Loading...
HomeMy WebLinkAboutCC - Cross Access Easement ADA COUNTY RECORDER Trent Tripple 2024-029948 BOISE IDAHO Pgs=23 BONNIE OBERBILLIG 06/04/2024 01:40 PM GIVENS PURSLEY LLP $76.00 When recorded return to: GFi-Meridian investments,LLC Attn:Trever Gasser 74 E 500 5,Suite 500 Bountiful,Utah 84010 Cross-Access Easement This Cross-Access Easement("Easement") is made as of the day of May, 2024 ("Agreement Date") by Bach Investments, LLC, a Utah limited liability company; Meridian Self Storage, LLC, an Idaho limited liability company;The Regency at River Valley, LLC, a Utah limited liability company;The Regency at River Valley Phase 2, LLC, a Utah limited liability company (Bach Investments, LLC, Meridian Self Storage, LLC,The Regency at River Valley, LLC, and the Regency at River Valley Phase 2; LLC are collectively referred to as "Regency"); and GFI— Meridian Investments, LLC, a Utah limited liability company("GFI"). Regency and GFI are each a "Party" and are collectively the "Parties." BACKGROUND A. Regency is the owner of approximately 13.996 acres of real property located in Meridian, Idaho, and more particularly described on Exhibit A attached hereto ("Regency Property"). B. GFI is the owner of approximately 5.2 acres of real property located in Meridian, Idaho, and more particularly described on Exhibit B attached hereto ("GFI Property"). C. The Parties now intend to create: (i) specific access easements for the benefit of the Regency Property over a portion of the GFI Property("GFI Access Easement Area") all as more particularly described and depicted on Exhibit C attached hereto, on the terms and conditions set forth in this Easement; (ii) specific access easements for the benefit of the GFl Property over a portion of the Regency Property("Regency Access Easement Area") all as more particularly described and depicted on Exhibit D attached hereto, on the terms and conditions set forth in this Easement; and (iii)specific access easements for the benefit of the GFI Property over a portion of the Regency Property(the "Drive Aisle Easement Area")all as more particularly described and depicted on Exhibit E attached hereto, on the terms and conditions set forth in this Easement AGREEMENT 1. Access Easements. 1.1 Regency, and each of them, grants to GFI for the benefit of the GFI Property and for the use of GFI and its tenants, occupants, officers, employees, customers, guests, invitees, contractors, agents and licensees and its tenants' or occupants' officers, employees, customers, guests, invitees, contractors, agents and licensees (all of such persons or entities are referred to 4884-7255-0537,1 as "GFI Permittees"), a perpetual non-exclusive right to use the Regency Access Easement Area for vehicular and pedestrian ingress and egress free of charge between the GFI Property and East River Valley Street, as generally depicted on Exhibit D.The easement granted hereunder is expressly conditioned upon the following: (i)the Regency Access Easement Area may only be used for the benefit of the GFI Property as a secondary access point only, (ii) vehicular access is limited to passenger vehicles only (e.g., cars, light trucks, SUVs), but specifically excludes construction equipment, commercial vehicles, semi-trucks, recreational vehicles, side-by-sides, and similar vehicles, and (iii) GFI must maintain commercial general liability insurance ( occurrence coverage) that includes the Regency Access Easement Area in a sum of not less than $1,000,000 per occurrence, $2,000,000 general aggregate (subject to increase to maintain commercially reasonable insurance coverage from time to time), with Regency listed as additional insured on any such insurance policy, and providing contractual liability coverage (upon request from Regency, GFI shall provide a certificate of insurance reasonably evidencing compliance with the requirements of these insurance requirements to Regency). 1.2 GFI grants to Regency, and each of them,for the benefit of the Regency Property and for the use of Regency and its tenants, occupants, officers, employees, customers, guests, invitees, contractors, agents and licensees and its tenants' or occupants' officers, employees, customers, guests, invitees, contractors, agents and licensees (all of such persons or entities are referred to as "Regency Permittees"), a perpetual non-exclusive right to use the GFI Access Easement Area,for vehicular and pedestrian ingress and egress free of charge between the Regency Property and Eagle Road, as generally depicted on Exhibit C. The easement granted hereunder is expressly conditioned upon the following: (i) the GFI Access Easement Area may only be used for the benefit of the Regency Property as a secondary access point only, (ii) vehicular access is limited to passenger vehicles only (e.g., cars, light trucks, SUVs), but specifically excludes construction equipment, commercial vehicles, semi-trucks, recreational vehicles, side-by-sides, and similar vehicles, and (iii) Regency must maintain commercial general liability insurance (occurrence coverage)that includes the GFI Access Easement Area in a sum of not less than $1,000,000 per occurrence, $2,000,000 general aggregate (subject to increase to maintain commercially reasonable insurance coverage from time to time), with GFI listed as additional insured on any such insurance policy, and providing contractual liability coverage (upon request from GFI, Regency shall provide a certificate of insurance reasonably evidencing compliance with the requirements of these insurance requirements to GFI). 1.3 Regency shall be permitted to alter, relocate and modify the Regency Access Easement Area in its sole and absolute discretion; provided, however,that vehicular and pedestrian access shall be promptly restored as contemplated hereunder in a commercially reasonable and timely manner and the relocated easement enters the GFI Property at the same location to ensure connectivity. GFI shall be permitted to alter, relocate and modify the GFI Access Easement Area in its sole and absolute discretion; provided, however,that vehicular and pedestrian access shall be restored as contemplated hereunder in a commercially reasonable and timely manner and the relocated easement enters the Regency Property at the same location to ensure connectivity. Page 2 - Cross-Access Easement MILLER NASH LLP ATTORNEYS AT LAW 4884-7255-0537.1 TELEPHONE:503.224.5858 US BANCORP TOWER 111 SW FIFTH AVE,STE 3400 PORTLAND,OREGON 97204 1.4 Regency, and each of them, hereby grants to GFI for the benefit of the GFI Property and for the use of GFI and the GFI Permittees, a perpetual non-exclusive right to use the Drive Aisle Easement Area for vehicular and pedestrian ingress and egress, together with the right to run underground utilities, free of charge, as generally depicted on Exhibit E.The Drive Aisle Easement Area provides GFI and the GFI Property with adequate space to construct a drive aisle network on the GFI Property. Along with the easement granted in this Section 1.4, Regency hereby grants to GFI for the benefit of the GFI Property all reasonably necessary temporary easements to construct and maintain access and utility improvements within the Drive Aisle Easement Area. 2. Construction and Maintenance. 2.1 Regency, at its sole cost and expense, shall continuously maintain the Regency Access Easement Area in good condition and repair with customary access improvements that provide motor vehicle and pedestrian access. GFI will be responsible at its cost to construct the access improvements on the GFI Property so as to create a smooth transition between the Regency Access Easement Area and the GFI Property. Regency shall reasonably cooperate with GFI to provide plans, specs, as-builts, or other documentation to facilitate a smooth transition between the Regency Access Easement Area and the GFI Property. Notwithstanding anything herein to the contrary, no representations or covenants are made by Regency regarding the condition or maintenance of the Regency Access Easement Area during the term of this Easement, with the easement granted herein expressly limited to the "as is" condition of such easement area. In no event will Regency be liable to GFI or the GFI Permittees for any condition that may exist on the Regency Property, except for a nonvisible or hidden condition resulting from the gross negligence of Regency. 2.2 GFI, at its sole cost and expense, shall continuously maintain the GFI Access Easement Area and the Drive Aisle Easement Area in good condition and repair with customary access improvements that provide motor vehicle and pedestrian access. Regency will be responsible at its cost to construct the access improvements on the Regency Property so as to create a smooth transition between the GFI Access Easement Area and the Regency Property. GFI shall reasonably cooperate with Regency to provide plans, specs, as-builts, or other documentation to facilitate a smooth transition between the GFI Access Easement Area and the Regency Property. Notwithstanding anything herein to the contrary, no representations or covenants are made by GFI regarding the condition or maintenance of the GFI Access Easement Area or the Drive Aisle Easement Area during the term of this Easement, with the easement granted herein expressly limited to the "as is" condition of such easement area. In no event will GFI be liable to Regency or the Regency Permittees for any condition that may exist on the GFI Property, except for a nonvisible or hidden condition resulting from the gross negligence of GFI. 2.3 Notwithstanding any provision in this Easement to the contrary, Regency, and each of them, acknowledge that as of the Agreement Date,there are no road or access improvements within the GFI Access Easement Area or the Drive Aisle Easement Area. Page 3 - Cross-Access Easement MILLER NASH LLP ATTORNEYS AT LAW 4884-7255-0537.1 TELEPHONE:503 224.5858 US BANCORP TOWER 111 SW FIFTH AVE,STE 3400 PORTLAND,OREGON 97204 3. Covenants to Run with Land. It is intended that the easement, covenants, conditions, restrictions, rights and obligations set forth herein shall run with the land and create equitable servitudes in favor of the real property benefited thereby, shall bind every person having any fee, leasehold or other interest therein and shall inure to the benefit of the respective parties and their successors and assigns. 4. Indemnification, Releases. 4.1 By connecting to the Regency Access Easement Area, GFI agrees to (i) release Regency for all liability in connection with GFI's use or the GFI Permittees' use of the Regency Access Easement Area and the Drive Aisle Easement Area, and (ii) indemnify, defend, and hold Regency harmless for, from and against all claims, damages, liabilities, expenses (including, without limitation, attorneys' fees and reasonable investigative and discovery costs), liabilities and judgments on account of injury to persons, loss of life, or damage to property occurring as a result of the use of the Regency Access Easement Area or the Drive Aisle Easement Area by GFI or the GFI Permittees, unless caused by the gross negligence of Regency. 4.2 By connecting to the GFI Access Easement Area, Regency agrees to (i) release GFI for all liability in connection with Regency's use or the Regency Permittees' use of the GFI Access Easement Area, and (ii) indemnify, defend, and hold GFI harmless for, from and against all claims, damages, liabilities, expenses (including, without limitation, attorneys' fees and reasonable investigative and discovery costs), liabilities and judgments on account of injury to persons, loss of life, or damage to property occurring as a result of the use of the GFI Access Easement Area by Regency or the Regency Permittees, unless caused by the gross negligence of GFI. S. Payments. In consideration of the Easements and other rights granted by GFI to Regency in this Easement, Regency shall pay to GFI the amounts set forth in a separate Compensation Agreement attached hereto and incorporated herein as Exhibit F. The Parties hereby agree the Compensation Agreement shall be omitted and removed from the original of this Easement that is submitted for recordation. 6. Iniunctive Relief• Damages. 6.1 If GFI violates or threatens to violate any of the covenants, conditions, restrictions, or other provisions set forth in this Easement, Regency shall have, in addition to the right to collect damages,the right to enjoin such violation or threatened violation in a court of competent jurisdiction and/or the right to a decree of specific performance and/or to close the Regency Access Easement Area until such violation no longer exists. 6.2 If Regency violates or threatens to violate any of the covenants, conditions, restrictions, or other provisions set forth in this Easement, GFI shall have, in addition to the right to collect damages,the right to enjoin such violation or threatened violation in a court of competent jurisdiction and/or the right to a decree of specific performance and/or to close the GFI Access Easement Area until such violation no longer exists. Page 4 - Cross-Access Easement MILLER NASH LLP ATTORNEYS AT LAW 4884-7255-0537.1 TELEPHONE:503.224 5858 US BANCORP TOWER 111 SW FIFTH AVE,STE 3400 PORTLAND,OREGON 97204 7. No Implied Easements. No easements, except as expressly set forth in Section 1, shall be implied by this Easement. Without limiting the foregoing, no easements for parking, signage, drainage or utilities are granted or implied hereunder. 8. private Use: No Public Dedication. The provisions hereof are not intended and do not constitute a dedication for public use and the rights and easements herein created are private and for the benefit only of the identified Regency, the Regency Permittees, GFI, and the GFI Permittees. 9. Easement Obstructions. 9.1 No fence or other barrier shall be erected or permitted within or across the Regency Access Easement Area which would prevent or obstruct the passage of pedestrian or vehicular travel; provided, however,that the foregoing shall not prohibit (i)the temporary erection of barricades which are reasonably necessary for security and/or safety purposes in connection with the construction, reconstruction, repair and maintenance of improvements, including the Regency Access Easement Area, on the Regency Property, it being agreed by the Parties however,that all such work shall be conducted in the most expeditious manner reasonably possible to minimize the interference with the use of the Regency Access Easement Area by GFI, and such work shall be diligently prosecuted to completion, or(ii)the construction of limited curbing or other forms of traffic controls along the outer perimeter of the Regency Access Easement Area. Regency reserves the right to close off the Regency Access Easement Area for such reasonable period of time as may be legally necessary to prevent the acquisition of prescriptive rights by anyone; provided, however, that prior to taking such action, Regency shall give written notice to GFI of its intention to do so, and to the extent reasonably possible, the parties shall coordinate such closing so that the interruption in the use and enjoyment of the Regency Access Easement Area is kept to a minimum. 9.2 No fence or other barrier shall be erected or permitted within or across the GFI Access Easement Area which would prevent or obstruct the passage of pedestrian or vehicular travel; provided, however,that the foregoing shall not prohibit (i) the temporary erection of barricades which are reasonably necessary for security and/or safety purposes in connection with the construction, reconstruction, repair and maintenance of improvements, including the GFI Access Easement Area, on the GFI Property, it being agreed by the Parties however,that all such work shall be conducted in the most expeditious manner reasonably possible to minimize the interference with the use of the GFI Access Easement Area by Regency, and such work shall be diligently prosecuted to completion, or (ii)the construction of limited curbing or other forms of traffic controls along the outer perimeter of the GFI Access Easement Area. GFI reserves the right to close off the GFI Access Easement Area for such reasonable period of time as may be legally necessary to prevent the acquisition of prescriptive rights by anyone; provided, however,that prior to taking such action, GFI shall give written notice to Regency of its intention to do so, and to the extent reasonably possible,the parties shall coordinate such Page 5 - Cross-Access Easement MILLER NASH LLP ATTORNEYS AT LAW 4884-7255-0537.1 TELEPHONE:503,224.5858 US BANCORP TOWER 111 SW FIFTH AVE,STE 3400 PORTLAND,OREGON 97204 closing so that the interruption in the use and enjoyment of the GFI Access Easement Area is kept to a minimum. 10. Latices. All notices, demands and requests required or desired to be given under this Easement must be in writing and shall be deemed to have been given as of the date such writing is (i) delivered to the party intended, (ii) delivered to the then current address of the party intended, or(iii) rejected at the then current address of the party intended, provided such writing was sent prepaid. The initial address of the signatories hereto is: Regency: Regency at River Valley Attn: BL&D 11650 South State Street, Draper, Utah 84020 GFI: GFI- Meridian investments, LLC Attn:Trever Gasser 74 E 500 S, Suite 500 Bountiful, Utah 84010 Upon at least ten (10) days' prior written notice, each Party shall have the right to change its address to any other address within the United States of America. 11. Termination of Covenant Liability. Whenever a transfer of ownership of a parcel of real property, or any portion thereof, herein burdened occurs, to the extent of the portion transferred,the liability hereunder of the transferor for breach of covenant occurring thereafter automatically shall terminate and the transferee shall become liable for the covenants and obligations herein provided from and after such transfer of ownership. 12. Governing Law,Jurisdiction, and Venue.This Easement shall be construed in accordance with the laws of the state of Idaho, without regard to its choice of law provisions.The parties agree that the courts of Idaho shall have exclusive jurisdiction, and agree that Ada County, Idaho is the proper and exclusive venue. 13. Attorne 's Fees and Costs. In the event any litigation is instituted with regard to the enforcement of the terms of this Easement, the prevailing party in such litigation or any appeal thereof shall be entitled to an award of reasonable costs and attorneys' fees. 14. Entire Agreement All exhibits to this Easement are part of this Easement.This Easement, together with the accompanying exhibits, is the entire agreement among the Parties and supersedes all prior memoranda, correspondence, conversations, and negotiations. 15. Severability. The invalidity of any portion of this Easement, as determined by a court of competent jurisdiction, shall not affect the validity of any portion of this Easement. Page 6 - Cross-Access Easement MILLER NASH LLP ATTORNEYS AT LAW 4884-7255-0537.1 TELEPHONE:503224 5858 US BANCORP TOWER 111 SW FIFTH AVE,STE 3400 PC RTLANO,OREGON 97204 16. Counterparts. The Easement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and same instrument. 17. Effective Date. This Easement shall be recorded in the real property records of Ada County at GFI's sole cost and expense, and upon such recordation this Easement shall become effective (the "Effective Date"). 18. Interpretive Provisions.The Background Section and other prefatory phrases and paragraphs set forth above are hereby incorporated in full, and made a part of, this Easement. Notwithstanding the fact that this Easement has been drafted or prepared by one of the Parties, each Party confirms that both it and its counsel, if desired by a Party, have reviewed, negotiated and adopted this Agreement as the joint agreement and understanding of the Parties. The language used in this Easement shall be deemed to be the language chosen by the Parties to express their mutual intent, and no rule of strict construction shall be applied against any party. 19. Amendment. No modification, waiver, release or amendment of any provision of this Easement shall be made except by a written agreement signed and acknowledged by Regency and GFI or their respective successors or assigns and recorded in the Office of the County Recorder of Ada County, Idaho. [end if text; signatures on following page] Page 7 - Cross-Access Easement MILLER NASH LLP ATTORNEYS AT LAW 4884-7255-0537.1 TELEPHONE:503,224 5858 US BANCORP TOWER 111 SW FIFTH AVE,STE 3400 PORTLAND,OREGON 97204 IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day and year first written above. REGENCY: Bach Investments, LLC, a Utah limited liability company By: Name a Rindlisbacher Title: Managing Member Meridian Self Storage, LLC, an Idaho limited liability company By; Name: Shan Rindlisbacher Title: Managing Member The Regency at River Valley, LLC, a Utah limited liability company By: Name: Shon Rindlisbacher Title: Managing Member The Regency at River Valley Phase 2, LLC, a Utah limited liability company K By: Name: Shon Rindlisbacher Title: Mana in Member Page 8 - Cross-Access Easement MILLER NASH LLP ATTORNEYS AT LAW 4884-7255-0537.1 TELEPHONE:503.224.5858 US BANCORP TOWER 111 SW FIFTH AVE,STE 3400 PORTLAND,OREGON 97204 GFI: GFI—Meridian Investments, LLC, a Utah limited liability company >E 1�. By: Name: EVo r �,�F7 -_ Title: MAOA�,n Page 9- Cross-Access Easement MILLER NASH LLP ATTORNEYS AT IAW 4884-7255-0537.1 TELEPHONE;503,224.5e58 US BANCORP TOWER 111 SW FIFTH AVE,STE 3400 PORTIANO,OREWN 97204 STATE OF } ) ss. County of SA-Lr t_A V-C ) On this 2 b day of NP,-i , 2024, before me, a Notary Public in and for said State, personally appeared S Ixaa , known or identified to me to be a member of Bach Investments, LLC, a Utah limited liability company, the member or one of the members who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me that _he executed the same in said limited liability company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC Notary Public for 4 NIC ABBOTT 731978 Residing at S°s—«t C—M MY COMMISSION EXPIRES M Commission expires �1 U L!N 2D2-9 JULY 05,2027 y p STATE OF UTAH STATE OF VT.4t-� 1 ) ss. County of SA-ur \-Akc-- ) On this day of t,_AL 2024, before me, a Notary Public in and for said State, personally appeared 9--tr-OwIIA known or identified to me to be a member of Meridian Self Storage,LLC,an Idaho limited liability company,the member or one of the members who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me that _he executed the same in said limited liability company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC NIC ABBOTT Notary Public for l 7V7V H 731978 Residing at S:ALA—�-A-4_ Gt MY COMMISSION EXPIRES JULY05,2027 My Commission expires tIU i_i Q 0 STATE OF UTAH Page 10 Cross-Access Easement MILLER NASH LLP ATTORNEYS AT LAW 4884-7255-0537.1 TELEPHONE:503 224 5858 US BANCORP TOWER 111 SW FIFTH AVE,STE 3400 PORTLAND,OREGON 97204 STATE OF V } ss. County of On this 6 day of Y , 2024, before me, a Notary Public in and for said State, personally appeared SkfaN R «voUs —a'ef _ , known or identified to me to be a member of The Regency at River Valley, LLC, a Utah limited liability company, the member or one of the members who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me that _he executed the same in said limited liability company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC NICABBOTT Notary Public for UT A [4 y, Residin at S �A-1 C MY COMMISSION EXPIRES g JULY05,202T My Commission expires, )l) 4 4S 2-M STATE OF UTAH STATE OF Q1-A-l ) ) ss. County of 9A,--Li- ) On this lb day of �--�A� 2024, before me, a Notary Public in and for said State, personally appeared known or identified to me to be a member of The Regency at River Valley Phase 2, LLC, a Utah limited liability company, the member or one of the members who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me that _he executed the same in said limited liability company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ro NOTARY PUBLIC Notary Public for ) NIC ABBOTT y 731978 Residing at S- t� L r.G c lTY MY COMMISSION EXPIRES Q SoL�1 JULY 05,2027 My Commission expires lU lw STATE OF UTAH Page 11 Cross-Access Easement MILLER NASH LLP ATTORNEYS AT LAW 4884-7255-0537.1 TELEPHONE:503.224.5858 US BANCORP TOWER 111 SW FIFTH AVE,STE 34D0 PORTLAND,OREGON 97204 STATE OF USA ) ss. County of \j 1 S On this �"day of 2024, before me, a Notary Public in and for said State, personally appeared r L"za- , known or identified to me to be a member of GFI-Meridian Investments, LLC, a Utah limited liability-company, the member or one of the members who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me that _he executed the same in said limited liability company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Adl_� I (� G L Notary Public for - Residing at bow My Commission expires L)� Page 12 Cross-Access Easement MILLER NASH LLP ATTORNEYS AT LAW 4884-7255-0537.1 TELEPHONE.503,224.505a US BANCORP TOWER ill SW HFTH ANE,STE 34M PORTLAND,OREGON 97204 Exhibit A Legal Description of RegencV Property LEGAL DESCRIPTION BACH HOMES REGENCY CROSS MERIDIAN, IDAHO 3400 E RIVER VALLEY ST. MERIDIAN, ID 83646 04/30/24 24-5017 TDS LEGAL DESCRIPTION OF BACH SUBDIVISION BOOK 113, PG 16608-16611, RECORDS OFADA COUNTY, IDAHO A PARCEL OF LAND BEING PARCEL AAS SHOWN ON RECORD OF SURVEY NO. 9983 RECORDED AS INSTRUMENT NO. 2014-102475, OFFICIAL RECORDS OF ADA COUNTY, IDAHO AND SITUATED IN SW 1/4 OF THE NW 1/4 OF SECTION 4, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE, CITY OF MERIDIAN,ADA COUNTY, IDAHO,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND BRASS CAP MONUMENT MARKING THE NORTHWEST CORNER OF SAID SECTION 4, THENCE FOLLOWING THE WESTERLY LINE OF SAID SECTION 4, S00°36'00"W A DISTANCE OF 2,611.39 FEET TO A BRASS CAP MONUMENT MARKING THE WEST 1/4 CORNER OF SAID SECTION 4,THENCE LEAVING SAID WESTERLY LINE AND FOLLOWING THE SOUTHERLY LINE OF SAID NORTHWEST 1/4, S89°45'23"E A DISTANCE OF 350.01 FEET TO A FOUND ALUMINUM CAP MONUMENT MARKING THE SOUTHEAST CORNER OF RIVERVALLEY RETAIL SUBDIVISION (BOOK 106, PAGES 14,591 —14,593, RECORDS OF ADA COUNTY, IDAHO)AND BEING THE POINT OF BEGINNING. THENCE LEAVING SAID SOUTHERLY LINE AND FOLLOWING THE EASTERLY BOUNDARY LINE OF SAID RIVERVALLEY RETAIL SUBDIVISION, N00°36'08"E A DISTANCE OF 180.00 FEET TO A FOUND 5/8-INCH REBAR MARKING THE NORTHEAST CORNER OF SAID RIVERVALLEY RETAIL SUBDIVISION; THENCE LEAVING SAID EASTERLY BOUNDARY LINE OF FOLLOWING THE NORTHERLY BOUNDARY LINE OF SAID RIVERVALLEY RETAIL SUBDIVISION, N89°45'23"W A DISTANCE OF 49.86 FEET TO A FOUND 5/8-INCH REBAR; THENCE LEAVING SAID NORTHERLY SUBDIVISION BOUNDARY LINE, N00°36'08"E A DISTANCE OF 145.00 FEET TO A FOUND 5/8-INCH REBAR; THENCE N00°33'54"E A DISTANCE OF 217.06 FEET TO A FOUND ALUMINUM CAP MONUMENT; THENCE N00°36'08"E A DISTANCE OF 218.08 FEET TO A FOUND 5/8-INCH REBAR; THENCE N84°26'08"E A DISTANCE OF 17.43 FEET TO A FOUND ALUMINUM CAP MONUMENT; THENCE S66°18'52"E A DISTANCE OF 264.00 FEET TO A FOUND ALUMINUM CAP MONUMENT; THENCE S34°48'52"E A DISTANCE OF 57.10 FEET TO A FOUND 5/8-INCH REBAR; THENCE S89°22'08"E A DISTANCE OF 680.75 FEET TO A SET 5/8-INCH REBAR ON THE WESTERLY RIGHT-OF-WAY LINE OF N. RECORDS WAY; THENCE FOLLOWING SAID WESTERLY RIGHT-OF-WAY LINE THE FOLLOWING THREE COURSES: 1. S00°40'39"W A DISTANCE OF 477.34 FEET TO A SET BRASS PLUG; 2. N72°58'52"W A DISTANCE OF 9.38 FEET TO A FOUND 5/8 INCH REBAR; 3. S00°40'39"W A DISTANCE OF 111.05 FEET TO A SET BRASS PLUG; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE AND FOLLOWING THE NORTHERLY RIGHT-OF-WAY LINE OF E. RIVER VALLEY STREET THE FOLLOWING TWO (2)COURSES: Page 13 Cross-Access Easement MILLER NASH LLID ATTORNEYS AT LAW 4884-7255-0537.1 TELEPHONE:503.224.5858 US BANCORP TOWER 111 SW FIFTH AVE,STE 3400 PORTLAND,OREGON 97204 1. 31.26 FEET ALONG THE ARC OF A CIRCULAR CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 20.00 FEET,A DELTAANGLE OF 89-33-58",A CHORD BEARING OF S45°27'38"W AND A CHORD DISTANCE OF 28.18 FEET TO A SET BRASS PLUG; 2. N89°45'23"W A DISTANCE OF 894.40 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 13.996 ACRES, MORE OR LESS Page 14 Cross-Access Easement MILLER NASH LLP ATTORNEYS AT LAW 4884-7255-0537.1 TELEPHONE:503 2245858 US BANCORP TOWER 111 SW FIFTH AVE,STE 3400 PORTLAND,OREGON 97204 Exhibit B Leal Description of GFI prapertV 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,Ada County,Idaho,and being more particularly described as follows: Commencing at a found brass cap marking the Northwest comer of said Section 4,which bears N00'36'OWE a distance of 2,611.39 feetfrom a found brass cap marking the West 1/4 corner of said Section 4; Thence following the westerly line of said Northwest 1/4,SV36VVW a distance of 1385.13 feet; Thence leaving said westerly line,SSTSV36"E a distance of 70.01 feet to a found 5/8-inch rebar marking the southwest corner of Southeast Corner Marketplace Subdivision No.i and being the POINT OF BEGINNING. Thence following the southerly boundary line of said Southeast Comer Marketplace Subdivision No.1, S89.51'36"E a distance of 479.48 feet to a set 5/84nch rebar, Thence leaving said southerly subdivision boundary line,500'37'57"W a distance of 565.59 feet to a set 5/8-inch rebar on the northerly subdivision boundary line of Bach Subdivision; Thence following the northerly subdivision boundary line the following two(2)courses: 1. N66'18'52"W a distance of 251.97 feet to a found aluminum cap; 2. 584.26'08"W a distance of 17.13 feet to a found 5/8-inch rebar marking the northwest corner of said Bach Subdivision; Thence leaving said northerly subdivision boundary line,S84'26'08"W a distance of 114.63 feet to a found 5/8-inch rebar, Thence N53'04'O W a distance of 244.06 feet to a found 5/94nch rebar on the easterly right-of-way line of N.Eagle Road; Thence following said easterly right-of-way line,N00'3WOWE a distance of.391.77 feet to the POINT OF BEGINNING. Said parcel contains 231,902 Sq.Ft.(5.324 acres),more or less,and is subjectto all existing easements and/or rights-of-way of record. All subdivisions,deeds,record of surreys,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated In. 1,L LAHQ �LCEINS�a a 62 +!' F � 9233 Wag Stab Street a Ilobe,Ids 4 • 205.639.9939 a kmenob"011 Page 15 Cross-Access Easement MILLER NASH LLP ATTORNEYS AT LAW 4884-7255-0537.1 TELEPHONE:503.224,5958 US BANCORP TOWER 111 SW FIFTH AVE,STE 34OD PC RTLAND,OREGON 97204 Exhibit C GFI Access 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,Township 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 NOD°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,SOO'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 comer of Southeast Comer Marketplace Subdivision No.1(Book 101 of Plats,Pages 13253-13255); Thence following the southerly boundary of said Southeast Corner Marketplace Subdivision No.1,S89"51'36"E a distance of 212.04 feet to the POINT OF BEGINNING. Thence following said southerly subdivision boundary,S89"51'36"E a distance of43.64feet, Thence leaving said southerly subdivision boundary,S44°51'36"E a distance of 18.90 feet; Thence S89'51'36"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 S45'00'00"W a distance of 19.51 feet; Thence S00°00'00"E a distance of 376.18 feet; Thence 2655 feet along the arc of a curve to the left,said curve having a radius of 20.00 feet,a delta angle of 76"03'11",a chord bearing of SMOV36"E,and a chord distance of 24.64 feet; Thence S76°03'11"E a distance of 99.69 feet, Thence 51.33 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 ofS71"11'02"E,and a chord distance of 51.27 feet; Thence S66°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 feet; Thence leaving said westerly Quitclaim Deed boundary,N54°43'20"W a distance of 1.38 feet; Thence 5.67 feet along the arc of a curve to the left,said curve having a radius of 28.00 feet,a delta angle of 11"35'32",a chord bearing of N60'31'06"W,and a chord distance of5.66 feet, Thence N66°18'52"W a distance of 67.10 feet; Thence 46.23 feet along the arc of a curve to 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 of46.18 feet; Thence N76'03'11"W a distance of 62.03 feet to the northerly boundary of Bach Subdivision(Book 113 of Plats,Pages 16608-16611); Thence following said northerly subdivision boundary the following two(2)courses: 1. N66"18'52"W a distance of 64.97 feet; 2. S84"26'08"W a distance of 17.43 feet; Thence leaving said northerly subdivision boundary,S84"26'08"W a distance of 56.19 feet; Page 16 Cross-Access Easement MILLER NASH LLP ATTORNEYS AT LAW 4884-7255-0537.1 TELEPHONE:503 224.5858 US BANCORP TOWER 111 SW FIFTH AVE,STE 3400 PORTLAND,OREGON 97204 Thence N00'40'24"W a distance of 0.53 feet; Thence 23.02 feet along the arc of a curve to the left,said curve having a radius of 17.50 feet,a delta angle of 75'22'47",a chord bearing of N38°21'48"W,and a chord distance of 21.40 feet; Thence N76°03'11"W a distance of 116.09 feet, Thence N53004'00"W a distance of53.74feet; Thence N89°19'36"E a distance of 25.76 feet; Thence 19.78 feet alongthe 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 of 583`21'48"E,and a chord distance of 19.72 feet; Thence S76°03'11"E a distance of 152.19 feet; 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 103°56'49",a chord bearing of N51`58'24"E,and a chord distance of 43.32 feet; Thence N00"00'00"E a distance of 355.21 feet; 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°30'00",a chord bearing of N11°15'00"W,and a chord distance of 10.73 feet; Thence N22"30'00"W a distance of 12.48 feet, Thence 12.76 feet along the arc of a curve to the right,said curve having a radius of 32.50 feet,a delta angle of 22°30'00",a chord bearing of N11°15'00"W,and a chord distance of 12.68 feet, Thence N00°00'00"E a distance of 10.70 feet; Thence N45"00'00"W a distance of 8.64 feet to the POINT OF BEGINNING. Said parcel contains 0.799 acres(34,787 square feet),more or less,and Is subject to all existing easements and/or rights-of-way of record or implied. All subdivisions,deeds,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated. Attached hereto is Exhibit B and by this reference is made a part hereof. t�\;,NL LAN *� 0- ©F �p"rra HYN51012/1025 Page 17 Cross-Access Easement MILLER NASH LLP ATTORNEYS AT LAW 4884-7255-0537.1 TELEPHONE:503.224 5858 US BANCORP TOWER 111 SW FIFTH AVE,STE 3400 PORTLAND,OREGON 97204 32 33 E. UStick Rd. ® 0 So 160 240 5 4P COMMENCEMENT OINT OF FOUND BRASS CAP Plan Scale:1"=80' NORTHWEST CORNER SECTION 4 kN 1384,57' o S89.24'00"E S89'51'36"E S89'51.36"E 43.64' Sclutheast Corner Marketplace Subdivislon No ' 70.00' (TIE) 212.04' POINT OF BEGINNING -r i S89_51_- 210.32' L1 N45`00'00"W 8,64' NOO'00'00"E 10.70' t544"51'36"E 18.90' S00 37350,0'0��� N22'30'00"W 12.48 ,0, ��"'� N89'S1'- 20--- S45'00'00"W 19.51' 0) UD I f w � I { Z f 30'_ m i 00 n1 00 CD Oro DO CURVE TABLE Ti o i5 CURVE RADIUS LENGTH DELTA CHORD BRG CHORD N I I LINE TABLE N mw Ct 20.00' 26.55' 76.03'11' S38'01'36"E 24.64' L M� I M LINE BEARING DISTANCE Z o C2 302.00' 51.33' 944'19' S71'11'02"E 51.27' w I Eu +� En co o Li NO'37'57"E 13.36 �n C3 28.00' 5.67' 11'35'32' N60'31'06'W 5.66' oI Z i46.10 l L2 S84.26'08"W 58.44 C4 272. 00' 46.23' 9*44'19" N71'11'021N 6' $ c Cu I C5 17.50' 23.02' 75'22'47' N31r21'48'W 21.40' I N L3 S53.04'00"E 84,80 N C6 77.50' 19.78' 14'37'13' S83.21'48"E 19.72' I C7 27.50' 49.89' 103'56'49" N51'58'24"E 43.32' ra C8 27.50' 10.80' 22'30'00" N1 Ill 5'00'W 10,73' I 7 C9 32.50, 1276' 22'30'00' N11'15'DO"W 12.65' w N89'19'36'E 25.76 an v e C S76.0,3, 11 E 1�2 19, I rr 74) �`1&0 1Cl ® N53'04'00"W 56.19 7`0�1E 9969, S66,8'S2"E 3 Y 53.74' SS4 26'08'°W N6&.r ' ' 1 �C6D.95' 5 4 East River N00'40'24"W 0,53 58426'08"W S Y�v76- 1 `� t Valley St. 17.43 Bach Unplatted I Subdiv slon Ion C3 N54 43'20"W 1-36' E N G I N E E R I N G Page 18 Cross-Access Easement MILLER NASH LLP ATTORNEYS AT LAW 4884-7255-0537.1 TELEPHONE:503,224.SB59 US BANCORP TOWER 111 SW FIFTH AVE,STE 3400 PORTLAND,OREGON 97204 Exhibit D Regency Access Easement Area ACCESS EASEMENT EN LOT 1, BLOCK 1, BACH SUBMISION PARCEL 0 R0748MI00 I of land Im a Cross Access Easement sitmted Southwest 114 of ft Norlfwrest 114 of Section ,township t, Boise, tested in City of Mendian, Ada County. Idaho, being more partcutarly desc6bed as Commencing t a found brass cap monument r Northwest r of bears 11 39 fM Iforn a lound brasMarlting 0*West 1/4 conw of said Section 4; thence folljowing the westerly Iine of sold Section 1.937.69 is thence loavrV said westerly line S8W24'00'E 334,27 1"to the POINT OF BEGINNING; Thence N39655'42"E 54.15 feet: nce '1 ® feet; ® 1 feet t on the northerly boundary of Bach SubdMsim Book 113, Page 1 1 11; ftnw a"said boundary fin *I thence leaving sold txxieIo"ry W-w S23*41XVW 25.79 1001, tnencet; feet; 1 r 5"11011 E 57,02 te;t to a point on the sou lww of Access Easerrwnt Instrument 1 - 1 T thence along iiald eta t; Vwmce leaving said easement ° I'll 1 1 feet Vmnce S35"04WE 7M feet thence 1® 143,62 feet. n " 1 .t' thencefeet: thence e c feet; rw " 9'47V 166.10 thence N35'04WW 20035 feet: t0 bwwA �f ® 121.53 feet then . § thence S29"W 1 rE 31.38feet, n 1 1 hwL- thencefoot-, Page 19 Cross-Access Easement MILLER NASH LLP ATTORNEYS AT LAW 4884-7255-0537.1 TELEPHONE:503 224.5858 US BANCORP TOWER 111 SW FIFTH AVE,STE 3400 PO RTLAND,OREGON 97204 NW Corner Section 4, T3N, R1 E BM. 32 33 CP&F No. 113077810 5� 4 S00'36'00"W 1937.69'(TIE) S89'24'00"E 334.27'(TIE) 1 GFI Meridian Investments ROS.12423 6;F1 MERIDIAN INVESTMENTS -S I CROSS AC('FSS EASEtvTFNT L6 GFI "L7 Rock Village Apartments R 2 L24 OS 12423 ....................... of Bach Subdivision 0 'p\ Lot 2,Block 1 LU LL 0 z Book 13,Pg,16608 '01N Ada County Recorder CROS&ACCESS FASEMCNT >-( PER TNST.Xw-2017-01 9 74 2 C14 (D VS. CL C P CID co o CD CD W WW I I Bach Subdivision z Lot 1, Block I < Book 13, Pg. 16608 SOIN x W Ada County Recorder U- 0 ........... U) U) < C3 L17 S89'49`33`r-- 23j-_52�/" — — S8949'33"E 503.-98' — ————— ——— N89'49r33"W M 0 N89049'33"W 317777'--.�.j r,,. L34 -... ................ I_.-—j .................... L16 L29 E. RIVER VALLEY ST L LA/0 \GF-Ns N L- 069 0 MOTES � 0 SEE PAGE TWO TO LINES TABLE &CURVE TABLE 4 GRAPHIC SCALE f ddd .4West 1/4 Corner Section 4, T3N, R1 E BM. MEREMMEi!!5wMM0w1-" -, 5 CP&F No. 113077809 (IN FEET) I inch- 135ft T119 ACCESS EASEMENT % V U Sn ENGINEER t RVEYING,LLC BACH SUBDIVISION LOT 1, BLOCK 1 NGTN ING*—,AND SU 1001 NORTH ROSARIO STREET,SUITE 100 1 OF2 MERIDIAN,IDAHO 83642 PH:(208)974-0075 LINE TABLES Line Table Line Table Line Table LINE DIRECTION LENGTH LINE DIRECTION LENGTH LINE DIRECTION LENGTH L1 N29°08'17"W 31.24 Lll S34°48'49"E 25.00 L21 N00°14'37"E 27.02 L2 N39°55'42"E 54.15 L12 S55°11'11"W 56.91 L22 N54°23'00"W 68.84 L3 S65°33'39"E 85.93 L13 S35°04'06"E 7.90 L23 N65°33'39"W 121.53 L4 N23°41'08"E 25.46 L14 S71°19'47"E 143.82 L24 S39°55'42"W 26.02 L5 S66°18'52"E 25.00 L15 S85°25'27"E 167.63 L25 S00°14'37"W 27.09 L6 S23°41'08"W 25.79 L16 N89°45'23"W 46.00 L26 S29°08'17"E 31.38 L7 S65°33'39"E 32.06 L17 S00°10'27W 38.09 L27 S00°27'18"W 106.51 L8 S54°23'00"E 75.54 L18 N00°27'18"E 125.03 L28 N00°14'37"E 47.11 L9 S35°04'06"E 163.52 L19 N85°25'27"W 160.47 L29 N89°45'23"W 29.00 L10 N55'11'l1"E 57.02 L20 N71°19'47"W 155.10 L30 S00°14'37"W 47.15 Line Table ® U LAf LINE DIRECTION LENGTH \ \GENs L31 N00°10'27 E 166.16 L32 N71°39'17"E 26.37 L_ 089 L33 S00°10'27"W 1 199.53 ,®R L34 N89°49'33"W j 182.70 L CJO A, j . W Curve Table B CURVE RADIUS DELTA LENGTH CHORD DIRECTION CHORD LENGTH 'c C1 40.00 35°48'44" 25.00 N36°50'53"W 24.60 C2 40.00 35°45'22" 24.96 S37°10'06"W 24.56 C3 40.00 145°22'59 101.50 S89°49'33"E 76.38 r r a a Q 15 n1�+702A � &ns c U © ACCESS EASEMENT N s r-NG1NFERING AND SURVEYfNG,LLC BACH SUBDIVISION LOT 1, BLOCK 1 1001 NORTH ROSARIO STREET,SUITE 100 2 OF 2 MERIDIAN,IDAHO 83642 PH:(208)974-0075 e; xv°wtis focus cs;eam Exhibit E Drive Aisle Easement Area A parcel of land for a Cross Access Easement over a portion of Lot 1,Block 1 of Bach Subdivision(Book 113 of Plats,Pages 16,608-16,611),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,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,S00°36'00"W a distance of 1,854.70 feet; Thence leaving said westerly line,S89`24'0011E a distance of 300.02 feet to the boundary of said Bach Subdivision and being the POINT OF BEGINNING. Thence following said subdivision boundary the following three(3)courses: 1. N00036'02"E a distance of 5.31 feet to a found 5/84nch rebar; 2. N84°26'08"E a distance of 17.43 feet to a found aluminum cap; 3. S66°18'52"E a distance of 64.97 feet; Thence leaving said subdivision boundary,N76"03'11"W a distance of 79.24 feet to the POINT OF BEGINNING. Said parcel contains 481 square feet,more or less,and is subject to all existing easements and/or rights-of-way of record or implied. All subdivisions,deeds,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated. Attached hereto is Exhibit B and bythis reference is made a part hereof. 5�,r�*NL L A tip S OF Page 22 Cross-Access Easement MILLER NASH LLP ATTORNEYS AT LAW 4884-7255-0537.1 TELEPHONE:503.224,5850 US BANCORP TOWER 111 SW FIFTH AVE,STE 3400 PORTLAND,OREGON 97204 N. Eagle Road u, BASIS OF BEARING Ln Lu N _ NOO'36'AO"E 2611.39' _ _ 756.69' � r � 1854.76' .� a w w m 4 ai z�ol n C I r In I p 1 70 70 z z _ 0 En 0 z o 00 ;am fl. m r N Z rn p n Ln m z o m M m rFn I o I N s Z� f Z � ' m r I I z1 Ir I ° 0® fl z WI w CO I a 50 !b o, m c� r m C v v v W g �A* � c � o Z Z G g (n rn o Z c { __4Ito = zrn m n Page 23 Cross-Access Easement MILLER NASH LLP ATTORNEYS AT LAW 4884-7255-0537.1 TELEPHONE:503.224,5858 US BANCORP TOWER 111 SW FIFTH AVE,SfE 340D PORTLAND,OREGON 97204