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CONDITIONAL DECLARATION OF
RESTRICTIONS AND GRANT OF EASF.IVIENTS
THIS CONDITIONAL DECLARATION OF RESTRICTIONS AND GR.ANI' OF
EASEtVVtENN'TS ("Declaration") is made and executed as of the day of , 1996,
by Albertson's, Inc., a Delaware corporation ("Albertson's").
1 PRE_T,IlI~TARY
1.1 Definitions:
(a) "Albertson's": Albertson's, Inc., a Delawaze corporation, together
with any corporation succeeding thereto- by consolidation, merger or acquisition of its assets
substantially as an entirety, and any wholly owned subsidiary thereof, and whose current address
is 250 Pazkcenter Boulevazd, Post Office Box 20, Boise, Idaho 83726.
(b) "First Party": The Owner of Parcel 3 or their successors in interest
(or if there is more than one Owner, all of the Owners of Parcel 3) .
(c) "Owner": The record holder of tee srmpie title to a Yazcel (as
Parcel is hereinafter defined), its heirs, personal representatives, successors and assigns.
(d) "Parcel": Parcel 1, 2 or 3 as shown on Exhibit "A" and more
particularly described in Schedule I attached hereto and incorporated herein by this reference.
(e) "person": Individuals, partnerships, firms, associations,
corporations, trusts, governmental agencies, administrative tribunals or any other form of
business or legal entity. -
(f) "Restrictions": The easements, covenants, restrictions, liens and
encumbrances contained in this Declaration.
1.2 Parties: First Party is the Owner of Parcel 3, and Albertson's is the
Owner of Parcels 1 and 2. The Parcels are located at the southwest corner of the intersection
of West Cherry Lane and Ten Mile Road in the City of Meridian, County of Ada, State of Idaho.
CONDITIONAL DECLARATION OF - Page 1
RESTRICTIONS AND GRANT OF EASEMENTS
ABS 1{180 - Meridisa, ID
MM&C 125.372 08/28/96
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2 EASF.IV1~~1'TS
Z.1 First Party Easement: Albertson's, as grantor, does hereby grant, bargain
and sell to First Party, as grantee, and its successors and assigns, for the benefit of Parcel 3, a
non-exclusive easement for ingress and egress for vehicular traffic upon, over and across that
portion of Parcel 2 shown on Exhibit "A" as the "Access Easement" and more particulary
described on Schedule II attached hereto and made a part hereof.. This easement shall be limited
to use by First Party and its successors, assigns, tenants and invitees solely for the ingress and
egress of vehicular traffic to and from Parcel 3 to and from West Cherry Lane. Albertson's may
make any use of the Access Easement which will not unreasonably interfere with or restrict the
allowed use of the First Parry and its successors, assigns, tenants and invitees. Albertson's shall
have the right (and hereby reserves the right) to reconfigure or relocate the easement herein
granted to any other reasonable configuration or location on Parcels 1 and 2 so long as
reasonably equivalent ingress and egress is provided. Any improvements constructed on the
Access Easement (including, without limitation, paving and curb cuts) shall be constructed and
maintained by Albertson's at its sole cost and expense, to the standards by which Albertson's
constructs and maintains any other drive aisles located on Parcel 2.
2.2 AIbertson's Easement: First Party, as grantor, does hereby grant, bargain
and sell to Albertson's, as grantee, and its successors and assigns, for the benefit of Parcels 1
and 2, anon-exclusive easement for ingress and egress for vehicular traffic upon, over and across
Parcel 3. The easement shall be twenty-five feet (25') in width, and shall be located as
reasonably determined and designated by First Party, provided that such easement shall afford
and provide reasonable vehicular access from Parcel 2 to West Cherry Lane. This easement shall
be limited to use by Alliertson's and its successors, assigns, tenants and invitees solely for the
ingress and egress of vehicular traffic. First Parry may make any use of the area of this
easement which will not unreasonably interfere with or restrict the allowed use of Albertson's
and its successors, assigns, tenants and invitees. First Party shall have the right (and hereby
reserves the right) to reconfigure or relocate the easement herein granted to any other reasonable
CONDTTIONAL DECLARATION OF - Page 2
RESTRICTIONS AND GRANT OF EASEMENTS
ABS ff 180 -Meridian, ID
MMBcC 125.372 08/28/96
configuration or location on Parcel 3 so long as reasonably equivalent ingress and egress is
provided. Any improvements constructed on the easement hereby established (including, without
limitation, paving and curb cuts) shall be constructed and maintained by First Party at its sole
cost and expense, to the standards by which Albertson's constructs and maintains the drive aisles
located on Parcel 2. Notwithstanding the foregoing, Albertson's may construct driveway
improvements over and across the azea of easement hereby established, provided that such
improvements have not already been constructed by First Parry, and that Albertson's obtains the
prior approval of First Party of the plans and specifications for such proposed improvements, and
provided Albertson's pays the entire cost of construction of such improvements.
3 INSURANCE
3.1 Insurance: First Party shall at all times provide and maintain or cause to
be provided and maintained commercial general liability insurance insuring Albertson's and any
successor in interest to Parcels 1 or 2, and all tenants thereon against claims for personal injury,
bodily injury or death and property damage or destruction, occurring in or arising out of the use
of the easement hereby granted by Albertson's or improvements constructed thereon. The limits
of liability of such insurance shall be not less than $2,000,000.00 for personal injury or bodily
-injury or death of any one person, $2,000,000.00 for personal injury or bodily injury or death
of more than one person in one occurrence and $500,000.00 with respect to damage to or
destruction of property; or in lieu of such coverage, a combined single limit (covering personal
injury, bodily injury or death and property damage or destruction) with a limit of not less than
$2,000,000.00 per occurrence. Such insurance shall be written with an insurer licensed to do
business in Idaho. The persons or entities hereby required to provide such insurance shall
provide to Albertson's or Albertson's successor in interest a certificate of insurance evidencing
existence of the required insurance. Such insurance policy shall provide that the insurance
represented by such certificate shall not be canceled or materially changed without the giving of
thirty (30) days prior written notice to the holder of such insurance and the holder of such
certificate.
CONDITIONAL DECLARATION OF - Page 3
RESTRICTIONS AND GRANT OF EASEMENTS
ABS X180 -Meridian, ID
MMBrC 125.372 08/28/96
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Upon acceptance of this Declaration, the Owner of Parcel 2 shall at all
times provide and maintain or cause to be provided and maintained commercial general liability
insurance insuring First Parry, and all tenants thereon against claims for personal injury, bodily
injury or death and property damage or destruction, occurring in or arising out of the use of the
easement hereby granted by First Parry or improvements constructed thereon. The limits of
liability of such insurance shall be not less than $2,000,000.00 for personal injury or bodily
injury or death of any one person, $2,000,000.00 for personal injury or bodily injury or death
of more than one person in one occurrence, and $500,000.00 with .respect to damage to or
destruction of property; or in lieu of such coverage, a combined single limit (covering personal
injury, bodily injury or death and property damage or destruction) with a limit of not less than
$2,000,000.00 per occurrence. Such insurance shall be written with an insurer licensed to do
business in Idaho. The persons or entities hereby required to provide such insurance shall
provide to First Parry or First Party's successor in interest a certificate of insurance evidencing
existence of the required insurance. Such insurance policy shall provide that the insurance
represented by such certificate shall not be canceled or materially changed without the giving of
thirty (30) days prior written notice to the holder of such insurance and the holder of such
certificate.
All insurance which is required to be maintained hereunder may be
provided under a blanket policy provided such policy otherwise complies with the requirements
of this Declaration. So long as the insured has a net worth, determined in accordance with
generally accepted accounting principles, in excess of $50,000,000.00, all or any part of such
insurance may be provided under a program of self-insurance, provided that such self-insured
parry agrees to pay the amount of any deductible or self-insurance provided under any insurance
which such party is required to maintain hereunder.
4 RESTRICTIONS ON USE
4.1 Food and Drug Restrictions: No part of Parcel 3 shall be used as a
supermarket (which shall be defined as any store or department containing at least 5,000 square
CONDITIONAL DECLARATION OF - Page 4
RESTRICTIONS AND GRANT OF EASEMENTS
ABS /1180 -Meridian, ID
MMBtC 125.372 08/28/96
•
feet of floor area, including aisle space and storage, primarily devoted to the retail sale of food
for off-premises consumption); as a bakery or delicatessen; for the sale of fresh or frozen meat,
fish, poultry or produce for off-premises consumption; for the sale of alcoholic beverages for off-
premises consumption; or for the sale or offer for sale of any ethical pharmaceutical products
requiring the services of a registered pharmacist.
4.2 Other Restrictions: No part of Parcel 3 shall be used as a bar, tavern,
cocktail lounge, adult book or adult video store, automotive maintenance or repair facility,
warehouse, car wash, entertainment or recreational facility or training or educational facility; for
the renting, leasing or selling of or displaying for the purpose of renting, leasing or selling of any
boat, motor vehicle or trailer; or for industrial purposes. For the purpose of this Declaration,
the phrase "entertainment or recreational facility" shall include, without limitation, a theater,
bowling alley, skating rink, gym, health spa or studio, dance hall, billiard or pool hall, massage
parlor, game parlor or video arcade (which shall be defined as any store containing more than
four [4] electronic games). The phrase "training or educational facility" shall include, without
limitation, a beauty school, barber college, reading room, place of instruction or any other
operation catering primarily to students or trainees as opposed to customers. No part of Parcel
3 within two hundred (200) feet of the building on Parcel 2 shall be used as a restaurant or as
a medical, dental, professional or business office.
5 GFxF'R AT. PROVISIONS
5.1 Covenants Run With the Land. Each Restriction on each Parcel shall
be a burden on that Pazcel, shall be appurtenant to and for the benefit of the other Parcels and
each part thereof and shall run with the land.
5.2 Successors and Assigns. This Declaration and the Restrictions created
hereby shall inure to the benefit of and be binding upon the Owners, their heirs, personal
representatives, successors and assigns, and upon any person acquiring a Parcel, or any portion
thereof, or any interest therein, whether by operation of law or otherwise; provided, however,
that if any Owner sells all or any portion of its interest in any Pazcel, such Owner shall
CONDITIONAL DECLARATION OF - Page 5
RESTRICTIONS AND GRANT OF EASEMENTS
ABS #180 -Meridian, ID
MMBcC 125.372 08/28/96
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thereupon be released and dischazged from any and all obligations as Owner in connection with
the property sold by it arising under this Declaration after the sale and conveyance of title but
shall remain liable for all obligations arising under this Declaration prior to the sale and
conveyance of title. The new Owner of any such Pazcel or any portion thereof (including,
without limitation, any Owner who acquires its interest by foreclosure, trustee's sale or
otherwise) shall be liable for all obligations arising under this Declaration with respect to such
Pazcel or portion thereof after the date of sale and conveyance of title.
5.3 Duration. Except as otherwise provided herein, the term of this
Declaration shall be for sixty-five (65) years from the date hereof. The easements herein granted
shall be perpetual, terminable only by a document executed by the parties hereto or their
respective successors in interest and recorded in the official records of Ada County, Idaho.
5.4 Injunctive Relief. In the event of any violation or threatened violation by
any person of any of the Restrictions contained in this Declaration, any or all of the Owners of
Parcels 1, 2 or 3 shall have the right to enjoin such violation or threatened violation in a court
of competent jurisdiction. The right of injunction shall be in addition to all other remedies set
forth in this Declaration or provided by law.
5.5 Modification and Termination. This Declaration may not be modified
in any respect whatsoever or terminated, in whole or in part, except with the consent of the
Owners of Parcels 2 and 3 and then only by written instrument duly executed and acknowledged
by all of the required Owners and recorded in the official records of Ada County, Idaho. No
modification or termination of this Declaration shall affect the rights of any Lienholder unless
the Lienholder consents in writing to the modification or termination.
5.6 Not a Public Dedication. Nothing herein contained shall be deemed to
be a gift or dedication of Parcels 1, 2 or 3 to the general public or for the general public or for
any public purpose whatsoever, it being the intention of the parties that this Declaration shall be
strictly limited to and for the purposes herein expressed.
CONDITIONAL DECLARATION OF - Page 6
RESTRICTIONS AND GRANT OF EASEMENTS
ABS #180 -Meridian, ID
MM&C 125.372 08/28/96
• •
5.7 Breach Shall Not Permit Termination. It is expressly agreed that no
breach of this Declaration shall entitle any Owner to terminate this Declaration, but such
limitation shall not affect in any manner any other rights or remedies which such Owner may
have hereunder by reason of any breach of this Declaration. Any breach of this Declaration shall
not defeat or render invalid the lien of any mortgage or deed of trust made in good faith for
value, but this Declaration shall be binding upon and be effective against any Owner whose title
is acquired by foreclosure, trustee's sale or otherwise.
5.8 Default. A person shall be deemed to be in default of this Declaration only
upon the expiration of thirty (30) days (ten [10] days in the event of failure to pay money) from
receipt of written notice from any Owner specifying the particulars in which such person has
failed to perform the obligations of this Declaration unless such person, prior to the expiration
of said thirty (30) days (ten [10] days in the event of failure to pay money), has rectified the
particulars specified in said notice of default. However, such person shall not be deemed to be
in default if such failure (except a failure to pay money) cannot be rectified within said thirty (30)
day period and such person is using good faith and its best efforts to rectify the particulars
specified in the notice of default.
5.9 Notices.
(a) All notices given pursuant to this Declaration shall be in writing and
shall be given by personal delivery, by United States mail or by United States express mail or
other established express delivery service (such as Federal Express), postage or delivery charges
prepaid, return receipt requested, addressed to the person and address designated below or, in
the absence of such designation, to the person and address shown on the then current real
property tax rolls of the county in which the Shopping Center is located. All notices to
Albertson's shall be sent to the person and address set forth below:
Albertson's, Inc.
250 Parkcenter Boulevard
P.O. Box 20
Boise, ID 83726
CONDITIONAL DECLARATION OF - Page 7
RESTRICTIONS AND GRANT OF EASEMENTS
ABS 1{180 -Meridian, ID
MM&C 125.372 08/28/96
Attention: Legal Department
The person and address to which notices aze to be given may be changed at any time by any
party upon written notice to the other parties. All notices given pursuant to this Declaration shall
be deemed given upon receipt.
(b) For the purpose of this Declaration, the term "receipt" shall mean
the eazlier of any of the following: (i) the date of delivery of the notice or other document to
the address specified pursuant to subsection (a) above as shown on the return receipt, (ii) the date
of actual receipt of the notice or other document by the person or entity specified pursuant to
subsection (a) above, or (iii) in the case of refusal to accept delivery or inability to deliver the
notice or other document, the earlier of (A) the date of the attempted delivery or refusal to accept
delivery, (B) the date of the postmazk on the return receipt, or (C) the date of receipt of notice
of refusal or notice of nondelivery by the sending party.
5.10 Waiver. The failure of a person to insist upon strict performance of any
of the Restrictions contained herein shall not be deemed a waiver of any rights or remedies that
said person may have, and shall not be deemed a waiver of any subsequent breach or default in
the performance of any of the restrictions contained herein by the same or any other person.
5.11 Attorney's Fees. In the event any person initiates or defends any legal
action or proceeding to enforce or interpret any of the terms of this Declaration, the prevailing
party in any such action or proceeding shall be entitled to recover from the losing party in any
such action or proceeding its reasonable costs and attorney's fees (including its reasonable costs
and attorney's fees on any appeal). -
5.12 Severability. If any term or provision of this Declaration or the application
of it to any person or circumstance shall to any extent be invalid or unenforceable, the remainder
of this Declaration or the application of such term or provision to persons or circumstances, other
than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term
and provision of this Declaration shall be valid and shall be enforced to the extent permitted by
law.
CONDITIONAL DECLARATION OF - Page 8
RESTRICTIONS AND GRANT OF EASEMENTS
ABS #1180 -Meridian, ID
MM&C 125.372 08/28/96
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5.13 Third Party Beneficiary Rights. This Declaration is not intended to
create, nor shall it be in any way interpreted or construed to create, any third parry beneficiary
rights in any person not a parry hereto unless otherwise expressly provided herein.
5.14 Captions and Headings. The captions and headings in this Declaration
are for reference only and shall not be deemed to define or limit the scope or intent of any of
the terms, covenants, conditions or agreements contained herein.
5.15 Entire Agreement. This Declaration contains the entire agreement
between the parties hereto and supersedes all prior agreements, oral or written, with respect to
the subject matter hereof. The provisions of this Declaration shall be construed as a whole and
not strictly for or against any parry.
5.16 Construction. In construing the provisions of this Declaration and
whenever the context so requires, the use of a gender shall include all other genders, the use of
the singular shall include the plural, and the use of the plural shall include the singular.
5.17 Joint and Several Obligations. In the event any parry hereto is composed
of more than one person, the obligations of said party shall be joint and several.
5.18 Recordation. This Declaration shall be recorded in the official records of
Ada County, Idaho.
6 CONDITIONAL EFFECT AND APPLICATION
6.1 Condition Precedent: Notwithstanding any otherprovision to the contrary
in this Declaration, and notwithstanding the execution hereof by Albertson's, or the recordation
of this Declaration in the official public records of Ada County, Idaho, this Declaration, and the
grants of easements, restrictions and covenants provided in this Declaration, shall not be binding
upon Albertson's or First Party, or their respective successors in interest until and unless a
Declaration of Acceptance, in the form hereinafter provided, is executed and aclmowledged by
First Party and such Declaration of Acceptance is recorded in the official public records of Ada
County, Idaho, and the recorded original is delivered to Albertson's in the manner required for
notices as provided in Section 5.9 of this Declaration. In the event the required Declaration of
CONDITIONAL DECLARATION OF - Page 9
RESTRICTIONS AND GRANT OF EASEMENTS
ABS 1f 180 -Meridian, ID
MMBcC 125.372 08/28/96
i ~
Acceptance is not executed, aclmowledged, recorded and delivered to Albertson's as above
provided on or before the sixtieth (60th) day following the date of the first conveyance of all or
an part of Parcel 3 by Owner of Parcel 3 as of the date of this Declaration to a third person, this
Declaration shall automatically, and without further notice or action, terminate and be of no
further effect. The date of the first conveyance of all or any part of Parcel 3 shall be the date
a deed or other recognized form of conveyance of title is recorded in the official public records
of Ada County, Idaho.
The Declaration of Acceptance shall be in the form of Exhibit "B, " attached hereto and
incorporated herein by this reference.
EXECUTED as of the day and year first above written.
ALBER ON'S, INC., a Delaware corporation
By:
William H. Arnold
Vice President, Real Estate Law
STATE OF IDAHO )
- ) ss.
County of Ada )
this.?~d day of .~~.~le „~•,~.e Y , 199 ~e ,before me, ~~a
~ ~ , a Notary Public in and for said State, personally ppeared
William . Arn d, lrnown to me to be Vice President, Real Estate Law of Albertson's, Inc.,
the corporation that executed the within instrument or the person who executed the instrument
on behalf of said corporation, and aclolowledged to me that such corporation executed the same.
WTTNF.SS MY HAND and official seal hereto affixed the day, month and year in this
certificate first above written.
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Residing at
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CONDITIONAL DECLARATION OF - Page 10
RESTRICTIONS AND GRANT OF EASEMENTS
ABS /1180 -Meridian, ID
MM&C 125.372 08/28/96
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PACIFI
960 Broadway Avenue
Suite 312
Boise, Idaho 83706
March 13, 1997
City of Meridian
Statement of Compliance and Request to Combine Preliminary/Final Plat Application
Dear P:aruling and Zoning Commissioners:
Albertson's Inc. Would like to request that the attached subdivision application be processed as
both a preliminary and final plat.
It is the :intent of the applicant to comply with the following:
Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada
County Highway District and Meridian Ordinance and City Engineers dimension
requirements.
2. The planned use of this development complies with the intended use as stated in the City's
comprehensive plan and ordinances as a neighborhood development.
3. The preliminary/final plat contains all proposed and existing easements and dedications as of
this date.
Sincerely,
W Rr>~ PACIFIC, INC.
Gordon N. Anderson, PLS
Project Surveyor for Albertson's, Inc.
(208) 342-5400 Fax (208) 342-5353 Planning • Engineering • Surveying • Landscape Architecture • Environmental Services
~~
I PACIFIC
960 Broadway Avenue
Suite 312
Boise, Idaho 83706
SCHEDULE 1
July 26, 1996
LEGAL DESCRIPTION FOR PARCEL 1
(FL'T'URE LOT 1 OF T~~.E SQUARE SUBDIVISION)
A parcel of land situate in the Northeast 1/4 of the Northeast 1/4 of Section 10, Township 3 North,
Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the northeast corner of Section 10, Townshup 3 North, Range 1 West marked by a
brass cap monume~ thence North 89°41'38" West, 530.00 feet along the north line of said Section
10; thence South 00°18'22" West, 49.34 feet to a point on the southerly right-of--way of that certain
public road named West Cherry Lane and on the easterly boundary line of that certain deed recorded
as Instrument No. 8351236, official records of Ada County, Idaho; thence along .said easterly
boundary Iine South 00°18'22" West, 242.50 feet to the POINT OF BEGINNIl~TG; thence South
89°59'55" East, 171.55 feet'; thence South 00°00'05" West, 77.84 feet; thence South 89°59'55" East,
45.00 feet; thence South 00°00'05" West', 165.17 feet; thence North 89°59'55" West, 8.00 feet;
thence South 00°00'05" West, 77.99 feet to a point on the centerline of the Eightau7e Lateral; thence
along said centeriine-North 42°00'12" west, 312.35 feet to a point on said easterly boundary line;
thence along said easterly boundary: Line North 00°18'22" East, 89.39 feet to the POINT OF
BEGINNIlVG. - -
Said. parcel contains 41,366 square feet or:0.95: acres.: more or Iess.
Subject to:
All existing easements or road rights-of--way of record or appealing on the above-described parcel
Prepared by.
W&H Pacific
Gordon Anderson, PLS
SCHEDULE ~ ~ ~ G5 ~ ~ ~ ~
: I PACIFIC
960 Broadway Avenue '
Suite 312
Boise, Idaho 83706
September 3, 1996
LEGAL DESCRIPTION FOR PARCEL 2
~ LOT 2 OF TE:V ~IILE SQUARE SUBDIVISION)
A parcel of land located in the northeast 1/4 of the Northeast 1/4 of Section I0, Township 3
North. Range 1 West of the Boise Meridian, Ada County, Idaho, more particularly descnbed as
follows: _
Commencing at the~northeast corner of said Section 10, Township 3 North. Range 1 West
marked by a brass cap monument, thence North 89 41'38" West 530.00 feet, along the North line
of said Section 10; thence South 00°18'22" West, 49.34 feet to a point on the southerly right-of-
way line of that certain road named West Cherry Lane and on the most easterly boundary line of
that certain deed recorded as Instrument number 8351286 official records of Ada County, Idaho,
said point being the POP1i T OF BEGIlVNING; thence along said Southerly right-of-way line the
fotiowing three courses: South 88°33'40" East, 227.29 feet; South 89°OT29" East ?8.53 feet;
South 44°33'42" East, 42.09 feet, said.point being on the westerly right-of--way line of Ten Mile
Road; thence along said westerly right-of--way line South 00°00'05" West, 833.51 feet to a point
on the center line ofEightmile Lateral; thence along said center Line, North 42°00'12" West,
415:42 feet; thence.North 00°00'05" East, 77.99 feet; thence South 89°59'55" East, 8.00 feet;
thence North 00°00'05" East, 165.67 feet; thence North 89°59'55" West, 45.00 feet; thence North
00°00'05" East, 77.84 feeti thence North 89°59'55" West, 171.55 feet to a point on the said
easterly boundary line; thence along said easterly line, North 00°18'22" East, 242.50 feet to the
POINT OF BEGINNhtG.
Said parcel contains 248,608 square feet or 5.71 acres more of Iess.
Subject to:
All existing easements or road rights-of--way of record or appearing on'the above-descrioed parcel
of land.
Prepared by: .-
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W&H Pacific ~~SSti ~~~ TF'ro~''G
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Parcel 3:
A parcel of land lying in the NE '/a of the NE 1/a of Section 10, Township 3
North, Range 1 West, B.M., Ada County, Idaho, more particularly described as
follows:
Beginning at the Section corner common to Sections 3, 2, 11 and of said Section
10; thence North 89°41'38" West 530.00 feet to a point, said point being the
REAL POINT OF BEGINNING; thence South 0°18'22" West 383.00 feet to a
point; thence North 46°56'38" West 274.92 feet to a point; thence North
23°51'38" West 215.25 feet to a point; thence South 89°41'38" East 290.00 feet
to the real point of beginning.
SCHEDUL % . G ~ ~ 3 ~ 3
: I PACIFIC
960 Broadway:~venue
Suite .312
Boise. Idaho 83706
Project 06-1191-0601
Date: 09-03-96
SCHEDULE ~
ACCESS EASEIZENT
FOR LOVAN PROPERTY
s
An ingress and egress easement being a strip of land of variable width over a portion of
the iVE 1/4 of the NE 1/4 of Section 10, T. 3 N., R 1 W., Boise Meridian, City of Meridian, Ada
County, Idaho, the center line of said strip more particularly descnbed as follows:
Commencing at a found Brass Cap monument maridng the Section Corner common to
Sections 2, 3, 1 I and 10 of said T. 3 N., R 1 W., BM from which the 1/4 corner common to
said Sections 3 and IO bears; North 89°41'38" West, 2649.58 feet;
thence along the Section line between said Sections 3 and 10, North 89°41 ~8" West,
344.49 feet;
thence leaving said Section Line, South 00°18'?2" West, 53.01 feet to a point on the
southerly right-of--way line of Cherry Lane and the POINT OF BEGINNIl~TG of a 40 foot wide
-strip description lying 20 feat on each side of the following course and distance;
South 00° 18'22" West, 58.20 feet to an angle point and the beginning of a 25 foot wide
strip lying 12.50 feet on each side of the following course and distance;
South 90°00'00" West, 185.51 feet to a point on the easterly boundary line of the Lovan
properly as shown on the Warranty Deed retarded as Instrument No. 8351286 dated September
26, 1983 and the POINT OF TERMINUS of said strip description.
The side lines of said strip description shall be lengthened or shortened to form a closed
figure and to terminate on said southerly right-of--way line of Cherry Lane and said easterly
boundary line of said Warranty Deed.
Said parcel contains 6,966 s.f. more or less.
SUBJECT T0:
All existing easements or road rights-of--way of record or appearing on the above-
described parcel of land. ~~ LAND
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7314
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EDIT -~B~~
DECLARATION OF ACCEPTANCE
The undersigned
~~ ..~.~
hereby certifiies that the undersigned is the Owner (or, if fee title to Parcel 3 is held by more than
one (1) Owner, the undersigned are the Owners) of fee title to the entirety of Parcel 3, as Parcel
3 is described in that certain Declaration of Restrictions and Grant of Easements (the
"Declaration") executed by Albertson's, Inc., dated 1996, and
recorded as Instrument No. , official records of Ada County, Idaho on
1996. Said recordation is incorporated herein by this reference.
The undersigned hereby accepts the Declaration, and covenants and agrees to be bound
by all of its terms, and acknowledges and agrees that upon recordation of this Declaration of
Acceptance, Parcel 3 and each and every part thereof shall be bound and encumbered by said
Declaration, and said Declaration shall run with the land, as 'if said Declaration had been
executed and acknowledged by the Owner of Parcel 3 prior to the recordation of said
Declaration.
OWNER OF PARCEL 3:
STATE OF )
ss.
COUNTY OF )
On this day of , 1996, before me, ,
a Notary Public in and for said State, personally appeared ,known or
identified to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same.
IN WITNESS WI~REOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
NOTARY PUBLIC for
Residing at
My commission expires:
--
..
STATE OF )
ss.
COUNTY OF )
On this day of , 1996, before me, ,
a Notary Public in and for said State, personally appeared , lrnown or
identified to me to be the of ~ the
corporation that executed the within instrument or the person who executed the instrument on
behalf of said corporation, and aclmowledged to me that such corporation executed the same.
IN WITNESS WIiEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
NOTARY PUBLIC for
Residing at
My commission expires: