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RECORDED - Road Development, Maintenance, and Cross Access Easement (11-12-2019)Recording Requested By and When Recorded Return to: CLARK WARDLE LLP Attn: Geoffrey M. Wardle 251 E. Front Street, Suite 310 Boise, Idaho 83701 ADA COUNTY RECORDER Phil McGrane 2019-112574 BOISE IDAHO Pgs=26 VICTORIA BAILEY 11/12/2019 03:37 PM CLARK WARDLE LLP AMOUNT:$85.00 1111111111111111111111111111111111111111111111111 00700890201901126740260264 (SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY) ROAD DEVELOPMENT, MAINTENANCE, AND CROSS -ACCESS EASEMENT AGREEMENT THIS ROAD DEVELOPMENT, MAINTENANCE, AND CROSS -ACCESS EASEMENT AGREEMENT (this "Agreement") is made and entered into by, between, and among (i) BVABC Eagle View, LLC ("BVABC"), an Idaho limited liability company, and (ii) James A. Kissler, LLC, an Idaho limited liability company, and Kissler Enterprises Limited Partnership, an Idaho limited partnership (jointly "Kissler"), and shall be effective as of the date last executed below. (BVABC and Kissler are each hereafter referred to as a "Party" and together as the "Parties.") RECITALS: WHEREAS, BVABC is the owner of certain real property located in Ada County, Idaho, described on Exhibit A attached hereto and made a part hereof (the `BVABC Property"); WHEREAS, Kissler is the owner of certain real property located in Ada County, Idaho, described on Exhibit B attached hereto and made a part hereof (the "Kissler Property" and together with the BVABC Property, the "Properties"); WHEREAS, the Parties, who are engaged in the development of their respective properties pursuant to development agreements entered into with the City of Meridian, have determined that a shared access drive and adjoining common landscaping (collectively the "Shared Drive") will mutually benefit their respective properties by providing ingress and egress for pedestrian and vehicular passage between the Properties and the public roads serving the Properties; WHEREAS, the Parties' predecessors entered into an Agreement evidenced by a Memorandum recorded in the Official Records of Ada County, Idaho, on August 10, 2016, as Instrument No. 2016-073284, which contemplated a future agreement regarding maintenance of improvements and landscaping adjacent to S. Silverstone Way (the "Silverstone ROAD DEVELOPMENT, MAINTENANCE, AND CROSS -ACCESS EASEMENT AGREEMENT - I S:\Docs\BVA Development, LLC\Elks-ICCU Acquisition and Development\EAS\Road Development, Maintenance, and Cross Access Easement v.12 (10-21-2019).docx Improvements") but excluding the actual curb, gutter, and roadway comprising S. Silverstone Way; WHEREAS, the Parties desire to provide for joint development and maintenance of the Shared Drive, in the location and on terms and conditions further described herein; WHEREAS, the Parties desire to declare, create, receive, and provide for the use and benefit of their respective properties, a reciprocal, perpetual, non-exclusive easement for: (1) development of the Shared Drive; (2) ingress and egress for pedestrian and vehicular passage between the Properties and the public roadways at S. Rackham Way and S. Silverstone Way in those certain locations depicted on Exhibit C and as legally described on Exhibit D-1 and Exhibit D-2 attached hereto and made a part hereof; and (3) maintenance of the Shared Drive and the Silverstone Improvements; and WHEREAS, the Parties intend that the owners of fee simple title to the Properties (each an "Owner" and collectively the "Owners"), together with the mortgagees, tenants, occupants, and such other persons as from time to time shall possess or acquire an interest in the Properties, or any portion thereof, and all customers, employees, licensees, and business invitees of such tenants or occupants, and each of the respective successors and assigns of the foregoing (collectively the "Permittees"), shall at all times enjoy the benefits of the rights, easements, privileges, obligations, and restrictions hereinafter set forth. AGREEMENT NOW, THEREFORE, in consideration of the recitals above, which are incorporated herein, and the premises and mutual understandings and agreements hereinafter contained, the Parties agree, declare, and grant as follows: 1. Construction of Shared Drive and Adjacent Landscaping. BVABC shall cause construction plans for the Shared Drive to be prepared in compliance with the Parties' respective entitlement approvals (the "Plans"), which shall be submitted to Kissler and subject to its written approval, not to be unreasonably withheld, conditioned, or delayed. The Plans for the Shared Drive shall consist of and be limited to the improvements for the road surface, curb, gutter, and required drainage facilities. The Parties shall cooperate in retaining one contractor to construct the improvements to the Shared Drive after obtaining bids for its construction in compliance with the Plans. Each Party shall be responsible for installation of the landscaping, irrigation, lighting, and sidewalks for the Shared Drive to be located on the Party's respective property and shall maintain the same in a manner consistent with other first-class office parks in the immediate area of the Properties, provided that the landscaping adjacent to the Shared Drive shall be maintained as set forth below in Section 5(b). 2. Cost -Allocation for Shared Drive Construction. The Parties shall share equally the cost of designing and constructing the Shared Drive ("Shared Drive Costs"). BVABC shall engage the engineer and contractor for the Shared Drive, pay their respective invoices for the ROAD DEVELOPMENT, MAINTENANCE, AND CROSS -ACCESS EASEMENT AGREEMENT - 2 S:\Docs\BVA Development, LLC\Elks-ICCU Acquisition and Development\EAS\Road Development, Maintenance, and Cross Access Easement v.12(10-21-2019).docx work performed, and invoice Kissler for fifty percent (50%) of the Shared Drive Costs. Kissler shall reimburse BVABC its share of each such invoice for the Shared Drive Costs within 30 days' receipt of BVABC's invoice, which shall be supported by copies of the applicable engineer's and/or contractor's invoices to BVABC. The Parties will review and confirm the final design and construction documents as well as the budget for the Shared Drive Costs prior to commencement of constructing the Shared Drive. 3. Declaration of Easement for Shared Drive. The Parties hereby declare that as of the date of recording of this Agreement, the Properties, and each lot, tract, or parcel created from the Properties (each a "Lot"), is and shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied, and improved subject to a non-exclusive easement for ingress and egress by vehicular and pedestrian traffic upon, over, and across the Shared Drive as well as a non-exclusive easement for the facilities associated with the Shared Drive (collectively the "Shared Drive Easement"). The Shared Drive Easement created herein shall run with the land and each estate therein; shall be binding upon all persons having or acquiring any right, title, or interest in the Properties or any Lot therein; shall inure to the benefit of the Properties and every Lot therein; and shall inure to the benefit of and be binding upon the Parties and each Owner, and each successor in interest of each. 4. Scope and Purposes of Shared Drive Easement. The Shared Drive Easement shall be used for the purposes of providing the Owners and Permittees with ingress and egress for pedestrian and vehicular traffic (a) between S. Rackham Way and S. Silverstone Way, the two public streets serving the Properties, and (b) from the public streets to the Parties' respective Properties. Notwithstanding the foregoing, each Owner shall have the right with respect to those portions of the Shared Drive Easement that lie on its respective property to make any use of the subsurface of the Shared Drive Easement at the Owner's sole cost and expense, so long as such use does not interfere with or obstruct the surface use of the Shared Drive Easement as provided herein. 5. Maintenance and Operation of Shared Drive and Silverstone Improvements. Those areas within the Shared Drive shall be maintained and operated by a "Maintenance Director" to be appointed from time to time by the Owners of not less than 85% of the total land area of the Properties, provided that the initial Maintenance Director shall be the Owner of the BVABC Property. (a) The Maintenance Director shall ensure that the hard surfaces of the Shared Drive are maintained in a good and clean condition and repair, including: (1) The maintenance, repair, and replacement of the surface and subsurface of the Shared Drive, as necessary, to maintain the Shared Drive 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 Shared Drive, 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 Shared Drive with respect to quality, appearance, and durability. ROAD DEVELOPMENT, MAINTENANCE, AND CROSS -ACCESS EASEMENT AGREEMENT - 3 S:\Docs\BVA Development, LLC\Elks-ICCU Acquisition and Development\EAS\Road Development, Maintenance, and Cross Access Easement v.12 (10-21-2019).docx (2) Maintenance, repair, and replacement of the stormwater drainage system serving the Shared Drive. (3) Removal from the Shared Drive of paper, rubbish, debris, ice, snow, and other hazards to persons using the Shared Drive and washing or thoroughly sweeping the paved areas of the Shared Drive as required. (4) Maintaining, repairing, and replacing, when necessary, pavement markings and entrance, exit, and directional signs and markers on S. Silverstone Way as initially developed or as modified by the construction of the Shared Drive. (5) Such painting and repainting of traffic lines to maintain the Shared Drive in first-class condition, so as to provide for safe traffic flow between the Properties. (b) The Maintenance Director shall also ensure that the landscaping and associated improvements to the Shared Drive and the Silverstone Improvements are maintained in a good and clean condition and repair, including, without limitation, replacing shrubs and other landscaping as necessary; maintaining the irrigation systems serving such; and ensuring that irrigation assessments and expenses associated therewith are paid. (c) The Maintenance Director shall obtain and maintain property and liability insurance, as applicable, with respect to the Shared Drive and the Silverstone Improvements, insuring against property damage as well as claims against the Maintenance Director for personal injury, bodily injury, death, and property damage arising out of the negligent act or omission of the Maintenance Director in performing (or failing to perform). its services hereunder. All the foregoing requirements shall be referred to collectively herein as "Maintenance." 6. 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 the Maintenance Director shall submit to the Owners, for their review and approval, a proposed annual budget for Maintenance (the ".Budget"), together with a copy of the bids required herein and any backup materials reasonably requested by the Owners. Within 20 days of their respective receipt of the Budget, each Owner shall deliver written notice of its approval or disapproval of the Budget to the Maintenance Director (a "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 then promptly revise and resubmit the same until the Maintenance Director and the objecting Owner reach agreement on the items in question. The Owners shall not unreasonably withhold their approval of a proposed Budget, and the Maintenance Director and the Owners shall exercise reasonable good -faith efforts to resolve any objections and establish a new Budget. If the 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. The ROAD DEVELOPMENT, MAINTENANCE, AND CROSS -ACCESS EASEMENT AGREEMENT - 4 S:\Docs\BVA Development, LLC\Elks-ICCU Acquisition and Development\EAS\Road Development, Maintenance, and Cross Access Easement v.12 (10-21-2019).docx Maintenance Director shall perform its duties under this Agreement on a nonprofit basis with the objective of keeping such expenses at a reasonable minimum. For so long as the Maintenance Director prepares a separate Budget and separately accounts for the cost associated with Maintenance, the Maintenance Director may have the Maintenance performed by the contractors it otherwise retains to maintain the common areas of its own property. (b) If the Maintenance Director is required to incur an expense for the emergency repair or replacement of any portion of the Shared Drive or the Silverstone Improvements that is not set forth in an approved Budget, then each Owner shall pay its pro-rata share of such expense, provided the Maintenance Director gives the Owners 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. The pro-rata shares for Maintenance shall be as follows: Property Area of Property Pro-Rata Allocation Kissler Property 18.03 acres 25.90% BVABC Property 51.59 acres 74.10% Total 69.62 acres 100% (c) The Owners shall be billed monthly in arrears for their respective pro-rata share of all expenses incurred by the Maintenance Director for Maintenance. The Owners shall pay said bills within 30 days after receipt and, if requested, copies of all invoices or other documents supporting same maintained by the Maintenance Director in its ordinary course of business. In the event an Owner or its Permittees causes extraordinary damage to or exercises excessive use of the Shared Drive or the Silverstone Improvements, such Owner or Permittee shall be solely obligated for the cost to repair all such resulting damage. Each Owner may further allocate the cost of Maintenance to its tenants or occupants of portions of its respective property; provided, however, the Owners shall remain ultimately responsible for the cost of Maintenance. (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 appeal), judgments, proceedings, and causes of action for injury to or death of any person or damage to or destruction of any property occurring in, on, or about the Shared Drive or the Silverstone Improvements arising out of the performance or nonperformance of any of the obligations of the Maintenance Director set forth in this Agreement ("Claims"). Notwithstanding anything to the contrary stated above, the Maintenance Director shall not indemnify, defend, or hold harmless an Owner for Claims arising out of the ROAD DEVELOPMENT, MAINTENANCE, AND CROSS -ACCESS EASEMENT AGREEMENT - 5 S:\Docs\BVA Development, LLC\Elks-ICCU Acquisition and Development\EAS\Road Development, Maintenance, and Cross Access Easement v.12 (10-21-2019).docx negligent or willful act or omission of such Owner or its tenants, occupants, agents, contractors, or employees. 7. Indemnification and Insurance. The Owners agree to indemnify, defend, and hold each other harmless from and against any and all liability, claims, damages, expenses (including reasonable attorneys' fees and reasonable attorneys' fees 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 Owner, its tenants, occupants, agents, contractors, employees, or other Permittees; and (ii) arising out of the performance or nonperformance of any of the obligations of the indemnifying Owner set forth in this Agreement, except to the extent caused by the negligent or willful act or omission of the indemnified Owner, its tenants, occupants, agents, contractors, employees, or other Permittees. Each Owner shall at all times obtain and maintain (or cause its tenants or occupants to obtain and maintain) commercial general liability insurance with broad form coverage (including broad form property damage coverage) insuring its obligations under this Section 7 with respect to personal injury, bodily injury, death, and property damage in an amount not less than $1,000,000 for injury to or death of any one person, $1,000,000 for injury to or death of more than one person in one occurrence, and $500,000 with respect to damage to or destruction of property. Said insurance shall be written with an insurer licensed to do business in the State of Idaho and shall identify each other Owner as an additional insured. Each Owner shall furnish each other Owner with a certificate of insurance evidencing such insurance upon request. 8. Taxes. Each Owner shall pay when due all real estate and other taxes and assessments, all utility expenses, and any other liability or expense assessed against or applicable to those portions of the Shared Drive or the Silverstone Improvements located on the Owner's property. 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 Shared Drive or the Silverstone Improvements, or the servient estate encumbered by the Shared Drive Easement, to the general public or for the benefit of the general public. It is the intention of the Parties 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 Shared Drive or the servient estate encumbered by the Shared Drive Easement from being dedicated to the public or taken for public use or benefit. 9.2 Defaults; Remedies. No breach of any provision herein 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 and the Owners, and each of them but no others, shall have the right to enjoin such violation or threatened violation in a court ROAD DEVELOPMENT, MAINTENANCE, AND CROSS -ACCESS EASEMENT AGREEMENT - 6 S:\Docs\BVA Development, LLC\Elks-ICCU Acquisition and Development\EAS\Road Development, Maintenance, and Cross Access Easement v.12 (10-21-2019).docx of competent jurisdiction. The right of injunction shall be available in addition to all other remedies set forth in this Agreement or provided by law. 9.3 Governing Law. This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Idaho. 9.4 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 the Owners. 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. 9.6 Headings. The headings contained in this Agreement have been inserted for convenience only, do not in any way define, limit, enlarge, or modify 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 each other gender. This Agreement shall be construed as a whole, in accordance with its plain meaning. 9.9 No Merger. There shall be no merger or extinguishment of this Agreement or the Shared Drive Easement created hereby by reason of the fact that the same individual or entity may acquire, own, or hold, directly or indirectly, the entire fee simple estate of the Properties. 9.10 Covenants Running with Land; Binding Effect. The Shared 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, together with their respective heirs, successors, and assigns, including, without limitation, all subsequent Owners of the Properties and each Lot. 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. ROAD DEVELOPMENT, MAINTENANCE, AND CROSS -ACCESS EASEMENT AGREEMENT - 7 S:\Docs\BVA Development, LLC\Elks-ICCU Acquisition and Development\EAS\Road Development, Maintenance, and Cross Access Easement v.12 (10-21-2019).docx 9.12 Recording. This Agreement shall be recorded in the office of the Ada County Recorder. 9.13 Public Dedication or Acquisition. Upon public dedication of the Shared Drive made by all the Owners or acquisition of the Shared Drive by the public through condemnation or other means, this Agreement and the Shared Drive Easement created herein shall automatically terminate and be of no further force or effect, but shall otherwise continue in perpetuity. 9.14 Modification or Termination. This Agreement shall not be modified, amended, or terminated without the prior written consent of all the Owners of the Properties and each Lot. SIGNATURES ON FOLLOWING PAGES ROAD DEVELOPMENT, MAINTENANCE, AND CROSS -ACCESS EASEMENT AGREEMENT - 8 S:\Docs\BVA Development, LLC\Elks-ICCU Acquisition and Development\EAS\Road Development, Maintenance, and Cross Access Easement v.12 (10-21-2019).docx IN WITNESS WHEREOF, the Parties have executed this Agreement as of the year and date last written below. BVABC: BVABC EAGLE VIEW, LLC, an Idaho limited liability company By: BV Management Services, Inc., an Idaho corporation, Its: Executive Manag By: Cortn& Liddiard, P sident STATE OF IDAHO ) ) ss. County of 7tbvD,�,"� ,el ) On this day of , 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared Cortney Liddiard, known or identified to me to be the President of BV Management Services, Inc., the Idaho corporation that is the Executive Manager of BVABC Eagle View, LLC, the Idaho limited liability company that executed the within instrument or 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 hereunto set my hand and affixed my official seal, the date first written. BRANDI LOVE_ COMMISSION NO. 37925 Residing at S: '7 7 NOTARY PUBLIC My Commission Expires: STATE OF IDAHO MY COMMISSION EXPIRES 04112/ 00 ROAD DEVELOPMENT, MAINTENANCE, AND CROSS -ACCESS EASEMENT AGREEMENT - 9 S:\Dots\BVA Development, LLC\Elks-ICCU Acquisition and Development\EAS\Road Development, Maintenance, and Cross Access Easement v.12 (10-21-2019).docx KISSLER: JAMES A. KISSLER, LLC, an Idaho limited liability company By: _—Z 4'24W.Aa /�/7 James X Kissler, Member STATE OF IDAHO ss. County of Ada ) On this day of rrr�6�� , 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared James A. Kissler, known or identified to me to be the Member of James A. Kissler, LLC, an Idaho limited liability company, and the person that executed this instrument on behalf of said limited liability company. ot /_ �/ - 00*0900 vp 0 '� ra �•.tot� �,, Residing at: C%�S� cif kc) jyOTARy My Commission Expires: dy G pU J L1C ♦♦ �+ ��is' 0710���' �� •� OF /////12/..• ROAD DEVELOPMENT, MAINTENANCE, AND CROSS -ACCESS EASEMENT AGREEMENT - 10 S:Oocs\BVA Development, LLC\Elks-ICCU Acquisition and Development\EAS\Road Development, Maintenance, and Cross Access Easement v.12 (10-21-2019).docx KISSLER ENTERPRISES LIMITED PARTNERSHIP, an Idaho limited partnership By: Intrepid Enterprises, Inc., an Idaho corporation Its: General Partner 01 By: /`! edeA__�A' James . Kissler, Presid nt STATE OF IDAHO ss. County of Ada ) On this 7 — day ofA�0�,rn 6i i , 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared James A. Kissler, known or identified to me to be the President of Intrepid Enterprises, Inc., the Idaho corporation that is the General Partner of Kissler Enterprises Limited Partnership, the Idaho limited partnership that executed the within instrument or the person who executed the instrument on behalf of said limited partnership, and acknowledged to me that such limited partnership executed the same. ,•••'1v F rhp''•• ,m. N •� ' z �• � Iwo 4OTAR �'&* N 1 w r *'UB L I C .ion• p''y� �• '•. OF 1�000 � ,''��•..rrr.r•+•'' � & I /a - 1/1 Residing at: My Commission Expires. ROAD DEVELOPMENT, MAINTENANCE, AND CROSS -ACCESS EASEMENT AGREEMENT - 11 S:\Docs\BVA Development, LLC\Elks-ICCU Acquisition and Development\EAS\Road Development, Maintenance, and Cross Access Easement v.12 (10-21-2019).docx Schedule of Exhibits Exhibit A — Legal Description of BVABC Property Exhibit B — Legal Description of Kissler Property Exhibit C — Depiction of the Shared Drive Exhibit D — Legal Description of the Shared Drive ROAD DEVELOPMENT, MAINTENANCE, AND CROSS -ACCESS EASEMENT AGREEMENT - 12 S:\Docs\BVA Development, LLC\Elks-ICCU Acquisition and Development\EAS\Road Development, Maintenance, and Cross Access Easement v.12 (10-21-2019).docx Exhibit A BVABC Property Legal Description 2775 W. Navagator Drive, Suite 210 Idaho Office Meridian, Idaho H O RRO C K S Tel: 208.463,4197 vrww.horrocks.corn m Fax: 208,463,7561.7561 1 N Ci I N I 1: R S %ST Date: November 1, 2018 Project: ID-1336-1808 4 zJ Page: 1 of -15 (5 ©FtOp� 4 PARCEL I �� aov�'��' PROROSED RACHAM SUBDIVISION BOUNDARY This Parcel is situated in a portion of the N.E. 't ofthe S.W. Y< and the N.W. Y of the S.W. Y. of Section 16, Township 3 North, Range I East of the Boise Meridian, City of Meridian, Ada County Idaho, more particularly described as follows: COMMENCING at a found aluminum cap monument stamped P.L.S. 4998 marking the northeast corner of said N.E. Y of the S.W. '/ and referenced in Corner Perpetuation and Filing Instrument No. 100071537; thence along the east boundary of said N.E. '/ of the S.W. '/, 1) S.00005'25"E., 227.23 feet to an illegible plastic cap monument, surmounted on a 5/8- inch diameter iron rod, being a point on the southerly right-of-way of Interstate 84 as shown on the proposed Plan and Profile mapping of Interstate Highway No. 84, F.A.P. No. IR-84-1(12) 45 on file in the office of the Idaho Transportation Department and being the POINT OF BEGINNING; thence leaving said right-of-way and continuing along said easy boundary, 2) S 00°05'25"F , 1099.65 feet (of record 1099.26 feet) to a 5/8-inch diameter iron rod with no identification marking the southeast corner of said N.E. '! of the S.W. /; thence along the south boundary of said N.E. Y of the S.W. 'l, 3) N.89013'45"W., 1339.31 feet (of record 1339.40 feet) to a plastic cap monument stamped P.L.S. 16642, surmounted on a 5/8-inch diameter iron rod and marking the south east corner of said N.W. Y of the S.W. '/; thence along the south boundary of said N.W. 'l of the S.W. '/, 4) N.89° 14'57"W., 1 l 63.59 feet (of record 1163.45 feet) to a plastic cap monument surmounted on a 5/8-inch diameter iron rod, being a point on the easterly right-of-way of the Eagle Interchange Ramp B-C as shown on said Plan and Profile mapping; thence along; the southeasterly right-of-way of said Ramp B-C and a curve to the right, 5) Having an arc length of 1364.61 feet (of record 1364.45 feet) a radius of 1050.47 feet, through a central angle of 74°25'54" and a long chord which bears N.43°14'27"E., 1270.69 feet (of record 1270.53 feet) to a brass caped monument in concrete marked Idaho State Highway; thence continuing; along said southeasterly right -of way, HAD- [data/Survey/4.12 Descriptions/Parcel I 1 log 18 Date: November 1, 2018 Project: ID-1336-1808 Page: 2 of 2 6) N.820l 9'50"E., 940.78 feet (of record 940.76 feet) to a brass caged monument in concrete marked Idaho State Highway; thence continuing along said southeasterly right-of-way, 7) N.85°31'30"E., 235.95 feet (of record 236.03 feet) to a plastic cap monument marked P.L.S. 16642, surmounted on a 5/8-inch diameter iron rod and being on the southerly right-of-way of said Interstate Highway No. 84, F.A.P. No. IR-84-1(12) 45; thence along said southerly right-of-way, 8) 5.89-35'50"E., 462.86 feet (of record 462.95 feet) to the POINT OF BEGINNING. CONTAINING 52.70 acres, more or less. The record data shown hereon references Record of Survey No. 1 l 024, Instrument No. 2017- 075496. HAD- 1336-1808/Project Data/Survey/4.12 DescriptionslParce) 11101 18 Exhibit B Kissler Property Legal Description May 31, 2018 Project No. 116091 THE LAND GROUP, INC. OXYGEN SUBDIVISION PBA PARCEL'W DESCRIPTION A parcel of land being a portion of Lot 2 Block 1 of Oxygen Subdivision No. 1, as same is shown on the official Plat thereof, recorded In Book 113 of Plats at Page 16695 of Ada County Records, and a portion of lot 5, Block 1 of Oxygen Subdivision No. 3, as same Is shown on the official plat thereof, recorded In Book 113 of Plats at Page 16706 of Ada County Records, being located in the Southwest One Quarter of the Southwest One Quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows. Commencing at the North Lot corner common to Lots 1 and 2, Block 1 of said Oxygen Subdivision No. 1(from which point the Northeast corner of said Lot 1 bears South 89'14'37" East, 347.72 feet distant), said North Lot corner common to Lots 1 and 2 being the POINT OF BEGINNING; Thence South 00' 22' 59" East, a distance of 265.81 feet on the Lot line common to said Lots 1 and 2; Thence South 89' 36' 37" West, a distance of 324.06 feet; Thence North 00' 22' 59" West, a distance of 272.29 feet to a point on the northerly Lot line of Lot S, Block I of said Oxygen Subdivision No. 3; Thence South 89' 14' 37" East, a distance of 324.12 feet on the north Lot line of said Lots S and 2 to the POINT OF. BEGINNING, The above described parcel contains 2.00 acres more or less. PREPARED BY: THE LAND GROUP, INC. James R. Washburn May 31, 2018 Project No. 116091 THE LAND GROUP, INC. OXYGEN SUBDIVISION PBA PARCEL "B" DESCRIPTION A parcel of land being a portion of Lot 2, Block 1 of Oxygen Subdivision No. 1, as same is shown on the Plat thereof, recorded In book 113 of Plats at Page 16695 of Ada County Records, a portion of Lot 3, Block 1 of Oxygen Subdivision No. 2, as same Is shown on the Plat thereof, recorded In Book 113 of Plats at Page 16703 of Ada County Records, and a portion of tot 5, Block 1 of Oxygen Subdivision No. 3, as same is shown on the plat thereof, recorded In Book 113 of Plats at Page 16706, Ada County Records, being located in the Southwest One Quarter of the Southwest One Quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the North Lot corner common to lots 1 and 2, Block 1 of said Oxygen Subdivision No. 1(from which point the Northeast corner of said Lot 1 bears South 89°14'37" East, 347.72 feet distant; Thence South 00'22'S9" East, a distance of 265.81 feet on the west Lot line of said Lot 1, said point being the POINT OF BEGINNING; Thence South 00' 22' 59" East, a distance of 159.20 feet on the east Lot Line of said Lot 2; Thence South 89" 36' 37" West, a distance of 324.06 feet; Thence North 00" 22' 59" West, a distance of 159.20 feet; Thence North 89' 36' 37" East, a distance of 324.06 feet to the POINT OF BEGINNING. The above described parcel contains 1.18 acres more or less. PREPARED BY: THE LAND GROUP, INC. James R. Washburn October 16, 2018 Project No.116091 THE LAND GROUP, INC. OXYGEN SUBDIVISiON PBA PARCEL'V DESCRIPTION A parcel of land being a portion of Lot 2, block 1 of Oxygen Subdivision No, 1, as same is shown on the Plat thereof, recorded In Book 113 of Plats at Page 16695 of Ada County Records, and a portion of lot 3 and Lot 4, Block 1 of Oxygen Subdivision No. 2, as same Is shown on the Plat thereof, recorded In Book 113 of Plats at Page 16703 of Ada County Records, being located in the Southwest One Quarter of the Southwest One Quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the North tot Corner common to lots 1 and 2 of said Oxygen Subdivision No. 1, (from which point the Northeast corner of said lot 1 bears South 89°14'37" East, 347.72 feet distant); Thence South 00022'59" East, a distance of 42S.01 feet on the west lot line of said Lot 1 to the POINT OF BEGINNING; Thence S 00' 22' 59" E, a distance of 365.63 feet on the west lot line of said Lot 1, Block 1 of Oxygen Subdivision No.1 to the Southerly Lot Corner common to Lots 1 and 2, Block 1 of said Oxygen Subdivision No. 1; Thence on the southerly boundary line of said Oxygen Subdivision No.1 and Oxygen Subdivision No. 2 for the following courses and distances: Thence N 76" 00' 17" W, a distance of 44.01 feet; Thence N 61` 14' 17" W, a distance of 184.44 feet; Thence N 78° 39' 17" W, a distance of 209.34 feet; Thence S 73' 32' 43" W, a distance of 103.96 feet; Thence N 83' 48' 17" W, a distance of 102.65 feet; Thence N 51° 18' 04" W, a distance of 194.48 feet to the southwest corner of Lot 4, Block 1 of said Oxygen Subdivision No. 2; Thence leaving said southerly boundary line, N 080 53' 44" E, a distance of 118.20 feet on the west line of said Oxygen Subdivision No. 2; Thence N 89° 36' 37" E, a distance of 742.47 feet to the POINT OF BEGINNING. The above described parcel contains 4.35 acres more or less. PREPARED BY: THE LAND GROUP, INC. James R. Washburn r Site Planning • landscape Architecture * Civil Nglneering • Golf Course Irrigation & Engineering • Graphic Design • Surveying 462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208,939.4041. • www.thelandgroupinc.com October 16, 2018 Project No.116091 rt AW THE LAND GROUP, INC. OXYGEN SUBDIVISION PBA PARCEL "D" DESCRIPTION A parcel being a portion of lot 3 and Lot 4, Block 1 of Oxygen Subdivision No. 2, as same is shown on the Plat thereof, recorded in Book 113 of Plats at Page 16703 of Ada County Records, a portion of lot 2, Block 1 of Oxygen Subdivision No.1, as same Is shown on the Plat thereof, recorded in Book 113 of Plats at Page 16695, Ada County Records, and a portion of Lot 5 and Lot 6, Block 1 of Oxygen Subdivision No. 3, as same is shown on the Plat thereof, recorded in Book 113 of Plats at Page 16706, Ada County records, being located in the Southwest One Quarter of the Southwest One Quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest corner of lot 6, Block 1 of said Oxygen Subdivision No. 3, (from which point the northeast corner of said Lot 6 bears South 89'14'37" East, 265.37 feet distant); Thence from said northwest corner, South 08°53'44" West, a distance of 282.94 feet on the west boundary of said Oxygen Subdivision No. 3 and said Oxygen Subdivision No, 1 to the POINT OF BEGINNING; Thence N 89" 36' 37" E, a distance of 392.40 feet; Thence S 00° 22' 59" E, a distance of 159.20 feet; Thence S 89' 36' 37" W, a distance of 418.41 feet to a point on the west boundary line of said Oxygen Subdivision No. 2; Thence N 08" 53' 44" E, a distance of 161,31. feet on the west boundary line of said oxygen Subdivision No. 2 and Oxygen Subdivision No, 1 to the POINT OF BEGINNING. The above described parcel contains 1.48 acres more or less, PREPARFD BY: THE LAND GROUP, INC. James R. Washburn THE LAND GROUP, INC October 16, 2018, Project No.116091 OXYGEN SUBDIVISION PBA PARCEL "E" DESCRIPTION A parcel of rand being a portion of Lot 2 Block 1 of Oxygen Subdivision No. 1, as same Is shown on the Plat thereof, recorded in Book 113 of Plats at Page 16695 of Ada County Records, and a portion of lots 5 and Lot 6, Block 1 of Oxygen Subdivision No. 3, as same is shown on the Plat thereof, recorded In Book 113 of Plats at Page 16706 of Ada County Records, being located in the Southwest One Quarter of the Southwest One Quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest corner of Lot 6, Block 1 of said Oxygen Subdivision No. 3, (from which point the northeast corner of said Lot 6 bears South 89'14'37" East, 265.37 feet distant), said northwest corner being the POINT OF BEGINNING; Thence S 89° 14' 37" E, a distance of 346.85 feet on the north line of said Oxygen Subdivision No. 3; Thence S 00° 22' 59" E, a distance of 272.29 feet; Thence 5 890 36' 37" W, a distance of 392.40 feet to a point on the west boundary line of said Oxygen Subdivision No. 1; Thence N 08" 53' 44" E, a distance of 282.94 feet on the west boundary line of said Oxygen Subdivision No. 1 and the west boundary line of said Oxygen Subdivision No. 3 to the POINT OF BEGINNING. The above described parcel contains 2.34 acres more or less. PREPARED BY. THE LAND GROUP, INC. James R. Washburn U�6-�2 �n w OXYGEN SUBDIVISION (Kissler Enterprises Limited Partnership Lot) Lot 1 in Block 1 of Oxygen Subdivision No. 1 according to the plat thereof filed in Book 113 of Plats, at pages 16695 through 16699, records of Ada County, Idaho. Exhibit C Depiction of Shared Drive � F IY � 8VA?ROF-JiTY-43.422 SF 77 Q% o w„L�xPacP�IxTr-to,arr_sP te.e9c 4� a3 � c Ef:K PUBLIC-t,617 Sr 3.�+96 ,.. ": z ..- -•:. i s ! ��{ 3 OVERALL UM(TS OF O157URBANCE .ra „k _ 55,807 SF :-: - y i I - .. _ ... .. ..... v.... £ Y f+'Ari £ I 3 1,. IMPROVEMENTS MTHINBVA PROPERTY -Ai .. tt^ .... ..... ��„=Tits` '' k' t' r. ------ 4 r4eelv�- ryt41�11�1�-�T � Z w �I Z 02 M k mCa Exhibit D-1 Legal Description of the Shared Drive on BVABC Parcel 2775 W. Navigator Drive, Suite 210 Meridian, Idaho 83642 www.horrocks.com Project: ID-1808-1808 Page: 1 of 2 HORROCKS GMMM REM BVA IMPROVEMENT PARCEL for proposed Rackham Subdivision Idaho Office Tel: 208.895.2520 This parcel is situated in a portion of the N.W. '/ of the S.W. '/ of Section 16, Township 3 North, Range 1 East of the Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the southeast corner of said N.W. '/ of the S.W. 1/, from which the southeast corner of the N.E. 1/4 of the S.W. '/4 of said Section 16 bears S.89°37'58"W., 1339.35 feet; thence along the south boundary of said N.W. '/ of the S.W. 1/, 1) N.89014'57"W., 132.28 feet to the POINT OF BEGINNING; thence continuing along said south boundary, 2) N.89014'5711W.5 996.22 feet; thence leaving said south boundary, 3) N.06047'37"E., 20.43 feet; thence, 4) S.89017'15"E.5 267.60 feet to a point of curvature; thence along a curve to the left, 5) Having an arc length of 18.84 feet, a radius of 12.00 feet, through a central angle of 89°57'42" and a long chord which bears N.45043'54"E., 16.96 feet; thence, 6) N.00045'03"E.5 2.50 feet; thence, 7) S.89035'15"E.5 368.78 feet to a point of curvature; thence along a curve to the left, 8) Having an arc length of 10.59 feet, a radius of 41.00 feet, through a central angle of 14047'57" and a long chord which bears N.83°00'47"E., 10.56 feet; thence, 9) N.750 36' 49"E., 41.74 feet to a point of curvature; thence along a curve to the left, 10) Having an arc length of 9.63 feet, a radius of 10.50 feet, through a central angle of 52032'56" and a long chord which bears N.46°35'50"E., 9.30 feet; thence, Date: February 18, 2019 Project: ID-1808-1808 Page: 2 of 2 11) S.86039'02"E., 7.11 feet; thence, 12) N.00000'00"E.3 7.63 feet; thence, 13) N.78010'57"E., 46.05 feet; thence, 14) S.00000'00"E., 4.43 feet; thence, 15) N.84040'31 "E., 85.49 feet; thence, 16) S.88015'12"E., 23.73 feet; thence, 17) N.00000'00"E.5 2.01 feet; thence, 18) S.89001'09"E.5 127.56 feet; thence, 19) S.00045'03"W., 79.00 feet to the POINT OF BEGINNING. Exhibit D-2 Legal Description of the Shared Drive on Kissler Parcel 2775 W. Navigator Drive, Suite 210 Meridian, Idaho 83642 www.horrocks.com Project: ID-1808-1808 Date: September 18, 2019 Page: 1 of 2 HORROCKS i KISSLER IMPROVEMENT PARCEL for proposed Rackham Subdivision Idaho Office Tel 208.895.2520 This parcel is situated in a portion of the N.W. 1/ of the S.W. 1/ of Section 16, Township 3 North, Range 1 East of the Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the southeast corner of said N.W. 1/ of the S.W. 1/, from which the southeast corner of the N.E. 1/4 of the S.W. 1/4 of said Section 16 bears S.89°37'58"W., 1339.35 feet; thence along the south boundary of said N.W. 1/ of the S.W. 1/, 1) N.89014'5711W.9 436.84 feet to a point of curvature and the POINT OF BEGINNING; thence along a curve to the right, 2) Having an arc length of 5 7.7 9 feet, a radius of 209.07 feet, through a central angle of 15°50187 and a long chord which bears S.82°49'25"W., 57.61 feet; thence, 3) N.89015'23"W., 232.80 feet to a point of curvature; thence along a curve to the left, 4) Having an arc length of 19.30 feet, a radius of 13.35 feet, through a central angle of 82°51'06" and a long chord which bears S.35'0I' 18"W., 17.66 feet; thence, 5) S.87°30'47"W., 28.17 feet to a point of curvature; thence along a curve to the left, 6) Having an arc length of 21.09 feet, a radius of 13.92 feet, through a central angle of 86049'02" and a long chord which bears N.39°32' 12"W., 19.13 feet; thence, 7) S.81 °42'47"W., 74.56 feet to a point of curvature; thence along a curve to the right, 8) Having an are length of 34.24 feet, a radius of 216.00 feet, through a central angle of 09°04'57" and a long chord which bears S.86012'09"W., 34.20 feet; thence, 9) N.89015'23 "W., 132.24 feet to a point of curvature; thence along a curve to the left, 10) Having an arc length of 19.22 feet, a radius of 13.90 feet, through a central angle of 79° 13'05" and a long chord which bears S.36°25'04"W., 17.73 feet; thence, Date: February 18, 2019 Project: ID-1808-1808 Page: 2 of 2 11) N.89014'5111W., 27.53 feet to a point of curvature; thence along a curve to the left, 12) Having an arc length of 19.30 feet, a radius of 14.29 feet, through a central angle of 77023'31" and a long chord which bears N.35°35'17W., 17.87 feet; thence, 13) N.89015'2311W., 20.14 feet to a point of curvature; thence along a curve to the left, 14) Having an arc length of 8.43 feet, a radius of 33.68 feet, through a central angle of 14020'45" and a long chord which bears S.86041'43"W., 8.41 feet; thence, 15) N.08053'39"E., 24.86 feet; thence, 16) S.89014'58"E.5 653.73 feet to the POINT OF BEGINNING.