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Home My WebLink About220819 Cross Access Easement and Restriction Agreement 120124 V1E IDI� 11 APPROVED DA EI 09/27/22 ADA COUNTY RECORDER Phil McGrane 2021-105861 BOISE IDAHO Pgs=18 CHE FOWLER 07/14/2021 12:37 PM FNTG NCS (LAS VEGAS) $61.00 CROSS -ACCESS EASEMENT AND RESTRICTION AGREEMENT THIS CROSS -ACCESS EASEMENT AND RLSTRICTION AGREEMENT ("Agreement") is made effective as of the % day of , 2021 (the "Effective Date"), by and between WINCO FOODS, LLC, a Delaware imited liability company ("WinCo"), and MB OVERLAND WELLS, LLC, a Nevada limited liability company ("MB Overland Wells"). WinCo and MB Overland Wells are collectively referred to as the "Parties" and each individually as a RECITALS A. WinCo is the owner of certain parcels of land in the City of Meridian, County of Ada, State of Idaho, more particularly described on Exhibit A, attached hereto (collectively, the "WinCo Parcel"). B. MB Overland Wells has the contractual right to purchase, and intends to purchase concurrently herewith, a certain parcel of land in the City of Meridian County of Ada, State of Ada, more particularly described on Exhibit B, attached hereto (the "MB Overland Wells Parcel"). C. The parcels described in Exhibit A and Exhibit B (each a "Parcel" and collectively, the "Parcels" or the "Property") are currently contiguous and adjacent to each other. D. The Parties recognize that it is cost-efficient and in their mutual interest to cooperate in the development of the Parcels and to control the uses allowed on the Property. In order to achieve this goal, WinCo and MB Overland Wells hereby grant certain reciprocal easements into, over, and across certain portions of the Property and impose certain restrictions thereon. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and agreed, and for the covenants set forth herein, MB Overland Wells and WinCo hereby agree as follows: 1. ACCESS EASEMENT. The Parties hereby grant and convey to each other Party for their joint and non-exclusive use and for the use and each Party's and Occupant's respective officers, directors, contractors, customers, vendors, suppliers, visitors, invitees, licensees, tenants, and concessionaires (collectively, "Permittees"), a temporary, non-exclusive easement for construction activities and the passage of vehicles and pedestrians over and across South Wells Avenue as legally described and more particularly depicted on the site plan attached hereto as Exhibit C ("Site Plan") (the foregoing collectively, the "Access Easement"). The Access Easement shall be used by the Parties and the respective Permittees to access the Property and CROSS -ACCESS EASEMENT AND RESTRICTION AGREEMENT — Page 1 E IDI� 11 APPROVED DA EI 09/27/22 ;onstruction related activities and shall terminate upon the dedication of South Wells City of Meridian, Idaho or the County of Ada, Idaho. Upon such dedication, the Access granted in this Section 1 shall terminate and the parties shall have no obligations under Section 1 or Section 2 of this Agreement. 2. MAINTENANCE OF ACCESS EASEMENT. As between the Parties hereto, the Parties shall maintain or cause to maintained, the Access Easement or any portion thereof in good condition and repair including, without limitation, routine Maintenance (defined below) thereof, landscaping, sweeping, patching, paving, repainting, restriping and resurfacing the Access Easement, and snow removal therefrom. "Maintenance" shall include, without limitation: (a) Maintenance, repair and replacement of the surface and subsurface of the Access Easement, as necessary, to maintain the Access Easement in a level, smooth, and evenly covered condition with the types of materials and at the same grade and elevation as initially constructed by the Party; (b) Any landscaping required by the City of Meridian, Idaho or Ada County, Idaho within the right-of-way; (c) Removal from the Access Easement of paper, rubbish, debris, ice, snow, and other hazards to Parties and Permittees using the Access Easement, and washing or thoroughly sweeping paved areas as required; and (d) Such painting and repainting of traffic lines (if any) to maintain the Access Easement in first-class condition and provide for safe traffic flow between the Parcels. The cost of Maintenance of the Access Easement shall be shared 50150 between the Parties based on actual expenses. Without limiting the foregoing, if a Party exercising its rights hereunder damages any Parcel or portion thereof (the "Damaging Party"), the Damaging Party shall defend, protect, indemnify, and hold harmless the other Parties from and against all claims, including any action or proceedings brought thereon, and all costs, losses, expenses and liability (including reasonable attorney's fees and cost of suit) arising from or as a result of the injury to or death of any person or damage to property or any improvements on any Parcel, arising out of the Damaging Party's exercise of its rights hereunder or entry on to such Parcel, or that of its agents, servants, contractors, employees, or representatives, except to the extent such claim is caused by the negligence or willful act or omission of such indemnified Party, or its licensees, agents, servants, contractors, employees, or representatives. 3. RESTRICTIONS. The following uses shall not be permitted on the MB Overland Wells Parcel: (a) Any operation primarily used as a storage warehouse operation and any assembling, manufacturing, distilling, refining, smelting, agricultural, or mining operation; (b) Any mobile home park, trailer court, labor camp, junkyard, or stockyard (except that this provision shall not prohibit the temporary use of construction trailers during periods of construction, reconstruction, or maintenance); CROSS -ACCESS EASEMENT AND RESTRICTION AGREEMENT — Page 2 E IDI� 11 APPROVED DAT 09/27/22 (c) Any dumping, disposing, incineration, or reduction of garbage (exclusive �J %UiIIBL R: FPS -2- 2 age compactors or other future technology no more intrusive than garbage compactors near the rear of any building); (d) Any fire sale, bankruptcy sale (unless pursuant to a court order) or auction house operation; (e) Any "second hand" store, "thrift store" or "surplus" store except those such as Ross Dress for Less, Nordstrom Rack, or T.J. Maxx; (f) Any "dollar type store" use, which includes, for illustrative purposes only, 99 Cent Store, Dollar Store, Dollar Tree, Family Dollar and Dollar General; (g) Any central laundry, dry cleaning plant, or laundromat; provided, however, that this prohibition shall not be applicable to: (1) nominal supportive facilities for on -site service oriented pickup and delivery by the ultimate consumer as the same may be found in retail shopping districts in the metropolitan area where the Shopping Center is located; (2) the operation of on -site laundry facilities within a store which services only the internal needs of that store and does not provide laundry services to the general public; and (3) a "green earth" type retail dry cleaning operator using DF-2000 or any similar hydrocarbon solvent used as an alternative to perchloroethylene; (h) Any manufactured home, automobile, truck, trailer, boat or recreational vehicles sales, leasing, display, body shop operation; (i) Any entertainment, recreation, or amusement use or facility, whether directed to children or adults which includes, without limitation, flea markets, movie theaters, live performance theaters, bowling lanes, skating rinks, dance halls, discotheque, off-track betting facilities, casino, card club, bingo parlor, rides, play for fun casino games, and carnival activities; this prohibition shall also be applicable to DVD/movie/game rental vending machines such as "Red Box" or other such nationally recognized DVD rental vending machine; 0) Any veterinary hospitals or animal raising facilities (except that this prohibition shall not prohibit pet shops); (k) Any cemetery, mortuaries, funeral homes or similar service establishments; (1) Any adult book or adult video stores or establishments selling or exhibiting pornographic materials or drug -related paraphernalia, or any other use of a sexually -oriented or "adult" nature; (m) Any stores selling cigarettes, cigars, tobacco and/or tobacco related products, marijuana (whether legal or otherwise) and/or drug related paraphenalia; provided that this prohibition shall not be applicable to a retail grocery store operating on the WinCo Parcel; (n) Any flea markets (o) Any public or private nuisance; CROSS -ACCESS EASEMENT AND RESTRICTION AGREEMENT — Page 3 E IDI� 11 APPROVED DA EI 09/27/22 (p) Any fire, explosion, or other damaging or dangerous hazard, including the display or sale of explosives or fireworks; and (q) In addition, no portion of the MB Overland Wells Parcel shall be used as a "retail grocery store operation" (which is hereby defined to mean any store [including e-commerce retailers that may include, without limitation, storefront drop-off/pick-up facilities], bakery, delicatessen, or sushi operation, engaged in the sale of food products for off -premises preparation and consumption). Without limiting the foregoing, for purposes of this Section 3(x), the term "retail grocery store operation" shall include any small -format grocery stores including, for illustrative purposes only, Sprouts, Grocery Outlet, 99 Cents Stores, Aldi, Lidl, and Wal-Mart's Neighborhood Market or Express stores. Notwithstanding the foregoing, any Party or occupant of any Parcel may operate a store or business that sells food for off -premises preparation and consumption provided that the area within such store or business dedicated to the sale of food for off premises preparation and consumption shall not exceed the lesser of ten percent (10%) of said store or business' Floor Area, or two thousand five hundred (2,500) square feet of Floor Area (which shall include an allocable portion of the aisle space adjacent to the Floor Area of such use). 4. COVENANT NOT TO OBJECT DEVELOPMENT OR BUSINESS OPERATION. Each person or entity that acquires any interest (including a leasehold interest) in the MB Overland Wells Parcel acknowledges that the development of the WinCo Parcel is likely to take place over many years, and that changes in the plans, development, and other governmental approvals for the WinCo Parcel will likely occur as the development of the WinCo Parcel proceeds. In addition, each person or entity that acquires any interest in the MB Overland Wells Parcel acknowledges that businesses located on the WinCo Parcel may have 24-hour operations, truck traffic, and other activities generally associated with a retail commercial shopping center. Each such person or entity therefore agrees not to protest, challenge, or otherwise object to changes made or proposed by the owner of the WinCo Parcel in the development agreements, plans, design standards, and other governmental approvals or allowed uses for the Property or to commercial business operations related activities related to WinCo Parcel. 5. DEFAULT. (a) Events of Default. The failure of a Party to observe or perform any of the covenants, conditions or obligations of this Agreement (a "Defaulting Party") within thirty (30) days after the issuance of a written notice by a Party that has not failed to perform under this Agreement (a "Non -Defaulting Party") specifying the nature of the default claimed, shall constitute a material default and breach of this Agreement by the Defaulting Party. (b) Cure by Non -Defaulting Party. With respect to any default under this Agreement, a Non -Defaulting Party shall have the right, but not the obligation, to cure such default by the payment of money or the performance of some other action for the account of and at the expense of the Defaulting Party; provided, however, that in the event the default shall constitute an emergency situation threatening the safety of life or property, the Non -Defaulting Party, acting in good faith, shall have the right to cure such default upon such advance notice as is reasonably possible under the circumstances or, if necessary, without advance notice, so long as notice is given as soon as possible thereafter. To effectuate any such cure, the Non -Defaulting Party shall have the right to enter upon the Parcel of the Defaulting Party (but not into any building constructed CROSS -ACCESS EASEMENT AND RESTRICTION AGREEMENT — Page 4 APPROVED DA 09/27/22 to perform any necessary work or furnish any necessary materials or services to cure ,E •;UiIBLR: FPS-z�z2- 2 ult of the Defaulting Party. In the event the Non -Defaulting Party shall cure a default, the [arcel) ng Party shall reimburse the Non -Defaulting Party for all costs and expenses incurred in connection with such curative action, plus interest as provided herein, within ten (10) days of receipt of demand, together with reasonable documentation supporting the expenditures made. (c) Waiver of Default. No waiver by any Party of any default under this Agreement shall be effective or binding on such Party unless made in writing by such Party and no such waiver shall be implied from any omission by a Party to take action in respect to such default. No express written waiver of any default shall affect any other default or cover any other period of time other than any default and/or period of time specified in such express waiver. One (1) or more written waivers or any default under any provision of this Agreement shall not be deemed to be a waiver of any subsequent default in the performance or the same provision or any other term or provision contained in this Agreement. (d) Equitable Relief. The Non -Defaulting Party shall have the right to prosecute any proceedings at law or in equity against any Defaulting Party hereto, or any other person, violating or attempting to violate or defaulting upon any of the provisions contained in this Agreement, and to recover damages for any such violation or default. Such proceeding shall include the right to restrain by injunction any violation or threatened violation by another of any of the terms, covenants, or conditions of this Agreement, or to obtain a decree to compel performance of any such terms, covenants, or conditions, it being agreed that the remedy at law for a breach of any such term, covenant, or condition (except those, if any, requiring the payment of a liquidated sum) is not adequate. All of the remedies permitted or available to a Party under this Agreement or at law or in equity shall be cumulative and not alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or remedy. (e) Agreement Continues Notwithstanding Default. It is expressly agreed that no breach of or event of default under this Agreement shall: (i) entitle any Party to cancel, rescind, or otherwise terminate this Agreement; or (ii) defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value as to any part of a Parcel. This limitation shall not affect in any manner any other rights or remedies that a Party may have hereunder by reason of any such breach or default. 6. MISCELLANEOUS. (a) Binding Effect. The terms of this Agreement and all easements granted hereunder shall constitute covenants running with the land and shall bind the real estate described herein and inure to the benefit of and be binding upon the signatories hereto and their respective successors and assigns who become Parties hereunder. No amendment hereto shall be effective unless such amendment has been executed and notarized by the Parties or their respective successors and further provided that any such amendment is recorded in the Official Records of Ada County, Idaho. (b) Counterparts. This Agreement may be executed electronically and in several counterparts, each of which shall be deemed an original. The signatures to this Agreement CROSS -ACCESS EASEMENT AND RESTRICTION AGREEMENT — Page 5 E IDI� 11 APPROVED DA EI 09/27/22 Kecuted and notarized on separate pages, and when attached to this Agreement shall one complete document. (c) Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of any portion of any Parcel or portion thereof to the general public, or for any public use or purpose whatsoever. Except as herein specifically provided, no rights, privileges or immunities of any Party hereto shall inure to the benefit of any third -party, nor shall any third - party be deemed to be a beneficiary of any of the provisions contained herein. (d) Notices. Whenever a Party is required or permitted under this Agreement to provide the other Party with any notice, submittal, request, demand, consent, or approval ("Notice"), such Notice will be given in writing and will be delivered to the other Party at the address or email (provided a hard copy of the notice is sent via overnight mail on or before the next business day) set forth below: (i) personally; (ii) by a reputable overnight courier service, delivery fee prepaid; (iii) by certified mail, postage prepaid; or (iv) by e-mail. A Party may change its address for Notice by written notice to the other Party delivered in the manner set forth above. Notice will be deemed to have been duly given: (A) on the date personally delivered; (B) one (1) business day after delivery to an overnight courier service with next -day service requested; (C) on the third (P) business day after mailing, if mailed using certified mail; or (D) on the date sent when delivered by e-mail (so long as the sender sends a hard copy of the notice is sent via overnight mail on or before the next business day). The initial addresses for Notice are as follows: IF TO WINCO: WinCo Foods, LLC Attn: Greg Goins, Vice President of Real Estate 650 N. Armstrong Place Boise, ID 83704 Telephone: (208) 672-2072 E-mail: grew oig_ns(cwincofoods.com With a copy at the same address to: Lori Gilbertson, Property Manager E-mail: lori.ilbertson(a�wincofoods.com With a copy at the same address to: Chad W. Lamer E-mail: chad.lamergwincofoods.com IF TO MB Attn: Ari Steinberg OVERLAND WELLS: 7301 Peak Drive, Suite 150B Las Vegas, Nevada 89128 Telephone: (702) 290-8257 E-mail: ari@morganstonehill.com With a copy to: Jeffery A. Bendavid, Esq. Bendavid Law 7301 Peak Drive, Suite 150 CROSS -ACCESS EASEMENT AND RESTRICTION AGREEMENT — Page 6 APPROVED DA EI 09/27/22 Las Vegas, Nevada 89128 jbendavid(c ,bendavidfirm.com (e) Time. Time is of the essence with respect to each and every term, condition, obligation and provision contained in this Agreement. (f) Waiver. The failure of any Party to insist upon strict performance of any of the terms, covenants or conditions hereof shall not be deemed a waiver of any rights or remedies which that Party may have hereunder, at law or in equity and shall not be deemed a waiver of any subsequent breach or default in any of such terms, covenants or conditions. (g) Enforcement. In the event of a breach of any term, covenant, restriction or condition of this Agreement by a Party hereto, the other Party shall have, in addition to the right to collect damages, the right to enjoin such breach or threatened breach in a court of competent jurisdiction. [Signatures on following pages.] CROSS -ACCESS EASEMENT AND RESTRICTION AGREEMENT — Page 7 APPROVED DA EI 09/27/22 IN WITNESS WHEREOF, WinCo and MB Overland Wells have caused this Agreement executed as of the Effective Date. WINCO FOODS, LLC, a Delaware limited liability company By:� f--� Name. 1-�2��k..._....__ Title: G w 0 STATE OF IDAHO ) )ss. County of Ada ) On this 0--day of J J� , 20-It before me, a Notary Public, personally appeared oa'1 r known or proved to me to be the of WINCO FOODS, LLC, a Delaware limited liability company, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that s/he executed the same on behalf of said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. +�.•'��••Np ••? Notary Public ,. Residing at 3-0-11 e 11 OTARY" Comm. Expires 9-Y,l¢-o2. 1,I7BLs r �''�.. OF �.•`�► [Signatures continue on following page.] CROSS -ACCESS EASEMENT AND RESTRICTION AGREEMENT Page 8 APPROVED DA EI 09/27/22 MB OVERLAND WELLS, LLC, a Nevada limited liability company By: Name: AyI S2)"vL'C: Title: /VIG9v STATE OF N ") )ss. County of�� ) On this [ day of J, 20,� t, before me, a Notary Public, personally appeared �I k known r proved me to be the nvtl o U U �Q UjCt lS, , a `ab IWOMpfi, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that s/he executed the same on behalf of said IN WITNESS WHEREOF, I have hereunto set my hand a d affixed my official seal the day and year in this certificate first above writt No a u lic2� , NOTARY I GAME C Residing at7361 (S�►C,V �v NOTARY PUBLIC g STATE OF NEVADA Comm. Expires 01 APPT. NO.06-109640-1 Ow APPT. EXPIRES MAY 28, 2023 CROSS -ACCESS EASEMENT AND RESTRICTION AGREEMENT — Page 9 APPROVED DA EI 09/27/22 MB OVERLAND WELLS, LLC, a Nevada limited liability company B Nam } dUIG Title: AA Cma, e STATE OF ,W-L-) )ss. �,\, County of ) On this 13µ day of , 202( , before me, a Notary Public, personally appeared P&A&A known or proved to me to be the of �V{�Y LD( Q_)e1jS t LL4C, , a lfhl L< the person whose name is subscribed to the foregoing instrument, and acknowle ged to me that s/he executed the same on behalf of said IN WITNESS WHEREOF, I have hereunto set my hand a affixed my official seal the day and year in this certificate first above written. N ublic =APPT. BOA Residing at �41 PP`l LIC ADA Comm. Expires 9640-1MAY 28, 2M3 CROSS -ACCESS EASEMENT AND RESTRICTION AGREEMENT — Page 9 E IDI� 11 APPROVED DA EI 09/27/22 EXHIBIT A LEGAL DESCRIPTION OF WINCO PARCEL APPROVED DA EI 09/27/22 EXHIBIT A 2600 Overland Road Property Description I r A parcel of land located in the SW 1/4 of the SE 1/4 Section 17, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the S1/4 corner of said Section 17 from which the SE corner of said Section 17 bears North 89046'00" East, 2656.88 feet; thence North 00024'05" East, 45.00 feet to the SE corner of Destination Place Subdivision filed in Book 93 of Plats at Pages 11190 through 11192, records of Ada County, Idaho, said point being the REAL POINT OF BEGINNING; thence along the East boundary line of said Destination Place Subdivision North 00024'05" East, 1,181.25 feet to a point on the southerly right-of-way line of Interstate 84; thence along said southerly right-of-way line the following 3, courses and distances: thence North 81 °35'27" East, 158.13 feet; thence South 86018'23" East, 471.33 feet; thence 63.33 feet along the arc of a non -tangent curve to the right, said curve having a radius of 1,809.86 feet, a central angle of 02000'17" and a long chord of 63.32 feet which bears South 85010'34" East; thence leaving said southerly right-of-way line South 00024'05" West, 1134.59 feet to a point on the North right-of-way line of E. Overland Road; thence along said North right-of-way line the following 4 courses and distances: thence South 89059'52" West, 71.96 feet; thence South 00024105" West, 11.58 feet; thence South 45033134" West, 28.68 feet; thence South 89"46'00" West, 597.70 feet to the REAL POINT OF BEGINNING. Containing 18.74 acres, more or less. E IDI� 11 APPROVED DA EI 09/27/22 EXHIBIT B LEGAL DESCRIPTION OF MB OVERLAND WELLS PARCEL APPROVED DA EI 09/27/22 EXHIBIT A CONT. 2700 Overland Road Property Description II mmmill A parcel of land located in the SW 1/4 of the SE 1/4 Section 17, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the S1/4 corner of said Section 17 from which the SE corner of said Section 17 bears North 89046'00" East, 2656.88 feet; thence North 00024'05" East, 45.00 feet to the SE corner of Destination Place Subdivision filed in Book 93 of Plats at Pages 11190 through 11192, records of Ada County, Idaho, said point also being on the North right-of-way line of E. Overland Road; thence along said North right-of-way line the following 4 courses and distances: thence North 89046'00" East, 597.70 feet; thence North 45033'34" East, 28.68 feet; thence North 00024'05" East, 11.58 feet; thence North 89059'52" East, 71.96 feet to the REAL POINT OF BEGINNING; thence leaving said North right-of-way line North 00024'05" East, 1134.59 feet to a point on the southerly right-of-way line of Interstate 84; thence along said southerly right-of-way line the following 2 courses and distances: thence 633.16 feet along the arc of a non -tangent curve to the right, said curve having a radius of 1,809.86 feet, a central angle of 20002'39" and a long chord of 629.93 feet which bears South 74009'06" East; thence South 64007'46" East, 23.82 feet to a point on the West boundary line of Overland Way Subdivision filed in Book 46 of Plats at Pages 3798 and 3799, records of Ada County, Idaho; thence along said West boundary line South 00008'32" East, 980.83 feet to a point on the North right-of-way line of E. Overland Road; thence along said North right-of-way line the following 4 courses and distances: thence South 89046'00" West, 600.41 feet thence North 41 °30'26" West, 29.30 feet; thence North 00024'05" East, 9.19 feet; thence South 89°59'52" West, 18.04 feet to the REAL POINT OF Containing 15.875 acres, more or less. "7729 . O ��FnTFOF��PnQO E IDI� 11 APPROVED DA EI 09/27/22 EXHIBIT C DEPICTION OF ACCESS EASEMENT SITE PLAN �� = THE APPROVED LAN D '";E 09,27/22 GROUP SCE %U61BLR'FPS -zazz-aozz June 30, 2021 Project No.: 120124 EXHIBIT "A" STONEHILL - OVERLAND CROSS ACCESS EASEMENT DESCRIPTION LEGAL DESCRIPTION Page 1 OF 1 An easement located in the Southwest Quarter of the Southeast Quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the South One Quarter Corner of Section 17 of said Township 3 North, Range 1 East, (from which point the Southeast Corner of said Section 17 bears North 89°46'00" East, 2656.84 feet distant); Thence North 00°24'05" East, a distance of 45.00 feet to the southeast corner of Destination Place Subdivision, as same is shown on the Plat thereof, recorded in Book 93 of Plats at Pages 11190 through 11192 of Ada County Records, said point also being on the north right-of-way line of East Overland Road; Thence North 89°46'00" East, a distance of 597.70 feet on said north right of way line; Thence North 45°33'34" East, a distance of 17.32 feet to the POING OF BEGINNING: Thence North 00° 24' 05" East, a distance of 477.02 feet; Thence South 89° 35' 55" East, a distance of 103.32 feet; 'Thence South 00° 24' 05" West, a distance of 471.84 feet to a point on the north right of way line of said East Overland Road; Thence on the north right of way line of East Overland Road for the following courses and distances: Thence North 41' 30' 26" West, a distance of 7.88 feet; Thence North 00° 24' 05" East, a distance of 9.19 feet; Thence South 89' 59' 52" West, a distance of 90.00 feet; Thence South 00' 24' 05" West, a distance of 11.58 feet; Thence South 45' 33' 34" West, a distance of 11.36 feet to the POINT OF BEGINNING. PREPARED BY The Land Group, Inc. James R. Washburn, PLS 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208,939.4041 thelandgroupinc.com APPROVED DA EI 09/27/22 a s z 6 0 �a3 Line Table LINE BEARING LENGTH Li N41 °30'26"W 7.88' L2 N00°24'05"E 9.19, L3 S89°59'52"W 90.00, L4 S00°24'05"W 11.58' L5 S45°33'34"W 11.36' N00°24'05"E S1/4 SEC. 17 T.3N., R.1 E., B.M. Exhibit "B" Horizontal Scale: 1" = 80' POINT OF BEGINNING ,( N89°46'00"E 597.70' S89°35'55"E 103.32LU I I I I I I I I I I I z I I W� rn Q y C, h O CD I of Q I� wl I� o to I N I I N ZI I IC/) I I I I I I I I I I I I I I I I �I L3 L4 L2 �7L5 Li 34"E 17.32' EAST OVERLAND ROAD - �/' N89°46'00"E 2656.84' /—::� (BASIS OF BEARING) %� SE1/4 SEC. 17 J T.3N., R.1 E., B.M. %THE Cross Access Easement LAND GROUP 0 80' 160' Project No.: 120124 Date of Issuance: 06/30/2021 r 0 T E IDI� 11 APPROVED )N:E' 09/27/22 :CE %U61BER'FPS -zo 2-2 ------------------------------------------- -------------------------------------------- --------------------------------------------------------------------------- i Co i I� i i I c m zco ' I� D n m m I I I I I I I I I I / / / / I I N 0 o m -0 w m w m m cA z m m 1° n A = WinCo WINCO FOODS STORE (� = n 0 y E OVERLAND RD & a 1 CCn ± cn FOODS S WELLS AVE MERIDIAN, ID N i m m