HomeMy WebLinkAboutCC - Cross Access Easement Agreement ADA COUNTY RECORDER Trent Tripple 2024-018111
BOISE IDAHO Pgs=19 VICTORIA BAILEY 04/08/2024 11:43 AM
GIVENS PURSLEY LLP $64.00
When recorded return to:
GFI-Meridian Investments,LLC
Attn: Trever Gasser
74 E 500 S
Bountiful,Utah 84010
CROSS ACCESS EASEMENT AGREEMENT
THIS CROSS ACCESS EASEMENT AGREEMENT (this "Agreement") is made effective the
1st day of April,2024 (the "Effective Date"),by and between GFI-MERIDIAN INVESTMENTS, LLC, a
Utah limited liability company("GFI-Meridian"),and EAST RIVER VALLEY STREET,LLC,an Idaho
limited liability company ("East River"). GFI-Meridian and East River may each be referred to herein
individually as a"Party"and collectively as the "Parties,"as appropriate under the circumstances.
RECITALS
A. GFI-Meridian owns that certain real property located in Ada County, Idaho, commonly
known as 2700 N. Eagle Rd., Meridian, Idaho, 83646, and legally described on Exhibit A attached hereto
and incorporated herein (the "GFI-Meridian Property"). The term "GFI-Meridian Owner"means the
record holder of fee simple title to the GFI-Meridian Property from time to time, and its heirs, successors,
and assigns, and initially means GFI-Meridian.
B. East River owns that certain real property located in Ada County,Idaho,commonly known
as 2590 N. Eagle Rd., Meridian, Idaho, 83646, and legally described on Exhibit B attached hereto and
incorporated herein(the"East River Property"). The term"East River Owner"means the record holder
of fee simple title to the East River Property from time to time, and its heirs, successors, and assigns, and
initially means East River.
C. The term "Property"means either the GFI-Meridian Property or the East River Property,
as the context may require,and the term"Properties"means the GFI-Meridian Property and the East River
Property,collectively. The term"Owner"means either the GFI-Meridian Owner or the East River Owner,
as the context may require, and the term "Owners" means the GFI-Meridian Owner and the East River
Owner, collectively.
D. GFI-Meridian desires to grant to East River for the benefit of the East River Property a
perpetual, non-exclusive easement on, over, under, and across that portion of the GFI-Meridian Property
legally described on Exhibit C attached hereto and incorporated herein(the "East River Easement Area")
and graphically depicted on Exhibit G attached hereto and incorporated herein (the "Site Plan"),pursuant
and subject to the terms and conditions of this Agreement.
E. East River desires to grant to GFI-Meridian for the benefit of the GFI-Meridian Property a
perpetual,non-exclusive easement on,over,under,and across that portion of the East River Property legally
described on Exhibit D attached hereto and incorporated herein(the "SH55 Access Area")and graphically
depicted on the Site Plan,pursuant and subject to the terms and conditions of this Agreement.
F. The East River Easement Area and the SH55 Access Area are collectively referred to herein
as the "Easement Area."
CROSS ACCESS EASEMENT AGREEMENT—1
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, and
for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,
the Parties hereby agree as follows:
1. Grant of Easements.
1.1 East River Easement. GFI-Meridian hereby grants to the East River Owner for the
benefit of the East River Property,a perpetual,non-exclusive easement on,over,under,and across the East
River Easement Area, for the purpose of pedestrian and vehicular ingress and egress (but not parking)to
and from the East River Property(the"East River Easement"). Such easement shall be for use by the East
River Owner and its heirs, successors, assigns, tenants, contractors, employees, agents, customers,
licensees, and invitees, the subtenants, contractors, employees, agents, customers, licensees, and invitees
of such tenants.
1.2 SH55 Easement. East River hereby grants to the GFI-Meridian Owner for the
benefit of the GFI-Meridian Property, a perpetual,non-exclusive easement on, over,under, and across the
SH55 Access Area,for the purposes of pedestrian and vehicular ingress and egress (but not parking)to and
from the GFI-Meridian Property (the "SH55 Access Easement"). Such easement shall be for use by the
GFI-Meridian Owner and its heirs, successors,assigns,tenants,contractors,employees,agents,customers,
licensees, and invitees, the subtenants, contractors, employees, agents, customers, licensees, and invitees
of such tenants.
2. Construction of the Drive Aisle with Easement Area. The Easement Area shall be
improved with a drive aisle to facilitate the access rights provided for in this Agreement(the"Drive Aisle").
Such improvements within the Easement Area shall be: (a) designed by an Idaho licensed engineer to
facilitate the access rights and uses set forth in this Agreement; (b)designed and constructed in a good and
workmanlike manner,in accordance with all technical specifications and drawings,applicable federal,state,
and local laws, rules, regulations, ordinances, and building codes, and in accordance with all covenants,
conditions, restrictions, and easements of record. The GFI-Meridian Owner bears the responsibility, at its
sole cost and expense, for the construction of the Drive Aisle within the East River Easement Area and the
SH55 Access Area, including all grading for proper drainage and transitions from the GFI Property and
Drive Aisle to the East River Property in accordance with the grading plans, attached hereto and
incorporated herein at Exhibit E (the "Grading Plans"). The GFI-Meridian Owner further agrees, at its
cost and expense, to remove the existing fence on the North boundary of the East River Property, install
curbing on the south side of the Drive Aisle along the East River Property,and pave the area from the Drive
Aisle at the access to the East River Property to the existing elevation of the East River Property .
3. Maintenance. Once constructed,the GFI Meridian Owner, at such Owner's sole cost and
expense, shall maintain the Easement Area and Drive Aisle . As used in this Agreement,the term "Good
Repair"means (i)maintaining,repairing, and resurfacing,when necessary,the paved surface of the Drive
Aisle in a level, smooth, and evenly covered condition with the type of surfacing material originally
installed or such substitute as shall in all respects be equal or superior in quality, use, and durability; (ii)
removing all snow, papers, debris, filth and refuse and thoroughly sweeping the area to the extent
reasonably necessary to keep the area in a clean and orderly condition consistent with other first class mixed
use developments in the same geographic area; and (iii) maintaining, repairing, and replacing, when
necessary, all traffic directional signs,markers and lines.
4. State Highway 55 Access Construction and Maintenance. In connection with GFI-
Meridian's development of the GFI-Meridian Property it has designed and will be constructing a new access
CROSS ACCESS EASEMENT AGREEMENT—2
to State Highway 55 which is a component of the Drive Aisle (the "SH 55 Access"). Plans for the SH 55
Access,which has been approved by all applicable agencies are attached hereto and incorporated herein as
Exhibit F (the "SH 55 Access Plans"). The SH 55 Access is within the Easement Area. Upon completion
of the Drive Aisle, the Parties acknowledge and agree that East River Property's existing direct access to
State Highway 55 will be closed and the primary access to the East River Property will be via the Drive
Aisle from State Highway 55. It shall be the obligation of the GFI-Meridian Owner, at its sole cost and
expense, to construct the SH 55 Access in accordance with the SH 55 Access Plans and to maintain such
improvements constructed pursuant to the SH 55 Access Plans within the Easement Area.
5. Closure of the East River Property Access.Per conditions of development approval from
applicable transportation and land use agencies, the East River Property's existing direct access to State
Highway 55 must be closed as soon as the SH 55 Access is complete. The SH 55 Access Plans include
work on the East River Property to close the existing direct access,which work in accordance with the SH
Access Plans and, as further agreed by the Parties, includes removal of the apron pavement, extension of
the concrete sidewalk and grass median area, installing sprinkler system improvements in the median
connected to the existing water system, and laying sod. GFI-Meridian will complete this work, at GFI-
Meridian's sole cost and expense, and the East River Owner hereby grants to the GFI-Meridian Owner a
temporary easement to complete all such work. Upon completion of the work to close the East River
Property's existing direct access to State Highway 55 pursuant hereto, neither GFI-Meridian nor the GFI-
Meridian Owner shall have any continuing obligations whatsoever to maintain such improvements.
6. Sign Easement: GFI-Meridian hereby grants to the East River Owner for the benefit of the
East River Property, a perpetual, non-exclusive easement on, over, under, and across that portion of the
GFI-Meridian Property that is bounded by the Drive Aisle to the north and the East River Property to the
south(the"Sign Easement Area")for the purpose of accessing,erecting,operating,maintaining,repairing,
inspecting, replacing and removing a monument sign together with the right to run underground power to
such sign within the Sign Easement Area. The Sign Easement Area is depicted on the Site Plan. The East
River Owner shall secure all necessary approvals and provide the GFI-Meridian Owner with copies of the
same,prior to making any improvements within the Sign Easement Area.
7. No Barriers. Each Owner shall ensure that the Drive Aisle is at all times kept free from
obstructions and otherwise kept open in a manner sufficient to accommodate the free and uninterrupted
flow of pedestrian and vehicular traffic over and across the Drive Aisle. Each Owner shall further ensure
that nothing shall be constructed or placed within that portion of the Drive Aisle that will prohibit,
discourage, or reduce the free and uninterrupted flow of vehicular or pedestrian traffic over and across the
Drive Aisle.
8. Additional Rights. The easements conveyed herein are and shall be expressly subject to
any easements and rights-of-way already existing on,over,or under the Properties as of the Effective Date,
and each Owner reserves and retains the right to convey similar rights-of-way, easements, and licenses on,
over, under, and across those portions of the Drive Aisle located on such Owner's Property to such other
persons or entities the Owner may deem proper, so long as such easements, rights-of-way and licenses do
not materially interfere with the rights of the Owners under this Agreement. No Owner may relocate all or
any portion of the Drive Aisle without the prior written consent of the other Owner, which shall not be
unreasonably withheld.Nothing in this Agreement impacts any rights,duties or obligations set forth in any
other agreement or easement impacting the Properties.
9. Indemnification. Each Owner shall indemnify, defend, and hold harmless the other
Owner from any and all liabilities, claims, damages, expenses (including, without limitation, reasonable
attorneys'fees),judgments,proceedings,and causes of action of any kind whatsoever for injury to or death
of any person or damage to or destruction of any property resulting from the willful or negligent acts or
CROSS ACCESS EASEMENT AGREEMENT—3
omissions of the indemnifying Owner or its agents, contractors,or employees,unless caused by the willful
or negligent acts or omissions of the indemnified Owner or its tenants, subtenants, agents, contractors or
employees.
10. Default. The following events shall constitute a"Default"under this Agreement:
10.1 Failure by an Owner to observe or perform any of the covenants, conditions, or
provisions of this Agreement to be observed or performed by such Owner,where such failure shall continue
for a period of thirty (30) days after written notice thereof from the other Owner,or such additional period
of time thereafter as may be reasonably necessary under the circumstances to cure such failure if the failing-
Owner commences to cure such failure within said thirty(30) day period and thereafter diligently proceeds
to cure such failure.
11. Remedies. In the event an Owner is in Default,the non-defaulting Owner shall be entitled
to exercise the following rights and remedies at any time thereafter,with or without notice or demand:
11.1 If an Owner is in Default for failure to perform its construction or maintenance
obligations as provided in this Agreement, then, the non-defaulting Owner may go upon the defaulting
Owner's Property and perform or cause the performance of such construction or maintenance obligations
and bill the defaulting Owner for the expenses thereby incurred. Anything to the contrary herein
notwithstanding, in the event that an Emergency Condition should exist relative to such a failure of an
Owner to perform its construction or maintenance obligations hereunder, then the defaulting Owner shall
not be entitled to such notice and opportunity to cure as provided in Section 10.1 before being in default
hereunder, and any other Owner may immediately cause the performance of the obligations and bill the
Defaulting Owner for the expenses incurred. For purposes of the preceding sentence, the phrase
"Emergency Condition"means any condition constituting an immediate risk of injury to persons or serious
damage to property. Expenses billed to a defaulting Owner pursuant to this Section shall accrue interest
ten(10)days after receipt of such bill at the lesser rate of eighteen percent(18)per annum or the maximum
rate allowed by law.
11.2 In the event of any other Default, the non-defaulting Owner may institute legal
action against the defaulting Owner for specific performance, declaratory or injunctive relief, monetary
damages, and any other remedy provided by law or in equity.
12. Notice. All notices, approvals, consents, requests, elections and other communications
required or permitted to be given under this Agreement(each a "notice") shall be in writing and shall be
given by: (a)hand delivery, in which event such notice shall be deemed duly given and received upon the
earlier of delivery or refusal to accept delivery thereof, (b) U.S. Certified Mail, return receipt requested,
with postage prepaid, in which event such notice shall be deemed duly given on the date of mailing and
shall be deemed received upon the earlier of the date of actual receipt,the date of delivery as shown on the
return receipt, or the third day after deposit in the mail; or (c) a nationally-recognized overnight delivery
service (e.g., FedEx), in which event such notice shall be deemed duly given on the date deposited with
such service and deemed received upon the earlier of the actual date of receipt or the day after deposit with
the nationally-recognized overnight delivery service. Notwithstanding the foregoing, actual receipt of a
notice, however given and from whomever received shall always be effective, and any notice given by an
Owner's attorneys, shall, for all purposes,be deemed to have been given by such Owner. All such notices
shall be addressed to the appropriate Owner at the address set forth below, or at such other address as an
Owner may specify from time to time by notice to the other Owner:
CROSS ACCESS EASEMENT AGREEMENT—4
If to East River: East River Valley Street, LLC
Attn: Perry Coles
2590 N. Eagle Rd
Meridian, Idaho 83646
If to GFI-Meridian: GFI-Meridian Investments, LLC
Attn: Trever Gasser
74 East 500 S, Suite 500
Bountiful, Utah 84010
13. Not a Public Dedication. Nothing herein contained shall be deemed to be a grant or
dedication of any portion of the lands identified herein to the general public, it being the intention of the
Parties that this Agreement and the easements granted herein shall be strictly limited to and for the purposes
herein expressed.
14. Counterparts. This Agreement may be executed in counterparts,each of which is deemed
an original but all of which constitute one and the same document. The signature pages may be detached
from each counterpart and combined into one document. This Agreement may be signed electronically and
delivered by facsimile or via email in PDF or other similar format, each of which shall be effective as an
original. The Parties expressly agree that the transactions contemplated by this Agreement may be
conducted by electronic means.
15. Attorneys' Fees. In the event of any controversy,claim,or action being filed or instituted
between the Owners to interpret or enforce the terms of this Agreement, or arising from the breach of any
provision hereof,the prevailing Owner shall be entitled to receive from the non-prevailing Owner all costs,
damages, and expenses, including without limitation reasonable attorneys' fees incurred by the prevailing
Owner (whether incurred prior to trial, at trial, on appeal, and/or during any post judgment collection
activities).
16. Binding Effect. The Parties hereby acknowledge and agree that the easements and the
rights and obligations conferred and imposed by this Agreement are intended to, and do, constitute
covenants that run with the land and shall inure to the benefit of and be binding upon the Parties and their
respective grantees,heirs, successors, and assigns.
17. Miscellaneous. The Parties acknowledge that each Party and, if they should so choose,
their attorneys, have reviewed and revised this Agreement and that the normal rule of construction to the
effect that any ambiguities are to be resolved against the drafting Party shall not be employed in the
interpretation of this Agreement or any amendments or exhibits to this Agreement. The section headings
of this Agreement have been inserted for convenience of reference only and shall not affect any construction
or interpretation of this Agreement. This Agreement may be modified only in a writing signed by both
Owners. No waiver of any right or remedy in the event of default hereunder shall constitute a waiver of
such right or remedy in the event of any subsequent default. This Agreement shall be governed in all
respects by the laws of the State of Idaho. The invalidity or unenforceability of any provision of this
Agreement shall not affect the validity or enforceability of any other provision hereof. All time periods in
this Agreement shall be deemed to refer to calendar days. If the last date on which to perform any act,give
any notice,or be deemed to have received any notice under this Agreement shall fall on a Saturday, Sunday,
or holiday observed by the state courts sitting in Ada County, Idaho, such act or notice shall be deemed
timely if performed or given, or notice shall be deemed received, on the next succeeding day that is not a
Saturday, Sunday, or holiday observed by the state courts sitting in Ada County, Idaho.
[Remainder of page intentionally left blank; signature page follows.]
CROSS ACCESS EASEMENT AGREEMENT—5
IN WITNESS WHEREOF,the Parties have executed this Agreement effective as of the Effective
Date.
EAST RIVER:
EAST RIVER VALLEY STREET,LLC,
an Idaho limited liability company
By.
Name: co _e-
Its: 0-4 e-M&eA_
STATE OF Jf'--v_________ )
ss.
County of
This record was acknowledged before me on this _L day of lk r%0 2024, by
ti,r4 d U's ,as of East River Valle Street,LLC.
mycornmissi xOires
MICHAEL MCFARLANE
Notary Public-State of Idaho
Commission Number 20202126
My Commission Expires Jun 15,2026
CROSS ACCESS EASEMENT AGREEMENT—6
GFI-MERIDIAN:
GFI-Meridian Investments,LLC,
a Utah limited liability company
j
Name: `T�i J r a
Its: M .fir C
STATE OF V h
` )ss.
County of
This record was acknowledged before me on this " day of 2024, by
r' Vol � ,as_ d�`1�� � of GFI—Meridian Investments,LLC.
My Commission Expires d 7_
ANDREW MORAN
NOTARY PUBLIC•STATE OF UTAH
COMMISSION NO. 734789
COMM. EXP. 12-28-2027
CROSS ACCESS EASEMENT AGREEMENT-7
EXHIBIT A
Legal Description of GFI-Meridian Property
A parcel of land situated in the Southwest 1/4 of the Northwest 1/4 of section 4,Township 3 North,
Range 1 East,Boise Meridian,City of Meridian,Ad a County,Idaho,and being more particularly
described as follows.
Commencing at a found brass cap marking the Northwest corner of said Section 4,which bears
ND0'36'0(rE a distance of 2,611.39 feet from a found brass cap marking theWest 1/4 corner of said
Section 4,
Thence following t h e westerly line of said Northwest 1/4,S00'31YOCYW a distance of 1385.13 feet;
Thence leaving said westerly line,S89'5 V36"E a distance of 70.01 feet to a found 5/V och rebar
marking the southwest corner of Southeast Corner Marketplace Subdivision No.I and being the POINT
OF 0 EGINN ING.
Thence following the southerly boundary I ine of said Southeast Corner Marketplace Subdivislo n No.1,
S89'5 1'36"E a distance of 479AS feet to a set 5/8-inch rebar;
Thence leaving said southerly su bdIvisio n boundary line,SW37'57"W a distance of 565.59 feet to a set
S/Vn ch rebar an the northerly subdivision boundary line of Bach Subd lvislon;
Thence following the northerly su iVision boundary line the fo I lowing two(2)courses:
1. N66*18'52"W a distance of 251,97 feet to a found aluminum cap;
2. 584"25'080W a distance of 17.13 feet to a found 51&lnch rebar marking the northwest corner of
said Bach Subdivision;
Thence leaving said northerly subdivision bo u nda ry line,e,SW26'OrW a distance of 114.63 feet to a
found 518-inch rebar;
Thence N53'D4'00"W a distance of 144.D6 feet to a f6un-d 518-inch rebar on the easterly right-of-way
line of N.Eagle Road;
Thence followinS said easterly right-of-way line,N[V36!00rE a distance,of 391.77 feet to the P01INT OF
BEGINNING.
Said parcel contains 231,902 Sq. rt.(5.324 acres),more, or less,and is subject to all e*sdng easements
and/or rIghts-of-way of record.
All subdivisions,deeds,record of surveys,and other instruments of record referenced herein are
recorded documents of the county in which these described lands are situated In.
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CROSS ACCESS EASEMENT AGREEMENT—8
EXHIBIT B
Legal Description of East River Property
A portion of the Southwest quarter of the Northwest quarter of Section 4,Township 3 North,Mange 1 East,
Boise Meridian,more particularly described as follows:
Commencing at the Northwest comer of the Southwest quarter ol the Northwest quarter of Section 4,
Township 3 North, Range 1 East,Boise Meridian, Ada County,Idaho;thence
South along the West line of said Section 4,a distance of 433.62 feet to the Real Point of Beginning;thence
South 53'40'East 2311.01)feet to a point,thence
North 83"SD' East 114.57 feet to a point;thence
South 21&05 feet to a point;thence
West 300.00 feet to a point an the West line of said Section 4;thence
North 342.64 feet to the Point of Beginning,
Excepting a 25 foot strip on the West side for highway right-of-way.
Also Excepting a parcel of land being on the Easterly side of the centerline of State Highway No.55(Eagle
Road), Project No.NH- -3271(037)Highway Survey,as shown on the plans thereof now on file in the 01fice,of
the Idaho Transportation Npartment,and being a portion of the Southwest quarter of the Northwest quarter
of Section 4,Township 3 North,Range 1 East, Boise Meridian,described as follows to-wit:
Commencing at the Northwest comer of the Southwest quarter of the Northwest quarter of Section 4,
Township 3 North,Range 1 East,Boise Meridian that bears North 89"23'47" West 0.34 feet from Station
155+31.73 of said State Highway Nm 55(Eagle Road), project NH-F-3271(037)Highway Survey;thence
South 0'36'13"West(s hown of record to be South)along the West line of said Southwest quarter of the
Northwest quarter a distance of 765.43 feet(shown of record to be 776.26 feet)to the Southwest comer 01
the tract of land as described in that certain Warranty Deed dated January 24,1975,recorded January 24,
1975,as Instrument No.912958,records of Ada County,Idaho,said cornor being a point in the centerline of
said Slate Highway No.55,that is coincident with Station 147466.31 of said Highway Survey and being the
Real Place of Beginning-thence
South 89"23'47" East(shown of record to be East)along the South line of said tract of land 70.0 feet to a
point in a line parallel with and 70.0 feet Easterly from the centerline and beers South SRI'23,47" East from
Station 147+66.31 of said Highway Survey;thence
North 0'36'1 3" East along said parallel line a distance of 291.05 feet to a point in the Northerly line of said
tract of land and being opposite Station 150+57.35 of said Highway Survey-thence
North 53"0317"West(shown of record to be North 53"40'West)along said Northerly line BUR feet to the
Northwest comer of said tract of land,said comer being a point in the West line of said Southwest quarter of
the Northwest quarter,said West line being coincident with the centerline of said State Highway No.55,and
said point being coincident with Station 151+08.84 of said Highway Survey;thence
South 0*36'13"West along said West line being coincident with said centerline 342.53 feet to the Real Place
of Beginning.
CROSS ACCESS EASEMENT AGREEMENT—9
EXHIBIT C
Legal Description of East River Easement Area
A parcel of land for a Cross Access Easement situated in a portion of the Southwest 1/4 of the Northwest 1/4
of Section 4,Townsh ip 3 North,Range 1 East, Boise Meridian,City of Meridian,Ada County, Idaho and being
more particularly described as follows:
Commencing at a found brass cap marking the Northwest corner of said Section 4,which bears N00'36'00"E a
distance of 2,611.39 feet from a found brass cap marking the West 1/4 corner of said-Section 4,thence
following the westerly line of said Northwest 1/4,SDD'36'00"W a distance of 1,384.57 feet,
Thence leaving said westerly line,S89'24'00"E a distance of 70.00 feet to the Southwest corner of Southeast
Corner Marketplace Subdivision No. I(Book 101 of Plats, Pages 13253-13255};
Thence following the southerly boundary of said Southeast Corner Marketplace Subdivision No.1,589'51'36"E
a distance of 212.04 feet to the POINT OF BEGINNING.
Thence following said southerly subdivision boundary,569051'36"E a distance of 43.64 feet;
Thence leaving said southerly subdivision boundary,544'51'36"E a distance of 19,90 feet;
Thence 589'51'36"E a distance of 210.32 feet to the westerly boundary of a parcel of land as described in
Quitclaim Deed per Instrument No.2020-083833;
Thence following said westerly Quitclaim Deed boundary,S00'37'57"W a distance of 30.00 feet;
Thence leaving said westerly Quitclaim Deed boundary,N89'51'36"W a distance of 207.71 feet;
Thence 545'00'00"W a distance of 19.51 feet;
Thence S00*00'00"E a distance of 376.19 feet;
Thence 26.55 feet along the arc of a curve to the left,said curve having a radius of 20.00 feet,a delta angle of
7 6'0 311",a chord bearing of S38'0 1'36"E,anti a chard distance of 24.64 feet;
Thence S76'03'11"E a distance of 99.69 feet;
Thence 5133 feet along the arc of a curve to the right, said curve having a radius of 302.00 feet,a delta angle
of 09'44'19",a chord bearing of S71'11'02"E, and a chord distance of 51-27 feet;
Thence 566'18'52"E a distance of 60.95 feet to said westerly Quitclaim Deed boundary;
Thence following said westerly Quitclaim Deed boundary,500'37'57"W a distance of 33.53 feel;
Thence leaving said westerly Quitclaim Deed boundary,N54'43'20"W a distance of 1.39 feet;
Thence 5.67 feet along the arc of a curve to the left,said curve having a radius of 280 feet,a delta angle of
11035'32",a chord bearing of N60'31'06"W,and a chord distance of 5.66 feet;
Thence N66'18'52"W a distance of 67,10 feet;
Thence 46.23 feet along the arc of a curve tD the left,said curve having a, radius of 272,00 feet,a delta angle of
09'44'19",a chord bearing of N71'11'02"W,and a chord distance of 46AS feet;
Thence N76'03'11"W a distance of 6103 feet to the northerly boundary of Bach Subdivision(Book 113 of
Plats,Pages 16609-16611);
Thence following said northerly subdivision boundary the following two(2)courses:
1. N66*19'52"W a distance of 64.97 feet;
2. 584'26'Dg"Wa distance of 17.43 feet;
Thence leaving said northerly subdivision boundary,524'26'09"W a distance of 56.19 feet;
CROSS ACCESS EASEMENT AGREEMENT—10
Thence WOO'40'24^Wadistance of0Bfeet;
Thence]3.Ol feet along the arc ofa curve ta the left,said curve having a radius ufI7.B]feet,m delta angle cf
75'22'47"^a chord bearing ofN38^3l'48"W,and a chord distance ofZL4Ofeet;
Thence N76"03'11"VVa distance of116.DAfeet;
Thence NS3^Q4'OQ''VVa distance ofS3J4feet;
Thence N8g^19'36"[a distance of2576feet;
Thence 19.78 feet along the arc of a curve to the right,said curve having a radius of 77.50 feet,a delta angle of
14^37'13",a chord bearing ufS83~2l'48"E,and a chord distance ofl9.72feet;
Thence S76^03'l1"Eo distance of15Z.19feet;
Thence 49.89 feet along the arc of a curve to the left,said curve having a radius of 27.50 feet,a delta angle of
IU3^S6'49",a chord bearing ofN51^S8'24"E^and a chord distance uf4S.32feet;
Thence WQU~0O'OD"Em distance of355.2Ifeet;
Thence 10.80 feet along the arc of a curve to the left,said curve having a radius of 27.50 feet,a delta angle of
22^2O'0U",u chord bearing nfNI1^15'N]"VV'and a chord distance oflO73feet;
Thence N22~JO'DO"VVa distance ofl2.4Ofeet;
Thence l2.76 feet along the arc of a curve to the right,said curve having a radius of 32.50 feet,a delta angle of
I2,30'0D"^a chord bearing ofN11~15'0O"VV,and a chord distance of12.68feet;
Thence NO0~0O'OO"Ea distance of1O.70feet;
Thence N45~OO'DO°VVa distance of8.G4 feet io the POINT QFBEGINNING.
Said parcel contains 0.799 acres(34,787 square feet),more or less,and is subject to all existing easements
and/or ri0his-of-wayof record orimplied.
All subdivisions,deeds,and other instruments of record referenced herein are recorded documents of the
county in which these described lands are situated.
CROSS AccEaa EASEMENT AGREEMENT—11
EXHIBIT D
Legal Description ufSH55 Access Area
A parcel of land for a Cross Access Easement situated ina portion of the Southwest I/4of the Northwest 1/4
of Section 4,Township 3 North,Range 1 East,Boise Meridian,City of Meridian,Ada County, Idaho and being
more particularly described asfollows:
Commencing at a found brass cap marking the Northwest corner of said Section 4,which bears NOO*36'00"E a
distance of 2,611.39 feet from a found brass cap marking the West 1/4 corner of said Section 4,thence
following the westerly line of said Northwest 1/4,SU0"36'O0''VVa distance ufLD14.94feet;
Thence leaving said westerly line,S89*24'00"E a distance of 70.00 feet to the easterly right-of-way line of N.
Eagle Road and being the POINT 0FBEGINNING.
Thence following said easterly right-of-way line, NOO'36'00"E a distance of 38.60 feet to a found 5/8-inch
rebar marking the Northwest corner of a parcel of land as described in Warranty Deed per Instrument No.
2021-155773;
Thence following the northerly boundary of said Warranty Deed,S53'04'00"E a distance of 59.26 feet;
Thence leaving said northerly Warranty Deed boundary,N76'03'11"W a distance of 4.99 feet;
Thence 12.II feet along the arc ofa curve to the left,said curve having a radius of47.5Ofeet,a delta angle uf
14~37'13'',a chord bearing ofN83~21'48'^VV and a chord distance uf1Z89feet;
Thence S89^19'36^VVa distance oy14.86feet;
Thence 17.23 feet along the arc of a curve to the left,said curve having a radius of 27.50 feet,a delta angle of
35"54'31'''a chord bearingofS7I~22'Z5''VV and a chord distance of16.9S feet to the POINT OFBEGINNING.
Said parcel contains 773 square feet,more or less,and is subject to all existing easements and/or rights-of-way
of record orimplied.
CROSS AccEaa EASEMENT AGREEMENT—12
EXHIBIT E*
Grading Plans
[see following one (1) pages]
* The Parties acknowledge and agree that they have both received and reviewed complete sets of the
Grading Plans in a legible electronic format and have reviewed and approved the same. If necessary,the
Parties hereby agree reprinted or electronic versions of Exhibit E may be introduced as extrinsic evidence
in any action or proceeding of any kind.
CROSS ACCESS EASEMENT AGREEMENT-13
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CROSS ACCESS EASEMENT AGREEMENT—14
EXHIBIT F*
SH 55 Access Plans
[see following three(3) pages]
* The Parties acknowledge and agree that they have both received and reviewed complete sets of the SH
55 Access Plans in a legible electronic format and have reviewed and approved the same. If necessary,the
Parties hereby agree reprinted or electronic versions of Exhibit F may be introduced as extrinsic evidence
in any action or proceeding of any kind.
CROSS ACCESS EASEMENT AGREEMENT-15
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CROSS ACCESS EASEMENT AGREEMENT—17
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CROSS ACCESS EASEMENT AGREEMENT-18
EXHIBIT G**
Site Plan
**This Exhibit G to is intended by the Parties to be in color and the original and all copies shall be in
color. If necessary,the Parties hereby agree,that a color version of this Exhibit G may be introduced as
extrinsic evidence in any action or proceeding of any kind.
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CROSS ACCESS EASEMENT AGREEMENT—19