINEERS CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 8777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008 208,23--2288 w FAX 2019-323-2389 Idaho Transportation Department IDAHO 16, US 2026 TO IDAHO -44 Project No. A011(236) Key No. 11236 Page 1 of 4 February 21, 2012 Assessor's Parcel No. SO421346600 Parcel ID No. 0044476 148,036 Sq. Ft. (3.399 Acres) Total PARCEL NO. 34 PERMANENT EASIE1t10TS A parcel of land located in the Southeast quarter of the Southwest quarter of Section 21, Township 4 North, Range I West, Boise Meridian, Ada County, Idaho, being a portion of that curtain parcel of land described in Deed Instrument No. 106067293, as shown on Record of Survey No. 8502, filed as Instrnnent No. 109003849, Records of Ada County, Idaho, being more particularly described as follows: COMMENCING at the South one-quarter comer of said Section 21, (Comer Perpetuation and Filing Record No. 8316469); thence, along the north/south mid-section line of said Section 21, A) N.0.31'57"E.,115.00 feet; thence, B) N.89-27' iT'W., 312.24 feet; dunce, C) N.87.13'39"W., 778.69 feet to the POINT OF BEGINNING, located 145.26 feet Left of Chinden Boulevard (US 20126) Centerline Station 82+35.99; thence, 1) N.87°l3'39"W., 121.99 feet; dunce, 2) N.M7' I rW., 92.37 feet to the westerly line of the Southeast quarter of the Southwest quarter of said Section 21; dunce, along said westerly line, 3) N.0034'56 -F—, 382.11 feet; thence, leaving said westerly line, 4) S.89 -25'04"E., 25.00 feet; dunce, parallel with said westerly line, 5) S.0034'56"W.,110.44 feet to the beginning of a tangent curve; thence, 6) Southeasterly along a curve to the left, having a radius of 50.00 feet, an are length of 52.39 feet, through a central angle of 60002'12", and a long chord which bears S.29.26' 11 "E., 50.03 feet; thence, tangent from said curve, 7) S.59027'1 -PE., 102.87 feet to the beginning of a tangent curve, thence, 8) Southeasterly along a curve to the right, having a radius of 150.00 feet, an arc length of 157.08 feet, through a centrad angle of 60.00'00", and a long chord which bears S.29.27'17"E., 150.00 feet; thence, tangent fiom said curve, 9) S.0.32'43"W., 51.72 feet to the POINT OF BEGINNING. BOISE a COEUR d'ALENE Page 14 of 40 04124/2019 4:40 AM' Idaho Tumq orWiion Departanod IDAHO 16, US 20/26 TO IDAH0 44 February 21, 2012 Assessor's Parcel No. 50421346600 Project No. A011(236) Parcel ID No. 0044476 Key No. 11236 148,036 Sq. Ft. (3399 Acres) Total Psge 2 of 4 The above-described parcel CONTAINS 44,370 square feet (1.019 A=4 more or less. Parcel limits exba riding Am Chinden Boulevard (US 20;126) Centerline Station 80+21.73 to 82+35.99. SUBJRCT TO: Record Docunwats. A pared of land located in dna Southeast quarter of the Soudmest querber of Section 21, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, bein=g a portion of that certain parcel of land described in Dead Instrument No. 106067293, as shown on Record of Survey No. 8502, fw as Intent No.109003849, Records of Ada Courtly, Idaho, being more particularly described as follows: COMMNCING at the South oneaquarber corner of said Section 21, (Corner Perpetuation and Filing R=ecord No. 8316469): dune, along the north =9h mid-section line of said Section 21, D) N.00031'57"E.,115.00 feet thence, E) N.89027-1 rW., 10.39 fleet to the POINT OF BEGINNING, located 115.00 feet Lett of Chinden Boulevard (US 20/26) C nteiine Station 93+15.95; thence, condauing, 14)N.99027 -17-W., 25.00 fees, thence, 15) N.0°34'29"E., 535.22 felt; thence, 16)N.89025'31"W.,1269.17 thence, 17)N.0034'56"E., 25.00 fed; thence, 18) 3.89°25'31'8.,1269.17 fleet; dxm*, 19) S.44°25'3I "E., 35.36 fret; thence, 20) S.00°34'29"W., 535.21 feet to the POINT OF BEGINNING. The above4maribed parcel CONTAINS 45,422 square feet (1.043Acres), maze or less. Pared Waits extending fronn ChiW= Boulevard (US 2026 Cenbedine Station 80+22.06 to 93+16.23. SUBJECT TO: Record Damn nests. BOISE • COEUR WALENE Page 15 of 40 044412079 4:40 AM Idaho Transportation Department IDAHO 16, US 20016 TO IDAHO -44 PrvjedNo. A011(236) Key No. 11236 Total Page 3 of 4 February 21, 2012 Assessor's Parcel No. SO421346600 Parcel 1D No. 0044476 148,036 Sq. FL (3.399 Ames) Total A parcel of land located in the Southeast quarter of the Southwest quarter and the Southwest quarter of the Southeast quarter of Section 21, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being a portion of that certain parcel of land described in Deed Instrument No. 106067293, as shown on Record of Survey No. 8502, filed as Instrument No. 109003849, Records of Ada County, Idaho, being more particularly described as follows: COMMENCING at the South one-quarter comer of said Section 21, (Conus Perpetuation and Filing Record No. 8316469); flomm along the north/south arid -section line of said Section 21, H) N.00°31'57"E.,115.00 feet; thence, 1) S.W25'31" 8., 39.61 feet to the: POINT OF BEGINNING, located 115.00 foot Left of Chinden Boulevard (US 20126) Centerline Station 93+65.89; thence, 21)N.0 -34'29"E., 610.20 feet; thence, 22)N.89025'31"W., 1344.16 fiat to the westerly line of the Southeast quarter of the Southwest quarter of said Section 21; tb ence, along said westerly line, 23)N.0°34'56"E., 25.00 feet; thence, 24) S.89 -25.31-E.,1369.16 fief 11 mce, 25) S.0034'29"W., 635.20 feat *ence, 26)N.W25'31"W., 25.00 fed to the POINT OF BEGINNING. The above 4escribed parcel CONTAINS 49,484 square feet (L 136Acree), mare or lees. Parcel limits extet ding from Chinden Boulevard (US 20/26 Cantedine Station 80+22.10 to 93+90.89. SUBJECT TO: Record Documents. A parcel of land located in the Soutsuwest quartan of the Southeast quarter of Section 21, Township 4 North, Range 1 West, Boise Meridian, Ada. County, Idaho, being a portion of that certain parcel of land described in Deed Instrument No. 106067293, as shown on Record of Surrey No. 8502, Sled as Instrument No. 109003849, Records of Ada County, Idaho, being mon particularly described as follows: BOISE + COEUR d'ALENE Page 16 of 4 04/24/2019 4:40 A Idaho Transportation Department IDAHO 16, US 20116 TO EDAHO-44 Project No. A011(236) KeyNo.11236 Page 4 of February 21, 2012 Assessor's Parcel No. 30421346600 Parcel ID No. 0044476 148,036 Sq. Ft. (3.399 Acres) Total CO1V UNiC@iG at the South quarter corner of said Section 21, (Corner Perpetuation and Filing Record No. 8316469); thence~, along the north/south mid -rection line of said Section 21, J) N.00031'57"E.,115.00 feet; thence, K) 8.89035131 "E.,198.72 feet to the POINT OF BEGINNING, located 115.00 feet Left of Chinden Boulevard (US 20M) Ceactaline Station 95+25.00; flout, 27)N.0034129"E., 45.00 feet; dome. 28) S.89025'3 M, 30.00 feet; thence, 29) 8.0034-29"W., 10.00 thence, 30) S.89°25'3M.130.00 fact; theac e, 31) S.V3419"W., 90-00 fest; thence, 32) S.WW'31"E.,10.00 feet: thence, 33) S.0°3479"W., 20.00 Beet to the existing northerly right-of-way lino of Chinden Boulevard (US 20016}; thence, along said nordwly right-ofway line, 34)N.89025'31"W., 45.47 feet~ thence, leaving shod right-of-way lint, 35) N.0°34'29"E., 75.00 feat; thence. 36)N.99 -25-31-W., 124.53 feet to the POINT OF BEGINNING. The gibed parcel CONTAINS 8,760 square feet (0.201 Acis), more or less. Parcel limits wanding Sum Minden Boulevard (US 20116 Centerline Station 95+25.00 to 96+95.00. SUBJECT TO: Revord Doo wmis. FLaS06�-BOIIWPB1e�190-Ri�h�W�014T00 - S8P-IS lepl PARCeL 1BtiAl.SMARC2l.3�1PE1PARCEL34-P& FWALdw BOISE • COEUR d'ALENE Page 17 of 40 04124/2019 4:40 AM EXHIBIT B RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT—I.C. 67-2301 Page 12 of 15 f Page 18 of 40 0412472019 4:40 AM - - To". Im aA 1 ar�i n mel +r+ ri° �rrw Iw r pry 4. 111 L t TM7M7�. !d F�1RAef0.iS N111 �IFY ftA • • ! �frRC el Lw qn yawn few • Mr/wl �Wr Y aees „ /�Ii eLT ` i1AT •' 9_' OwrYTw �WY �T yR I4. c &I Af �a ® 0 f '�.��r • _ I4 lift=M63911 ANtIlib► V;i�� �11.prw Op w ui1: fft a� 6 a Laa' } I7 . YIY.i14. GEM 116, lsYr On _ L....... TF'=t s, ,ITT n, 74.r�'jwm raL 1r TIFT. 1- u' s A q FT. Ioft am N, all ..... nT �TO — u 1 rn' raos r OFF F16 as wa.Ma mrT, sa IF M tC"111113110 ILVO•` 11 L w 4sra r SOL FT I FT W�ar 1 ' k e1r IT! 270 FT. E r•.. *; / �..�..�. y Ut /t17i1i'g Nib ..... ..... 1 $- wFT. 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TR�UJ�OREr slaw DQARTMwaan i1�iQ1 8110. TO 00 lI►N R ATO S OR 1 arse otm ala m ••s STA 477.00 TO STA 4$0•44 37 ""t. ,, Eta,-'?"' Page 28 of 40 04/24/2019 4:40 AM fa:1:i1�?li�l RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT— I.C. 67-2301 Page 13 of 15 Page 29 of 40 M1202019 4:40 AM �. - _•�" ..est • :� . 1M N Page 30 of 40 M4/2012 4:40 AM EXHIBIT D RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT— I.C. 67-2301 Page 14 of 15 Page 31 of 40 04/24/2010 4:40 AM . FARM LEA8E (APPmxbn * 7; Aeras — ftum 74 THIS FARM LEASE ('Lease'), made effective the I" day of January, 2013, by and between MARTOM GROUP, LLC CLandlord'), and BLUE DIAMOND TURF LLC, an Idaho limited liability company CTe nant'). RECITALS A. Landlord is the record owner of certain real property situated In Ada Courdy. Idaho, as such real property is generally. depicted on Exhibit A ('Premises`). Landlord Intends to develop the Premises at an undetermined time In the future. as died by market demand {'Development Activit'). B. Tenant IS aware of the possible Development Activity and desires to lease the Premises in order to plant an agricultural crop CCropl; and Landlord desires to lease the Promises to Tenant until such time as Development Activity odder:, according to the terns and conditions contained herein. I. AGREEMENT. Landlord, for and in consideration of the rents, covenants and agreements herein described, does hereby lease to the Tenant the approximate L4 edeas so shown aoeshatched an JaW for the sole purpose of planting a Crop(s). Landlord has used Its rreasameble judgment to anticipate Development Activity and has designated the type of Crops) that may be grown on the Premises; which designs llone are depicted on gAM attached hereto. 2. I=. Tenant shall Lease said Premises for a one year period, from January 1, 2013 through December 31, 2013 CTwm', unless otherwise terminated as provided herein. Natwithstendft the foregoing, the Term shall expire five (5) days following Tenant's order course of harvest or removal of the Crop. 3. RENT. Tenant does hereby covenant, promise and agree to pay to the said Landlord as rent in the manner and at the time herein spWfied, at the rate of $175.00 per acre for a total sum of 612.W0,00 ('Renr) payable no later than X15, 2013. Rent shall be paid to Landlord at 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713. 4. TERMINATM DUE TO DEVELOPMENT ACTMiY. In the event any portion of the Premises noted ae'Eady Harvest' In Exhibit A is subject to Development Activity prior to the end of the Term, this Lease shall terminate as to the acres used for such Development Activity. Landlord shall provide a minimum of thirty (30)�dsys' notice to Tenant, which notice shall identify the location of the Premises that will be Bern mated due to Development Activity ('Development Activity Termination Date'). If any portion of the Premises dated as 'Early Harvest In Exhibit A is terminated due to Development Activity, Landlord agrees to reduce the Rent in an amount determined by multiplying the acres required for the Development Activity by the per acre rate referenced in Section 3 above. Tenant shall have the right to remove the Crop from the designated acreage prior to the Development Activity Termination Date. If Tenant has not removed the Crop by the Development Activity Termination Deb, Landlord will remove the Crop at its discretion. In the event any portion of the Premises noted as 'Any HsrveW In Exhibit A is subject to Development Activity prior to the end of the Term, both parties agree to negotiates In good faith on termination of such acres. 0 FAM LEASE -1 o•'Opp'°r°"�1ProPNq'M�r�M'w+Nr'°°nyA"Ne SIF'""LOmM, FF I , '"d FmLv @WM3W13Pdo-1Lem-m uddw Page 32 of 40 0412M2019 4:40 AM & TAXES AND EXPENSES. Landlord shall pay when due all real property taxes and ON Irrigation dlwM assessments. The Tenant shag pay ON personal property takes IeWsd and assessed apinst the Tenonft Mure% equipment and other property on the Promises. Tenant Includinggrasig fon tlab t labor and pay and repairs. all expenses connected with the farming of said Premises, 6. CARE OF PREMISES. Tenant agrees that he will maintain the Premises In good order and In neat and farm -ft condition and further sprees: 6.1 To control all weeds (noxious weeds hncuded) growing on the Premises in a good and farm -like manner Including but not limited to Own growing In, along and around cultivated fields, roadways, ditches, drain s, and fsnoes. Tenant shall also be responsible for the eradication and control of any rodents on the Premises. If Tenant defaub hereunder, Landlord shall have the right alter three days written notice served on the Tenant to control such weeds (noxious weeds Included) and gophers and the coat thereof shag be borne by the Tbnont as additional Tient. 8.2 To clean out and keep In good repair all ditches and drains on said Premises used for inigadon purposes, an necessary materials and labor to be furnished at Tenant's P. T. IMPROVEMENTS. Except as otherwise provided herein. Landlord shall be entitled to enter the Premises to demolish, rer ove and/or suer all outbuildings, improvements, or its personal property on the Premises. Tenant agrees to cooperate with Landlord In any such action, including Us moving of Its farm equipment, so long as such cooperation is at no cost to Tenant. & RIGHT OF ENTRY. Upon five (5) days' notice, Landlord and Landlord's employees, agents and contractors, shag be entitled to enter the Premises to conduct surveys, studies, testing, demolish Improvements, or ler any other action related to Landlord's Development Activides. 9. SURRENDER OF POSSESSION. At the ismhinstion of the Lease Term, Towel shall quit and surrender possession of the Premises to Landlord, removing ail personal belongings and leaving the Promises In as good a state and condition as reasonable use and wear twoof will permit (der ages by the elements excepted). Tenant will leave the irrigation systems (Including any pump and cordrois) In an operating condition on the Promises. Landlord's Development Activity is dictated by the market; and as such, Tenant shall not prepare or improve any portion of the Premises in anticipation of leasing the Premises for another tern. Any improvements made to the Prem afbw harvasdng said Crop shall the at Tenants own risk and expense. 10. HAZARDOUS WASTE The Tenant shag not cause or permit any hazardous substenae(s) to be wed, stoned, generated or disposed of on or In the Promisee, without first obtaining the Owners written consent. Notwidhetanding the Owne's consent, I any hazardous subetance(s) Is used, stoned, generated or disposed of an or in the Premises by the Tenant, such usage, storage, generation and disposal shall, in all respects, be In strict accordance all federal, state and local laws, statutes, lordinances and regulations. N the Premium become contaminated in any manner for which the Terent is liable, the Tenant shag Indemnity, defend, saes and hold the Owner harmless torn any and all claims, damages, fires, Judgments, penalties, costs, IlabgIties or losses arising during or after the Term and arising as a result of that contamination by the Tenart. As used herein, "hazardous substance" shall mean arty hazardous or Wft substance, material or waste which Is or FARM LEASE - 2 c�.lopnM�MProp�IY �m�• ^+ eie fins I.ew�51o1 s�+s Pw�.d i..w - ndMdAoe Page 33 of 4 04/2412019 4:40 A becomes regulated by any local governmental authority, the State of Idaho or the United States Government. 11. 11, +1 U = Tenant shall indemnify, defend, protect, and save Landlord from all actions or chime for personal injuries or property damage sustained upon the Premises and prodketed upon the Landlord's ownership of the Premises. Tenant agrees to secure and keep, in full force and effect from and atter the date Landlord first allows Tenant on the Premises, broad form general liability insurance insuring for death, Wdyy injury and property damage In the combined single limit amount of at least one million dollars ($1,000,000). The policy shall name Landlord and Tenant as Insured and shag further name Brighton Corporation as on additional hmmid. A copy of the policy or Certificate of Insurance shag be dellvered to Landlord, at Lwsdlonft request. Tenant aW also secure and keep in force Workmen's Compensation or similar Insurance to the extent required by federal, state and local taw. 1L DEFAUI. Tenant's use o1 the Premises in any unlawfuul manner shag be deemed a Wench of the Lease and cause Tenant to forfeit all Tenants' rights under this Lease. The Lease shall be immediately terminated at no expense to Landlord. It Is further geed that If any rent shag be due and unpaid, or if default shag be made In any of the covenants herein contained, then it shall be lawful for Larxtd to re-enter the Premises and remove all persons therefrom and at its option, terminate this Lease, alter fist giving Tenant written notice of the matter to which he is in default and a lapse of 15 days without Tenant having removed and corrected default. Tenant agrees to pay all reasonable costs and attorneys! fees incurred by Landlord in the onliorcement of this Lease. 13. LIENS. Tenant agrees not to cause or permit any liens to be placed on the Premises during the Lease term. Any lions on the Premises caused by Tenant shall be considered a broach of finis Lease and shall be removed irnmedistely at Tenant's sole cost and expense. % ASSIGNIVIENT,JU86ME. SUCCESSION. Tenant shag not assign, lease or sublease any portion of sold Premises; or permit any other person or persons to occupy or improve the same, or make or suffer to be made any alterations thereon. This Lease shall be binding upon and shag inure to the benefit of the respective heirs, personal represerntatwes, successors and assigns of the parties. 16. HEADING The headings, tine and captions used in this Lease are for convenience only and are not part of this Lease. 16. ENTIRE AGREEd1gEN?: This Lease, induding the exhibits attached hersto, contains the entire agreement between the parties as of the data of this Lease and the execution hereof has not been induced by either party or any agent of either party, by rsepII stations, promises, undertakings not eopensed herein. Thera are no collateral agreements, stipulations, covenads, promises, inducements or undertakings whatsoever between the parties concerning the subject matter of this Lease which aro not expressly contained herein. This Lease may only be amended by written downed signed by both parties. 17. E&MMILE: CQLdNTERPARTS. This Lease, and all ancillary documents executed by the parties in connection herewith, may be executed by facsimile or In multiple counterparts, each of which shall be deemed to be an original but of of which, together, shall constitute one and the some instrument. [END OF TEXT: SIGNATURES TO FOLLOW] FARM LEASE - s O VOFwW&WPfflPWV M1MWOMrwMln "F(gWftd Faneend Fenn UWUW1 0 3=13 POKWd UN - N L doe Page 34 of 40 04r2412019 4:40 AM IN WITNESS WHEREOF, the penin hereto have hereunto set their hands and nosh, the day and year Me Lease Mit above written. LANDLORD: TENANT: Blue Diamond Turf LLC By: 12-L /14— Josh Ja0k. maragAiNember MEtY X S91CAVAMitt City Stob Zip Zap — tSrt-Iyl1 Telephone numbers) PAM LEABE - 4 0�� NdFWMLSMMU MSPd.aLM -Mvbm do Page 35 of 4 04"2019 4:40 A EXHIBMA Depiction of Prmkhm 11 page attedX4 MUOW ATO FARM LEASE GiOp W=Wrmp" Mw"WWWf=M PRePNWF M lane - m.w dw Page 36 of 4 04124/2018 4:40 A y J rryj I f r.41 __- w\\ POLLARD Blue Diamond Turf LLC 1 50429346800 74.57 Total: 74.57 Page 38 of 40 0412412018 4:40 AM EXHIBIT E RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT— I.C. 67.2301 Page 15 of 15 Page 39 of 40 04124/2019 4:40 AM Pere9134 LwUAgnaw "Me AN2atmnt wlPoqud tu4d9� ParombW= 3!1212013 ALR 031122013 Ammmpftm Ow"wW tubboVftop 1i dmal m�Y Exmwabm b aebumed b be hYf d daplh of mon (1472 = 0 7) not rxdudrg duan BW WubbmV ( V) SMMs send rendaw s 7 vedr and S S' deep Oap1h s awraps of arwned 3' b S' drplh rsgtwed b ps! b fine drar�np matstrl L oWAp m LM1p51 a 2005 FT Paver wt VAft a 2S FT IN— Shouklar VA m = 4 FT Chang & GmM g VAM - 70 FT Emmvabm W M = 39 FT CW-d&4w Pavem d Aron = 94158F Aq*" = 2 FT 3W AN Bare= 35 FT Gmmdw S OOMM 55 FT lint Wrghls Arphgk 141 W Beae 140 baf Subbare 135 bf Qua U-1 (roundeQ 2014X)SA Ckerrg & On4bnp 3 2 AC 2000 CY 2054M E=m om 2025 CY 301-ODOA GranLAw Subbars 4125 TONS 2255 CY 3030?9A 314' Anr TY8 tar 8e 1715 TONS 505 CY 405.3204 &Wwpws MAAA Pav Cl SRI 736 TONS 52130 SF 5913030 FAIT 8w d 1455 CY (5 5' daplh Mw 10% aortr WW - added baba C 640 -sec 201-WSA Cb" & Gnr WV 3 AC 240 CY 205405A EmwAd a 270 CY 301~ GronrAw Subbus 506 TONS 330 CY 303AM SW Awr TY B for Bem 250 TONS 130 CY 405,MA 8uparpeve NAA Pav Cl SP -1 135 TONS 9415 SF $IS401CY e 522 SOCY 315 401CY ■ 5'22 SSICY i112h1 soba Page 40 of 40 04!24!2019 4:40 AM May 21, 2019 Honored Council Members of Meridian City: We understand that the City Council will be hearing the application for the Central Valley Plaza (Pollard Subdivision) this evening, May 21, 2019. We do not believe that this application should be approved because, as it is, because it requires the removal of a public road. There is a common understanding that public roads are not removed without a compelling public need. There is no compelling need in this case. By leaving the new section of Pollard Lane in place and changing the building locations, there is actually a more consistent land usage. We will discuss alternate options that allow the road to remain in place at the council meeting tonight. In this letter we would like to discuss the history of the construction of the new Pollard Lane. We will also discuss and provide the legal history and accompanying representations made to Franklin Sensors Inc. regarding the permanent status of the new Pollard Lane. History of the New Section of Pollard Lane _j Historical Road t4 O w Location — But R '- iswwVacated New Section of Poliard Lane Meridian Research Park Entrance After the construction of the New Section of Pollard Lane in December 31, 2016, the New Section of Pollard Lane was to be deeded to ACHD as a permanent public road. Please see the attached contracts for the road's construction. There area few points to note in these documents: 1) Brighton was paid by IDT to build the New Section of Pollard Lane (which is referred in the contract as "Future Local Road".) 2) The design had to be approved by ACHD. 3) Construction had to be to IDT standards for a permanent road. 4) After being built the New Section of Pollard Lane would be deeded to ACHD. 5) Brighton had an obligation to "complete construction and obtain ACHD acceptance of the Future Local Road [the New Section of Pollard Lane] no later than December 31, 2016. In summary, the New Section of Pollard lane was to be a public road, the same as any other ACHD road after December 31, 2016. We can confirm that, in accordance with the contract the road was built in approximately November of 2016. There was further evidence that this was a public road: After the New Section of Pollard Lane was built in November 2016, a standard green road sign was placed on Pollard Lane. Green signs are only placed on public roads. This is a clear signal to all that Pollard Lane is a public road. in contrast blue signs are used to designate private roads. One example is shown below. It is clear that Old School is a private road, and Pollard Lane is a public road. That should be more than enough evidence that the New Section of Pollard Lane was to be a permanent public road. But was other supporting communication too: 1) On June 15, 2016 (prior to the construction of the new section of Pollard Lane) Mike Wardle sent an email to all interested parties (ACHD, IDT, Franklin, Brighton, etc.) clarifying what was going to happen to Pollard Lane. That email is attached. In the email he clarified that the New Section of Pollard Lane would be "Permanent." In the same email he clarified that it would be deeded to ACHD. The fact that it was to be deeded, with no caveats, clarifies that the road was intended to be permanent. In the same email thread ACHD clarified that the new section of Pollard Lane needed to be built to ACHD standards, so that ACHD will accept it after transferring ownership. 2) The contract between Brighton and ACHD refers to it as a "Future Local Road" in numerous locations. It is not designated as a temporary road, or an interim road. 3) Brighton adjusted the location of the New Section of Pollard Lane 3 times, prior to its construction. After each adjustment Meridian Research Park revised their site plan, and repeated the zoning approval process so that Meridian Research Park could be aligned with the New Section of Pollard Lane. If the New Section of Pollard Lane were to be temporary, there would have been no need for the 3 different alignments. Also, if the New Section of Pollard Lane were to be temporary there would have been dialogue to that effect. However, the communication was that the new section of Pollard Lane was to be a permanent road. 4) In response to dialog about the location of the New Section of Pollard Lane, Mike Wardle communicated on November 16, 2016 that Brighton's third alignment "should work well with the proposed [Meridian Research Park] business park entrance." It is noted that the email communication didn't say that the road was temporary construction. Legal Obligations Pertaining to Pollard Lane Lastly, on March 28, 2019 four members of Franklin Sensors Inc. met with ACHD and ACHD confirmed that the road was built in the approved location. In this meeting, ACHD also indicated that the road was recorded incorrectly, because ITD had sent over the wrong paperwork. In this meeting ACHD indicated that they did not want to correct the paperwork until after this development was approved or disapproved and by not correcting the paperwork they would consider it a private road. But we want to highlight that Brighton had an obligation to ensure the road was built correctly and they were paid $355,822 to do so (see P.6 of the Agreement for Possession from ITD). ACHD had an obligation to record it properly. This was a legally binding contract upon which we in good faith relied in building our complex. If the building locations are adjusted so that the new section of Pollard Lane remains in place, then we would be supportive of this application. But as it is, this application should be rejected because it requires the removal of a public road, without a public need. In addition, although we have tried to reach out to the applicant to work out a compromise solution for moving buildings or providing equivalent access, the applicant has not yet come up with a compromise that either leaves the road in place or provides permanent equivalent public access to our property. Regards, L David and Mic Ile D rrough, Owners Franklin Sensors, Inc. Meridian Research Park, LLC