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Records_Fairview Dedications Executed by Kleiner TrustsA Project Name: Records ve and Fairview i Project No.: R/W Parcel No.: Township/Range/Section: T. 3N., R.IE., Section 4 SPACE ABOVE THIS LINE FOR RECORM's USE ONLY WARRANTY DEED THIS INDENTURE, made this /0-A day of ZT--1 - It Q Y. , 2012, KARL KLEINER, as Trustee of KLEINER TRUST A, as to an undivided 12.5% interest; KARL KLEINER, as Trustee of KLEINER TRUST B, as to an undivided 12.5% interest; DAVID KLEINER, as Trustee of KLEINER TRUST C, as to an undivided 12.5% interest; DAVID KLEINER, as Trustee of KLEINER TRUST D, as to an undivided 12.5% interest; KAREN KLEINER, as Trustee of KLEINER TRUST E, as to an undivided 12.5% interest; KAREN KLEINER, as Trustee of KLEINER TRUST F, as to an undivided 12.5% interest; BRUCE KLEINER, as Trustee of KLEINER TRUST G, as to an undivided 12.5% interest; BRUCE KLEINER, as Trustee of KLEINER TRUST H, as to an undivided 12.5%interest; collectively, the "-GRANTOR", and ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho, the "GRANTEE"; WITNESSETH: FOR VALUE RECEIVED, the GRANTOR has granted., conveyed, bargained and sold, and does hereby grant, bargain, sell, convey and confirm to the GRANTEE and its successors and assigns forever, that certain real property situated in the COUNTY OF ADA, STATE OF IDAHO, more particularly described and depicted on Exhibit "A" attached hereto and by this reference made a part hereof, - TOGETHER with all and singular the buildings, structures, improvements and fixtures thereto, the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, and rents, issues and profits thereof (the "Premises"). SUBJECT to those exceptions to GRANTOR's title as are set forth on Exhibit "B" attached hereto and by this reference made a part hereof. SUBJECT TO those exceptions to title to which this conveyance is expressly made subject and those made, suffered or done by the GRANTEE: (a) the GRANTOR covenants to the GRANTEE, its successors and assigns, that the GRANTEE shall enjoy the quiet and peaceful possession of the Premises; and (b) GRANTOR warrants to the GRANTEE, its successors and assigns, that GRANTOR is the owner of said Premises in fee simple and has the ' right and authority to convey the same to GRANTEE, and GRANTOR will defend the GRANTEE's title from all lawful claims whatsoever. and that Grantor and its' heirs and assigns will, on demand of WARRANTY DEED- 1 7 1248836-6 / (f - the Grantee or its heirs or assigns, execute any instrument necessary for the further assurance of the title to the Premises that may be reasonably required.. The current address of the GRANTEE is: Ada County Highway District 3775 Adams Street Garden City, Idaho 83714-6499 IN WITNESS WHEREOF, this WARRANTY DEED has been duly executed by the GRANTOR, the day, month and year herein first above written. GRANTOR; KARL KLEINER, as Trustee of KLEINER TRUST A KARL KLEINER, as Trustee KARL KLEINER, as Trustee of KLEINER TRUST B KARL KLEINER, as Trustee DAVID KLEINER, as Trustee of KLEINER TRUST C DAVID KLEINER, as Trustee DAVID KLEINER, as Trustee of KLEINER TRUST D DAVID KLEINER, as Trustee WARRANTY DEED- 2 1248836-8 KAREN KLEINER, as Trustee of KLEINER TRUST E KAREN KLEINER, as Trustee KAREN KLEINER, as Trustee of KLEINER TRUST F KAREN KLEINER, as Trustee BRUCE KLEINER, as Trustee of KLEINER TRUST G BRUCE KLEINER, as Trustee BRUCE KLEINER, as Trustee of KLtINER TRUST H BRUCE KLEINER, as Trustee WARRANTY D£FD- 3 1248835-8 KAREN KLEINER, as Trustee of KLEINER TRUST E KAREN KLEINER, as Trustee KAREN KLEINER, as Trustee of KLEINER TRUST F KAREN KLEINER, as Trustee BRUCE KLEINER, as Trustee of KLEINER TRUST G BRUCE KLEINER, as Trustee BRUCE KLEINER, as Trustee of KLEINER TRUST H BRUCE KLEINER, as Trustee W ARRANry DEED - 3 1248838-8 State of ^� �r) / )ss. County of C ) On this 1&ay 091 State, personally appeared Trustee, or one of the Trustees( Trustee's signature on the foregoi -- 44ra H. �a i�►� V ,�u.�++111L111C � i fi fill l ASHL'��`-• State of )ss.. County of-44�� ) On this day of State, personally appeared Trustee, or one of the Trustees of Trustee's signature on the foregoi \014 ,..�u+Lu+s+hr ,o t*o 74,P zoi 10.1!5 WA SVA WARRANTY DEED— 4 1248836-8 20_[q!!r—, before me, a Notary Public in and for said l,• A , known or identified to me to be the t TRUST A, and acknowledged to me that by said nt, th fo=Zo-ln named Trust executed the same. rotary Pubic ( a 'Dt le. rot(c►-+ Residing at , M4 41.5, PI& My Commission Expires 20t_2,, before me, a Notary Public in and for said s _, known or identified to me to be the Z TR�and acknowledged to me that by said nt. th . foreQol named Trust executed the same. Residing at My Commission V1 State of _ ) )ss. County of t' ) On this —tL_ day of Q«. , 4 before me, a Notary Public in and for said State, personally appeared , known or identified to me to be the Trustee, or one of the Trustees of KLEI R TRUST C, and acknowledged to me that by said Trustee's signature on the foregoing strume t, the foregoing named Trust executed the same. State of ) jss. County of ' Natery Publ c Residing at My Commission Expires 1 On this day of r ,O before me, a Notary Public in and for said State, personally appeared me known or identified to me to be the Trustee, or one of the Trustees of KLMER TRUST D, and acknowledged to me that by said Trustee's signature on the foregoing i2�t�, th rego' . amed Trust executed the same. ROC t 4^ i QTA'p'•�l� L7 r a o• s 00 WARRANTY DEED- 5 1248836-8 L My Expires i'\� Ova Ke f. LC W4 State of ) )ss. County of ) On this day of State, personally appeared Trustee, or one of the Trustee c Trustee's signature on the foregoi State of boo County of On this ( { Vw%day of State, personally appeared Trustee, or one of the Truste Trustee's signature on the for< WARRANTY DEED— 6 1248836-8 )ss. ow ►' before me, a Notary Public in and for said known or identified to me to be the KLEI TRUST E, and acknowledged to me that by said rumen the f named Trust executed the same. Nix ubi l Residing at My Commission Expires I 4 G�� , {? before me, a Notary Public in and for said err . known or identified to me to be the of KNul and acknowledged to me that by said i instrego ed 1"ru xecuted the same. IP"' QC C4 Residing at My Commission Expires "V State of ) )ss. County of 6H) On thisl �y, f G1— 202, before me, a Notary Public in and for said State, personally appeared , known or identified to me to be the Trustee, or one of the Trust sof KLEINER TRUST G, and acknowledged to me that by said Trustee's signature on the foregoing instrument, the foregoing named Trust executed the same. NotaryPublic �] Residing DtANNE M. GROWN My Commission Expires I 11a V- ::f P01IC. Stats of New York Quatlfled in Now York CountY No. 618RB17863 � � My Commission Expires 6 State of Ww ) ' )ss. County of ) On this t I�'`' -day , 20 L2— before me, a Notary Public in and for said State, personally appeared _, known or identified to me to be the Trustee, or one of the Trustees of KLEINER TRUST H, and acknowledged to me that by said Trustee's signature on the foregoing instrument, the foregoing named Trust executed the same. NotaL= MANNE M. GROWN Residing at " Nolary t3c• State �tY My Commission Expires +Quatifled U New No. OISR617�/ My Commission Expires WARRANTY DEE D - 7 12481336-8 EXHIBIT A Elate: Noveniber 28. 2011 FAIR'1IEWAVEN'UMEECORDS AVENLfEJUGHT OF NYAY DEDICATION A 7aarc:el 0P latid teeing a ponjorc of the SW 114 orse tion 4'. Township 3 Neriti, Range 1 least, Boise Mcriditatt. Ada County, Idaho, more par[icularly described as i'olloWS: at the 51.14 e6rnet or$riid gwt-io,t 4, a SAreltru- (Camer I2rcotdNo, 102051329). fron, which tete Somb- vcsa canter of s,9id Scocti on 4„ mwnuawntati bq at a'.5" brxo cap (Comer Jteeord No. :11003417 hears forth 139122'40" Wb!, a dislsncr of 7659.51 fee;; Thenoc North 890;2'40" Wast, es,ineident with the southerly line of t1le SW114 of said Section 4. a distatxe of 636.26 fear Thence North 00'37 2(V' Enst, ltcrltctld'iculaarto mid Soullitrly tine, u distu tee of 5:2.81 feet to the nonherly riblet of wuy of Fairview Av'enut and the POINT OF JI GIN NINC: Thome N forth 00"24'14" East, a disitmor of"75.04 feet it) t'be beginning of a tnngent curve to tile. tete_; 13tenec ngtilo:rily thong tete are ortraid curve to ilw ielt, rua are di :tante of 281.59 feet. said curve having a "nMius of 500.00 feet, a central angle of 32' 16'00", .sad a chord bea,ittg of Not11t 15'43'46'' Wast a disiance 017277.97 feet; Thence South 8915'52"East, a distance of 6ra.49 feet; Tbeam South 00"24'08" West, ti distance of 33,02 fro to the beginning of axon -tots; ettl curvy to tete dight; Thence Southerly ,Along the ate Of said curve to rhe.. rich. an rm distance o. 259-65 feet, said cunt having a radius of 535.50 f:st, it centA anpje of 27-V52", "A a chord lxati ng. of %uth 13029'121' Fast a distance of 257.11 feet_ Thcncc North 89°35'46" West, a distance of 11.00 feet; Tbence South 00124'14" West, a distance of 344.20 feet; Thence South 08142702)" .Last, a distance of 58,41 feet: n ienee South 69$'35'46" Last. a dis'vanncc of 11.14 feet; Thence Scutlt 47"ll'20"EaSt, a dist.A.= of 79.011 feet; Thence South 89°3S"ST' East, pa"Fel trite and offset 4450 fict mirfihwiy of said nortrerly right df way, A dis%n=,of 358,60 feet; Thencc South 83130"3 3 ' Ensi, a distanoe of 42.43 feet to said tmaiterly night of �vay; Tnuenea Norill 89°35'52" WCSt, Win;:kknt Mtli said northcri:3 fight of way n distance of 519.93 feet to ahc 1?t)11Y7° OF BEGINNING. (continued) WARRANTY DEED.- 8 1248836-8 �L� The nbow•c dcscribod wcci contains 0.857 acus or 37.345 sgaWr fZEL MOM car IM Topther with niid si+jest to cow mints, ortsemenm and res tri criarts of tecattL 'The basis of bearings for itais paml is North SV7.2'407 W est be -I weccat the S IA comcr and Southwest comer of Suits Sealift 4_ (continued) WARRANTY DEED- 9 1248836-8 �� EXI-KBIT "A (CON-YJN ED) SKETCH SKETCH FOR LEGAL EXHIBIT" FAIRVIEW _AVEIVUEIRECORDS AVENUE RIGHT OF WAY DEDICATION A, PARCEL OF LAATD BEING A PORTION OF THE .SV114 OF SEC77DIV 4, T. 3 N., R. I R., BOISE, hfR'MIAN. AUA CM17Y. MATZO ,2011 Sttl'35`3�t C 5[I?'74 U:1'w G6,ii' � 33.E 1—flerm,4ew t.saat_Wa�st���r� i O CL 10729 1,.61' 4'hpgrf OF SES p, Fb Iotai Axeo y :ERWAc• cr -57,J48 &L i :.vfi'aYU2'E '59..49' 5P1'3546'E 71..14' vC1737eCF � 389°3&' k80' s 370��� AlJ5 1u'S1"'R St993' __t� I627 2 i fit s FAIRVMW AVF— �vrvro srvCDAIM Sec 7010 1118 S. R/1j "m 80100, 1D 81783 i orbit -std HOT Z.7 SCALEMMN,''It)iLT1pApG WARRANTY DEED- 10 1248836-8 V EXHIBIT 13 TITLE EXCEPTIONS 10. Except mineral or water rights, claims or title to mineral or water. 11. Covenants, conditions, restrictions and easements contained -in the Deed to the State of Idaho, conveying a portion of the property adjoining. Recorded: July 28, 1955, as Instrument No. 380667 12. Well Sharing, Water Supply and Easement Agreement, recorded July 31, 2068, as Instrument No. 108087272, Records of Ada County, Idaho. 13, Water Line Easement Agreement, recorded July 31, 2008, as Instrument No. 108087273, Records of Ada County, Idaho. 14. Development Agreement, recorded January 29, 2009, as Instrument No. 109009630, Records of Ada County, Idaho. 15, 'Rights, rights of way, reservations and exceptions in the patent recorded in Book 5 of Patents„ Page 18. I WARRANTY DEED- 11 1248838-8 a Project Name: Fairview Project Number: R/W Parcel Number: Township/Range/Section: T3NR1 E Sec 4 (Reserved for Ada County Recorder's) PERMANENT EASEMENT THIS PERMANENT EASEMENT (the "Easement"), made and entered into this Ill -A, day of _14 N- 4 r , 2012, by and between KARL KLEINER, as _Trustee of KLEINER TRUST A, as to an undivided 12.5% interest; KARL KLEINER, as Trustee of KLEINER TRUST B, as to an undivided 12.5% interest; DAVID KLEINER, as Trustee of KLEINER TRUST C, as to an undivided 12.5% interest; DAVID KLEINER, as Trustee of KLEINER TRUST D, as to an undivided 12.5% interest; KAREN KLEINER, as Trustee of KLEINER TRUST E, as to an undivided 12.5% interest; KAREN KLEINER, as Trustee of KLEINER TRUST F, as to an undivided 12.5% interest; BRUCE KLEINER, as Trustee of KLEINER TRUST G, as to an undivided 12.5% interest; BRUCE KLEINER, as Trustee of KLEINER TRUST H, as to an undivided 12.5% interest; collectively, hereinafter referred to as "GRANTOR", and ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the state of Idaho, hereinafter referred to as "ACHD"; WITNESSETH: FOR GOOD AND SUFFICIENT CONSIDERATION, IT IS AGREED: SECTION 1. Recitals. 1.1 GRANTOR owns the real property located in Ada County, Idaho more particularly described on Exhibit "A" attached hereto and by this reference incorporated herein (hereinafter "Servient Estate"). 1.2 ACHD has jurisdiction over the public highways, including sidewalks, and public rights-of-way which adjoin and are adjacent to the Servient Estate (hereinafter the "Dominant Estate"). 1.3 ACHD desires to obtain an easement on, over and across the Servient Estate for the purposes hereinafter described, and, for the consideration and on the terms and conditions hereinafter set forth, GRANTOR is willing to grant such easement to ACHD. ` SECTION 2. Grant of Easement and Authorized Uses. SUBJECT to those exceptions to GRANTOR's title as are set for on Exhibit "B" attached hereto and by this reference made a part here of; GRANTOR hereby grants to ACHD a permanent easement over and across the Servient Estate for use by the Permanent Easement - Two Party - page 1 1252207-8 ��r' public, including motorists, pedestrians and bicyclists, and the following uses and purposes: - (a) placement of a Public Rights -of -Way as (as defined in Idaho Code, section 40-117); (b) construction, reconstruction, maintenance and placement of a Highway (as defined in Idaho Code, section 40-109) and any other facilities or structures incidental to the preservation or improvement of the Highway; (c) statutory rights of ACHD, utilities and irrigation districts to use the Highway and/or Public Right -of -Way. SECTION 3. Permanent Easement; Covenants Run with the Land. This is a permanent easement. This Easement, and the covenants shall be a burden upon the Servient Estate and shall run with the land. The Easement and the covenants and agreements made herein shall inure to the benefit of and be binding upon, ACHD and GRANTOR, and Grantor's successors and assigns to the Servient Estate. SECTION 4. Appurtenant. The Easement herein granted is appurtenant to the Dominant Estate and a burden on the Servient Estate. SECTION 4. Maintenance. 4.1 Upon acceptance of the Highway, ACHD shall maintain the physical integrity of this easement in good condition and repair and as required to satisfy all requirements of applicable laws, the policies of ACHD and sound engineering practices. The repair and maintenance of the physical integrity of the Easement shall be at the sole cost and expense of ACHD; provided if the damage to the physical integrity of the Slope is as a result of the activities of GRANTOR, GRANTOR'S guests, invitees, contractors or agents, the repair shall be at the sole cost and expense of GRANTOR. SECTION 5. Indemnification. ACHD shall indemnify, save and hold GRANTOR, harmless from and against any and all claims for loss, injury, death or damage, and reasonable attorney's fees and costs that may be incurred by GRANTOR in defending such claims, caused by or arising out of ACHD'S construction, use and maintenance of the Easement on the Servient Estate. SECTION 6. Recordation. This Easement shall be recorded in the Official Real Property Records of Ada County, Idaho. Permanent Easement - Two Parry - page 2 1252207-8 ��__. TO HAVE AND TO HOLD this Easement unto the ACHD forever, SUBJECT to those exceptions to GRANTOR'S title as are set forth on Exhibit "B" attached here to and by this reference made a part here, of; GRANTOR covenants to ACHD that ACHD shall enjoy the quiet and peaceful possession of the Servient Estate; and, (b) GRANTOR warrants to the ACHD that GRANTOR is lawfully seized and possessed of the Servient Estate and has the right and authority to grant this Easement to ACRD. IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day, month and year first set forth above. GRANTOR: KARL KLEINER, as Trustee of KLEINER TRUST A KARL KLEINER, as Trustee State of L) %t )ss. County of :_r ) Al On this l day of 14&. w 2012 before me, r,►. a Notary Public in and for said ate of v9� personally appeared Kari Kleiner, known or identified to me to be the us ee, or one of the Trustees of KLEINER TRUST A, and acknowledged to me that by said Trustee's signature on the foregoing instrument, the foregoing named Trust executed the same. IN WITNESS WHEREOF, I In day and RM,in this certifica OC Z, •► EILAif Q�r:fr 11.'7'e of hand and affixed my official seal the rst above Notary I''+ublic 7 •F v( IT, Residing at My Commission Expires Permanent Easement - Two Party - page 3 1252207-8 GRANTOR: KARL KLEINER, as Trustee of KLEINER TRUST B rq4 K4i��a� KARL KLEINER, as Trustee State of ) ,�" )ss. County of/ ) On this ay v w*w , 2012 belre me, nA c G�- a Nota Public i n�d for sai tate of personally appeared Notary �- p Y pP Karl Kleiner, known or identified to me o be the Trustee, or one of the Trustees of KLEINER TRUST B, and acknowledged to me that by said Trustee's signature on the foregoing instrument, the foregoing named Trust executed the same. IN WITNESS WHEREOF, I have h o o set my hand and affixed my official seal the day and year in this certificate 1r above�itten, �"�..y.1-10* \A ROC, 111j �-•$sox+�Lf.,J Nota 4bt,c _- fir % Residing at F: - My Commission r 1 i AVgt�G P WASE'''' Permanent Easement - Two Party - page 4 1252207-B N GRANTOR: DAVID KLEINER, as Trustee of KLEINER TRUST C -& (�-!p --I, (--- DAVID KLEINER; as Trustee State of I A i p � ) )ss. County of "w ) On this ay of V� 2012, e me, Irw I f[+e.je-% a A ,efo Notary Public in and for said qate of w, i J,, f appeared David Kleiner, known or identified to me to be the rustee, or one of the Trustees of KLEINER TRUST C, and acknowledged to me that by said Trustee's signature on the foregoing instrument, the foregoing named Trust executed the same. IN WITNESS WHEREOF, I have hereunto set and and affixed my official seal the day and year in this certificate fi writte .�,R�-Z� :abo � 1� �rtM1NUill 1or� ,11,, 1G ary Public[ ray rr D^G �axa,��A.•,.�r Residing at �1.J My Commission xpires + Permanent Easement - Two Party - page 5 1252207-8 0 GRANTOR: DAVID KLEINER, as Trustee of KLEINER TRUST D 4 -4 `7 <-_ DAVID KLEINER, as Trustee State of h 1 % } ,r )ss. County of c i� ) On this day of �M , 201 , be a me, w, r cc Cwrd1' a Notary Public in and for said to of ,personally appeared David Kleiner, known or identified to me to be A Trustee, or one of the Trustees of KLEINER TRUST D, and acknowledged to me that by said Trustee's signature on the foregoing instrument, the foregoing named Trust executed the same. IN WITNESS WHEREOF, I have day and year in this certificate fir> Q?ar'r Residing at 50 - = z : My Commi; - h0 Permanent Easement - Two Party - page 6 1252207-8 and affixed my official seal the IN GRANTOR: KAREN KLEINER, as Trustee of KLEINER TRUST E 1C V KAREN KLEINER, as Trustee State of (A-PML-t�l �— )ss. County of: I F ) On this Ly of I~1 ', 201 efo me,A « a Notary Public And for said tate of , p rson Ily appeared Karen Kleiner, known or identified to me to be thY Trustee, or one of the Trustees of KLEINER TRUST E, and acknowledged to me that by said Trustee's signature on the foregoing instrument, the foregoing named Trust executed the same. IN WITNESS WHEREOF, I have hereunto set day and year in this certificate firs write O� o�o1"' �� o P Ii _ Residing at 0 My Commiss I Permanent Easement - Two Party - page 7 1252207-8 1M hand and affixed my official seal. the Expires �6& d I J L GRANTOR: KAREN KLEINER, as Trustee of KLEINER TRUST F KAREN KLEINER, as Trustee 1 State of ) jss. County of On this ay wWo 2012, for me, rc41 a Notary Public 'r nd for said a of , personally appeared Karen Kleiner, known or identified to me o be the rustee, or one of the Trustees of KLEINER TRUST F, and acknowledged to me that by said Trustee's signature on the foregoing instrument, the foregoing named Trust executed the same. IN WITNESS WHEREOF, I have pdreunto day and year in this certificate firyf above w h4'trary Public Residing at My Commission Permanent Easement - Two Party - page 8 1252207-8 res affixed my official seal the GRANTOR: BRUCE KLEINER, as Trustee of KLEINER TRUST G DIANNE M, BROWN Notary Public, Stats of New York Qualfffed In New York County — festal/p . 01 BR617863 •t . .1, My Commission Expires BRUCE KLEINER, as Trustee State of P(U U w4 ) )ss. I. County of� )4 On this Lay of 2012, before rn• Notary Public in and for said State of! I--- personally appeared Bruce Kleiner, known or identified to me t6 be the Trustee, or one of the Trustees of KLEINER TRUST G, and acknowledged to me that by said Trustee's signature on the foregoing instrument, the foregoing named Trust 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. — 4�fil= Notary Public Residing at(lkr cx�t My Commission Expires lz + 7 Permanent Easement - Two Parry - page 9 1252207-0 DIANNE M. BROWN Notary public, State of New York Qualified in New York County Ifo. 019!16 f 7863 My Commission Expires f .W GRANTOR: BRUCE KLEINER, as Trustee of KLEINER TRUST H C." A;21"- BRUCE KL INER, as Trustee State of ) )ss. County of ). On this y of , 2012, before me, � �.� a Notary Public in and for Bald State of personally appeared Bruce Kleiner, known or identified to me to be the Trustee, or one of the Trustees of KLEINER TRUST H, and acknowledged to me that by said Trustee's signature on the foregoing instrument, the foregoing named Trust 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 Publ Residing at My Commission Expires Permanent Easement - Two Party - page 10 1252207-8 GRANTOR: Ada County Highway District Gary Inselman Development Services Manager STATE OF IDAHO ) ) ss. County of Ada ) On this day of __ , 2012, before me, a Notary Public in and for the state of Idaho, personally appeared Gary Inselman, known or identified to me to be the Development Services Manager for the Ada County Highway District, the person who executed this instrument of behalf of said District, and acknowledged to me that the Ada County Highway District executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public Residing at: My commission expires: Permanent Easement - Two Party - page 11 1252207-8 EXHIBIT "A" Bates Nuvcrnbcr28, 2Q11 FAIRVIEW AVENYLT &RIE4 ORDS A%TNUE 1'1tfZrt9A�iC11T 1��15[�•?4l'EN'1' A .parcel of lata[ being a portion ofahe SXV 5, 4 of Suction 4, Tt;•wmhip 3 north. Rant c I UNt, 13aist Menditui, Ada County, 14aho, more particularly described a5 follows. CUsH11h TiC liV(: at the Sl 14 corner of said Section :: rtionttrnenied by a S/$" vetoer (t3otnetReeard No. 10051329), from %,Vliicb the Soutbiwst comer of said Section 4, monumenited by a 3.5" brass cap (Corner Record No. 110054.173) boors North t19022'4W XVcst, ca distance of 2659.51 ldct; Theno e Nl onh 49°22'40" "hest, coi o:ident isiflt the sou,laerly lire of the SW I A of said Section 4, a distanca of 8.53 feet, Theme North 00°37"20" Last, p:rpcadicular to said soutl:criy line„ a distince of 55,22 deet to Xhe nordicily right of my of F MMew Av cnuc and the POINT OF 11EG I.iNIQ111 G; Tbance North 89035'5-" Wes!, coincident with said northerly right of mzy, a distance of 107.81 .f et: 7henc'e North *90'33" Wc8t; u dist8nrc of 42.43 fcct; Thence Nardi 89437'52" WesL par dict wide aid Oftel 4.50 fee; nattherty of said nordterly right of �Nmy, a distzanccof 358:40'fecl; Thence- North 47°34°20" W `m a. disiance of 79.08 feet.. Thence Nardi 89"35'4.6" West, a distance of 11.14 feet,, Thence N'Uaib 09'42'02" West, a elis rice of 58.45 feet: Thence North 00°24' 14" East, a disuinee of 344.20 feet: Thence South 89°35'46" East, a disttnice of I t.00 feel to tate beginning of a noo-tatip'nt ctumle to the left Treace northerly alotag the etre of said curve to the lets, an arc obstante of 259:65 feet, said curve having ti rndiu9 of 535.50 foci, a ccntiial angle of 2714052". and a chord bearing of Noah 13'29'12" Nest a Jiswnce of 1-57.11 feet; Thc,ncc dearth 00°24 `08"East n elastance of.' 3.02 feet; Thericc South 89°35'52" Sast, a distance of 5,00 fees; Thence Saudi 00v,24'08' West. a distance of"31,79 feet to the beginning of a non-iongent curve• to the right: Thence southerly, nlcmg the Are -of wd curve to the raghl, an =. dlrtancc OF 2.60.83 feet., sald curve having sa radius of 540.50 &L i. a central angle of'?7138159". and a chard ging or South 13125'1 5" 1 fast a distance of 238.31 irct; ' (continued) Permanent Easement - Two Party - page 12 �cJ 1252207-8 EXHIBIT "A" (CONTINUED) 'nience Fu1h 00014' 14" Wcst. a distance of 142,93 feet. T henuc So-wh 08"42'02" East. a distance of 42.83 feet; Thence Sau:li d 0342Q" East., a distan" of R3.1A feet; Thence 5outlx 99935'52" East, paadlcl with and offset 18.:50 Feet northcTly of said northerly ri,E3tt of way, a distance of 353.23 feet; i'ltaned South 93"ail'33" East. a distend *f 1501.85 feet; Tbance South 0O 24'478" %Vcst, a distpce Df 2.50 feel to the POIN"1' OF 1)CGlWtNQ Tht above deeaccihc i parcel contains 8.355 acres or 15,462 square feet, mate nr leas. Together xviih and subject m covenonis. e=ntt as and residi tions ofreeoni 'rite twis ofhearings for this parcel is Noyttt 89"22'40" NV -.sl bt:iwccn the 51 14 carttt:r rand SostinWSt comer of said Section d. laviLp, T. .1 15(l 017 2 g $ End ofMicription )tlejy+j C%1 1 Contin Ued Permanent Easement - Two Party- page 13 1252207-8 d 74�-- EXHIBIT "A" (CONTINUED) Sketch SKETCH FOR LEGAL EXRIBIT FAIRVIEW AVENIEIRECORDS AVENUE PERMANENT .EASEMENT A PARCEL OF 1"D DAWC A PORTION OF IifE SWI14 OF SEC71ON 4. T. 3 N., R. 1 E., BOISE HEFi7MN, ADA GCOUNTY, IDAPO 2Oj � 559;35 a2 2' 545. f�<! "FCX. • PC�Ie��+yVp C,A,=11131e'tY5► �=ST323�.5'� �y%"�5. ['p � 10729 za s}, 111rFlrr �o w 117W Arsov = ta.W AM or 1&982 s,r. r+�a za2'w �-$WX2'O2T b&45' tZ$3' ii6939'�B'iY t SCO74"WW 11.1x' 2." "�i�,tp�:if1' t9�G3r7ytl�C C S' .F My zy r 55,87 J... i � M9�RyfG"3Y 'cG5�31' • _ ' .SW ctwNm ltQ3'30 S3`Pt 1'z7Vls'I CJF St+:ti{7N4 FAMVMWAVE 1R43" caumLi{1t!Sa .FOATOF VN COMM (7wDN94G SEC770W 'Hpacific sdrnro 13M 2nkU2MW NOT TO SCALE Permanent Easement - Two Party - page 14 1252207-8 I f EXHIBIT B TITLE EXCEPTIONS 10. Except mineral or water rights, claims or title to mineral or water, i 11. Covenants, conditions, restrictions and easements contained in the Deed to the State of Idaho, conveying a portion of the property adjoining. Recorded: July 28, 19SS, as Instrument No. 380667 12, Well Sharing, Water Supply and Easement Agreement, recorded July 31, 2008, as Instrument No. 108087272, Records of Ada County, Idaho. 13. Water Line Easement Agreement, recorded July 31, 2008, as Instrument No. 108087273, Records of Ada County, Idaho. 14. Development Agreement, recorded January 29, 2009; as Instrument No. 109009630, Records of Ada County, Idaho. 15. Rights, rights of way, reservations and exceptions in the patent recorded in Book 5 of Patents, Page 18. Permanent Easement - Two Party - page 15 1252207-8 Project Name: Records Ave -Fairview Project Number: R/W Parcel Number: Township/Range/Section: T.3N., R.1,E., Section 4 TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this /4,� day of , 20,3., KARL KLEINER, as Trustee of KLEINER TRUST A, as to an undivided 12.5% interest; KARL KLEINER, as Trustee of KLEINER TRUST B, as to an undivided 12.5% interest; DAVID KLEINER, as Trustee of KLEINER TRUST C, as to an undivided 12.5% interest; DAVID KLEINER, as Trustee of KLEINER TRUST D, as to an undivided 12.5% interest; KAREN KLEINER, as Trustee of KLEINER TRUST E, as to an undivided 12.5% interest; KAREN KLEINER, as Trustee of KLEINER TRUST F, as to an undivided 12.5% interest; BRUCE KLEINER, as Trustee of KLEINER TRUST G, as to an undivided 12.5% interest; BRUCE KLEINER, as Trustee of KLEINER TRUST H, as to an undivided 12.5% interest; collectively, hereinafter "GRANTOR", and ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho, hereinafter "ACRD" and MERIDIAN CENTERCAL, L.L.C., a Delaware limited liability company, hereinafter "CENTERCAL" (ACHD and CENTERCAL shall be collectively and/or individually referred to as "Grantee"). WITNESSETH: FOR -VALUE RECEIVED, and for the term and uses and on. the terms and conditions hereinafter set forth, GRANTOR does hereby grant to GRANTEE an easement (the "Easement") under, over-, through and across that certain real property owned by GRANTOR situated in the COUNTY OF ADA, STATE OF IDAHO more particularly described and depicted on Exhibit "A" attached hereto and by this reference made a part hereof (the "Servient Estate"). This grant is made on the following terms: 1. Authorized Uses By GRANTEE. GRANTEE's use of the Easement granted herein shall be in connection with the construction and improvement of a highway on adjoining and abutting property owned by GRANTEE municipally known as Records Avenue and Fariview Avenue (the "Dominant Estate"), for access and egress for equipment and vehicles, for construction; excavation, storage of earth and other materials thereon, for surveying, and for all other reasonable uses that are necessary, advisable or convenient to GRANTEE in connection with such highway construction and improvement project, and for ingress and egress to and from the Dominant Estate. Access to the structures within the Easement area will not be impeded by GRANTEE's use of the Easement area. Temporary Construction Easement, page 1 (9/14/06) 1343244_1 L-- 2. Use by Others Under GRANTEE. GRANTEE's right to so use the Servient Estate during the term of the Easement shall extend to use by GRANTEE's Commissioners, employees, contractors and agents. 3. Term. This Easement shall be for a term commencing on the date of the GRANTOR's execution of this Indenture and terminating on the completion of the highway construction and improvement project on the Dominant Estate. Upon expiration of the term of this Easement, the rights and privileges granted to GRANTEE hereunder shall cease and terminate and this Easement shall be null and void and of no further force and effect. 4. Indemnification. GRANTEE hereby agrees to indemnify and hold GRANTOR harmless from and against any and all claims for loss, injury, death and damage caused by or arising out of the use of the Servient Estate by GRANTEE, its Commissioners, employees, contractors and agents, hereunder, and including, without limitation, attorneys fees and costs that might be incurred by GRANTOR in defending any such claims. CenterCal (and its employees, contractors, and agents) will indemnify GRANTOR for any damage caused to structures within the Easement area from its activities in the Easement area and will restore such structures to their pre-existing condition in the event of such damage. 5. Restoration on Expiration of Term. As provided on Exhibit "A" hereto, on the expiration of the term of this Easement the Servient Estate shall be restored by GRANTEE, at its sole cost and expense, to at least as good a condition as existing on the date of this Indenture. 6. Binding Effect. This Easement, and the covenants and agreements herein contained, shall, during the entire term hereof, be binding upon and inure to the benefit of (i) GRANTEE AND GRANTOR, respectively, and their successors and assigns, and (ii) their respective interests in the Dominant and Servient Estates. 7. Appurtenant. The Easement herein granted is appurtenant to the Dominant Estate. TO HAVE AND TO HOLD this Easement unto the GRANTEE for the term hereinabove set forth. GRANTOR covenants to GRANTEE that GRANTEE shall enjoy the quiet and peaceful possession of the Servient Estate throughout the term hereof; and, GRANTOR warrants to the GRANTEE that GRANTOR is lawfully seized and possessed of the Servient Estate and has the right and .authority to grant this Easement to GRANTEE. Temporary Construction Easement, page 2 (9/14/06) 1343244_ 1 IN WITNESS WHEREOF, this Temporary Construction Easement has been duly executed by the parties, the day, month and year herein first above written. KARL KLEINER, as Trustee of KLEINER TRUST A KARL KLEINER, as Trustee KARL KLEINER, as Trustee of KLEINER TRUST B KARL KARL KLEINER, as Trustee DAVID KLEINER, as Trustee of KLEINER TRUST C DAVID KLEINER, as Trustee DAVID KLEINER, as Trustee of KLEINER TRUST D x -7 DAVID KLEINER, as Trustee~ Temporary Construction Easement, page 3 (9/14/06) 13432441 KAREN KLEINER, as Trustee of KLEINER TRUSTE KAREN KLEINER, as Trustee KAREN KLEINER, as Trustee of KLEINER TRUST F KAREN KLEINER, as Trustee BRUCE KLEINER, as Trustee of KLEINER TRUSTG BRUCE KLEINER, as Trustee BRUCE KLEINER, as Trustee of KLEINER TRUST H BRUCE• KLEINER, as Trustee Temporary Construction Easement; page 4 (9/14/06) 1343244_1 _ KAREN KLEINER, as Trustee of KLEINER TRUST E KAREN KLEINER, as Trustee KAREN KLEINER, as Trustee of KLEINER TRUST F KAREN KLEINER, as Trustee BRUCE KLEINER, as Trustee of KLEINER TRUST G BRUCE KLEINER, as Trustee BRUCE KLEINER, as Trustee of KLEINER TRUST H BRUCE KLEINER, as Trustee Temporary Construction Easement- 4 (9/14/06) 1343244_1 MERIDIAN CENTERCAL, L.L.C. a Delaware limited liability company By: CenterCal, LLC, a Delaware limited liability company Its: Sole Member By: CenterCal Associates, LLC, a Delaware limited liability company Its: Manager By: Jean Paul Wardy, President Managing Member ADA COUNTY HIGHWAY DISTRICT by Supervisor, Right -of -Way Exhibit List "A" Description/Depiction of Servient Estate NO ACKNOWLEDGEMENT NEEDED. THIS EASEMENT IS NOT TO BE RECORDED The Ada County Highway District (ACHD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and directives. ACHD assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be,excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity. Temporary Construction Easement,- page 5 (9/14/06) 13432441 Date, December 12, 201 1 FAIRVIEW AVENUE -RECORDS AVENUE TEMPORARY EASEMENT A parcel of land being a portion of the SWI/4 of Section 4, Township 3 North, Range 1 Fust, Boise Meridian, Ada County, Idaho, more particularly described as follows; COMMENCING at the S 1/4 -comer of said Section 4, monumented by a 5/8" rebar (Corner Record No. 102051329), frons which the Southwest corner of said Section 4,'monumented by a 3.5" brass cap (Comer Record No. 110054177) bears North 8922'40" West, adistance ol'2659.51 feet; Thence North 89°22'40" West, coincident with the southerly line.of the SWI/4 of said Section 4, a distance of 8.53 feet; Thence North 00°37'20" F.asL perpendicular to said southerly line, a distance of 55.22 feet to a point on the northerly right of way line of Fairview Avenue: Thence North 00°24'08" East, perpendicular to said northerly right of way line, a distance of 2.50 feet to the POINT OF BEGINNING; Thence North 83°30'33" West; a distance of 150.85 feet; Thence North 89135'52" West, parallel with and offset 18.50 kiA northerly of said northerly right of way, a distance of 353.23 feet; Thence North 47°34'20" West, a distance of 83.10 feet; Thence North 08°42'02" West, a distance of 42.83 feet: Thence North 0024' 14" East; a distance of 342.93 feet to the beginning of a tangent curve to the left; Thence northerly along the arc of said curve to the left, an are distance of 260.83 feet:, said curve having a radius of 540.50 feet, a central angle of 27°38'59", and a chord bearing of North 13°25' 15" West a distance of 258.31 lcet; "thence North 00°24'08" East, a distance of. 31.79 feet; 'thence South 99'15'52." East, a distance of 10.00 feat; Thence South 00°24'08" West, a distance of 29.34 feet to the beginning of non -tangent curve to the right; Thence southerly along the are of said curve to the right, an aro distance of 263.19 feet, said curve having a radius of 550.50 feet, a central angle -of 27°23'33", and a chord bearing of South 13017'32." East adistance of 260.69 feet; Thence South 00'24'14" West, a distance of 342.13 feet; Thence South 08°42'02" East, a distance of 38.51 feet; (continued) Temporary Construction Easement, page 6 (9/14/06) j1343244 1 Thence South 47°34'20" Fast, a distance of 75.73 feet; Thence South 89°35'52" East. parallel with and offset 28.50 feet northerly of said northerly right ofway a distance of'443.08 feet; Thence North 00024'08" East, perpendicular to said northerly right of way, a distance of 20.00 feet; Thence Souili 89°35'52" Fast, parallel with and offset 48.50 feet northerly of said northerly right of way a distance of 56.30 feet; Thence South 00°24'08" West, perpendicular to said northerly right of way, a distance of 46.00 feet to the POINT Or, BEGINNING. The above described parcel contains 0.342 acres or 14,891 square feet, mo Together with and subject to covenants, easemerits €urd restrictions ofrecoi The basis of bearings for this pareel is North 89122'40" West between the said Section 4. Temporary Construction Easement, page 7 (9/14/06) 1343244_1 SKETCH FOR LEGAL EXHIBIT FAIRVIEW AVENUE/RECORDS AVENUE TEMPORARY EASEMENT - A PARCEL OF LAND BEING A PORTION OF THE SW1/4 OF SECTION 4, T. 3 N., R. 1 E., BOISE MERIDIAN, ADA COUNTY, IDAH0 ' 2011 S59 35'52".E 1A,[d0" NCC'24'0$`E 590°24'QA'll 31.79' 29-34' M2738'59' A=2773'33' .• 1=260.8i' L-263.19' R=540.50' x=550.50' _ r.a=Ni325'f5V C.6=Sf-3'17'32'E a 4 0 Q � 0 ,w jk Toia1 Area #0,342 Ac. � $ or 14,891 s. f. RECOMS ROAD AREA = 6,351 sf. or 10.146 Ac.SUB'851 E FARM(AVE AREA - 8,5J3 sJ. S893552 £ POINT OF or 10.196 Ar.>�y. `j}fid• ` 9iF'GIA?Nf{Yri Np842'42"1 ,lb, f j 35:. 44308' N0024'08"E /' 42.53'4' 2.50' - _ _ .._ ersm c R%+ X35 571 ._ 35.3.73 _ _ ._ — _ — N633033"W 53' _ 2650-91, SW N89 22'40"19 2659.51' r 1G0'AAMffAlCF-MEWf INT OP S1dMON4 FAIRVIEW"E, N00'37'2TE. 55,22' 5114 COMER s.��tro>ti a Wi�PdC1C 3130 3. CW.9e SL Balsa, 0 53105 Z00 wmi.wh� ,mr, NOT T3 SCALE Temporary Construction Easement, page 8 (9/14/06) 1343244_1