The URL can be used to link to this page

Home My WebLink AboutProperty Boundary AdjustmentI E IDIAN C�W, IDAHO N I! Id May 8, 2014 Mr. John Austin John Austin Surveying 10636 W. Cranberry Boise, ID 83713 RE: Hark's Corner — PBA -14-003 Dear Mr. Austin: Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba This letter is to confirm that the Director tentatively approved your property boundary adjustment application for the subject property. In accord with UDC 11 -6B -8C.2, the applicant or owner shall have one year to complete the following tasks: a. Cause the property to be surveyed and a record of survey recorded; b. Execute and record the necessary deeds to accomplish the property boundary adjustments as approved; c. Obtain new tax parcel numbers from the Ada County Assessor; and d. Provide copies of the recorded record of survey, recorded deeds, and the new tax parcel numbers to the director. Upon determination by the Director that the final property boundary adjustment is in conformance with UDC 11- 6B-8, a letter of approval will be issued. If you should have any further questions regarding this matter, please don't hesitate to contact Sonya Watters at (208)884-5533. Thank you for contributing to the success of Meridian. Please help us serve you better in the future. Visit our web -site at www.meridiancii�org//Plannin / to fill out a comment card and give us feedback on how we are doing. Aincerely, Caleb Hood, AICP Planning Division Manager CH: sw Community Development Department - Planning Division • 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 Fax 208-888-6854 www.meridiancity.org Type of Review Requested (check all that apply) Accessory Use Alternative Compliance Certificate of Zoning Compliance Certificate of Zoning Compliance Verification Conditional Use Permit Minor Modification Design Review ivate Street o e Boundary Ad'ustment tme xtens�on irector) Vacation Other STAFF USE ONLY: File number(s): Project name: Date filed: Date complete: Assigned Planner: Related files: _ Applicant Information Applicantname: ianm AvSTjN $uA%#&1,At� Phone: Za'8`E •3�d2Q1 Applicmt addrems: to (0 3 b 4J . CRAtueowk s !% Email: _ JSa, 6 co Cable one. ne City: Sol sa' State: l D Zip: -53 71 3 Applicant's interest in property: Own Rent Optioned Other 1x /gG6N T Owner name: � fir f;e x W Al. L hFN 7uR�S L Lr— .W.—CAPITALp 208 - t 9 y - 80, Owner address: QO ,S O)C VA 0 % 132. Email: _ T60cey '"1 a CegMee• •CDM City: flex S Lr State: Lit— Zip: —63 71 OR ' 0182 Agent name (v.g., architect, engineer, devek0per, reFeseDbhVe): Firm name: 4'rn,N ma A _V S T/ N Sy N ¢ Phone: 'Zp�j- 8(�3 `� Z 9i Owner address: -: M Co 3 e. C RAN B ERR-, i7• Email: _,i S4 601 -Se Ael City: 1q 01 C &- State: Z D Zip: 03 7/ Primary contact is: Applicant Owner Agent er Contact name: 19604 A V S T'0 P Phone: _ Zo6 •g63 'la 292 Contact address: C0694- Lc,,, • e6RAW R6*&�% Email: _ 9OL60 i SO &P 4*WL* ate. 401 City: C 01 S State: sD _ Zip: -637/.? Subject Property Information Location/street address: G.) - +*A W(G o N je D, M L R t p t A W) ! D 836 y Z Assessor's parcel number(s): 10 Township, range, section: T.; A(/4 l IV - y Total acreage: 3. 6 15 Current land use: Co rhM ERC- SAM L Current zoning district: C - C Project Description �i?wtE`@ - l.D'r$ 1 — 45VAN H �S Project/subdivision name:. /4A R K 5 g LOG k/ sV8 D f Ali ► fl tV General description of proposed project/request: C R�im y VA ' LS f RO N 5 Z,pZ's Proposed zoning district(s): C' C Acres of each zone proposed: -3 —.G( s Type of use proposed (check all that apply): Residential Commercia Of Industrial Other Who will own & maintain the pressurized irrigation system in this development? 1 N10r v / J>VA - Oast A'Ear Which irrigation district does this property lie within? Primary irrigation source: Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) Number of residential units: Number of building lots: _ Number of common lots: Number of other lots: Proposed number of dwelling units (for multi -family developments only): I bedroom: 2 - 3 bedrooms: 4 or more bedrooms: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): Gross density (Macre-total land): Percentage of open space provided: Percentage of qualified open space acreage: Proposed building height: Average property size (s.f.): _ Net density (DU/acre-excluding roads & alleys): Acreage of open space: _ (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Amenities provided with this development (if applicable): Type of dwel1mg(s) proposed: Single-family Detached Single-family Attached Townhomes Duplexes Multi -family Other Non-residential Project Summary (if applicable) Number of building lots: Other lots: _ Gross floor area proposed: Existing (if applicable): Hours of operation (days and hours): Building height: Percentage of site/project devoted to the following: Landscaping: Building: Paving: Total number of employees: Number and ages of students/children (if applicable): Total number of parking spaces provided: Number of compact spaces provided: — Authorization Print applicant name: HN� ST N.1 ! Applicant signature: Bate: Project name: 4oRWaK. %0O 9 File #: Applicant/agent: AV Mai S v vc IN All applications are required to contain one copy of the following unless otherwise noted: Applicant (4) Staff Description (4) Please provide two (2) copies of each of the items listed below: Completed & signed Administrative Review Ap lication Narrative fully describing the requested property boundary adjustment Legal description (metes and bounds) of the new pro boundaries and closure sheet ,— Recorded warranty deed for the subject property V" Affidavit of Legal Interest signed & notarized by the property owner (if owner is a corporation, submit a copy of the Articles of Incorporation or other evidence to show that the person signing is an authorized agent.) Scaled vicinity map showing the location of the subject property Existing recorded plat in which the subject propeaV lies 8 ''/z" x 11" if applicable) r/ Existin Record of Surve s used and/or referenced 8 ''h" x 11" Record of Survey 18" x 24" paper co Parcel verification letter from Development Services 887-2211 Fee Property boundary adjustments are allowed for the adjustment of property lines between existing properties, and to allow for the reduction in the number of buildable lots. A property boundary adjustment does not vacate the platted lot lines or easements of a recorded subdivision (UDC 11-0-8). APPLICATION WILL NOT BE ACCEPTED UNLESS ALL ITEMS ON THE CHECKLIST ARE SUBMITTED. JeJ u)cxrds e Pl'10•ot-i C4. aeQ JOHN AUSTIN SURVEYING, P.C. JOHN S. AUSTIN, LICENSED LAND SURVEYOR 10636 WEST CRANBERRY STREET BOISE, IDAHO 83713 Cell - (20863-6292 Ofrwe - (208) 377-9808 a -mail: kaboisena,cableone.net Narrative of Harks Comer property boundary adjustment April 1, 2014 Prepared for: Jacksons Food Stores, Inc., L&J Capital Ventures LLC, and Franklin Investment Co., Inc Page 1 of 2 pages Lots 1 dim 5 were created initially by the Van Hees Subdivision Plat, dated June 10, 1948 and recorded in Book 12 of Plats at Page 688. Record of Survey No. 5433 dated June 18, 2001 showed the ownership divided into two parcels, the western parcel containing Lots 1 and 2 and the eastern parcel containing Lots 3, 4 and 5. Record of survey No. 5574 dated October 17, 2001 adjusted the property line between the western parcel (now Parcel 2) and the eastern parcel (now Parcel 1) to remove the east 25 feet of Lot 2 from Parcel 2 and add it to Parcel 1. The C -store, car wash, and coffee kiosk were constructed in 2002. Record of Survey No.7938 dated June 12, 2007 split Parcel 1 into Parcels A and B, and left Parcel 2 as Parcel C. Deeds were recorded conveying Parcel A to Jacksons Food Stores, Inc, Parcel B to L&J Capital Ventures. (Parcel B was later conveyed to Jeffrey & Tamara Hall, then conveyed to Synergy Capital LLC, and then conveyed back to L&J Capital Ventures, LLC) and Parcel C to Franklin Investment Co., Inc. We have not been able to find any approval documents from the City of Meridian for the creation of these three parcels. Site plan approval and building permits were issued, however. Parcel B has the car wash facility on the south portion of the lot, and the Dutch Bros Coffee kiosk on the north portion. It is desired by L&J Capital Ventures, Inc. to convey as separate property to Yarnall Operations LLC the north portion of Parcel B which contains the Dutch Bros. Coffee kiosk while retaining in their ownership the south portion which contains the car wash. Since the City of Meridian does not recognize the previous Property Line Adjustments (which apparently did not get city approval), we would like at this time to gain City of Meridian approval to reduce the 5 original lots of the Van Hees Subdivision into four parcels, numbered 1 thru 4, of which Parcel 1 would be Parcel A of ROS 7938, Parcel 4 would be Parcel C of ROS 7938, and Parcels 2 and 3 would be the north portion (Dutch Bros. Coffee) and south portion (car wash) of Parcel B of ROS 7938. No construction or change to the existing site is contemplated. Continued on Page 2 Narrative of Harks Corner property boundary adjustment April 1, 2014 Prepared for: Jacksons Food Stores, Inc., L&J Capital Ventures LLC, and Franklin Investment Co., Inc Page 2 of 2 pages All access to the four parcels will be through existing access points, 2 on Franklin Road and 1 on Linder Road. There presently exists a cross -access easement between Jacksons Food Stores, Inc. (proposed Parcel 1) and L&J Capital Ventures, LLC, (proposed Parcels 2 & 3), recorded as Instrument 107091259. Franklin Investment Co., Inc. (proposed Parcel 4), Yarnall Operations LLC (proposed Parcel 2) and L&J Capital Ventures LLC (proposed Parcel 3) have entered into a new Cross Access / Common Driveway / Cross Parking Agreement (copy attached herewith) which will be recorded at the same time as the deed from L&J Capital Ventures LLC to Yarnall Operations LLC upon approval from the City of Meridian for this proposed Property Line Adjustment. #44-- Prepared by: C John S. Austin, PLS John Austin Surveying, PC acting as agent. After recording return to: Jeffrey Hall Cushman & Wakefield j Commerce 398 South 9th Street, Suite 260 Boise, Idaho 83702 Cross Access / Common Driveway / Cross Parking Agreement This cross access / common driveway / cross parking agreement (the "Agreement") is hereby made on this day of , 2014; between Franklin Investment Co, LLC, Yarnall Operations LLC and L&J Capital Ventures LLC; Recitals A. Franklin Investment Co, LLC is the owner of real property more fully described on Exhibit "A" (legal description) attached hereto and incorporated herein by this reference (as "Parcel 4"); B. Yarnall Operations LLC is the owner of real property more fully described on Exhibit "B" (legal description) attached hereto and incorporated herein by this reference (as "Parcel 2"); C. L&J Capital Ventures LLC is the owner of real property more fully described on Exhibit "C" (legal description) attached hereto and incorporated herein by this reference (as "Parcel Y); C. The parties to this agreement desire to create/grant a perpetual easement on, over, upon, and across portions of each property (Parcel 2, Parcel 3, and Parcel 4) for purposes of vehicular and pedestrian ingress and egress to and from, and non-exclusive parking rights, and for all other uses expressly contemplated by this agreement; D. The parties agree that these mutual easements will be defined, at a minimum, by the designated areas in Exhibit "D" (property layout with hatched areas) for Parcel 2 and Exhibit "E" for Parcel 3 (property layout with hatched areas) and Exhibit "F" (property layout with Page I 1 Cross Access / Common Driveway / Cross Parking Agreement hatched areas) for Parcel 4. These exhibits are hereby defined as the "Easement Areas" and attached hereto. 1. Granting of Easements 1.1 Cross Access Easement. The interested parties representing Parcel 2, Parcel 3 and Parcel 4, hereby grant and convey perpetual, non-exclusive, mutual cross access easements for purposes of vehicular and pedestrian ingress and egress on, over, upon, and across the areas defined in the Easement Areas. 1.2 Common Driveway Easement. The interested parties representing Parcel 2, Parcel 3 and Parcel 4, hereby grant and convey perpetual, non-exclusive, mutual common driveway easements for purposes of vehicular ingress and egress on, over, upon, and across the areas defined in the Easement Areas. 1.3 Cross Parking Easement. The interested parties representing Parcel 2, Parcel 3 and Parcel 4, hereby grant and convey perpetual, non-exclusive, mutual cross parking easements for use of all parking spaces within the areas defined in the Easement Areas. 2. Maintenance 2.1 Maintenance of Easement Areas. Each party, at its sole cost and expense, shall maintain and keep the easements areas in a commercially reasonable condition and state of repair. 3. Mutual Indemnities 3.1 Indemnity. Each party held by this Agreement will indemnify, defend, and hold harmless the other for, from, and against any and all claims suffered or incurred in connection with any alleged bodily injury or property damage arising out of use or enjoyment of the Easements Areas, unless caused by negligence or willful misconduct. 4. Run with the Land 4.1 The covenants, conditions, restrictions, easements, and the other provisions of this Agreement shall run with and be appurtenant to each portion of Parcel 2, Parcel 3 and Parcel 4, and shall be binding upon each portion of Parcel 2, Parcel 3 and Parcel 4 and the Owner(s) thereof and all successors in title to any portion of Parcel 2, Parcel 3 and Parcel 4 during their respective ownership. 5. Modification 5.1 The terms and conditions of this Agreement may be abrogated, modified, rescinded or amended in whole or in part only by written instrument executed by all the then Owners of Page 12 Cross Access / Common Driveway / Cross Parking Agreement Parcel 2, Parcel 3 and Parcel 4, (and their mortgagees), and recorded with the County Recorder of Ada County, Idaho. IN WITNESS WHEREOF, this Agreement has been made as of the effective date. FRANKLIN INVESTMENT CO, LLC an Heef, Manager STATE OF IDAHO ) ss. County of Ada ) The foregoing instrument was acknowledged before me this "79- day of , 2014, by Larry Van Hees, as Managing Member of Franklin Investment Co, LLC, an Idaho limited liability company, on behalf of the company. Notar Public for Idah My Commission expires: 23 Page 13 Cross Access / Common Driveway / Cross Parking Agreement YARNALL OPERATIONS LLC STATE OF IDAHO ) ss. County of Ada ) The foregoing instrument was acknowledged before me this day of , 2014, by Jeff Yarnall, as Managing Member of Yamall Operations LLC, an Idaho limited liability company, on behalf of the company. o'•••••'ER'R •. c� % 'P (J G -•TE�OF tart' Pub ' for Idaho My Commission expires: Page 14 Cross Access / Common Driveway / Cross Parking Agreement L&J CAPITAL VENTURES LLC Jeffrey Hall, Manager STATE OF IDAHO ) ss. County of Ada ) The foregoing instrument was acknowledged before me this ,5/ day of , 2014, by Jeffrey Hall, as Managing Member of L&J Capital Ventures LLC, an Idaho limited liability company, on behalf of the company. tary Pu is for Idaho My Commission expires: Page 15 Cross Access / Common Driveway / Cross Parking Agreement Property Master 03/19/2014 Year Parcel # status Property Type 2014 R89M00020 Active Real Property Code Area State Parcel # 03 M2007000003A Owner Information 1 Name JACKSONS FOOD STORES INC Mailing Address ATT: JEFF JACKSON 3450 E COMMERCIAL CT MERIDIAN 1D 83642-0000 Description PAR#0020 OF LOTS 03-05 VAN HEES SUB (MERIDIAN) PARCEL A R/S 7938 #0100-S Physical Location Address 1625 W FRANKLIN RD MERIDIAN ID 83642-0000 Group Type SUB Group # 895600 Description VAN HEES SUB MERIDIAN Zoning C -C Township/Range/Section 3N l W 14 h Additional Owners Active 210 Active 420 i j Assessment Not -Certified 1.515 448,800 Property Roll Non -occupancy mf►xluc, 883,500 Property Roll Non -Occupancy INCOME 1,332,300 Less Homeowners Exemption 1,332,300 State Category Assessed Assessment Property Valuation Statns Code Acres Value Roll Occupancy Method Active 210 Active 420 i j Assessment Not -Certified 1.515 448,800 Property Roll Non -occupancy mf►xluc, 883,500 Property Roll Non -Occupancy INCOME 1,332,300 Less Homeowners Exemption 1,332,300 Property Master 03/05/2014 Year Parcel # Status Property Type 2014 R8956000050 Active Rea! Property Code Area State Parcel # 03 M2007000MB Owner Information Name S Mailing Address P O BOX 190182 BOISE ID 83719-0182 .FT 64f 1414-1 .Description PAR#0050 OF LOTS 02 & 03 VAN HEES SUB (MERIDIAN) PARCEL B RIS 7938 #0100-B L4CI Physical Location Address 1711 W FRANKLIN RD Assessed MERIDIAN ID 83642-0000 Group Type SUB Group # 895600 Description VAN HEES SUB MERIDIAN Zoning C -C Township/Range/Section 3N IW 14 State Category Assessed Assessment Property Valuation Status Code Acres Value Roll Occupancy Method Active 210 0.720 Active 420 Active 420 186,600 Property Roll 207,600 Property Roll 181,000 Property Roll 575,200 Noxi -Occupancy MARKET Non -Occupancy INCOME Non -Occupancy INCOME Less Homeowners Exemption Assessment Not -Certified 575,200 1 Property Master 03/19/2014 Year Parcel # Status Property Type 2014 R8956000010 Active Real Property Code Area 03 Owner Information Name FRANKLIN INVESTMENT CO LLC Mailing Address PO BOX 6770 KETCHUM 1D 83340-0000 Description PAR #0010 OF LOTS 01-02 VAN HEES SUB (MERIDIAN) PARCEL 2 R/S 5574 #0008-S State Parcel # M2007000001C Additional Owners Physical Location Property Roll Assessed Address 1767 W FRANKLIN RD Valuation MERIDIAN 1D 83642-0000 Group Type SUB Group # 895600 Description VAN HEES SUB MERIDIAN Zoning C -C Township/Range/Section 3N IW 14 Additional Owners Active 210 1.380 State Category Property Roll Assessed Assessment Property Valuation States Code Acres Value Roll Occupancy I Method I Active 210 1.380 357,700 Property Roll Non -Occupancy MARKET Active 420 538,800 Property Roll Non -Occupancy INCOME Active 420 410,900 Property Roll Non -Occupancy INCOME Active 420 306,200 Property Roll Non -Occupancy INCOME 1,613,600 Less Homeowners Exemption Assessment Not-CertMed 1,613,600 Description of: PARCEL 2 EXHIBIT A Dutch Bros. Coffee March 20, 2014 A portion of Lot 2 and a portion of Lot 3 of Block 1 of the Van Hees Subdivision, the official plat for which is recorded in Book 12 at Page 688, being a portion of Parcel B as shown on a Record of Survey No. 7938 by Tom Eddy Land Surveying for Van Hees Properties, LLC dated May 6, 2007, said parcel being located in the NEI/a NE'/a of Section 14, T.3 N., R.1 W., B.M., City of Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at a brass cap monument in the intersection of Franklin Road with Linder Road which marks the northeast corner of said Section 14; thence, N.89°13'17"W., 300.15 feet along the north line of said Section 14 (centerline of said Franklin Road); thence, S.00" 32'04"W., 45.00 feet to an'V chiseled into a concrete curb, said point also marked by a 5/8 inch rebar witness comer set 0.2 feet west of said point and being the POINT OF BEGINNING; thence, S.00 -32'04"W., 105.00 feet along the east line of said Parcel B to a %2 inch rebar; thence, N.89 -35'10"W., 125.00 feet through said Parcel B to a %2 inch rebar in the west line of said Parcel B; thence, N.00°32'04" E., 105.80 feet along said west line to a point under the sidewalk in the south sideline of Franklin Road, said point also marked by a 5/8 inch rebar witness comer set 1.0 feet south of said point; thence, S.89 -13'17"E., 125.00 feet along said south sideline of Franklin Road to the POINT OF BEGINNING, said PARCEL 2 containing 13,175 square feet or 0.302 acres, more or less. Prepared by: John S. Austin Idaho PLS 5081 Description of: PARCEL 3 EXHIBIT A L & J Capital Ventures LLC March 20, 2014 A portion of Lot 2 and a portion of Lot 3 of Block 1 of the Van Hees Subdivision, the official plat for which is recorded in Book 12 at Page 688, being a portion of Parcel B as shown on a Record of Survey No. 7938 by Tom Eddy Land Surveying for Van Hees Properties, LLC dated May 6, 2007, said parcel being located in the NE'/4 NEI/4 of Section 14, T.3 N., R.l W., B.M., City of Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at a brass cap monument in the intersection of Franklin Road with Linder Road which marks the northeast corner of said Section 14; thence, N.89 -13'17"W., 300.15 feet along the north line of said Section 14 (centerline of said Franklin Road); thence, S.00° 32'04"W., 45.00 feet to an "x" chiseled into a concrete curb, said point also marked by a 5/8 inch rebar witness comer set 0.2 feet west of said point; thence, S.00°32'04"W., 105.00 feet along the east line of said Parcel B to a %2 inch rebar at the POINT OF BEGINNING; thence, S.00°32'04"W., 146.00 feet along said east line to the southeast comer of said Parcel B, said point also marked by a 5/8 inch rebar witness corner set 2.3 feet north of said point; thence, N.89 -13'17"W., 125.00 feet along the south line of said Parcel B (south lines of Lots 2 and 3 of said Van Hees Subdivision) to the southwest comer of said Parcel B, said point also marked by a 5/8 inch rebar witness comer set 5.0 feet north of said point; thence, N.00"32'04"E., 145.20 feet along the west line of said Parcel B to a %2 inch rebar; thence, S.89°35'1 0"E., 125.00 feet through said Parcel B to the POINT OF BEGINNING, said PARCEL 3 containing 18,200 square feet or 0.418 acres, more or less. Prepared by: John S. Austin Idaho PLS 5081 AFTER RECORDING MAIL TO: L & I Capital Ventures LLC PO Box 190182 Boise, Idaho 83719-0182 ADA COUNTY RECORDER Christopher D. Rich AMOUNT 16.00 BOISE IDAHO 03131114 03:26 PM DEPUTY Lisa Batt RECORDED -REQUEST OF 114023462 L & J Capital QUITCLAIM DEED Date: March -Sk . 2014 For Value Received, Synergy Capital LLC, an Idaho limited liability company, do(es) hereby convey, release, remise, and forever quit claim unto L & I Capital Ventures, LLC, an Idaho limited liability company, whose address is PO Box 190182, Boise, ID 83719, the following described premises in Ada County, Idaho, to -wit: Legal Description attached hereto as Exhibit A, and by this referenced incorporated herein. together with their appurtenances. Dated: rA ?"Icbk 3- k , 20 %4 Page 1 of 3 Synergy Capital LLC Jeff Ha , Manager STATE OF Idaho ) ss. COUNTY OF Ada ) On this 3 Y day of April , in the year 2014, before me, a Notary Public in and for said State, personally appeared Jeffrey Hall, known or identified to me to be the person(s) whose name(s) is/were subscribed to the within Instrument as one of the Manager of Synergy Capital LLC, which is known or identified to me to be the entity whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in said Limited Liability Company's 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. rg(6rjPubV66fAdaho, Residing at: , ID My Commission Expires:.. ze�4- B. , • �OTARr i P U 1i;�1GP,8 op NO Page 2 of 3 EXHIBIT A LEGAL DESCRIPTION: Real property in the County of Ada, State of Idaho, described as follows: A PARCEL OF LAND SHOWN AS PARCEL B OF RECORD OF SURVEY 7938 RECORDED AS INSTRUMENT NO. 107083896, BEING A PORTION OF LOT 2 AND LOT 3, VAN HEES SUBDIVISION, AS FILED FOR RECORD IN BOOK 12 OF PLATS AT PAGE 688, ADA COUNTY RECORDS, BOISE, IDAHO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS CAP MARKING THE NORTHEASTERLY CORNER OF SECTION 14, T.3N.,R. I W., B.M., ADA COUNTY, IDAHO; THENCE SOUTH 0033'08" WEST 296.00 FEET ALONG THE EASTERLY BOUNDARY OF SAID SECTION 14, WHICH IS ALSO THE CENTERLINE OF SOUTH LINDER ROAD TO A POINT; THENCE LEAVING SAID EASTERLY BOUNDARY AND CENTERLINE NORTH 89013'17" WEST 36.00 FEET TO AN IRON PIN MARKING THE SOUTHEASTERLY CORNER OF LOT 5 WHICH IS ALSO THE WESTERLY RIGHT-OF-WAY OF SOUTH LINDER ROAD; THENCE NORTH 0033'08" EAST 225.59 FEET TO AN IRON PIN MARKING AN ANGLE POINT IN THE RIGHT- OF-WAY OF SOUTH LINDER ROAD; THENCE NORTH 40044'40" WEST 33.94 FEET ALONG SAID RIGHT-OF-WAY TO AN IRON PIN MARKING AN ANGLE POINT ON THE RIGHT-OF-WAY OF WEST FRANKLIN ROAD; THENCE NORTH 89013'17" WEST 241.72 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY OF WEST FRANKLIN ROAD TO A PK NAIL IN THE FACE OF THE CONCRETE CURB MARKING THE NORTHWESTERLY CORNER OF PARCEL A WHICH IS ALSO THE NORTHEASTERLY CORNER OF PARCEL B AND THE REAL POINT OF BEGINNING OF PARCEL B; THENCE CONTINUING NORTH 89013'17" WEST 125.00 FEET ALONG SAID SOUTHERLY RIGHT-OFWAY OF WEST FRANKLIN ROAD TO AN IRON PIN; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY OF WEST FRANKLIN ROAD SOUTH 0032'09" WEST 251.00 FEET ALONG SAID WESTERLY BOUNDARY OF PARCEL B TO AN IRON PIN; THENCE LEAVING SAID WESTERLY BOUNDARY SOUTH 89013'17" EAST 125.00 FEET ALONG THE SOUTHERLY BOUNDARY TO A POINT; THENCE LEAVING SAID SOUTHERLY BOUNDARY NORTH 0032'09" EAST 251.00 FEET ALONG THE EASTERLY BOUNDARY TO THE POINT OF BEGINNING. APN: R8956000050,1711 W. Franklin Road, Meridian, Ada County, Idaho Page 3 of 3 Order No.: A0322012 S-10 AOA ootRtrr' R1010191 J. DAVID NAVAIN 2 lng IDAHO 161M 11:66 AM Tilb On AMM i.19 WARRANTY DEED FOR VALUE RECEIVED, VAN HEES PROPERTIES, LLC, an Idaho limited liability company, the Grantor, does hereby grant, bargain sell and convey unto FItA1� INVESTMENT CO., LLC, an Idaho limited liability company whose current address is PO Box 6770, Ketchum, ID 83340, the Grantee, the following described premises, in Ada County, Idaho, TO WIT. Parcel 2 of Record of Survey No. 5574 recorded October 17, 2001 as Instrument No. 101107795, being a portion of Lots 1 and 2 of VAN HEES SUBDIVISION, situated in the Northeast Quarter of the Northeast Quarter of Section 14, Township 3 North, Range West, Boise Meridian, Ada County, Idaho, as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 12 of Plats at Page 688, and more particularly described as follows: Commencing at a brass cap marking the Northeast corner of Section 14, Township 3 North, Range 1 West, Boise Meridian, from which an iron pin monumenting the Southeast corner of the Northeast Quarter of said Section 14, bears South 00033'08" West 2657.42 feet; thence along the easterly boundary of said Section 14, said easterly bounxlary also being the centerline of Linder Road South 00033108" West 296.00 feet to a point; thence leaving said boundary and centerline North 89013'17" West 425.06 feet to an iron pin on the southerly boundary of said Lot 2, said iron pin being the POINT OF BEGINNING; thence continuing North 89P13'17" West 239.47 feet to an iron pin being the Southwest corner of said Lot 1; thence along the westerly boundary of said Lot 1 North 00°33'43" East 251.00 feet to sn iron pin on the Soudwrl y right-of-way ofFranklin Road; thence along said southerly right-of-way South 89°13'17" East 239.35 feet to an iron pin; thence leaving said right-of-way South 00°32'09" West 2S 1.00 feet to the POINT OF BEGINNING. TO HAVE AND To HOLD tate said premises, with their appurtenances unto the said Gnostics, heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that it is the owner in fee simple of said premises; that they are free from all encumbrances EXCEPT: Subject to all existing patent reservations, easements, rights) of way, protective covenants, zoning ordinances, and applicable building codes, laws and regulations, general taxes and assessments,, including irrigation and utility easements (if any) for the current yew, which are not due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Dated: December 2003 VA$Vajn PROP TIE LLC By: ees, Manager State of Idaho ) ) ss. County of Ada ) On this day of December 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared Larry Van Hees known or identified to me to be a Member of the limited liability company that executed the within instrument and acknowledged to me that he executed the same for and on behalf of said limited liability company and that such limited liability company executed it. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this first above written. E"��Rtlwo No Public for Idaho (4, D.. My Commission Expires:o�'�`+ ADA COUNTY RECORDER J. DAVID NAVAMO AMOUNT 21.90 7 !� 6018E ID11N0 061TQ/01 04:36 PM DEPUTY am" RECORDID-ROW OF III/��I�tIIlIR1iI��IN Ilt Firg A=dW 107091259 RESERVATION OF CROSS ACCESS EASEMENT This Reservation of Cross Access Easement (this "Reservation") is made this j2��day of L,tA--e— , 2007, by Van Hees Properties, LLC, an Idaho limited liability company ("Van Hees"). RECITALS: A_ Van Hees is the owner of that certain real property legally described on the attached Exhibit , which is made a part hereof ("Parcel A"); and B. Van Hees is also the owner of that certain real property legally described on the attached Exhibit B, which is made a part hereof ("Parcel W); and C. Van Hees wishes to reserve for the benefit of the owners of Parcels A and B a non-exclusive cross access easement on, over, across and through the paved drive aisles (expressly excluding all parking areas) through -out Parcels A and B for purposes of vehicular and pedestrian ingress to, and egress from, Parcels A and B. NOW, THEREFORE, Van Hees hereby makes the following reservation: I . RESERVATION OF EASEMENT: Van Hees hereby reserves for the benefit of any and all owners of Parcels A and B, their successors and assigns, a non-exclusive cross access easement on, over, across and through the paved drive aisles (expressly excluding all parking areas) through -out Parcels A and B, the scope and purpose of which easement is for vehicular and pedestrian ingress to, and egress from, Parcels A and B by such owners and their tenants, employees, customers, invitees and licensees. 2. MAINTENANCE AND REPAIR: Each owner of Parcel A and each owner of Parcel B shall maintain, repair and replace his/her/its respective Parcel, at his/her/its sole cost; provided that, in the event the need for any maintenance, repair or replacement is caused by any such owner, or his/her/its respective tenants, employees, customers, licensees or invitees, such owner shall be solely responsible for such maintenance, repair and replacement costs. 3. BINDING EFFECT: All provisions of this Reservation, including the benefits and burdens, nun with the land and are binding upon and inure to the benefit, obligation and use of the heirs, successors and assigns of the owners of Parcels A and B. A. REMEDIES: In the event of a breach hereunder by any party, the non -breaching party shall have all remedies available at law or in equity, including injunctive or other equitable relief. In any suit, action or appeal therefrom to enforce or interpret this Reservation, the ME"AT10% OF CROSS ACCESS EASEMENT - t i 1 r prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees and costs, and also including reasonable attorneys' fees and costs associated with I any appeal or bankruptcy proceeding. i 5. MODIFICATION: This Reservation shall not be modified unless agreed to in writing by atf owners of Parcels A and B. b. NO -MERGER: The easements reserved herein shall not merge into the fee ownership interest of Van Hees, but shall remain independent of such ownership. i IN WITNESS WHEREOF, the undersigned has caused this Reservation to be executed the dayattd year first above written. l Van Hees Properties, LLC, an Idaho limited liability company a ' By. CN i L y V Hees, Manager By. C Snyder, ger RESERVATION Of CROSS ACCESS EASEMENT - 2 STATE OF IDAHO ss. County of Ada ) On this day of JUAt 2007, before me, the undersigned, a Notary ,Public in and for said State of fdaho, personally appeared Larry Van Hees, known or identified to me to be a manager of Van Hees Properties, LLC, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for and on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. t*Y- N01A Y URQC fo aho ="PM R ding at BozR, /� N My commission expires:-� � STATE OF IDAHO ) ss. County of Ada ) On this eqLday ofAV A Y , 2007, before me, the undersigned, a Notary Public in and for said State of Idaho, personally appeared Carol Snyder, known or identified to me to be a manager of Van Hees Properties, LLC, the person whose name is subscribed to the { foregoing instrument, and acknowledged to me that she executed the same for and on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Q4" fo aho Resi/AO My commission expires: RESERV ATtON OF CROSS ACCESS EASEMMT • 3 AMY s71* �`�9�i 2603,, °.. 60LIC r i i See attached. Exhibit A Parcel A Legal Description I RESERVATION OF CROSS ACCESS EASEMENT - 4 PARCEL A % LOT UNE AMM"ENT SVRVEY %0. 7938, RE ORDED 1UNE 12, 2007, AS INSTRUMENT NO. 107083896, BEING A PARCEL OF LAND BEING LOTS 4 & S AND A PORTION OF LOT 3, VAN HESS SUBDIVISION, AS FILED FOR RECORD IN BOOK 12 OF PLATS AT PAGE 698 IN THE ADA COUNTY COURT HOUSE, BOISE, IDAHO, AND MORE PARTICULARLY DESCRIBED AS Fo(ko NS: BEGINNING AT A BRASS CAP MARKING THE NORTHEASTERLY CORNER OF SECTION 14, T.3N., RAW., B.M., ADA COUNTY, IDAHO; THENCE SOUTH 00 33' O9" WEST 296.00 FEET ALONG THE EASTERLY BOUNDARY OF SAID SECTION 14, WHICH IS ALSO THE CENTERLINE OF SOUTH UNDER ROAD TO A POINT; T WA(a LEAVM Stili EASTMY BOUNDARY AND C2:iMMLINE AMM 89' LV 17" WEST 36 OD FEET TO AN IRON PIN MARKING THE SOUTi1E1STERLY CORNER OF LOT 5, WHICH IS ALSO THE WESTERLY RIGHT-OF-WAY OF SOUTH LINDER ROAD AND THE REAL POINT OF BEGINNING; T HEtia NORTH 0° 33' Or FAST 225.59 PWT TO AN "P1" MARKING AN ANGLE POINT IN THE RIGHT-OF-WAY OF SOUTH UNDER ROAD; THENCE NORTH 404 44' 40" WEST 33.94 FEET ALONG SAID RIGHT-OF-WAY TO AN IRON PIN 14ARKING AN ANGLE POINT IN 771E RLGH T' -OF -WAY OF WEST FRAlWt N ROAD; THENCE NORTH 9V 13' 17"'WEST 241.72 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY OF WEST FRANKLIN ROAD TO A PK NAIL IN THE FACE OF THE CONCRE IE CURB;. THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY OF SAID WEST FRANKLIN ROAD SOUTH 0° 32'09" WEST 251.00 FEET ALONG THE WESTERLY RIGHT-OF-WAY OF SAID PARCEL A TO AN IRON PIN; THENCE LEAVING SAID WESTERLY BOUNDARY SOUTH 89' 13' 1T EAST 264.06 FEET TO THE POINT OF BEGINNING. i See attached. Exhibit B Parcel B Legal Description i i i RESERVATION OF CROSS ACCESS EASEMENT - S i - z EXHIBIT. LEGAL DESCRIPTION: A PARCEL OF LAND SHOWN AS PARCEL B OF RECORD OF SURVEY 7938 RECORDED AS INSTRUMENT NO. 107083896, BEING A PORTION OF LOT 2 AND LOT 3, VAN HEES SUBDIVISION, AS FILED FOR RECORD IN BOOK 12 OF PLATS AT PAGE 688, ADA COUNTY RECORDS, BOISE, IDAHO AND MORE PAR77CULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS CAP MARKING THE NORTHEASTERLY CORNER OF SECTION 14, T.3N.,RAW., B.M., ADA COUNTY, IDAHO; THENCE SOUTH 0033'08" WEST 296.00 FEET ALONG THE EASTERLY BOUNDARY OF SAID SECTION 14, WHICH IS ALSO THE CENTERLINE OF SOUTH CINDER ROAD TO A POINT; THENCE LEAVING SAID EASTERLY BOUNDARY AND CENTERLINE NORTH 89013'17" WEST 36.00 FEET TO AN IRON PIN MARKING THE SOUTHEASTERLY CORNER OF LOT S WHICH IS ALSO THE WESTERLY RIGHT -0F -WAY OF SOUTH CINDER ROAD; THENCE NORTH 0033'08" EAST 225.59 FEET TO AN IRON PIN MARKING AN ANGLE POINT IN THE RIGHT-OF-WAY OF SOUTH CINDER ROAD; THENCE NORTH 40044'40" WEST 33.94 FEET ALONG SAID RIGHT-OF-WAY TO AN IRON PIN MARKING AN ANGLE POINT ON THE RIGHT-OF-WAY OF WEST FRANKLIN ROAD; THENCE NORTH 89013'1T WEST 241.72 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY OF WEST FRANKLIN ROAD TO A PK NAIL IN THE FACE OF THE CONCRETE CURB MARKING THE NORTHWESTERLY CORNER OF PARCEL A WHICH IS ALSO THE NORTHEASTERLY CORNER OF PARCEL B AND THE REAL POINT OF BEGINNING OF PARCEL B; THENCE CONTINUING NORTH 89°13'17" WEST 125.00 FEET ALONG SAID SOUTHERLY RIGHT -0F - WAY OF WEST FRANKLIN ROAD TO AN IRON PIN; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY OF WEST FRANKLIN ROAD SOUTH 0032'09" WEST 2SI.00 FEET ALONG -SAID WESTERLY BOUNDARY OF PARCEL B TO AN IRON PIN; THENCE LEAVING SAID WESTERLY BOUNDARY SOUTH 89013'17" EAST 125.00 FEET ALONG THE SOUTHERLY BOUNDARY TO A POINT; THENCE LEAVING SAID SOUTHERLY BOUNDARY NORTH 0032.'x9" EAST 2SlLjM FEET ALONG THE EASTERLY BOUNDARY TO THE POINT OF BEGINNING. AMM MRI' RMM J. DAVID NAVARRO AMOUNT 18.00 6 son E WAND 06M 04:36 Pill R cDEMW 'u' 0� III IINNai�NpIII�IMI IN Iu 107091260 i Jqw- V Requested Or and When Recorded Return to: Brian L Bedard HAWLEY TROXELL ENNIS & HAWLEY LLP Post 0lrice Box 1617 Boise. ID 83702-1617 SPECIAL WARRANTY DEED This Special Warranty Deed is made Oft 28th day of June, 2007, between Van Hees Properties, LLC, an Idaho limited liability company, whose address Is 1735 W. FranMin Road, Meridian, Idaho 83642, herein raferred to as "Grantor," and Jacksons Food Stores. Inc., a Nevada corporation, whose address is 3450 Commercial Drive, Meridian, Idaho 83642, herein referred to as "Grantee." witnesseth: That Grantor, fox and in consideniNion of the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt whereof Is hereby acknowledged, has granted, bargained, and sold, and does, by these presents, grant bargain, sell, convey. and conflrm unto Grantee and its successors and asslons forever, all of the following described real estate situated In the County of Ada, State of Idaho: See Exhibit"A" attached hereto, incorporated herein, and by this reference made a part hereof_ Together with all of Grantors right, We and interest in and to all water and water rights. ditch or irrigation company sures. streets, alleys and rights of way adjacent thereto. 80 mineral eights appoat®nmrt thereto, and sii and singWer the tenements, heriedltaitments, end appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all estate, right, title, and interest In and to the property, as well in law as in equity. Subject to current taxes and assessments and those certain reservations, liens, encumbrances, covenants, conditions, restrictions, rights -&-way, liabilities and easements set forth on QM " " attached hereto and by this reference made a part hereof. Grantor hereby binds itself to warrant and defend the title against only the acts of Grantor and those claiming by or through Grantor and none otter. subject to the matters above set torth. SPECIAL WARRANTY DEED -1 ou" W" 4700 01 ' IN WITNESS WHEREOF, Grantor has hereunto set its hand on the day and year first above written. r VAN VAEES PROPERNIE.S. LLC, an Idaho limited liability company By: tv a Van ees, Manager MV, STATE OF IDAHO ) County of Ada } On this & day of June, 2007. before me, the undersigned. a Notary Pubes in and for said State, personally appeared Larry Van Hees, known or identidbd to me to be a Manager of Van Hees Properties, LLC, an Idaho limited liability company, the comparry that executed the within Instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company executed the same. iN Wt1TNESS WHEREOF, I hmore hereunto my hand and aftad my 001011810401 the day and year In this certificate first above written_ Pti f dat%o r.1�- Residt D My commission expires ML w�lt.tC �t►�4F lD�� SPECIAL WARRANTY DEED - 2 ORO 0004 SMO 1 STATE OF IDAHO ) ss. County of Ada j On this �* day of June, 2007, before me, the undersigned, a Notary Public in and for said State, persorraily appeared Carol Snyder, known or identified to me to be a Manager of Van Hees Properties, LLC, an Wako limited liability company. the company that executed the within instrument or the person who executed the Instrument on behalf of said company, and acknaMedged to me that such company 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 writte Nbuwffol aha Residi Lam. _ My commission expires _ �'tra,ctc SPECIAL WARRANTY DEED - 3 =W w" mato r EXNMFrA PARCEL A OAF W -T U%S #&XSrAE%-T S13 IM 140.7938, RECOMED "IE 12, 2007, RS INSTRUMENT NO. 107083856, BEING A PARCEL OF LAND BEING LOTS 4 & 5 AND A PORTION OF LOT 3, VAN HEES SUBDIVISION, AS FILED FOR RECORD IN BOOK 12 OF PLATS AT PAGE 688 IN THE ADA COUNTY COURT HOUSE, BOISE, IDAHO, AND MORE PARTICULARLY DESCRIBED AS FOLLo*s. BEGINNING AT A BRASS CAP MARKING THE NORTHEASTERLY CORNER OF SECTION 14, T.3N., RAW., B.M., ADA COUNTY, IDAHO; THENCE SOUTH 00 33' 08" WEST 296.00 FEET ALONG THE EASTERLY BOUNDARY OF SAID SECTION 14, WHICH IS ALSO THE CENTERLINE OF SOUTH UNDER ROAD TO A POINT; IWNGE LEAVING SAID EASTERLY 60LIYDARYAN!D COV78LWE NORTH 89' 18' tT WEST 36.00 FEET TO AN IRON PIN MARKING THE SOUTHEASTERLY CORNER OF LOT 5, WHICH IS ALSO THE WESTERLY RIGHT -0F -WAY OF SOUTH LINDER ROAD AND THE REAL POINT OF BEGINNING; THENCE %OKM Ob 33' 08" EAST 225.59 ?M'TO AN 110" ?1" t+MUMG AN ANGLE POINT 1% THE RIGHT-OF-WAY OF SOUTH LINDER ROAD; THENCE NORTH 400 44' 40" WEST 33.94 FEET ALONG SAID RIGHT-OFWAY TO AN IRON PIN MARKTNE, AN ANGLE FlOffr IN THE RfGH -OFWAY OF WEST FRAMM ROAD; THENCE NORTH a° 13' 17w 'WEST 241.72 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY OF WEST FRANKLIN ROAD TO A PK NAIL IN THE FACE OF THE CONCRETE CURB;. THENCE LEAVING SAID SOUTHERLY RIGHT -"AY OF SAID WEST FRANKLIN ROAD SOUTH 0° 32' O9" WEST 251.00 FEET ALONG THE WESTERLY RIGHT-OF-WAY OF SAID PARCEL A TO AN IRON PIN; THENCE LEAVM SAID WESTERLY BOUNDARY SOUTH 890 13' 17" EAST 264.06 FEET TO THE POINT OF BEGINNING. i 12 EXHIBIT "B" TO SPECIAL WARRANTY DEED Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Any facts, rights, Interests or claims which are not shown by the public retards but which could be ascertained by an inspection of said land or by making inquiry of persons In possession thereof. Easements, claims of easement or encumbrances which are not shown by the public records. Any encroachment. encumbrance, violation. variation, or adverse circumstance affecting the We Including discrepancies. conflicts In boundary Ones, shortage In area, or any other fads that would be disclosed by an accurate and complete land survey of the land, and that arc mat staten in the psubtic records. (a) Unpatented mining ciaims. (b) reservations or exceptions in patents or in Ads authorizing the Issuance thereof, (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the pubtfc records. Taxes and assessments for 2007 and subsequent years. Liens, levies and assessments by the City of Meridian. 1 Liens, levies and assessments by Nampa Meridian Irrigation District. Easements, reservations, mWetions and dedications as shown on the plat of said Subdivision. Ths ei[act of a snag purporturg to stww the tend crud ottres property, tiled Surfty No. 5433, Instrument No. 101059362 of Record of Surveys. Development Agreement upon the terms, conditions and provisions contained therein: Dated: August 17, 2001 Parties: City of Meridian and Van Hees Properties Recorded: September 6, 2001 Instrument No.: 1010592120 The effect of a map purporting to show the land and other property, filed Survey No. 5574, Instrument No. 101107785 of Recd of Surveys. I EXHIBIT'S" • 1 am coat O"" I 3. 4. 5 6. 4 7. 8_ 9. 14 i 11 12 EXHIBIT "B" TO SPECIAL WARRANTY DEED Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Any facts, rights, Interests or claims which are not shown by the public retards but which could be ascertained by an inspection of said land or by making inquiry of persons In possession thereof. Easements, claims of easement or encumbrances which are not shown by the public records. Any encroachment. encumbrance, violation. variation, or adverse circumstance affecting the We Including discrepancies. conflicts In boundary Ones, shortage In area, or any other fads that would be disclosed by an accurate and complete land survey of the land, and that arc mat staten in the psubtic records. (a) Unpatented mining ciaims. (b) reservations or exceptions in patents or in Ads authorizing the Issuance thereof, (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the pubtfc records. Taxes and assessments for 2007 and subsequent years. Liens, levies and assessments by the City of Meridian. 1 Liens, levies and assessments by Nampa Meridian Irrigation District. Easements, reservations, mWetions and dedications as shown on the plat of said Subdivision. Ths ei[act of a snag purporturg to stww the tend crud ottres property, tiled Surfty No. 5433, Instrument No. 101059362 of Record of Surveys. Development Agreement upon the terms, conditions and provisions contained therein: Dated: August 17, 2001 Parties: City of Meridian and Van Hees Properties Recorded: September 6, 2001 Instrument No.: 1010592120 The effect of a map purporting to show the land and other property, filed Survey No. 5574, Instrument No. 101107785 of Recd of Surveys. I EXHIBIT'S" • 1 am coat O"" I 13 Easement, including terms and provisions therein: Recording Information: 102003502 In Favor of: City of Meridian For, wateR main 14. Easement. including terms and provisions therein: Recording f ftmabon: 102003503 In Favor of: City of Meridian For sanitary sewer lines 15. License Agreement upon the terms, conditions and provisions contained therein: Dated: May 18, 2004 parties: Nampa & Meridian irrigation District and Owest Corporation Recorded: May 21, 2004 Instrument No.: 104062972 16. Rossr�s ,o%Zof Access Easement recorded June 26. 2007. as Instrument Cross EXHIBIT "B" - 2 OOM 00" 030040 1 CLOSURES.tXt cLOSURES FOR HARKS CORNER PARCELS 3/31/2014 JACKSONS FOOD STORES, INC, L & J CAPITAL VENTURES, LLC, FRANLIN INVESTMENT CO LLC JOHN AUSTIN SURVEYING 10636 CRANBERRY STREET BOISE, ID 83713 208-863-6292 LAND DESKTOP DESIGN III AUTOCAD 2002 Parcel name: PARCEL 1 North: 4704.5030 Line course: N 89-13-17 w North: 4708.0912 Line Course: N 00-32-04 E North: 4959.0803 Line Course: S 89-13-17 E North: 4955.7956 Line Course: s 40-46-06 E North: 4930.0834 Line Course: S 00-33-08 w North: 4704.5038 East : 4961.1502 Length: 264.06 East : 4697.1146 Length: 251.00 East : 4699.4558 Length: 241.72 East : 4941.1535 Length: 33.95 East : 4963.3229 Length: 225.59 East : 4961.1487 Perimeter: 1016.32 Area: 66,003 sq. ft. 1.515 acres Mapcheck Closure - (uses listed courses, radii, and deltas) Error Closure: 0.0017 Course: N 59-01-14 w Error North: 0.00090 East : -0.00149 Precision 1: 597,835.29 Parcel name: PARCEL 2 North: 4959.0803 Line Course: S 00-32-04 w North: 4854.0848 Line Course: N 89-35-10 w North: 4854.9878 Line Course• N 00-32-04 E North: 4960.7832 Line Course: S 89-13-17 E North: 4959.0846 East : 4699.4577 Length: 105.00 East : 4698.4783 Length: 125.00 East : 4573.4816 Length: 105.80 East : 4574.4685 Length: 125.00 East : 4699.4569 Perimeter: 460.80 Area: 13,175 sq. ft. 0.302 acres Mapcheck Closure - (uses listed courses, radii, and deltas) Error Closure: 0.0044 Course: N 10-45-02 w Error North: 0.00431 East : -0.00082 Precision 1: 104,727.27 Page 1 Parcel name: PARCEL 3 North: 4854.0849 Line Course: S 00-32-04 w North: 4708.0912 Line Course: N 89-13-17 W North: 4709.7898 Line Course: N 00-32-04 E North: 4854.9835 Line course• S 89-35-10 E North: 4854.0806 CLOSURES.tXt East : 4698.4781 Length: 146.00 East : 4697.1163 Length: 125.00 East : 4572.1278 Length: 145.20 East : 4573.4822 Length: 125.00 East : 4698.4789 Perimeter: 541.21 Area: 18,200 sq. ft. 0.418 acres Mapcheck closure - (uses listed courses, radii, and deltas) Error Closure: 0.0044 Course: S 10-45-02 E Error North: -0.00431 East : 0.00082 Precision 1: 123,000.00 Parcel name: PARCEL 4 North: 4960.7789 Line Course: S 00-32-04 w North: 4709.7898 Line course• N 89-13-17 W North: 4713.0439 Line Course: N 00-33-43 E North: 4964.0319 Line Course: 5 89-13-17 E North: 4960.7794 East : 4574.4681 Length: 251.00 East 4572.1269 Length: 239.47 East 4332.6790 Length: 251.00 East 4335.1407 Length: 239.35 East 4574.4686 Perimeter: 980.82 Area: 60,091 sq. ft. 1.380 acres Mapcheck Closure - (uses listed courses, radii, and deltas) Error Closure: 0.0007 Course: N 44-55-57 E Error North: 0.00048 East : 0.00048 Precision 1: 1,401,171.43 Page 2 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) I, Cory Jackson, Secretary of Jacksons Food Stores, Inc., located at 3450 E. Commercial Court, Meridian, Idaho, being first duly sworn upon, oath, depose and say: 1. That Jacksons Food Stores, Inc. is the record owner of the property described on the attached, and I grant my permission to: John Austin , 10636 W Cranberry Street Boise, ID 83713 (name) (address) to submit the accompanying application(s) pertaining to that property. 2. Jacksons Food Stores, Inc. agrees to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. Jacksons Food Stores, Inc. hereby grants permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this S-/' day of %i / .20 (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. 0%..........�� 4� •. % •, Q- -.0%. (Notary Public for Idaho) E" i 0 0 +J i z ; z q, : A : Residing at: Oda czz" � J % 4J ••.:mak �� '•••••••' ti •` My Commission Expires: .i 33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meddiancity.org AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO j } COUNTY OF ADA } CPR 1-Tft%� ` f714, W5 ESC; ?0 Sox 1'0101Jj1— '�, (name) (address) (city) (state) being fust duly sworn upon, oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission .�eNl�Jto: k usxi•t tS� 'Sc,TV (name) (address) to submit the accompanying application(s) pertaining to that property. 2, I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. L hereby grant permission W City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this % *'"' day of Pt? ,7L1 %�— .20 % (Signature) SUBSCRIBED AND SWORN to before the the day and year first above written. Qqotary Public for Idaho) pTA y Residing at: AUALIG My Commission Expires: 14 �� ww 'tied OF1#01'f��►�•,, 11 33 E Broadway Suite 210 • Meridian. Idaho 83642 Phone: (203) 884,4593 • Facsimile. (2DO) 888-5678 • Webske: wwwmeddixwity org AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) I, ►�--t N\;.. S tM -US, ?D 2 0 k G Z? address (name) -..1yb a X34 0 �V VH , (city) (state) being first duly sworn upon, oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to: li�fj k, � IrIJ a1 s'E- (name) (address) to submit the accompanying application(s) pertaining to that property. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Z da I" tG l Dated this �_ y of 20 cM- (Signature) LARD VAN H6ES SUBSCRIBED AND SWORN to before me the day and year first above written. V1 y/ �`�' N0,,�4.�,y'•: (Notary Public for Idaho) V ►J! t-tA G Residing at: Residinna Eloise, Idahe Commission Expires: May 6, 2017 '1" 010 c .� My Commission Expires: '-%* ,DA HO..••'''', 33 E. Broadway Avenue, Suite 102 • Meridian. Idaho 83642 Phone: (208) 884-5533 9 Facsimile: (208) 888-6854 • Website: www.meridiancity.org VICINITY MAP FOR HARKS CORNER PROPERTY LINE ADJUSTMENT NE1 /4 NE1 /4 OF SECTION 14 T.3 N., R.1 W., B.M., CITY OF MERIDIAN, ADA CO. IDAHO 0 500 1000 1500 2000 SCALE: 1" = 1000' DATE: 10/18/2013 JOHNAuSTIN SURVEYING 10636 CRANBERRY ST BOISE, ID 83713 208-377-9808 VAN HEMS SUBDIVISION IN THE E. 1/2 OF THE E. 1/2 OF THE NE. 1/4 OF SEC. 14,T.3N., R.IW.9.M. SCALE a 100 too 400 a00 FEET GERI.IF16ATS OF OWNERS AVOW ALL MEN EY THOSE PRESENTS, that Motion Van He" and Fierwwa Vw Mar, hooded and wild, ore toe Doose of 1M fallowing deecttbed test of load, to wit. The East Melt (E 1/91 aI the got MON 191/1) of IM Northeast Gottor IKE IN) of Section Fwrtoen l Soft. 14), Tom*MP Three Narth(T 39 ).Mono* On WrflR.lv[), Soled Moridian, IS. M.), together with ell Near rights, difehea and dltoh rlghtb of was Ihoeto balMflnO And they hereby plot VON haat iefV We as 1" VAN NESS SUSCIVISION Ona IS hereby dedidete to ad amt Of the "bile forever the "Fuels to shown Va this plot IN WITNESS WHEREOF., shy have "tomato Sol their heads end scats this day al Joao 1949 ��JJ STATE OF IDAHO es COUNTY 01 AOA Oa MEMOlh deist June, 1945, before me, ogle F. Paterson, Cloth of f" Ohlnat Court to sea tot said Cmrnty, Pereaselly Seesa ed movie. Van Nees and Flefonae Van NweS,hwbsed and .110, on*" tome to be the safseas Rhode names are Subscribed to the within ioefrumeef,od easnewladpd tome that they waesNd The "me. IN WITNESS WHENEOP, I bow* 40MUMO eat my hand ane official seal, fit* day .Na 700' in this QW1111cate first above .niton ySdO—y ,15 - Chrh of feee04efr4cf Geurf Ads Gounfy �� duff CERTIFICATE OF ENGINEER I, Gordan C. Smith, • INet#sed 410 4gireaf, do hereby drills the# 1be attached Peat OfV*- Mode SObaf-mlaO Nde W 48 b 0400 from actual serves$, me" May 19, a.d Is CpIPCt. License Ida" 0 E Ne 61 STATE Of IOANO es COUNTY Of AOA I hereby c.,flty Met it"$ bmhement mea filed far r*two N the nauwf of Nonan Van M*s Of *4 minutes 0091 1 O'clock NN, this ff440y of Juno A.O, 1949 1n my Off#catand duly recorded In gook of Plate of Page Ee-eNrcro Necxfer �11F[rt �lrrl# _ f�uly II I � 12 • 4 sE:TA 13 95• a9 6• 2` as is a tr it- at *JFu 49W f #Ia Waste ' 14 LOT -1 LOT -2 I LOT -3 LOT -4 I 1_01-5 I I � I S 69• e9'E 68q LOT -6 w e' 2.774 Acres r 9 TO Qif ,tpH a°jee f p•q'E Dap;psls 6gA t4 37 64' A f a1 s • v 6.675 Acres s of f a LOT -8 O O 6 296 Acres f r IfSr4#W040,10' LOT -9 + 0.970 Acres # LOT-IOsa 0.970 Acres 4 ea �o LOT - OT-1.500 1. 500Awes S $91 OWE 440.16 ' LOT - 12 8 1. 774 Act$% x N 46• or' W S 9T• 41 E 660 W 76 91 saa•ss¢�,,, $ ij LOT -i3 9t 60 2.296 Awes ft • ♦ T, i It LOT -14 _ 0.970 Acres = *40 LOT- 15 y 0.970 Acres + = LOT- 16 eaoas 0.970 Acre* � LOT, e40 as, 0.970 Acres 5 69 49 E 640 60 LOT -18 6.000 Acres too r 14 *JFu 49W f #Ia Waste Si 9.41 PR 2 X1111 N X r� 1 )01 Foq 4= �z N 00.33'43' E 251.00j,$ O D 45' ,$$ $ Q ^'g 110 or+aannnr.� I I 0 ®0 $ m 1 $p{ u �of � ml IR 2 46 WSW * 5 00'33'08' W 225.59Ri N — ' � 2361.4:2 296.00 _ _ — s no 33'oe" w 1657 az € S. LtNDBR ROAD BASIS OF "C4 m a _ = g7l = 4 ~ N N 3 _� t O 1 !A3 N A N ♦ G IJ -' C Y6 4 0 I ��i�i� Z � Y� o c Qm� O A a R _ 4 i' a U � j � G � m V U o $ v � R W S 00'32'09" W 25,.00 W o p N O O V m ? � I ' n o P Z P O 1`4 F4 I I AII 11Asir I I 8 P N r i o '11 paltill � Q a.?s11NX S F o I o 9000000 lk II I £ olam ---,.,.� � c tit it N 00'3J 43' E _ _ 2551.00 N a +� n i 1N =1 a N 073709' E 251.00_ v p 1 f � Qa ti ! 1 231.00 'v YI � I NNpp� j 1 1 * 1 1 � ss s o7'37'0e w zzs.5s• _ 7M AM 0= — 22G.w_ _ N 0 0'3508' E 2857.42' MM Or AS~ N I o 9000000 lk II I £ olam ---,.,.� � c tit it (�qI l RIDIAN-*-- Community Development Department Parcel Verification Date: 4/2/14 Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 208.887.2211 The parcel information below has been researched and verified as correct by the City of Meridian Community Development Department. Project Name: Harks Corner Parcel Numbers: R8956000010 (1.38 Acres) R8956000020 (1.515 Acres) R8956000050 (0.72 Acres) T/R/S: 3N/1W/14 Address Verification Rev: 04/23/12 JTHIS INDENTURE, made this day of 2014 between Franklin Investment Company, LLC , the party of the first and hereinafter called the Grantors and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantor desires to provide a water main and sewer main right of way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water and sewer mains are underground pipelines already constructed through the property; and WHERI�AS, it is necessary to maintain, service, and subsequently connect to said pipelines from time to time by the Grantee; NOW,1`HEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant, and convey unto the Grantee the right-of-way for an easement for the operation, maintenance, repair, and replacement of water and sewer mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of operation of water and sewer lines and their allied facilities, together with their maintenance, additional connection thereto, repair and replace- ment at the convenience of the Grantee, with the flee right of access to such facilities at any and all times. TO HAVE AND TO HOLD the said easement and right-of-way unto said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED by and between the parties hereto that after making, repairs, performing other maintenance or making subsequent connection to the water line, Grantee; shall restore the area of the easement and adjacent property to that existent prior to under- -taking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with use of said easement, for the purposes stated herein. Water and Sewer Main Easement Page 1 EASMTWTR THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or he within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully sized and possessed of the aforementioned and described tract of lane, and they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said party of the first part has hereunto subscribed their signature the day and year first herein above written. Vad Rees, Managing Member STATE OF IDAHO) )ss County of Ada ) On this �,90i day of QIWXJ 2014, before me, the undersigned, a Notary Public in and for said State, persolially appeared LaM Van Hees , known or identified to me to be a Managing Member of the Limited Liability Company that executed the within instrument, and acknowledged to me that such Limited Liability Company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed year first above written. �1 STRA . *oTARy �o NOTARY P Residing at My commission seal the day and IDAHO EXHIBIT A WATER LINE AND SEWER LINE EASEMENT HARKSCORNER An easement for water and sewer lines in Lots 1 and 2 of the Van Hees Subdivision, the official plat for which is recorded in the office of the Ada County Recorder in Book 12 of Plats at Page 688, being located in the NE'/< NE'/. of Section 14, T.3 N., R I W.,B.M., City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the brass cap monument in the intersection of S. Linder Road and W. Franklin Road which marks the northeast comer of said Section 14; thence, N.89' 13' 17"W., 664.46 feet along the north line of said Section 14 (centerline of said W. Franklin Road); thence, S.00°33143"W., 45.00 feet to a 5/8 inch rebar which marks the northwest comer of said Lot 1 of the Van Hees Subdivision; thence, S.00'3343 "W., 72.43 feet along the west line of said Lot 1 to the POINT OF BEGINNING; thence, S.89` 14'36"E., 138.76 feet parallel with and 10 feet north of the existing water main; thence, S.00'45'24"W., 91.55 feet parallel with and 10 feet east of the existing water main; thence, S.14 -08'29"E., 37.26 feet parallel with and 10 feet east of the existing water main; thence, S.89 -13'17"E., 68.95 feet parallel with and 10 feet north of the existing water main; thence, 5.00'46'43 "W., 30.00 feet along the terminus of the existing water and sewer easements as recorded in Instrument No.s 102003502 and 102003503; thence, N.89-13'1 7-W., 69.09 feet parallel with and 10 feet south of the existing sewer main; thence, around an existing fire hydrant five feet on each side of the service water line the following three courses: S.00"46'43 "W., 3.81 feet; thence, S.89.13' 17"E., 10.00 feet; thence, N.00`4643 "E., 3.81 feet; thence, N.89 -13'17"W., 22.60 feet parallel with and 10 feet south of the existing sewer main; thence, N.00"32'54"E., 20.00 feet along the terminus line of this sewer easement; thence, S.89 -13-17-E., 14.79 feet parallel with and 10 feet north of the existing sewer main; thence, N. 14-08'29-W., 44.90 feet parallel with and 10 feet west of the existing water main; thence, N.00"45'24"E., 74.17 feet parallel with and 10 feet west of the existing water main; thence, N.89" 14'36"W., 10.82 feet parallel with and 10 feet south of the existing water main; thence, around an existing fire hydrant five feet on each side of the service water line the following three courses: S.00"45'24"W., 9.06 feet; thence, N.89" 14'36"E., 10.00 feet; thence, N.00°45'24"E., 9.06 feet; thence, N.89" 14'36"W., 97.91 feet parallel with and 10 feet south of the existing water main to a point in the west line of said Van Hees Subdivision; thence, N.00"39'34"E., 20.00 feet along said west subdivision line to the POINT OF BEGINNIN said easement containing 7,997 square feet or 0.184 acres, more or less. Prepared by: John S. Austin, Idaho PLS 5081 EXHIBIT B --I - - - - - - - - - - - - - - - - - - - - i - - - - - - - - - - - - - - - - I I ' N8973'17"W �T 1 1 - , i Ll 3.811 I I I I i I , , y i I I I I 1 L3 J811 NO ' " L4 N 664.46' FROM THE NORTHEAST CORNER OF SECTION 14 f-RANKL/N ROAD N8993'17"W 239.35' I I^ 1 I BU/LD/NG 1 I S8974'3T6 "E 8.13 76'7-7_ '17 ZN8974 3�6 W �� of SEWER & WA TER L7L6 L � EASEMENT N 7,997 sq. ft. 0.184 acres w �I 0 0 Z S8973'17"E 14.79 BU/LD/NG 0 Z PARCEL 4 h 0 07 N BU/LD/NG 0 9 S8973'17"E 68 95 �// '7 - -6 § 1 69 . o BU/ /NG o "oi I WATER EASEMENT INST 0020035021 1 ISM�4�. f I -NN89'1317''W 239.47 N89'1. HARKS CORNER ZERED WATER AND SEWER LINE EASEMENT �c��' IN LOTS 1 & 2 VAN HEES SUBDIVISION JRVEy0 it NEX NEX SECTION 14 T.3 N., R.1 W., B.M., OHNAUSTIN CITY OF MERIDIAN, ADA COUNTY, IDAHO t 5081 o 0 20 60 80 SURVEYING 9j, = 10636 CRANBERRY ST \v0 F 0 F BOISE, ID 83713 � S. Pv`'� SCALE: 1" = 40' APRIL 21, 2014 208-377-9808 LINE Ll 3.811 Soo*y6'4jmW L2 laM N897J77"W L3 J811 NO ' " L4 10.8 89 4' 6" L5 9.06 4 " L6 10-00 N8974J6 " L7 9.06 N 0' " S8973'17"E 14.79 BU/LD/NG 0 Z PARCEL 4 h 0 07 N BU/LD/NG 0 9 S8973'17"E 68 95 �// '7 - -6 § 1 69 . o BU/ /NG o "oi I WATER EASEMENT INST 0020035021 1 ISM�4�. f I -NN89'1317''W 239.47 N89'1. HARKS CORNER ZERED WATER AND SEWER LINE EASEMENT �c��' IN LOTS 1 & 2 VAN HEES SUBDIVISION JRVEy0 it NEX NEX SECTION 14 T.3 N., R.1 W., B.M., OHNAUSTIN CITY OF MERIDIAN, ADA COUNTY, IDAHO t 5081 o 0 20 60 80 SURVEYING 9j, = 10636 CRANBERRY ST \v0 F 0 F BOISE, ID 83713 � S. Pv`'� SCALE: 1" = 40' APRIL 21, 2014 208-377-9808 GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by Jaycee L. Holman, City Clerk Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) On this day of . 20 , before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Sanitary Sewer and Water Main Easement EASMr S&W 11-15-13.doc