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Cross Access EasementADA COUNTY RECORDER Christopher D. Rich 2016-060984 BOISE IDAHO Pgs=16 DAWN TRIVOLIS 07/08/2016 04:58 PM TITLEONE -TWIN FALLS $55.00 INITIAL IMPROVEMENT, MAINTENANCE AND CROSS ACCESS EASEMENT AGREEMENT THIS INITIAL IMPROVEMENT, MAINTENANCE AND CROSS ACCESS EASEMENT AGREEMENT ("Agreement") is made and entered into this q6day of July, 2016, by and between Grand Jr., LLC, an Idaho limited liability company ("Grand") and Sjobeck Properties, LLC, a Minnesota limited liability company ("Sjobeck"), and their respective successors and assigns. Grand and Sjobeck are sometimes individually referred to as "Owner" and collectively as "Owners". WITNESSETH: WHEREAS, Grand is the Owner of Parcel G located in the City of Meridian, Ada County, Idaho more particularly described on Exhibit "1-A" and depicted on Exhibit "1-C" attached hereto and incorporated herein by this reference ("Grand Parcel"); and WHEREAS, Sjobeck is the Owner of Parcel F located in the City of Meridian, Ada County, Idaho more particularly described on Exhibit "1-B" and depicted on Exhibit "1-C" attached hereto and incorporated herein by this reference ("Sjobeck Parcel"); and WHEREAS, the Grand Parcel and the Sjobeck Parcel are adjacent to each other and utilize shared private entry ways more particularly depicted on Exhibit "2" attached hereto and incorporated herein by this reference, for purposes of ingress and egress for the businesses located on their respective parcels ("Driveways"). WHEREAS, the parties desire to establish an agreement whereby Grand will construct certain initial improvements on the Sjobeck Parcel, the parties will grant permanent cross access easements for the Driveways for the benefit of their parcels, and the Driveways will be maintained. NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained, and other valuable consideration, the receipt and adequacy of which are hereby confirmed, the parties hereto for themselves and their future successors and assigns do hereby agree as follows: INITIAL IMPROVEMENTS 1. Initial Improvements. Grand agrees to construct, at its own cost and expense, an underground storm drain to be shared by the Grand Parcel and Sjobeck Parcel for purposes of storm water retention ("Storm Drain"). The Storm Drain shall be located on the Grand Parcel. Grand agrees to install, at its own cost and expense, concrete curbing on the Sjobeck Parcel as depicted in clouds on Exhibit 2. Grand also agrees to prepare and pave with asphalt the area of the Sjobeck Parcel depicted with black and white shading on Exhibit 2. The improvements described in this paragraph 1 shall be collectively referred to as the "Initial Improvements." Grand agrees that the work shall be done in a workmanlike manner and in compliance with all INITIAL IMPROVEMENT, MAINTENANCE AND CROSS ACCESS EASEMENT AGREEMENT -1 local and state rules and regulations. Sjobeck shall be deemed to have accepted the Initial Improvements upon their completion pursuant to the terms of this paragraph 1. 2. Construction Easement. Sjobeck grants to Grand, its subcontractors, suppliers and agents such construction and maintenance easements on, over and under the Sjobeck Parcel as are reasonably necessary to construct and maintain the improvements described in Section 1 above, provided that all such construction and maintenance shall be performed so as not to unreasonably intrude on the use and operation and access to the Sjobjeck Parcel. During any construction activities on the Sjobeck Parcel, Sjobeck agrees to keep access to the Grand Parcel open during all public business hours of any business located on the Grand Parcel. Sjobeck also agrees to repair at its sole expense any damage done to the Initial Improvements as a result of construction activities on the Sjobeck Parcel. MAINTENANCE AND REPAIRS 3. Performance of Maintenance. Grand, for itself, its successors or assigns, in its sole and exclusive discretion, shall perform or cause to be performed all maintenance of the Storm Drain and Driveways as set forth herein ("Maintenance") and shall bill Sjobeck in conformance with paragraphs 4 and 5 below. Maintenance shall include the following items, without limitation: (a) Cleaning and replacement of all drains; (b) Removal from the Driveways of all snow, ice, papers, rubbish, debris, filth, refuse and other hazards to those using the Driveways as set forth herein and thoroughly sweeping the area to the extent reasonably necessary to keep the area in a clean and orderly condition; (c) Maintenance of signs and pavement markings, entrance, exit, and directional signs and markers, if any, to maintain the Driveways in first- class condition and provide for safe traffic flow; (d) Application of sealants, slurry coating, and other treatments routinely applied to parking lots and drive aisles to preserve and extend the life of the paved surfaces and maintain them in a first-class condition; (e) Maintaining, cleaning and replacing the Driveways' lighting facilities, including lamps, ballasts and lenses; and (f) Keeping Driveways free from any obstructions. The parties understand and agree that Mountain West Hospitality, LLC, the tenant of Grand, shall perform all of Grand's maintenance obligations hereunder so long as it is a tenant of Grand. 4. Cost Allocation for Maintenance. The cost of the Maintenance for the Storm Drain and Driveways ("Maintenance Cost") shall be shared by Grand and Sjobeck pro rata, with Grand paying seventy-two percent (72%), and Sjobeck paying twenty-eight percent (28%) of the total Maintenance Cost. INITIAL IMPROVEMENT, MAINTENANCE AND CROSS ACCESS EASEMENT AGREEMENT - 2 5. Billing. Upon receipt of a bill for the performance of any Maintenance, Grand shall submit an invoice to Sjobeck for its pro rata share of the Maintenance Costs along with such supporting documentation as may be requested by Sjobeck ("Invoice"). Sjobeck shall pay said Invoice in a timely manner, but in no event greater than thirty (30) days after receipt thereof. In the event any Invoice is not paid within thirty (30) days of receipt, interest shall accrue on the amount due at a rate equal to eighteen percent (18%) beginning on the date of receipt of said Invoice. Notwithstanding anything contained to the contrary herein, Sjobeck obligation to pay its pro rata share of the Maintenance Costs shall not arise until the Sjobeck Parcel is occupied by Sjobeck or a tenant. 6. Enforcement of Maintenance Obligations. In the event either Owner fails to perform its obligations pursuant to this Agreement or defaults in the payment of its share of the payment for the performance of the Maintenance as set forth herein, the other may institute legal action for performance of and payment for such Maintenance (including any interest accrued thereon). 7. Lien. Pursuant to its obligation to maintain the Storm Drain and Driveways as provided for herein, Grand shall be entitled to a lien against the Sjobeck Parcel if the Owner thereof does not pay its pro -rata share of Maintenance Costs, which lien shall be created and foreclosed in accordance with this Paragraph 7. (a) Creation. A lien authorized by this Paragraph 7 shall be created by recording a written instrument (the "Claim of Lien") in the real property records of Ada County, Idaho, which (i) references tlus Maintenance Agreement by recording number, (ii) alleges a specific breach of this Maintenance Agreement, (iii) states the amount owed by the Owner of the Sjobeck Parcel through the recording date of the Claim of Lien, (iv) contains a legal description of the Sjobeck Parcel, and (v) is executed and acknowledged by the Owner of the Grand Parcel. (b) Amount. A lien created pursuant to this Paragraph 7 shall include (i) the amount stated in the Claim of Lien, (ii) all costs and expenses incurred in creating and foreclosing such lien (including attorneys' fees), (iii) all amounts which become due from the Owner of the Sjobeck Parcel to the Owner of the Grand Parcel after the date the Claim of Lien is recorded, whether such amounts arise from a continuation of the default alleged in the Claim of Lien or from some other default under this Maintenance Agreement and (iv) interest on all the foregoing at the rate of eighteen percent (18%) per annum. (c) Priori , The priority of a lien created pursuant to this Paragraph 7 shall be established solely by reference to the date of the Claim of Lien is recorded. (d) Extinguishment. If the Owner of the Sjobeck Parcel cures its default, and pays all amounts secured by a lien created pursuant to this Paragraph 7, the Owner of the Grand Parcel shall record an instrument sufficient in form and content to clear title to the Sjobeck Parcel. INITIAL IMPROVEMENT, MAINTENANCE AND CROSS ACCESS EASEMENT AGREEMENT -3 (e) Foreclosure. A lien created pursuant to this Paragraph 7 shall be foreclosed judicially, in the same manner as provided for foreclosure of a mortgage of real property in the State of Idaho. 8. Continuing Obligation. The record title owner of the Grand Parcel and the Sjobjeck Parcel and their respective lessees, if any, by acceptance of the deed to, lease of or conveyance of all or a portion of either parcel or interest therein, shall be deemed to covenant and agree to continue to be bound by this Maintenance Agreement. Any sum not paid, or other obligation not performed when due, together with interest payable hereunder, and all costs and attorneys' fees incurred in connection with collection, shall be the obligation of the Owner and/or lessee of said parcel at the time the payment or obligation became due. The obligation shall not be released by any transfer of said parcel subsequent to. the date such payment or obligation became due, but such obligation shall run with the land and shall be binding upon any successor Owner. 9. Remedies Cumulative. The remedies provided herein are in addition to any remedies available elsewhere in this Maintenance Agreement or under applicable law. Exercise of one remedy shall not be deemed to preclude exercise of other remedies for the same default, and all remedies available to an Owner may be exercised cumulatively. CROSS ACCESS EASEMENTS 10. Cross Access Easement in favor of Siobeck Parcel. Grand hereby grants and conveys to Sjobeck a nonexclusive easement on a portion Grand's real property described on Exhibit 3 ("Sjobeck Easement Real Property") and depicted on Exhibit 5 attached hereto and incorporated by reference for the benefit of the Sjobeck Parcel. The purpose of the easement shall be for vehicular and pedestrian traffic, but not parking for Sjobeck, its successors and assigns, tenants, occupants, employees, agents, contractors, customers, invitees or licensees. The term of this easement shall be perpetual. The parties agree on behalf of themselves and their successors, assigns, purchasers, or transferees of any kind, that the provisions of cross access easement (i) shall run with and bind the Sjobeck Easement Real Property, and (ii) shall inure to the benefit of, and be enforceable (at law or in equity) by any owner of all or part of, the Benefited Real Property. 11. Cross Access Easement in favor of Grand Parcel. Sjobeck hereby grants and conveys to Grand a nonexclusive easement on those portions of Sjobeck's real property described on Exhibit 4 ("Grand Easement Real Property") and depicted on Exhibit 5 for the benefit of the Grand Parcel. The purpose of the easement shall be for vehicular and pedestrian traffic, but not parking for Grand, its successors and assigns, tenants, occupants, employees, agents, contractors, customers, invitees or licensees. The term of this easement shall be perpetual. The parties agree on behalf of themselves and their successors, assigns, purchasers, or transferees of any kind, that the provisions of cross access easement (i) shall run with and bind the Grand Easement Real Property, and (ii) shall inure to the benefit of, and be enforceable (at law or in equity) by any owner of all or part of, the Benefited Real Property. INITIAL IMPROVEMENT, MAINTENANCE AND CROSS ACCESS EASEMENT AGREEMENT -4 MISCELLANEOUS 12. Realty Taxes and Assessments. Parties shall, at their sole cost and expense, pay when due for their respective parcel, all real estate taxes and assessments which may be levied, assessed, or charged by any public authority against the respective parcel owned by the party or any portion thereof. 13. Liability Insurance. Each Owner shall, severally, at all times during the term of this Maintenance Agreement, maintain or cause to be maintained in full force and effect a comprehensive general public liability insurance policy covering its respective ownership interest in the Grand Parcel or the Sjobeck Parcel or any other portion thereof with a financially responsible insurance company or companies, including coverage for any accident resulting in bodily injury to or death of any person and consequential damages arising therefrom, and a comprehensive property damage insurance, each in an amount not less than $2,000,000 per occurrence. Each Owner's public liability policy shall name as an insured any other Owner requesting the same in writing, evidence that the insurance referred to in this paragraph 13 is in full force and effect and that the premiums for such policy have been paid. Such insurance shall provide that the same may not be canceled, reduced below the required minimum or materially amended without at least thirty (30) days prior written notice being given by the insurer to all other Owners. 14. Notices. Any notice, payment, demand, offer, or communication required or pen-nitted to be given by any provision of this Maintenance Agreement shall be deemed to have been sufficiently given or served for all purposes if sent by registered or certified mail (return receipt requested), postage and charges prepaid, or by Federal Express or other reputable overnight deliver service requiring a signature upon receipt, addressed as follows: To Grand: Grand Jr., LLC 485 Grandview Drive Twin Falls, ID 83301 Sjobeck: Sjobeck Properties, LLC 228 E. Plaza Street, Suite E Eagle, ID 83616 The parties hereto may, from time to time, by written notice to the other, designate a different address which shall be substituted for the one specified above. If any notice or other document shall be sent by certified mail as aforesaid, the same shall be deemed to have been effectively served or delivered at the expiration of twenty-four (24) hours following the deposit of said notice in the United States mail in the manner set forth above. 15. Binding Effect. All of the limitations, covenants, conditions and restrictions contained herein shall attach to and run with the Grand Parcel and the Sjobeck Parcel and shall, except as otherwise set forth herein, benefit or be binding upon the successors and assigns of the INITIAL IMPROVEMENT, MAINTENANCE AND CROSS ACCESS EASEMENT AGREEMENT -5 respective Owners. This Maintenance Agreement and all the terms, covenants and conditions herein contained shall be enforceable as equitable servitudes in favor of said parcels and any portion thereof. 16. Attorneys' Fees. In the event of any action between the Owners hereto for breach of or to enforce any provision or right hereunder, the unsuccessful Owner in such action shall pay to the successful Owner all costs and expenses expressly including, but not limited to, reasonable attorneys' fees incurred by the successful Owner in connection with such action. 17. Breach Shall Not Permit Termination. It is expressly agreed that no breach of this Maintenance Agreement shall entitle any Owner to cancel, rescind, or otherwise terminate this Maintenance Agreement and such limitations shall not affect in any manner any of the right or remedies which the Owner may have by reason of any breach of this Maintenance Agreement. 18. No Partnership. Neither this Maintenance Agreement nor any acts of the Owners hereto shall be deemed or construed by the parties hereto, or any of them, or by any third person, to create the relationship of principal and agent, or of partnership, or of joint venture, or of any association between any of the Owners to this Maintenance Agreement. 19. Modification. No modification, waiver, amendment, discharge, or other change of this Maintenance Agreement shall be valid unless the same is first approved in writing, signed by all the Owners. Any change, modification, amendment or rescission made without the requisite written approval and consent described inunediately hereinabove shall be null and void, and of no effect. No consent or approval of any other person or entity shall be required in order to modify or amend any provision of this Maintenance Agreement. 20. Severability. In the event any term, covenant, condition, provision, or agreement contained herein is held to be invalid, void, or otherwise unenforceable, by any court of competent jurisdiction, such holding shall in no way affect the validity of enforceability of any other term, covenant, condition, provision, or agreement contained herein. 21. Governing Law. This Maintenance Agreement and the obligations of the Owners hereunder shall be interpreted, construed, and enforced in accordance with the law of the State of Idaho. 22. Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication or any portion of the Project to the general public or for the general public or for any public purpose whatsoever, it being the intention of the Owners hereto that this Maintenance Agreement shall be strictly limited to and for the purposes herein expressed. 23. Mechanics' Liens. In the event any mechanics' liens are filed against the Grand Property or the Sjobeck Property or any portion thereof, the Owner pennitting or causing such lien to be filed hereby covenants either to pay the same and have it discharged of record promptly, or to take such action as may be required to reasonably and legally object to such lien, or to have the lien INITIAL IMPROVEMENT, MAINTENANCE AND CROSS ACCESS EASEMENT AGREEMENT -6 removed from such parcel, and in all events agreed to have such lien discharged prior to the entry of judgment for foreclosure of such lien. 24. Recording. The parties agree that this Agreement will be recorded by Grand in Ada County. The parties agree to share the cost of recording equally. DATED this V111 day ofy, 2016. "GRAND" GRAND JR., LLC By: Gregg sen 14 Its: Managing mber "SJOBECK" SJOBECK PROPERTIES, LLC, a Minnesota limited liability company Its: STATE OF IDAHO ss. County of Twin Falls ) `` On this W day of , 2016, before me, a Notary Public for the State of Idaho, personally appeared Gregg Olsen, known or identified to me, to be a member of GRAND JR., LLC, and the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability 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 written. SAMANTHA K-1_t*� � NO PU LI FOR I AHO iqOT Ft PUBLIC 31.lC Residing at Residing At: Twin Falls, 1® r STATE OF IDAHO My commission expireQDfflmissian Fxni — 0.1/23/2019 INITIAL IMPROVEMENT, MAINTENANCE AND CROSS ACCESS EASEMENT AGREEMENT - 7 removed from such parcel, and in all events agreed to have such lien discharged prior to the entry of judgment for foreclosure of such lien. 24. Recording. The parties agree that this Agreement will be recorded by Grand in Ada County. The parties agree to share the cost of recording equally. DATED this day of CJ '2016. Com. ►1 GRAND JR., LLC Gregg Olsen Its: Managing Member "SJOBECK" SJOBECK PROPERTIES, LLC, a Minnesota limited liability company By. Its: 6en.el-a. ( r 4-ne r - STATE OF IDAHO ) ss. County of Twin Falls ) On this day of , 2016, before me, a Notary Public for the State of Idaho, personally appeared Gregg Olsen, known or identified to me, to be a member of GRAND JR., LLC, and the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability 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 written. NOTARY PUBLIC FOR IDAHO Residing at My commission expires INITIAL IMPROVEMENT, MAINTENANCE AND CROSS ACCESS EASEMENT AGREEMENT -7 STATE OF IDAHO ) / ss. County of C16( ) On this day of JU44 2016, before me, a Notary Public for the State of Idaho, personally appeared MdA k , known or identified to me, to be the of Sjobjeck Properties, UC, a Minnesota limited liability company, and the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ( 7)" f �-) - , dl� � � T Y P IC FOR IDAHO kGsiding at ---&-e F--�0 My commissionexpires I,r� 4��,__ oBERrs'''°. �,a000000 O�°r 44� . p.�ARY e r� o r 0ca o a C e C' tia 4 PUS� <� rrr � coca coca 000 {~ ,4♦ Eley` INITIAL IMPROVEMENT, MAINTENANCE AND CROSS ACCESS EASEMENT AGREEMENT -8 EXHIBIT 1-A UNA MAS SUBDIVISION LEGAL DESCRIPTION FOR PARCEL G — GRAND PARCEL The following property located in a portion of Government Lot 4, Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho Beginning at the Northwest corner of said Section 4 Thence North 89°35'23" East, a distance of 830.94 feet along the North boundary of said section 4, Thence South 00°00'06" East, a distance of 38.00 feet to the REAL POINT OF BEGINNING, Thence North 89°35'23" East, a distance of 202.66 feet, Thence South 00°00"09" East, a distance of 324.49 feet, Thence South 89°59'51" West, a distance of 36.92 feet, Thence North 00°00'09" West, a distance of 109.07 feet, Thence South 89°59'51" West, a distance of 165.74 feet, Thence North 00°00'06" West, a distance of 213.97 feet to the REAL POINT OF BEGINNING. Said parcel of land contains 1.091 acres (47,536 Sq. Ft.) more or less INITIAL IMPROVEMENT, MAINTENANCE AND CROSS ACCESS EASEMENT AGREEMENT -9 EXHIBIT 1-B UNA MAS SUBDIVISION LEGAL DESCRIPTION FOR PARCEL F — SJOBECK PARCEL The following property located in a portion of Government Lot 4, Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho Beginning at the Northwest corner of said Section 4 Thence North 89°35'23" East, a distance of 830.94 feet along the North boundary of said section 4, Thence South 00°00'06" East, a distance of 251.97 feet to the REAL POINT OF BEGINNING. Thence North 89°59'51" East, a distance of 165.74 feet, Thence South 00100"09" East, a distance of 109.07 feet, Thence South 89°59'51" West, a distance of 165.74 feet, Thence North 00°00'06" West, a distance of 109.07 feet to the REAL POINT OF BEGINNING. Said parcel of land contains 0.415 acres (18,078 Sq. Ft.) more or less INITIAL IMPROVEMENT, MAINTENANCE AND CROSS ACCESS EASEMENT AGREEMENT -10 EXHIBIT 1-C UNA MAS SUBDIVISION AMENDED PARCEL MAP inm..taiv erva�w�..na Rte n eao ty^4tyf iyy INITIAL IMPROVEMENT, MAINTENANCE AND CROSS ACCESS EASEMENT AGREEMENT - 11 9J Sdw _ r_ vu luras FAST ISIt(7: ROAb v+r J•.+mm, iT " 32,133 ff apt Ntmr, - w.w ta, Imims 33 L�� •• y t. d N. _ __ _ lam,2'420)3l' .--po-o-..-- Ci0� T. 3 N. sccwrnt _ 1 11W35'23%332.55' xm u. ; {2 ry si) 'zm yi xrrt be X u<a.c taKx wrnrt!lmxal - ' � /nKKw 11N?Y14 r- 50f 't k PARM G AW Sr 5 -'rt Pn nARi4'P£LIYtOPfYIIY¢lXti121XYA7>)LSTAO:I.Y' ultlnmi ni :¢ Pmd Aop I) G<>!'?.IAR SXCLL X �' IMALIB3YX)Jt!)7'MW 4LG174:DfN AJCYJTJ3Ycr nu; ti GOIff1P3, arrlE- 9771 mlrxunraxnAn4 Annrr.J 4:+sr; � � ' 1XN�:9(EAlRJAM P+rcd F IA075 5f. � F: I AJGRlf/1AA: 111tH fTXI.\7T; s , I Ls � � --- " `' rxanramrv;�rxee�cmnla'+x " awm rnrvid. P+Ju! 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O °tori is �o JN1tV1 :lik^-aas !' i nKS R:Nd-tom mu wxa rowsta'm<)c std mw llVVts, N'n•iLL11 sw W w,s taR • :psu ,evrWas raa LII4afW1 _. iaU �. ti•YII(A\JfMcuM ;t U'.N'afVIWI2.,l �^-f FJ urnYit smsr i �' —j�(� � SK Y>ron KfctS 11.77 �t� d•li' C�1n-malty �Itti. =AY �_ iP"Rjj, Mx aaA C�eW _HkY_ .ri}'z_ mil- _USIA iFi_ SLE. _)ilCl:._ TL,_ IIS�,,jjj E(�L111..Y<%1tEll yl Y11111C�J, inm..taiv erva�w�..na Rte n eao ty^4tyf iyy INITIAL IMPROVEMENT, MAINTENANCE AND CROSS ACCESS EASEMENT AGREEMENT - 11 Exhibit 2 INITIAL IMPROVEMENT, MAINTENANCE AND CROSS ACCESS EASEMENT' AGREEMENT - 12 mg o; Er r r RN u i FT i ■ I — t SURDATA —A-100 ARCI UTECTURAL 51TE PL� INITIAL IMPROVEMENT, MAINTENANCE AND CROSS ACCESS EASEMENT' AGREEMENT - 12 Exhibit 3 ACCESS EASEMENT IN FAVOR OF PARCEL F — SJOBECK EASEMENT REAL PROPRTY The following property located in a portion of Government Lot 4, Section 4, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northwest corner of said Section 4; Thence, North 89°35'23" East 830.94 feet along the North boundary of said section 4; Thence, leaving said North boundary, South 00°00'06" East 38.00 feet to the Northwest corner of that certain Record of Survey, recorded January 21, 2014, as instrument no. 114005174, of official records, in the office of the county recorder of Ada County; Thence, South 00000'06" East 21397 feet along the West boundary of said Record of Survey; Thence, leaving said West boundary, North 89°59'51" East 165.74 feet to the REAL POINT OF BEGINNING; Thence, North 89°59'51" East 10.91 feet; Thence, South 00000"06" East 109.07 feet; Thence, South 89°59'51" West 10.90 feet; Thence, North 00°00'09" West 109.07 feet to said REAL POINT OF BEGINNING. End of Description INITIAL IMPROVEMENT, MAINTENANCE AND CROSS ACCESS EASEMENT AGREEMENT - 13 Exhibit 4 ACCESS EASEMENT IN FAVOR OF PARCEL G — GRAND EASEMENT REAL PROPERTY The following property located in a portion of Government Lot 4, Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, comprised of two parcels, more particularly described as follows: PARCEL ONE Commencing at the Northwest corner of said Section 4; Thence, North 89°35'23" East 830.94 feet along the North boundary of said section 4; Thence, leaving said North boundary, South 00°00'06" East 38.00 feet to the Northwest corner of that certain Record of Survey, recorded January 21, 2014, as instrument no. 114005174, of official records, in the office of the county recorder of Ada County; Thence, South 00°00'06" East 213.97 feet along the West boundary of said Record of Survey; Thence, leaving said West boundary, North 89°59'51" East 22.99 feet to the REAL POINT OF BEGINNING; Thence, North 89°59'51" East 25.00 feet to a point hereinafter referred to as point A; Thence, South 00°00"06" East 109.07 feet; Thence, South 89°59'51" West 25.00 feet; Thence, North 00°00'06" West 109.07 feet to said REAL POINT OF BEGINNING. Ii t711►ITH Commencing at the hereinabove referred to as point A; Thence, North 89°59'51" East 103.66 feet to the REAL POINT OF BEGINNING; Thence, North 89°59'51" East 14.09 feet; Thence, South 00°00"09" East 109.07 feet; Thence, South 89°59'51" West 14.10 feet; Thence, North 00°00'06" West 109.07 feet to said REAL POINT OF BEGINNING. End of Description INITIAL IMPROVEMENT, MAINTENANCE AND CROSS ACCESS EASEMENT AGREEMENT - 14 '2�V 33� Nes•35'23`E so•oo'os^e 38.00' EXHIBIT 5 ACCESS EASEMENTS Located In I N89'59'5I , e Gov't Lot 4 Section 4 Township.') North, Range 'I Bast o Boise Meridian NOttM Ada County, Idaho E 2016 1 !213.97' e6 -L> 213.9PROPOSED N89'59'51 PARCEL G 14,( N89'59'51 "E 22.89' , 25.00' ! 103.66' I I N89'59'5I m iQ o 10.91, is to E t 1 (o O PROPOSED i� ( � I � ( PARCfI ORE ACCESS w 1 wi PARCEL r FAVOR ( VOR PARCEL. G pz i W S89`59`51'W_/ LS89'59'51'w 14.10' 10.90' 0 15 30 60 SCALE IN FEET 0 INITIAL IMPROVEMENT, MAINTENANCE AND CROSS ACCESS EASEMENT AGREEMENT - 15 m iQ o 1 to �I I ( ACCESS WEt#Fr1T W- ( PARCfI ORE ACCESS FAVOR OF PARCEL F ( FAVOR ( VOR PARCEL. G ACCESSPARCEL W i 25.00` i f 03.66' FAVOR OF PARCEL 0 S89`59`51'W_/ LS89'59'51'w 14.10' 10.90' 0 15 30 60 SCALE IN FEET 0 INITIAL IMPROVEMENT, MAINTENANCE AND CROSS ACCESS EASEMENT AGREEMENT - 15