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SEC-Recording Package-1 - Easement AgmtELECTRONICALLY RECORDED - DO NOT REMOVE THE COUNTY STAMPED FIRST ADA COUNTY RECORDER Phil McGrane 2019-035442 PAGE AS IT IS F401V INCORPORATED AS BOISE IDAHO Pgs=19 VICTORIA BAILEY 04/30/2019 02:14 PM PART OF THE OFI GiNAL DOCUMENT. FIRST AMERICAN TITLE AND ESCROW COMPANY $64.00 Recording Requested By and When Recorded Return to: SP1NK BUTLER LLP Attn: Geoffrey M. Wardle 251 E. Front Street, Suite 200 Boise, Idaho 83701 (SPACE ABOVE TMS LM FOR RECORDER's USE ONLY) ACCESS EASEMENT COMMON MAINTENANCE AND SIGNAGE EASEMENT AGREEMENT THIS ACCESS EASEMENT, COMMON MAINTENANCE, AND SIGNAGE EASEMENT AGREEMENT (this "Agreement") is made and entered into the date last set forth below, by Mercato Center, LLC, an Idaho limited liability company ("Mercato"), and Primeland Investment Group, LLC, an Idaho limited liability company ("Primeland"), and shall be effective as of the date last indicated below. Mercato and Primeland are collectively referenced hereafter as a "Party" and collectively as the "Parties." RECITALS: WHEREAS, Mercato is the owner of certain real property located in Ada County, legally described and depicted on Exhibit A attached hereto and made a part hereof (the "Mercato Property"), upon which certain commercial improvements have been constructed; WHEREAS, Mercato has entered into a contract to sell the Mercato Property to Andary Mercato, LLC, an Idaho limited liability company, and execution of this Agreement is a condition to the closing of the sale of the Mercato Property pursuant to the purchase and sale agreement between Mercato and Andary Mercato, LLC, and is contemplated to be recorded immediately prior to the conveyance of the Mercato Property to Andary Mercato, LLC; WHEREAS, Primeland is the owner of certain real property located in Ada County, legally described and depicted on Exhibit B attached hereto and made a part hereof (the "Primeland Property"), which is presently undeveloped and which requires access over the Mercato Property for vehicular traffic to and from the public right of way; WHEREAS, the Mercato Property and the Primeland Property are sometimes collectively referred to herein as the "Properties"; ACCESS EASEMENT, COMMON MAINTENANCE, AND SIGNAGE EASEMENT AGREEMENT -1 WHEREAS, the Properties are subject to certain limitations and obligations unposed by the Plat for Bridgetower Crossing Subdivision No. 7, recorded in Ada County, Book 92 of Plats at Page 100918-10919, recorded as Instrument No. 105074696 ("Plat"), and that certain Supplemental Declaration of Covenants, Conditions, and restrictions for Bridgetower Crossing Subdivision No. 7, recorded in the Official Records of Ada County, on January 18, 2006, as Instrument No. 106008340, as has been amended from time to time ("Supplemental Declaration"); WHEREAS, the Parties desire to hereby create a certain access easement for vehicular and pedestrian traffic over and across driveways on the Mercato Property more particularly described on Exhibit C (the "Access Drives") and depicted as cross -hatched on Exhibit D, which exhibits are attached hereto and incorporated herein, and public roadways at N. Montelino Way, W. McMillan Road, and W. Quintale Drive, the public streets serving the Properties, in locations and on terms and conditions as further described herein in addition to and supplemental to those obligations in the Plat and Supplemental Declaration; WHEREAS, the Parties accordingly desire to agree, declare, create, receive, and provide for the use and benefit of their respective properties, a reciprocal, perpetual, non-exclusive easement for: (1) pedestrian and vehicular ingress, egress, passage, and traffic between each of the Properties over Access Drives; and (2) maintenance of the same; WHEREAS, the Parties desire and intend that the singular or several owners of fee simple title to the Properties, mortgagees, lessees, occupants and such other persons as from time to time shall possess or acquire an interest in any Property or any portion thereof, and all customers, employees, licensees, tenants and business invitees of such occupants and their respective successors and assigns (the "Permittees") shall at all times enjoy the benefits of, and that the singular and several owners of fee simple title to the Properties (sometimes referred to herein as the "Owner" or "Owners") shall at all tunes hold their interests subject to, the rights, easements, privileges and restrictions hereinafter set forth; and WHEREAS, a monument sign has been constructed on the Primeland Property that provides signage for a tenant on the Mercato Property adjacent to N. Ten Mile Road ("Monument Sign"), that the Parties desire to preserve and provide such easements as are necessary for its continued use by the Mercato Property and its maintenance thereof. NOW, THEREFORE, in consideration of the terms of this Agreement, and in consideration of the recitals above, which are incorporated below, and the premises and the mutual understandings and agreements hereinafter contained, the Parties agree, declare, and grant, as follows: ACCESS EASEMENT, COMMON MAINTENANCE, AND SIGNAGE EASEMENT AGREEMENT - 2 AGREEMENT I. Declaration of Easement for Access Drives. Mercato hereby declares and grants for the benefit of the Primeland Property, and the Owner of the Primeland Property, its heirs, successors and assigns, together with its Permittees, a non-exclusive perpetual easement for ingress and egress by vehicular and pedestrian traffic upon, over, and across the Access Drives (collectively the "Access Drive Easement"). The Access Drive Easement created and granted herein shall run with the land; shall be appurteriant to the Primeland Property and all persons having or acquiring any right, title or interest in the Primeland Property; shall be binding upon the Mercato Property and all persons having or acquiring any right, title or interest in the Mercato Property; and may be enforced by the Parties or by any Owner as hereafter provided. 2. Scope and Purposes of Easement. The Access Drive Easement shall be used for the purposes of providing ingress and egress by pedestrian and vehicular traffic through the Properties and the Access Drives to and between the public roadways at N. Montelino Way, W. McMillan Road, and W. Quintale Drive, the public streets serving the Properties. Mercato shall be entitled to use those portions of the Access Drive Easement, including the subsurface of the Access Drive Easement, for those uses provided herein and for any other reasonable uses so long as such other uses do not unreasonably interfere with or obstruct the use of the Access Drive Easement by the other Party and their Permittees. The Access Drives may be closed from time to time for maintenance, operations, replacement and repair, provided that reasonable access is maintained over the Access Drive Easement. 3. Parkinz Areas. The Parties agree that their respective Properties shall be developed so as to provide sufficient parking for their respective tenants and occupants ("Parking Areas"). The Mercato Property has been developed with 179 parking spaces and at a parking ratio of 6.5 parking spaces per 1,000 square feet of gross building area. The Primeland Property shall be developed to provide a minimum of 6.5 parking spaces per 1,000 square feet of gross building area ultimately developed upon the Primeland Property. While the Parties do not grant a cross parking easement over the Parking Areas, they do desire to provide for the common maintenance of the Parking Areas in conjunction with the Access Drives. 3A. Landscape _Areas. There are certain perimeter landscaping areas that are presently improved on the Properties and are located immediately adjacent to the public rights of way, specifically, N. Ten Mile Road, N. Montelino Way, W. McMillan Road, and W. Quintale Drive, the public streets serving the Properties ("Landscape Areas"). The Parties desire to provide for common maintenance of the Landscape Areas as set forth herein. 4. _Maintenance and Operation. Those areas within the Access Drive Easement, Parking Areas, and Landscape Areas on the Properties that are not dedicated to the public shall be maintained and operated by a "Maintenance Director" to be appointed from time to time by the Owners. There shall be no change in the Maintenance Director without the written agreement of each of the Owners. The Maintenance Director shall ensure that the Access Drive ACCESS EASEMENT, COMMON MAINTENANCE, AND StGNAGE EASEMENT AGREEMENT - 3 Easement, Parking Areas, and Landscape Areas on the Properties are maintained, repaired, replaced, and at all times maintained in good and clean condition and repair, including: (a) Maintenance, repair and replacement of the surface and subsurface of the Access Drive Easement and the Parking Areas on the Properties, as necessary, to maintain them in a level, smooth and evenly covered condition with the types of materials and at the same grade and elevation as used on the date of the completion of construction of the Access Drive Easement and the Parking Areas on the Properties, or portion thereof, except that the Maintenance Director shall be permitted to use such substitute materials as will in all respects be equal to or better than the materials originally used in the construction of the Access Drive Easement and the Parking Areas on the Properties with respect to quality, appearance and durability. (b) Removal from the Access Drive Easement and the Parking Areas on the Properties of paper, rubbish, debris, ice, snow and other hazards to persons using the Access Drive Easement and the Parking Areas on the Properties and washing or thoroughly sweeping the paved areas of the Access Drive Easement and the Parking Areas on the Properties as required. (c) Maintaining, repairing and replacing, when necessary, all parking signs and pavement markings, entrance, exit and directional signs and markers and lights so as to be uniform with those used on the real property owned and developed by the Owners. (d) Such painting and repainting of traffic lines and parking lines to maintain the Access Drive Easement and the Parking Areas on the Properties in first class condition so as to be uniform with and provide for safe traffic flow between the real property owned and developed by the Owners. (e) The maintaining, repair and replacement of all curb cuts on the Access Drives that allow access to and from the real property owned and developed by the Owners. (f) Maintaining, repairing and replacing, when necessary, the landscaping within the Landscape Areas, by mowing, irrigating, planting and replanting the existing landscaping located therein. The Parties may elect to undertake the Maintenance of the Landscape Areas pursuant to a contract with the landscaping contractor engaged by either of them., in consultation and approval by the Maintenance Director as set forth below. All the foregoing shall be referred to collectively herein as "Maintenance." The initial Maintenance Director shall be Mercato. During development of the Primeland Property, the Owner of the Primeland Property shall ensure that all construction traffic complies with the requirements of all best practices relating to storm water and that any damage to the existing Access Drives or the Parking Areas on the Mercato Property shall be maintained, repaired, and replaced at the expense of the Owner of the Primeland Property. Moreover the Owner of the Primeland Property shall indemnify the Owner of the Mercato Property for such construction and development work consistent with Section 7 below and shall ensure that the contractors working on the Primeland Property provide such insurance as required in Section 7. ACCESS EASEMENT, COMMON MAINTENANCE, AND SIGNAGE EASEMENT AGREEMENT - 4 5. Budget, Operations and Costs. Maintenance budget and costs shall be addressed, as follows: (a) On or before the first day of December of each year that this Agreement is in force and effect, the Maintenance Director shall submit to the Parties, for their review and approval, a proposed annual budget for Maintenance of the Access Drive Easement, Parking Areas, and Landscape Areas on the Properties (the "Budget"), together with a copy of the bids required herein and any backup materials reasonably requested by the Owners. The Owners shall approve the Budget within twenty (20) days of their respective receipt of the Budget and deliver written notice of its approval or disapproval of the Budget to the Maintenance Director (`Budget Approval Notice"). If any Owner disapproves of any Budget item, it must specify its reasons for disapproval in the Budget Approval Notice and the Maintenance Director shall promptly revise and resubmit the same until the Maintenance Director and the objecting Parry reach agreement on the matters in question. The Owners shall not unreasonably withhold their approval of a proposed Budget. The Maintenance Director and the Owners shall exercise reasonable good faith efforts to resolve any objections and establish a new Budget. If Maintenance Director and the Owners are unable to approve or establish a new Budget prior to December 31, then the existing Budget for the preceding year shall continue in force, subject only to a 3 % increase, until a new Budget is agreed upon. Maintenance Director and the Owners shall exercise reasonable efforts to adopt and approve a new Budget. Maintenance Director agrees to perform its duties under this Agreement on a nonprofit basis with the objective of keeping such expenses at a reasonable minimum. (b) If the Maintenance Director is required to incur an expense for the emergency repair or replacement of any portion of the Access Drive Easement, Parking Areas, and Landscape Areas, which expense has not been set forth in an approved Budget, then the Owners shall each pay its pro rata share of such expense provided that the Maintenance Director has given each the best and earliest notice of the same that is feasible under the circumstances. An "emergency" necessitating repair or replacement shall be one which presents an imminent threat or danger of harm to person or property. (c) The Owners shall be billed monthly in arrears for their respective pro rata share of all expenses incurred by the Maintenance Director in maintaining, repairing and insuring the Access Drive Easement, Parking Areas, and Landscape Areas on the Properties as provided above. The Owners shall pay said bills within thirty (30) days after receipt and, if requested, copies of all invoices, statements or other documents supporting same maintained by Maintenance Director in its ordinary course of business. In the event either of the Owners causes extraordinary damage or exercises excessive use of the Access Drive Easement, Parking Areas, and Landscape Areas on the Properties, the responsible party shall be solely obligated for the cost to repair such damage. (d) The Maintenance Director shall indemnify, defend and hold harmless the Owners from and against any and all liability, claims, damages, expenses (including reasonable attorneys' fees and reasonable attorneys' fees on any appeal), judgments, proceedings and causes ACCESS EASEMENT, COMMON MAINTENANCE, AND SIGNAGE EASEMENT AGREEMENT -5 of action, for injury to or death of any person or damage to or destruction of any property occurring in, on or about the Access Drive Easement, Parking Areas, and Landscape Areas on the Properties and arising out of the performance or nonperformance of any of the obligations set forth in this Agreement ("Claims"). Notwithstanding anything to the contrary stated above, the Maintenance Director shall not indemnify, defend and hold harmless an Owner if a Claim arises due to the negligent or willful act or omission of such Owner or its agents, contractors or employees. (e) From and after the date that Primcland develops the Primeland Property, the cost of Maintenance for the Access Drive Easement and Parking Areas as set forth above shall be jointly allocated between the Properties based upon their respective areas. From and after the recording of this Agreement, the cost of Maintenance for the Landscape Areas as set forth above shall be jointly allocated between the Properties based upon their respective areas. The Mercato Property shall be responsible for 67.6% of the total cost of Maintenance and the Primeland Property shall be responsible for 32.4% of the total cost of Maintenance, consistent with the foregoing requirements. 6. Si2nage Easement. Primeland hereby declares and grants for the benefit of the Mercato Property, and the Owner of the Mercato Property, its heirs, successors and assigns, together with its tenants and invitees, a non-exclusive perpetual easement and right to maintain, operate, replace and repair the Monument Sign located on the Primeland Property. The maintenance, operation, replacement, and repair of the Monument Sign, including costs associated with the foregoing shall be at the sole cost of the Owner of the Mercato Property as the Owner of the Mercato Property elects to assign and allocate among its tenants. The Monument Sign shall be maintained, operated, replaced and repaired consistent with its configuration and design as of the date of this Agreement, which configuration and design is depicted in Exhibit E hereto, provided that the Owner of the Mercato Property shall have the absolute right to change the tenants on the Monument Sign as well as the actual signage placed upon the Monument Sign structure. 7. Indemnification and Insurance. The Owners agree to indemnify, defend, and hold the other harmless from and against any and all liability, claims, damages, expenses (including reasonable attorneys' fees, including on appeal), judgments, proceedings, and causes of action for injury to or death of any person, or damage to or destruction of any property resulting from. (i) the negligent or willful act or omission of the indemnifying person, its tenants, subtenants, agents, contractors, employees, or Permittees; and (ii) arising out of the performance or nonperformance of any of the obligations set forth in this Agreement, except to the extent caused by the negligent or willful act or omission of the indemnified Owner, its tenants, subtenants, agents, contractors, employees, or Permittees. The Owner of each Property shall at all times provide and maintain (or cause to be provided and maintained) commercial general liability insurance with broad form coverage (including broad form property damage coverage) insuring its obligations under this Section with respect to bodily injury, death, or property damage or destruction, in an amount not less than One Million and No/100 Dollars ($1,000,000.00) for personal injury or bodily injury or death of any one person, One Million and ACCESS EASEMENT, COMMON MAINTENANCE, AND SIGNAGE EASEMENT AGREEMENT 6 __ -_ No/100 Dollars ($1,000,000.00) for personal injury or bodily injury or death of more than one person in one occurrence. Said insurance shall be written with an insurer licensed to do business in the State of Idaho and shall identify the other respective Owner as an additional insured. The Owner of each Property shall furnish the Owner of the other Property with a certificate evidencing such insurance upon request. 8. Taxes. The Owner or Owners of each of the Properties shall be obligated to pay when due all real estate and other taxes and assessments, and all utilities' expense, if any, and any other liability or expense for those portions of the Access Drive Easement from time to time located on their respective Properties. 9. Miscellaneous Provisions. 9.1 No Public Dedication. Nothing contained herein shall, or shall be deemed to, constitute a gift or dedication of any portion of the Access Drives or the servient estate encumbered by the Access Drive Easement to the general public for the benefit of the general public. It is the intention that the provisions set forth herein shall be strictly limited to and for the purposes expressed herein. The Parties, the Maintenance Director, and/or the Owners shall be permitted, from time to time, to take whatever reasonable action they may deem necessary to prevent any portion of the Access Drive Easement or the servient estate encumbered by the Access Drives from being dedicated or taken for public use or benefit. 9.2 Defaults; Remedies. No breach of any provision herein contained shall result in the cancellation, rescission or termination of this Agreement. In the event of any violation or threatened violation by any person of this Agreement, the Parties or the individual Owners, and no others, shall have the right to enjoin such violation or threatened violation in a court of competent jurisdiction. The right of injunction shall be in addition to all other remedies set forth in this Agreement or provided by law. 9.3 Governin Lave. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Idaho. 94 Waiver. No provision of this Agreement, no breach thereof, and no right or remedy becoming available upon the happening of any breach can be waived, except by a written instrument dated and executed by both the Maintenance Director, and all Owners of any portion of the Access Drives. Each waiver shall apply to the particular instance and at the particular time only, and no waiver shall be deemed a continuing one, or as applying to any other provision hereof or other prior, contemporaneous or subsequent breach or other available right or remedy. 9.5 Severability. If any provision of this Agreement shall be judicially determined to be invalid, illegal or unenforceable in any respect, the remaining provisions hereof shall not be affected thereby and shall continue in full force and effect. ACCESS EASEMENT, COMMON MAINTENANCE, AND SIGNAGE EASEMENT AGREEMENT - 7 9.6 Headinl4s. The headings contained in this Agreement have been inserted for convenience only, and do not in any way define, limit, enlarge, modify or describe the scope or intent of any provision hereof and shall not be considered when interpreting or construing the same. 9.7 Exhibits. All Exhibits referred to in this Agreement and attached hereto are by such reference incorporated herein. 9.8 Construction. Whenever applicable, the use of the singular or plural shall include the other and the use of the masculine, feminine or neuter gender shall include the other genders. This Agreement shall be construed as a whole, in accordance with its plain meaning and consistent with the provisions of the Master Declaration. 9.9 No Merger. There shall be no merger or extinguishment of this Agreement or the Access Drive Easement created hereby with the fee simple estate of either property or any portion thereof or any interest therein by reason of the fact that the same person or other entity may acquire, own or hold, from time to time, directly or indirectly, the entire fee simple estate of both properties. 9.10 Covenants Runnin with Land,• BindinjZ Effect. The Access Drive Easement hereby granted, the restrictions hereby imposed, and the agreements herein contained shall be easements, restrictions, and covenants running with the land and shall inure to the benefit of, and be binding upon the Owners, and their respective heirs, successors, and assigns, including, but without limitation, all subsequent Owners of the Properties (and all subsequent divisions thereof) and all persons claiming under them. 9.11 Not a Partnership. The provisions of this Agreement are not intended to create, nor shall they be in any way interpreted or construed to create, a joint venture, partnership, or any other similar relationship between the Parties. 9.12 Recording. This Agreement shall be recorded in the office of Ada County, Idaho. 10. Modification of Agreement. This Agreement is intended to be permanent, and this Agreement shall not be modified, amended or removed without the prior written consent of the Owners, or their successors and assigns at the time of modification. Signatures on Following Page ACCESS EASEMENT, COMMON MAINTENANCE, AND SIGNAGE EASEMENT AGREEMENT - 8 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the year and date last written below. Mercato Mercato Center, LLC, an Idaho Limited liability company By; 9 Jo T. Berg; �T stee The Bews Foundation — Sole member of Mercato Center, LLC Dater ' STATE OF IDAHO ) ss. County of Ada ) On this "O day of , 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared John T. Berg, known or identified to me to be the Trustee of the Bews Foundation, known or identified to me to be the sole member of Mercato Center, LLC, an Idaho limited liability company, and the same person that executed this instrument on behalf of said Mercato Center, LLC, an Idaho 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. Signe rs My commission expires: MM is i ACCESS EASEMENT, COMMON MAINTENANCE, AND SIGNAGE EASEMENT AGREEMENT - 9 Primeland Primeland Investment Group, LLC, an ldahoditnited liability company Jo h r' Big,�r-u ee The Bews Foundation as the Managing Member of Primeland Investment Group, LLC Date: �P621 STATE OF IDAHO ) ss. County of Ada ) On this, day of , 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared John T. Berg, known or identified to me to be the Trustee of the Bews Foundation, known or identified to me to be the managing member of Primeland Investment Group, LLC, an Idaho limited liability company, and the same person that executed this instrument on behalf of said Primeland Investment Group, LLC, an Idaho 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. 8 Si�a�xe: .. My commission expires: ., «�, x;,�"�7s a �-aG•" q. �c:¢"��,v�-�s ACCESS EASEMENT, COMMON MAINTENANCE, AND SIGNAGE EASEMENT AGREEMENT - 10 - CONSENTED TO BY Andary Mercato, LLC, an Idaho limited liability company By: JoAn L. Andary Its: Manager Date: Katheri e M. Andary Its: v Date:: �..- STATE OF, c� � ss. County of -�56 ALi e i,: ) On this day of ADr, , 2019, before me, the undersigned, a Notary Public in and for said State, personally ap eared John L. Andary, known or identified to me to be a Manager of Andary Mercato, LLC, an Idaho limited liability company, and the same person that executed this instrument on behalf of said Andary Mercato, LLC, an Idaho limited liability company. Signature:'` My commission expires: y " E STATE OF ) BR ND0 JAGGA -t COMMISSiON NO, 2017-0441 NOTARY° PUBU ss.STATE OF €OA U County of On this day of , 2019, before me, the undersigned, a Notary Public in and for said State, personally a peared John L. Andary, known or identified to me to be a Manager of Andary Mercato, LLC, an Idaho limited liability company, and the same person that executed this instrument on behalf of said Andary Mercato, LLC, an Idaho limited liability company. x Signature: My commission expires: _ BRAND O N TA3r:ART COMMISSION NO. 201 7`l NOTek' Ry PWBUC 'SATE O I A O ACCESS EASEMENT, COMMON MAINTENANCE, AND SIGNAGE EASEMENT AGREEMENT - 11 Schedule of Exhibits Exhibit A — Legal Description of Mercato Property Exhibit B — Legal Description of Primeland Property Exhibit C — Legal Description of Access Drives Exhibit D — Depiction of Access Drives Exhibit E — Depiction of Monument Sign ACCESS EASEMENT, COMMON MAINTENANCE, AND SIGNAGE EASEMENT AGREEMENT. - 12 _ Exhibit A Mercato Property Legal Description Lot 3 in Block 25 of BRIDGETOWER CROSSING SUBDIVISION NO. 7, according to the plat thereof, filed in Book 92 of Plats at Pages 10918 through 10919, Records of Ada County, Idaho. LESS AND EXCEPTING THEREFROM that property conveyed to Ada County Highway District by Warranty Deed recorded October 19, 2006, as Instrument No. 106165900, Records of Ada County, Idaho. EXHIBIT A Exhibit B Primeland Property Legal Description Lot 2 in Block 25 of BRIDGETOWER CROSSING SUBDIVISION NO. 7, according to the plat thereof, filed in Book 92 of Plats at Pages 10918 through 10919, Records of Ada County, Idaho. EXHIBIT B Exhibit C Legal Description of Access Drives Project: 1.90193 Date-, April 19; 201 page: 1 of 'i`- 0 I!= i'41 i3 11 E: E: R l' EXHIBIT A LOT 2, BLOCK 25, Si IDGE'I`C1WER CROSSING NO. 7 PRUMELAND INVESTMENT GROUP, LLC ACCESS EASEMENT DESCRIPTION An access easement (depicted on Record. of Survey No, 11816, Instrument No. 2019-031763, records of Ada County) over and across. a portion of Lot 3, Black 25, of. aridgetower Crossing Subdivision No. 7, as filed in Book 92 of Nats, at pages 10919-10919, records of Ada County, Idaho situated in the. P+ W.1/4 of the tt WI/4.of Section 35, Township 4 North, Range 1 West, Boise Meridian, City of meridian,. Ada County, Idaho, more particularly described as follows.. - COMMENCING at the Southwest corner of said Lot 3; from which the Northwest corner of said Lot 3 bears N.01'01'41'E., 397,96 feet; thence, along the south boundary of said Lot 3, being the northerly right-of-way of West Quintale Dr€ve, A) Southeasterly along a non -tangent said curve to the right, having a radius of 325.OG feet, an are length of 17.11 feet through a central angle ofO3.'00'57", And.a long chord which Years" 5.78-54'05"E_, 17,11 feet to the POINT OF BEGINNING; thence, leaving said northerly right -of_ way line, 1) N.01-17'14"W., .26.54 feet, thence, 2) i ,88958'19" W., 15.65 feet to the west line of said Lot 3; thence, along said west ling:, 3) M01`01'41"E, 25.€ 0 feet; thence, leaving said Direst line, 4) S.88"5VIV E., 29.40 feet; thence, S) N.01-02'55"W,, 74.70 feet, thence,. 6) N,42"1V03" W .23-70 feet, thence, 7) N.00'47'31t"E., .169,28 feet; thence, 8) N.88"50'07"W,, 9.74 feet to the west line of said Lot 3; thence, along said west line, 9) 14.01�0 '41'T , 25.00 feet; .thence, leaving said west line, 3o) 5.8815f3'i77 E_ 199.04 feet; thence, 11) N.01-01.'41`E., 64,:30 feet to the south right-of-way of West McMillan Road; thence, airing said south right-of-way, 12) 5.8r58'191'E„ 7_5.C7C3 feet; thence:, leaving said south right-of-way, 13) 5.0:L'0V41" W,, 64.36 feet; thence, 14) 5,88"5O 07`Et, 33.50 feet; thence, 15) N,88A'47'05"E_, 17-86.feet; thence, 16) N.81-1V54`E., 15.36 feet; thence, 17) S,85$38'25"fE,, 41.56 fleet; thence, 18) 5.89-02`56"E.., 70.81 feet to the beginning of a tangent curve; thence, 19) Southeasterly along said curve to the right, having a radius of 40.50 feet, an arc length of 64.07 feet, through a central angle of 90'38'39", and .a long chard which .bears 5.43'43'37"E., 57.60 feel: thence, 20) 5.01-35`42'" ., 24.27 feet to :the beginning of a tangent curve; thence, 2471 $D rh T'TaniVffl Place, iulerid4an, I 85642 PhOrM (2061323-2M Tax=MM S232395 AviaUnn I TM Mparkattnn i i "EMYc3aptr t"t I MUnfelpai.i W2ter 6esaurees i SVa water i SurveyYng'.I €andscapeAreh"court GeMatial EXHIBIT C — 1 Pruject: 190193 Date: April 19, 2019 Page. 2 of 2 a 21) Southeasterly along said curve to the left, having a radius of 15.00 feet, an arc length of 17.20 feet, through a central angle of 65a40 58",. and a long chord which bears 5.31°14'46".El, 16.27 feet; thence, 22) S,64'.05 14"E_, 15.28 feet to the westerly right-of-way of North Montelino Way, thence, along said westerly right -of -gray, 23) Southwesterly along a non -tangent curve to the right, having a radius of 275.00 feet, an arc length of 10.12 feet, through a central angle of 02'06'27", and a long.chord which bears 5.17"16'09'W., 10,12 feet; thence, 24) S.18"19'24"W:, M09 feet; thence, leaving said.westerly right of way, 25) N.64005'14"W., U.14 feet to the beginning of a tangent curve; thence, 26) Northwesterly along said :curve to the right,. having a radius of 35.00 feet, an arc length of 40_.12 feet, through a central angle of 65°40'56", and a long chord which bears N.31a14"46`"W , ,37.:96 feet; thence, 27) lwt,01'35`42'S, 24,27.feet to the beginning of ,a tangent curve; thence, 28) Northwesterly along -said curve to the left., having a radius of 20.50 feet, an arc length of 32.43 feet, through a central angle of 90'38`38".1 and a long chard which bears N.43°43'37"W., 29.15 feet; thence, 29) N.89-02'56"W:, 71.41 feet; thence, 30) N.85 -. W25'W, 4101 feet; thence, 311 S.76o-59'42"W_, 34.04 feet; thence, 321 N;88'50'07"W., 222.74 feet; thence, 33) 5.0Q047'3VW,,.15.9.25 feet, thence, 34) S.4201WO3"E., 23.24 feet.; thence, 35) S.01"I12'55"E., 80.49 feet; thence,. 36) S 16-04`29"W., 49.47 feet; thence, 37) 5.01-17`14"S, 15.29 feet to the northerly rigf�t-of way of said West Quintale [hive; thence, along.said northerly right-of-way, 39) Northwesterly along a non -tangent curve to the right, having a radius of 275M feet, an arc length of 7.31 feet through a central angle of 01'31'22", and a long chord which Esear. N.72"48148" W., 7.31 feet to a point of reverse curvature.; thence, 39). Northwesterly along said curve to the left, having a radius of 325.00 feet, an arc length of 19,95 feet, through a central angle of 03'20'30", and.a long chord which bears N.73°43'22"W., 18.95 feet to the POINT OF BEGINNING, The above described access easement CONTAINS 22,108 square feet (0.507.A,cres), more of less. SUBJECT TO..Record documents, , Z .. "I got Ft.119019 C SURVEYkWQR6 OQCfiMENMDE5CRIFTIONSd M193 ACCESS MEMENT,00CX d7]:Sas�SlcTtian]urnPisc ..A ofMian,. 0 M42.11hane:j2w-AD3 2288 fax-E204.x; 2a 2M �4a-rnHprsn :x,eim Aoabort I Tren€%AaUonr1 trend Development [ MUNC pal I Water Resources I Wastf:wAer I Sufv"ing I la"ldscoe k0ilteave I Em"immenrai 16adaeatw EXHIBIT C - 2 IN i }- 'J it3 3 Ul C Z a Z .T 1 t< J P c u�� fLLLI 0 szo f f 3 z R� G W m tr�. LO �r SJ a U 4 „E LU EY z z �. z C W .. x LL i a 4�? O 2, F 1T y ��TT _'�Y �lt■'i C �3 m. ,96'46E e14 CL 0 0. or �;0 LIJ ws 115 + 1"" 7a.cn LL 19 116/1819 ej i Exhibit D Depiction of Access Drives i. ky� ¢���� arA-" I'. d I I 'Y S :.;.:».,..»«..--.-s:-.ii'_52'£&4 a.f5. e•li??! 'E r.. E 'S EXHIBIT D Exhibit E Depiction of Monument Sign EXHIBIT E