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HomeMy WebLinkAboutGrant of Easements,;;-,~~. ~~ 1010 S.Allante Place, Suite 100 Boise, ID 83709 (208) 336-8370 FAX 336-8380 To: Meridian P/Z WE ARE SENDING YOU X Attached-Via: Shop drawings Prints LETTER ~~AL Date: 2123104 Attention: Wendy FED + 7 2004 ~itp Of Meridian City CfPrk Office Job No. 03156.03 Copy of letter Change order Central Park Plaza CUP 03-072 Pickup Delivery Plans These are transmitted as highlighted below: Mail Fed. Exp. _ The following: Samples Specifications For approval For your use As requested For review and comment REMARKS: Wendy: As requested by the Commission and consistent with their motion, we attach a copy delineating the "cross-access" to Parcels DIE (Tony Romas exclusive parking area COPY TO: R-Dubb File RECEIVED BY: DATE: FEB 2 5 2004 CITY OP' 1V~+RIDIAN PLANNING & ZONING Documm~ I ARCHITECTS DECLARATION OF RESTRICTIONS, GRANT OF EASEMENTS AND MAINTENANCE OBLIGATIONS FOR CENTRAL PARK PLAZA COMMERCIAL CENTER THIS DECLARATION OF RESTRICTIONS, GRANT OF EASEMENTS AND MAINTENANCE OBLIGATIONS ("Declaration") is made as of the 11th day of December, 2003, by R.T. NAHAS COMPANY OF IDAHO, an Idaho Corporation, and Ez PROPERTIES, LLC, an Idaho Limited Liability Company ("E2") (hereafter collectively "Declarants"). WITNESSETH: WHEREAS, Nahas and Ez are the joint owners of the following described real property (hereafter 'Commercial Center"): Parcel A, Parcel B, Parcel C, Parcel D, Parcel E and Parcel F as shown on the Record of Survey No. 6359, recorded December 15, 2003, as Instrument No. 103205965, records of Ada County, Idaho, a copy of which Record of Survey is attached hereto as "Exhibit A" and made a part hereof. WHEREAS, the Parcels comprising the Commercial Center are shown on the copy of Record of Survey No. 6359 which is attached hereto as Exhibit A (hereafter "Record of Survey"); WHEREAS, Parcel A, Parcel B, Parcel C, Parcel D and Parcel E, as shown on the Record of Survey (Exhibit A) (hereafter collectively 'Development Parcels"), are intended by the Declarants to be developed and improved with retail or similar commercial buildings and related improvements, together with off-street parking as required by the City of Meridian, Idaho, for the buildings to be located on the Development Parcels; WHEREAS, Parcel F, as shown on the Record of Survey (Exhibit A), is improved for use ~s a private road (hereafter 'Private Road") to provide access for Parcel A, Parcel B, Parcel C, Parcel D and Parcel E (Development Parcels) to and from S. Progress Avenue, as shown on Exhibit A; WHEREAS, it is the intent of the Declarants and the purpose of this Declaration to provide for perpetual easements for vehicular and pedestrian access, ingress, egress and circulation on, over, along, across and through Parcel F (Private Road) and those portions of each Developmen+ Parcel which are improved for DECLARATION - 1 (iz/o9/oai vehicular and pedestrian access, ingress, egress, circulation and off-street parking. for the use and benefit of Parcel A, Parcel B, Parcel C, Parcel D and Parcel E (Development Parcels) upon the terms and conditlons contained in this Declaration; and WHEREAS, the Declarants desire to set forth herein the terms of terms of cross-parking by the owners, tenants and occupants of the Development Parcels, and their employees, agents, contractors and invitees, and the obligations of the owners of the Development Parcels for the maintenance and repair of the improvements on Parcel F (Private Road) and the areas located on each Development Parcel which are improved for vehicular and pedestrian access, ingress, egress, circulation and off-street parking. NOW, THEREFORE, the Declarants hereby declare that the Commercial Center, and each Parcel included therein, shall be subject to the following covenants, conditions, restrictions and easements. 1. Rec tals. The foregoing recitals are part of this Declaration, not mere recitals. 2. Improvement of Ingress-Egress and Parking Areas. At the time that a permanent building is constructed on Parcel A, Parcel B, Parcel C, Parcel D or Parcel E (Development Parcels), the owner of such Parcel shall, at such owner's cost and expense, construct and install on the Parcel being improved with a permanent building, all improvements required for ingress and egress, vehicle parking and circulation including, but not limited to, grading, paving, drainage, curbs, gutters, sidewalks, lighting, landscaping and striping (hereafter "Access and Parking Improvements"). All of the Access and Parking Improvements shall be constructed and installed in accordance with the standards and requirements of the City of Meridian, Idaho, for private off-street parking lots. To the extent necessary, each owner of a Development Parcel grants to each other owner of a Development Parcel and such other owner's contractors a temporary easement to enter upon the granting owner's Parcel(s) and the right to use and occupy those portions of the same which are necessary for the purpose of constructing and installing all of said Access and Parking Improvements to be constructed and installed on the Parcel being improved with a building, provided, that any damage to any Access and Parking Improvements then existing on the granting owner Parcel(s) resulting from such use and occupancy shall be promptly repaired at the cost of owner of the Parcel being improved with a building. 2. Easements in Favor of Development Parcels. The Declarants hereby declare, create, grant and reserve the following easements for the use and benefit of Parcel A, Parcel B, Parcel C, Parcel D and Parcel E (Development Parcels), and the owners, tenants and occupants of the Development Parcels, and their employees, agents, contractors and invitees, (hereafter "Authorized Users"), the following easements, which easements shall be appurtenant to and shall be a covenant which shall run with each of the Development Parcels: (a) Access Easement. A non-exclusive easement for access on, over, across and through the those portlons of Parcel A, Parcel DECLARATION - 2 fiz/~/~) B, Parcel C, Parcel D and Parcel E which are improved for vehicular and/or pedestrian circulation, excluding any portion of a Development Parcel so improved for vehicular and/or pedestrian circulation which is IimRed or restricted to the particular use on and development located on a Development Parcel such as adrive-through facility or loading and/or Service Facilities. (b) Parking Easement. Subject to the restrictions and limitations hereafter set forth in Section 3, below, anon-exclusive easement and right to use, free of charge, those portions of Parcel A, Parcel B, Parcel C, Parcel D and Parcel E (Development Parcels} which are developed and improved as parking area, including all entrances, exits, circulation lanes, parking spaces and sidewalks, in common with all Authorized Users of the Development Parcels. (c) Private Road. Anon-exclusive easement for access on, over, across and through Parcel F (Private Road) for vehicular and/or pedestrian access to and from E. Progress Avenue as shown on Exhibit A. 3. Restrictions and Limitatlons on Use of Parkins Easements. Notwithstanding the provisions of Section 2; above, the parking of a vehicle in a parking space on a Development Parcel by an employee of an owner, tenant or occupant of another Development Parcel not under common ownership shall be expressly erohibited. Each owner, tenant and occupant of a Development Parcel shall be required to take all steps necessary to enforce the foregoing restriction, including, but not limited to, the providing of a specifically designated employee parking area on the Development Parcel owned or occupied by each, and the cooperation with each other necessary to assure that such restriction is observed. 4. Additional Restrictions and Limitations. An Authorized User shall not use, or permit to be used, any portion of the easements described in Section 2, above, for any purpose or use which will interrupt, prevent, prohibit or make inconvenient the access, ingress, egress or circulation described therein. This restriction shall not limit or restrict the temporary interruption of access, ingress, egress and circulation as may be required during periods of repair and maintenance or otherwise to prevent a dedication to the public of the same. 5. Maintenance and Repairs - By Owner. Each owner of a Development Parcel shall be required, at such owner's cost and expense, to timely keep and maintain the Access and Parking Improvements located on such owner's Development Parcel in a good and usable condition. As used herein, maintenance and repairs shall include all costs incurred to keep and maintain the Access and Parking Improvements in a good, serviceable and usable condition including, but not limited to, patching, restriping, seal-coating, snow removal, periodic sweeping, recoating and replacement of the asphalt surtace of the DECLARATION - 3 (~2/~/~) parking area and the replacement of curbs, gutters, sidewalks, lighting, landscaping and other improvements located thereon or which are a part thereof. Provided, that rf any repair is necessitated by the negligent or intentional act of an Authorized User, then the full cost of the repairs shall be paid by the owner of the Development Parcel whose Authorized User is responsible for such damage. If an owner of a Development Parcel shall fail to pertorm the maintenance and repairs required of that owner in this Section (hereafter "Defaulting Owner"), any other owner of another Development Parcel (hereafter "Curing Owner") shall have the right to enter upon the Development Parcel{s) owned by the Defaulting Owner and perform, or have pertormed such maintenance and repairs. In such event, the actual costs paid or incurred by the Curing Owner for such maintenance and repairs shall be reimbursed by the Defauting Owner to the Curing Owner within ten (10) days after the delivery to the Defaulting Owner of a written demand therefor, which written demand shall include reasonable evidence of the actual costs and expenses paid or incurred by the Curing Owner. Notwithstanding the foregoing, except in the case of an emergency, the Curing Owner shall not undertake such maintenance and repairs on the Defaulting Owner's Development Parcel, until the expiration of seven (7) days after the delivery of a written notice of such default to the other party, which written notice shall describe in reasonable detail the maintenance and repairs required. 6. Maintenance. Repairs and Taxes -Private Road. The Declarants shall maintain and repair the improvements constructed and installed on Parcel F (the Private Road), including, but not limited to, the sweeping, cleaning, snow removal, re- surfacing, seal-coating, restriping of the roadway and related improvements, and other maintenance and repairs necessary to keep such improvements in a good and usable condition (hereafter "Parcel F Maintenance and. Repairs"). In addition, the Declarants shall pay the ad valorem real property taxes levied and assessed against Parcel F (Private Road) (hereafter "Parcel F Taxes"). Fifty percent (50.0%) of the costs of the Parcel F Maintenance and Repairs and the Parcel F Taxes shall be assessed against Parcel A, Parcel B, Parcel C, Parcel D and Parcel E (Development Parcels), with the owners thereof to be obligated to pay apro-rata percentage thereof as provided below, it being understood that the remaining fifty percent (50.0°/a) of the costs of the Parcel F Maintenance and Repairs and the Parcel F Taxes will be reimbursed to the Declarants by the owner(s) of real property, other than the Development Parcels comprising the Commercial Center, which is served by Parcel F (Private Road): Parcel Percentaae Parcel A 25.89% Parcel B 32.79% Parcel C 29.26% Parcel D 7.09% Parcel E 4.97% Notwithstanding the obligation of the Declarants to pertorm the Parcel F Maintenance and Repairs, each owner of a Development Parcel shall be responsible far the daily removal of dirt, debris and -other materials caused by construction work on such owner's Development Parcel, or any other excessive wear, tear or damage which is the result of the willful or negligent act of such owner's Authorized Users. DECLARATION - 4 fez/~/~) Any payment which is due and payable to the Declarants hereunder which is not fully paid within thirty (30) days after the delivery of a bill, invoice or statement therefor, shall bear interest at the rate of one and one-half percent (1.5%) per month from the due date until paid in full, not to exceed the highest rate allowed by law. 7. Easement(s~ for Utilities and Public Facilities. The Declarants hereby declare, create, grant and reserve for the benefit of each Development Parcel within the Commercial Center, and all future owner(s) thereof, a nonexclusive easement under, through and across Parcel F (Private Road) for the installation, operation, maintenance, repair and replacement of water drainage systems or structures, water mains, sewers lines, irrigation water lines, water sprinkler system Imes, telephone lines, electrical conduits or systems, gas mains and other public or private utilities. All such systems, structures, mains, sewers, conduits, lines and other utilities shall be installed and maintained below the ground level or surface. of such easements except for ground mounted electrical transformers and such other facilities as are required to be above ground by the utility providing such service (including temporary service required during the construction, maintenance, repair, replacement, alteration or expansion of any buildings or improvements located in the Commercial Center). The owner of a Development Parcel exercising the rights under the easement herein declared and granted shall bear all costs related to the installation, operation, maintenance, repair and replacement of such easement facilities, and shall repair to the original specifications any damage to Parcel F (Private Road) resulting from such use and shall provide as-bulk plans for all such facilities to the Declarants within thirty (30) days after the date of completion of construction of same. The Declarants, and each subsequent owner of a Development Parcel within the Commercial Center, shall grant such additional easements as are reasonably required by any public or private utility for the purpose of providing the utility lines and facilities described herein provided such easements are not otherwise inconsistent with the provisions of this Declaration. 8. Easement for Irrigation Line. The Declarants hereby declare, create, grant and reserve a nonexclusive easement under, through and across the real property described on "Exhibit B" attached hereto and made a part hereof, for the installation, operation, maintenance, repair and replacement of an underground irrigation water line, which irrigation line shall transport irrigation water from the Eight Mile Lateral, as the same is located to the east of the ,Commercial Center, through the Commercial Center to the real property located west of the Commercial Center. f9. Public Liabilitx Insurance. Each owner of a Development Parcel shall be required to maintain, or cause to be maintained, a comprehensive public liability insurance policy covering injuries to persons and property on, in or about such owner's Development Parcel, with a single limit of not less than Two Million Dollars ($2,000,000.00), with a deductible not in excess of Twenty-Five Thousand Dollars ($25,000.00). Each such liability policy required hereunder shall name the other owners of the Development Parcels as additional insureds. The owners of the Development Parcels shall periodically consult wkh each other with a view toward maintaining the levels of public liability insurance coverage and deductibles in line with contemporary levels of coverage in retail and commercial developments of similar DECLARATION - 5 (iz/os/gal character, size and location. Each such public liability policy so provided shall contain a waiver of the right of subrogation. The Declarants shall have the right, but not the obligation, to maintain, or cause to be maintained, a comprehensive public liability insurance policy covering injuries to persons and property on, in or about Parcel F (Private Road),. which policy shall have limits of coverage and a maximum deductible equal to that required of the owners of the Development Parcels as provided above. Such liability policy, if obtained by the Declarants, shall name the owners of the Development Parcels as additional insureds. The cost of providing the liability policy, if obtained by the Declarants, shall be assessed against Parcel A, Parcel B, Parcel C, Parcel D and Parcel E (Development Parcels) and the owners thereof shall be obligated to reimburse the Declarants apro-rata percentage of such cost equal to the percentage the costs of the Parcel F Maintenance and Repairs ,payable by each owner as provided in Section 6, above. 10. Restrictions on Use of Development Parcels. The Development Parcels shall be improved and used for those uses which are commonly found in retail shopping centers roD vided that no part of a Development Parcel within the Commercial Center shall be used for a use not allowed under the applicable ordinances of the City of Meridian as either an allowed use or a conditional use. Notwithstanding the foregoing, no Development Parcel within the Commercial Center, or portion thereof, shall be used as a bar or tavern, adult book or adult video store (being a store with an age limit for entry posted or that is not primarily a store offering books or videos suitable for all ages), warehouse (being a facility used principally for the storage of goods and merchandise pending delivery to another location), car wash, entertainment or recreational 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 movie theater, bowling alley, skating rink, gym, dance hall or massage parlor. Use of a part of a building for storage or warehouse purposes in conjunction with a principal allowed use where the portion of the owner's or tenant's premises used for storage or warehousing constitutes less than twenty-five percent (25%) of the premises shall not be a violation of this restriction. No part of the Commercial Center shall be used as a cocktail lounge; provided, however, that such use shall be permitted in the Commercial Center, when in conjunction with or ancillary to a restaurant which derives no more than thinly-five percent (35%) of its monthly gross revenue from the sale of alcoholic beverages, based on average sales during any continuous six (6) month period. No Development Parcel within the Commercial Center shall be used as an automotive maintenance or repair facility; provided, however, that this restriction shall not be deemed to prohibit retail establishments which distribute and sell products, supplies, tools, parts, equipment, or other related items used or connected with the repair and/or service of motor vehicles such as establishments similar to "Checker Auto" and "Schucks Auto Supply," so long as .no actual repair and/or service takes place on Development Parcel. DECLARATION - 6 (~z/as/oa) No use or operation will be made, conducted or permitted on or with respect to all or any part of a Development Parcel wifhin the Commercial Center, which use or operation is obnoxious to, or out of harmony with, the development and operation of a quality Commercial Center, including, but not limited to, the following: (a) Any public or private nuisance; (b) Any noise or sound that is objectionable due to continuous beat, frequency, shrillness or loudness; (c) Any excessive quantity of dust, dirt or fly ash; provided, that this prohibition shall not preclude the sale of soils, fertilizers or other garden materials or building materlals in containers if incident to the operation of a home improvement or other similar store; (d) Any fire, explosion or other damaging or dangerous hazard, including the storage, display or sale of explosives or fireworks, except on a temporary basis (not to exceed thirty (30) days each calendar year); (e) Any distillation (but not to exclude a "brew-pub" or similar use if otherwise allowed), refining, smelting, agriculture or mining operation; (f) Any mobile home or trailer court, labor camp, junkyard, stock yard or animal raising, except for a pet shop not in excess of 3,000 square feet; (g) Any drilling for and/or removal of subsurface substances, except water; (h) Any dumping or garbage or refuse other than in enclosed, covered receptacles intended for such purpose; or (i) Any flea market or swap meet except on a temporary basis. 11. Covenants Running with Land - No Termination. The easements, restrictions and agreements in this Declaration shall be perpetual easements, restrictions and covenants running with the land and shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns including, without limitation, all subsequent owners of the Development Parcels and all persons claiming under and through them. The easements herein declared, created, granted and reserved shall not terminate by lapse of time or non-use. 12. Easements Appurtenant. The easements herein declared, created, granted and reserved in favor of the Development Parcels, as described in this Declaration, shall be appurtenant to each of the Development Parcels. 13. Eminent Domain. In the event that ail or any portion of a Parcel shown on F~chibit A is taken by an government or quasi-government entity under the power DECLARATION - 7 ii2/os/a3) of eminent domain or sold in lieu of the exercise thereof, the owner of each other Parcel within the Commercial Center shall be entitled to participate in the damages paid by reason thereof to the extent of each owner's interest therein as determined by a court of competent jurisdiction. In the event of a .partial taking, all sums awarded shall be used first to restore the improvements necessary for the ingress and egress, circulation and parking as provided in this Declaration and thereafter shall be distributed to the parties in accordance with their interest so determined. 14. Successors and Assigns. This Declaration and the easements herein declared, created, granted and reserved and the restrictions imposed upon the Development Parcels within the Commercial Center shall inure to the benefit of and be binding upon the Declarants and their successors and assigns, and upon any person acquiring fee title to a Development Parcel, or any portion thereof, within the Commercial Center, or any interest therein, whether by operation of law or otherwise; provided, however, that if an owner sells all or any portion of such owner's interest in a Development Parcel, such owner shall thereupon be released and discharged from any and all obligations as the owner in connection with Development Parcel sold 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 Development Parcel or any portion thereof (including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be conclusively deemed by acceptance of title to have agreed to be liable for all obligations arising under this Declaration with respect to such Development Parcel or portion thereof after the date said new owner acquires title. 15. Notices. All notices given pursuant to this Declaration shall be in writing and shall be given by personal delivery, by United States mail, certified and return receipt requested or other established express delivery service (such as Federal F~cpress), postage or delivery charge prepaid, return receipt requested, addressed to the owner, tenant or occupant of a Parcel within the Commercial Center at the common address of the Parcel and the address for the owner shown on the then current real property tax rolls of Ada County, Idaho. An owner may change the address to which notices are to be given to such owner by the delivery to all other owners of written notice of such change. For purposes of this Declaration, notices shall be deemed received by the addressee and effective on the date which is the earlier of: () the date actually received by the addressee; (ii) forty-eight (48) hours after deposit in the U.S. Mail pursuant to this Section, or (iii) in the case of refusal to accept delivery or inability to deliver such notice, the date of attempted delivery or refusal to accept delivery. 16. Injunctive Relief. In the event of any violation or threatened violation by any person of any of the provisions or restrictions contained in this Declaration, any or all of the owners of the Development Parcels within the Commercial Center 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. 17. Modffication and Termination. This Declaration may not be modified in any respect or terminated, in whole or in part, except with the written consent of the DECLARATION - 8 (~z/os/osl Declarants, and then only by a written instrument duly executed and acknowledged by the Declarants 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. So long as the Declarants own all of the Parcels within the Commercial Center, this Declaration may be amended by the Declarants by a written instrument duly executed and acknowledged by the Declarants and recorded in the official records of Ada County, Idaho. If the Declarants do not own all of the Parcels within the Commercial Center, any amendment to this Declaration must be first approved in a writing signed and acknowledged by all of the owners of the Parcels within the Commercial Center, and such amendment shall be effective upon its recordation in the official records of Ada County, Idaho. No amendment to this Declaration shall apply retroactively to any building then constructed or any use then located on a Development Parcel. 18. No Third Partv Beneficiary Rights - No Public Dedication. This Declaration is not intended to create, nor shall it be in any way interpreted or construed to create, any third party beneficiary rights in any person who is not an owner, tenant or occupant of a Parcel within the Commercial Center, or an Authorized User as defined herein, unless otherwise expressly provided herein. Nothing contained in this Declaration shall be deemed to be a gift or dedication of any portion of any Parcel within the Commercial Center 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. 19. 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. 20. Default. An owner, tenant or occupant of a Development Parcel shall be deemed to be in default of this Declaration only upon the expiration of thirty (30) days from the 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 owner, tenant or occupant, prior to the expiration of said thirty (30) days, has rectified the particulars specified in said notice of default. However, such owner, tenant or occupant shall not be deemed to be in default if such failure cannot be rectified within said thirty (30) day period and such owner, tenant or occupant is using good faith and its best efforts to rectify the particulars specified in the notice of default. 21. Attorneys' Fees. If a suit or action at law or equity to interpret or enforce this Declaration, the unsuccessful party to such litigation agrees to pay to the prevailing party all costs and expenses, including reasonable attorney's, incurred by the prevailing party, including the same with respect to an appeal. DECLARATION - 9 t~2/os/a31 22. Force Mejeure. The period of time provided in this Declaration for the performance of any act shall be extended for a period or periods of time equal to any period or periods of delay caused by strikes, lockouts, fire or other casualty, the elements or acts of God, refusal or failure of governmental authorities to grant necessary permits and approvals for the act (the parties agreeing to use reasonable diligence to procure the same), or other causes, other than financial, beyond their reasonable control. 23. Severability. If any provision of this Declaration is held to be invalid, illegal, unconscionable or unenforceable in any respect, such shall not affect any other provisions hereof and this Declaration shall be construed. as 'rf such invalid, illegal, unconscionable or unenforceable provision had never been included herein, all other terms and provisions remaining effective and in force to the fullest extent permitted by law. 24. Waiver. The failure of a party to insist upon strict performance of any of the terms or provisions of this Declaration shall not be deemed a waiver of any rights or remedies that said party may have, and shall not be deemed a waiver of any subsequent breach or default in the performance of this Declaration by said party or any other person. 25. Not a Partnership. The provisions of this Declaration are not intended to create, nor shall they be in any way interpreted or construed to create, a joint venture, partnership, or any other similar relationship between the Declarants and/or any future owner of a Parcel wfthin the Commercial Center. 26. Construction - Interpretation. In construing and interpreting the provisions of this Declaration and whenever the context so requi res, the use of a gender shall include ali other genders, the use of the singular shall include the plural, and the use of the plural shall include the singular. The provisions of this Declaration shall be construed and interpreted as a whole and not strictly for or against any party, including the Declarants. IN WITNESS WHEREOF, the parties have executed this Declaration as of the day and year first above written: R.T. NAHAS COMPANY Es PROPERTIES, LLC OF IDAHO By: The Ronald and Mary Nahas Family Trust u/t/a dated _ _~ September 5, 1990 nal C: Nahas, Trustee Executive Vice-President. DECLARATION - 10 tiz/~/m) STATE OF IDAHO ) ss: County of Ada ) On this 11th day of December, 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT W. NAHAS, known to me to be the Executive Vice-President of R.T. NAHAS COMPANY OF IDAHO, an Idaho Corporation, the Corporation that executed the foregoing Instrument or the person who executed the foregoing instrument on behalf of said Corporation, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY ~_ pUBLtC ... .,~ O F ?.:.5 STATE OF IDAHO ) ss: County of Ada ) On this 11th day of December, 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared RONALD C. NAHAS, known or identified to me to a Trustee of The Ronald and Mary Nahas Family Trust u/t/a dated September 5, 1990, which Trust is a Member of Ez PROPERTIES, LLC, an Idaho Limited Liability Company, and the Trustee of the Member 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. ~~ ptdN STF v NOTARY -~- ~ '~°'L)pUBL1C ST9~ OF IDP~O DECLARATION (12/~/~1 Notary .Public for Idaho Residing at ,Idaho ` My Commission Expires: a.3 O 11 EXHIBIT A RECORD OF SURVEY NO. 6359 RECORD OF SURVEY FOR N PROPERTY LINE ADJUSTMENT FOR R.T NAHAS COMPANY AND E2 PROPERTIES ~~ LOTS 12-17, BLOCK 2 OF CENTRAL VALLEY CORPORATE PARK N0. 5 ~~ IN THE WEST 1/2 OF SECTION 18, T.3N., R.1 E., B.M. MERIDIAN, ADA COUNTY, IDAHO IDANO SURVEY GROUP, P.C. ns w+ NERIOIAN, IDAHO f'~~ 5 ]I,o. -2003- / / / ,< w I„ ~/ ~ ial~s~r a b Iw ~ / xo w 5 691Y00' E _ ru w• SCALE: 1' 60• yy/ j ~_ 1]1.65' - /•b / / mo I rt wand ~ ~_ / ,`F,ry / / / 0 Iw ~ / i Sdd'3~ I^' f e.~ % L 17 / 8 SI3 / v / yn / ~ / ~w ~~` =__J Ig ~ 7d4'/ / .E h ~4vi/•~ y/8/~ . \~~~ / ' ~`/ tic'/; lei ~. / ? ~~ / pU/ yQ,/ I} \~~l / / / / ~ / / / / / la T L xw- - ;~ LI L ~ tl rts w, y I' n ~ 7~ 9 4l O /f J I IS I f~~~~ y LL r I P N I • s4 I M T / .t ZfY FI I / p • I N V _____ __ J ~ I t V' _ I ' , I ~Nno.ooc Sry~_________________ P P~~ w w S -~sYPL-- _ __ 630.75' w a°s rm'c / / ~` N ~ .y. ~/ zW ~~` / ay / r ~` / ~~ ~ ~~ _______ __ I•_ ~` IP ~ - ~- - - - - N 90DC00' W CENTRAL VALLEY CORPORATE PARK N0. C URVE DATA: c-I Isar Iz.. w• IM Ir snvr lr[ Srzra• -x czar Iz +.• n.w xa•zr orv ar+r sr s •r . LINE TABLE: r-I sm•a•orc aar HOIE: I. tl 4 M 0[R O MS f/1Ki' /LL LOIf Il0 nNICY Y[ NISCi r0 M [hLlplf N]Ili]S V N~/.a~f Y/Zi r1R MRYD3 V /M falxri •p~V~ W S NLl[tD N 1 M N:WY}Ip OI MS ,TtONI ~ ]TINT DIf IAi dML M AP! V M NMmf LO M(T PNG9Y 145m NSIIi 01 TO YY.. NNDI tllMlNl(( WSr +CLQiNR 9q1 /• OI.WfL N ONS1Bf. • I FfFNf) ipll0 !/C IA011 NN AS NOIEO ~ SET I N ~.• waN rw r RS >]iY • SET 3/a- N 3a' [ION Pw r/cY vLS mo AOAISiED [wOPEAtt LNE _ _ _, _ _ _ _ _ _ _ gAT1E0 LOi LINE IS RATLED t0i NVYBER EXHIBIT A -Page 1 of 1 EXHIBIT B LEGAL DESCRIPTION FOR IRRIGATION LINE CENTRAL VALLEY CORPORATE PARK NO. 5 IRRIGATION EASEMENT A 10.00 foot wide irrigation easement located in Lots 12, 13, 14 and 15, Block 2 of Central Valley Corporate Park No. 5, as same is recorded in Book 73 of Plats at Page 7535, records of Ada County, Idaho, more particularly described as follows: Commencing at the corner common to said Lots 12 and 13, lying on the southeasterly right-0f--way of S. Progress avenue; thence along said right-of--way North 28°28'00" East, 4.45 feet to the REAL POINT OF BEGINNING of a 10.00 foot wide strip of land being 5.00 feet left and right of the following described lines: Soufh 62°09'41" East, 188.40 feet; North 90°00'00" East, 490.00 feet; North 00°00'00" East, 70.00 feet; North 21°41'34" West, 96.03 feet to the terminus of said lines on the northeasterly boundary of said Lot 15, sidelines shortened or extended as required to form a continuous strip of land. EXHIBIT B -Page 1 of 1