Cross Access Easement (Boise Valley Commons and CGBR)RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Moffatt Thomas
Cynthia A. Melillo, Esq.
P.O. Box 829
Boise, ID 83701-0829
ADA COUNTY RECORDER Christopher D. Rich 2016.055395
BOISE IDAHO Pgs=7 NIKOLA OLSON 06/23/2016 04:51 PM
CGBR AMOUNT:$28.00
II' II I'I I I II I'I I I II'� ll I'I III l I I'I I I ll l l ll II I I'll
00240122201600553950070076
(Space Above Line For Recorder's Use Only)
CROSS ACCESS EASEMENT AGREEMENT
This Cross Access Easement Agreement ("Agreement") is made effective as of the
day of _ 2016, by Boise Valley Commons, LLC, an Idaho limited liability
company ("BVC") and CGBR, LLC, an Idaho limited liability company ("CGBR"). BVC and
CGBR may be referred to herein as a "Party" or collectively as the "Parties."
RECITALS
A. BVC is the owner of that certain parcel of real property located in
Meridian, Ada County, Idaho, legally described on Exhibit A, attached hereto and incorporated
herein by this reference (the "BVC Property").
B. CGBR is the owner of that certain parcel of real property located in
Meridian, Ada County, Idaho, legally described on Exhibit B, attached hereto and incorporated
herein by this reference (the "CGBR Property"). The BVC Property and the CGBR Property
may be individually referred to herein as the "Property" or collectively as the "Properties."
C. The BVC Property and the CGBR Property are located immediately
adjacent to each other, and may be collectively referred to herein as the "Properties."
D. In order to effectuate the development, use and operation of the
Properties as intended by the Parties, the Parties desire to provide for reciprocal nonexclusive
rights of access for the benefit of each of them and respective Properties upon the terms and
conditions set forth herein.
NOW THEREFORE, for the benefit of the proper development, use, operation and
enjoyment of the Properties, the Parties hereby make the following grants, agreements,
covenants and restrictions:
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GRANT OF CROSS -ACCESS EASEMENTS
1.1 BVC hereby grants to CGBR a nonexclusive right of access on, over and
across those driveway areas of the BVC Property, as the same may from time to
time be constructed and maintained for such use (the "BVC Grant").
1.2 CGBR hereby grants to BVC a nonexclusive right of access on, over and
across those driveway areas of the CGBR Property, as the same may from time
to time be constructed and maintained for such use (the "CGBR Grant").
1.3 The BVC Grant and the CGBR Grant shall be collectively referred to
herein as the "Access Easement."
2. PURPOSE AND USE OF ACCESS EASEMENT.
2.1 The BVC Grant shall be used by the owners of the CGBR Property, their
tenants, and the officers, directors, employees, agents, contractors, customers,
vendors, suppliers, visitors, invitees, licensees, subtenants, and concessionaires
of the owners and their tenants, in common with others entitled to use the same,
for the purposes of vehicular and pedestrian ingress and egress to and from the
CGBR Property and the adjacent public roadways.
2.2 The CGBR Grant shall be used by the owners of the BVC Property, their
tenants, and the officers, directors, employees, agents, contractors, customers,
vendors, suppliers, visitors, invitees, licensees, subtenants, and concessionaires
of the owners and their tenants, in common with others entitled to use the same,
for the purposes of vehicular and pedestrian ingress and egress to and from the
BVC Property and the adjacent public roadways.
3. NOT A PUBLIC DEDICATION.
Nothing herein contained shall be deemed to be a gift or dedication of any portion of the
easements granted herein to the general public or for the general public or for any public
purpose whatsoever, it being the intention of the parties that this Agreement shall be strictly
limited to and for the purposes herein expressed.
4. MODIFICATION.
Either Party may change the driveway areas located upon such Party's Property;
provided that there shall always be ingress and egress to and from the Properties and
Celebration Drive and Cinema Drive and further provided that the flow of motor vehicles
between the Properties shall not be materially impeded. The Access Easement shall not be
terminated unless expressly agreed to in writing by the owners of both the Properties.
5. HEADINGS.
The headings of the several sections contained herein are for convenience only and do
not explain, define, limit, amplify, or aid in the interpretation, construction or meaning of the
provisions of this Agreement.
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6. RECITALS AND EXHIBITS.
The recitals and exhibits contained herein are incorporated herein as if set forth in full
herein. However, in the event of any conflict between such recitals and/or exhibits and the
terms and conditions of this Agreement, this Agreement shall control.
7. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of Idaho, and be performed
in the State of Idaho.
8. BINDING EFFECT.
All of the easements, covenants, conditions and declarations contained herein shall be
appurtenant to and for the benefit of each Parcel and shall run with the land.
[End of Text]
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IN WITNESS WHEREOF, the undersigned has executed this Declaration as of the date
hereinabove provided.
BOISE VALLEY COMMONS, LLC
an Idaho limited liability company
_7
By:
Nam):—
Title:--& U ,�
STATE OF IDAHO )
SS:
COUNTY OF ADA )
On this day of in the year of 2016, before me, a Notary Public in
and for said State, personally appeared -, known or identified to me to be the
of Boise Valley Commons, LLC, an Idaho limited liability company, the
company tKat executed the instrument or the person who executed the instrument on behalf of said
company, and acknowledged to me that such company executed the same.
Witness my hand and Notarial Seal this _,793 day of}�_ 2016.
[SEAL]
j1'i
aOT,q,91- = N
-
G
•••
••..... •• ��
" F OF •IOP%%��
Notary Puoc
Printed: r'ef1C� _t
I am a resident ofCounty, Idaho
My commission expires: i _—[ 1-- -
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GCBR, LLC
an Idaho limited liability company
By'
Name:
Title:
STATE OF IDAHO )
SS:
COUNTY OF ADA )
On this ZZ day of V r)t , in the year of 2016, before me, a Notary Public in
and for said State, ersonally appeared l�U .h I, L� i YI , known or identified to me to be the
'i � ti1 , 11'!'lF' of CGBR, LLC, an Idaho li Ited liability company, the company that
executed the instrument or the person who executed the instrument on behalf of said company,
and acknowledged to me that such company executed the same.
[SEAL]
Witness my hand and Notarial Seal this 2-2 day of J C 11 -C' 2016.
ASHLEY DEAUSTIN
Notary Public
State of Idaho
Notary TlidiPrinteda D tV
am a resident o
My commission expires: _
V1
County, Idaho
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EXHIBIT "A"
Legal Description of the CGBR Property
A parcel of land being a portion of Parcel B as shown on ROS 8511, and also being a portion of
Lots 4, 5 and 6, Block 1, of Destination Place Subdivision, as shown on file in Book 101 of Plats
at Page 13395 Ada County Records, and located in the SE1/4 of the SW1/4 of Section 17, T. 3
N., R 1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follow:
Basis of Bearings for this description is South 89°52'19" East, between the brass cap marking
southwest corner of Section 17, and the brass cap marking the S1/4 corner of Section 17;
COMMENCING at a brass cap marking the southwest corner of Section 17;
Thence South 89°52'19" East, coincident with the south line of the SW1/4 of said Section 17, a
distance of 2306.54 feet;
Thence North 0006'08" East, 225.06 feet;
Thence North 89°52'19" West, 249.42 feet to the POINT OF BEGINNING;
Thence continuing North 89052'19" West, 90.00 feet;
Thence North 0°07'41" East, 146.17 feet to the southerly right of way of E. Cinema Drive;
Thence North 81 °34'56" East, coincident with said southerly right of way of E. Cinema Drive,
91.01 feet;
Thence South 0°07'41" West, 159.69 feet to the POINT OF BEGINNING.
The above described parcel contains 0.32 acres more or less.
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EXHIBIT "B"
Legal Description of the BVC Property
A parcel of land being a portion of Parcel B and C as shown on ROS 8511, and also being a
portion of Lots 6 and 7, Block 1, of Destination Place Subdivision, as shown on file in Book 101
of Plats at Page 13395, Ada County Records, and located in the SE1/4 of the SW1/4 of Section
17, T. 3 N., R 1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as
follow:
Basis of Bearings for this description is South 89052'19" East, between the brass cap marking
southwest corner of Section 17, and the brass cap marking the S1/4 corner of Section 17;
COMMENCING at a brass cap marking the southwest corner of Section 17;
Thence South 89°52'19" East, coincident with the south line of the SW1/4 of said Section 17, a
distance of 2306.54 feet;
Thence North 0006'08" East, 225.06 feet;
Thence North 89052'19" West. 27.00 feet to the westerly right of way of S. Celebration Ave., and
the POINT OF BEGINNING;
Thence North 89°52'19" West, 222.42 feet;
Thence North 0°07'41" East, 159.69 feet to the southerly right of way of E. Cinema Drive;
Thence North 81'34'56" East, coincident with said southerly right of way of E. Cinema Drive,
116.88 feet to the beginning of a curve to the right;
Thence 159.95 feet along the arc of said curve and coincident with said southerly right of way E.
Cinema Drive, with a central angle of 98°31'34", a radius of 93.01 feet, subtended by a chord
bearing South 49°07'55" East, 140.96 feet to said westerly right of way of S. Celebration
Avenue;
Thence South 0006'08" West, 85.07 feet to the POINT OF BEGINNING.
The above described parcel contains 0.84 acres more or less.
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