Mutual Cross-Access Easement (Eagle Ustick) (FINAL) recorded 6.22.20 (0.._ (002)RE'C'0Rn1,VG RE01JE,STI_YJ RY/I VI)
JVffl_;'N RECORDED RETURN To:
ADA COUNTY RECORDER Phil McGrane 2020-075458
BOISE IDAHO Pgs=19 BONNIE OBERBILLIG 06/19/2020 02:59 PM
PIONEER TITLE COMPANY OF ADA COUNTY $64.00
(Space Above For Recorder's Use)
MUTUAL CROSS -ACCESS EASEMENT AGREEMENT
This Mutual Cross -Access Easement ("Agreement") is made effective
this �I �i� .- f jF _2020, by and between WADSWORTH MERIDIAN,
LLC, a Utah limited liability company, and/or its assigns (`Wadsworth"), and SADIE CREEK
COMMONS LLC, an Idaho limited liability company ("Sadie Creek"), Wadsworth and Sadie
Creek may be referred to hereinafter collectively as the "parties," or individually as a "party," as
the case may be.
RECITALS:
A. Wadsworth owns or has rights to acquire that certain property near the corner of
Eagle Road and Ustick Road in Meridian, Idaho as more fully described in Schedule 1 which is
attached hereto and incorporated herein ("Wadsworth Property"), and depicted on Exhibit A
which is attached hereto and incorporated herein;
B. Sadie Creek is the owner of that certain property near the corner of Eagle Road
and Ustick Road in Meridian, Idaho, as more fully described in Schedule It, which is attached
hereto and incorporated herein ("Sadie Creek Property") and depicted on Exhibit A which is
attached hereto and incorporated herein;
C. The parties desire to create a pern.tanent access driveway easement in the area
more fully described in Schedule III and depicted on Exhibit A which is attached hereto and
incorporated herein (the "Permanent Service Drive") and grant general rights of cross access
across the Wadsworth Property and the Sadie Creek property east of the Permanent Service
Drive on the terms and conditions set forth herein (the "Easements").
AGREEMENT:
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereby agree as follows:
1. Recitals. The parties hereto repeat herein by this reference Paragraphs "A" through "C"
above, inclusive, as if said Paragraphs were set f.'orth herein in full_
MUTUAL CROSS -ACCESS EASEMENT - I
47134.0021.1219 89 72.1
2. Term. The term of this Agreement shall be perpetual.
3. Grant,
3.1 Wadsworth hereby grants Sadie Creek a non-exclusive perpetual access easement
over, on, across, that portion of the Wadsworth Property within the boundaries of the Permanent
Service Drive and over that portion of the Wadsworth Property which is Prom time to time
developed and used by Wadsworth for use by vehicular traffic (excluding parking areas, drive-
thru lanes, loading zones, or similar areas).
3.2 Sadie Creek hereby grants Wadsworth a non-exclusive perpetual access easement
over, on, across, and through the Sadie Creek's Property within the boundaries of the Permanent
Service Drive and over that portion of the Sadie Creek Property east of the Permanent Service
Drive which is from time to time developed and used by Wadsworth for use by vehicular traffic
(excluding parking areas, drive-thru lanes, loading zones, or similar areas).
4. Purpose of Easement. Tile Easements created hereby shall be used for ingress and
egress for pedestrian travel and vehicular travel by the parties and their successors and assigns
and their respective representatives, customers, invitees, and agents. No parking of any vehicles
shall be permitted on the easements granted Easement and no rights of cross parking are granted
by this Agreement.
S. Construction.
5.1 Permanent Service Drive. Either Party may elect to construct the permanent
improvements related to the Permanent Service Drive ("Constructing Party") in accordance with
plans and specifications to be prepared by the Constructing Party, and a construction conti-act for
the construction of the improvements by a qualified third party to be prepared by the
Constructing Party, subject to the reasonable approval of die other party, and prior to the start of
any improvements, temporary or permanent (the `Non -constructing; Party"). The Non -
Constructing Party shall pay to the Constructing Party its Pro -Bata Share (defined as 50% in the
case of Wadsworth, and 50% in the case of Sadie Creek) of all of the approved costs to construct
the permanent improvements related to the Permanent Service Drive within 30 days of its receipt
of written notice of completion of the same from the Constructing Party as well as lien waivers
related to the construction. Prior to construction of the permanent improvements required to
create the Permanent Service Drive, either party, at its own expense may construct temporary
improvements across the area within the Permanent Service .Drive in order to utilize the same.
All construction of the: improvements to the Permanent Service Drive under this paragraph shall
be performed by licensed contractors in accordance with all applicable laws and rules and
regulations, and shall be warranted against defects against materials and workmanship for a
period of one year from completion.
5.2 Lien in Favor of Constructing Party. There is hereby created a claim of lien with
power of sale on the Wadsworth Property and the Sadie Creek Property to secure payment of the
obligations of the Non -Constructing Party pursuant to this Agreement together with interest
thereon at twelve percent (12%) and all costs of collection which may be paid or incurred by the
Constructing Party in connection therewith, including reasonable attorney's fees. Upon a default
MU UAL CROSS -ACCESS EASEMENT- - 2
47134.0021.12198972.1
by the Non-Colzseructing Party in the payment of any sum due hereunder, tl,e Constructing Party
may cause to be recorded in the office of the County Recorder a clalrn of lien. The claim of lien
shall state the amount of such delinquent sums and other authorized charges (including the cost
of recording such claim of lien), a sufficient description of the property against which the same
have been assessed, and the name of the record owner thereof. Upon payment to the
Constructing Party of all delinquent sums and charges, the Constructing Party shall cause to be
recorded a notice stating the satisfaction of such delinquent sums and charges. Such lien may be
foreclosed by appropriate action in court or other person authorized to make the sale. Such sale
shall be conducted in accordance with the provisions of the Idaho Code applicable to the exercise
of powers of sale permitted by law. Upon the determination of which party is the Constructing
Party, the Non -Constructing Party agrees to release the lien on the Constructing Party's property
upon the request of the Constructing Party. Upon satisfaction of the Non -Constructing Party's
obligations set forth in Sections 5.1 and 5.2, the Constructing Party agrees to release the lien on
the Non -Constructing Party's property upon the request of the Non -Constructing Party. Each
party agrees to subordinate the foregoing lien upon the request of the other party, to a lender who
has, or is obtaining a first lien position on the requesting party's property.
5.3 Other Construction. The cost of the construction of improvements on easements
outside of the Permanent Service Drive shall be borne by the owner of the property on which
such easements are located.
6. Relocation Reservation/Access Point. The easements outside of the Permanent Service
Drive created hereby are being granted prior to the development of the Wadsworth and Sadie
Creek Property. Wadsworth and Sadie Creek have no obligation to make improvements upon
their respective property for such easements. Once constructed, Wadsworth hereby reserves the
right to relocate the easements outside the Permanent Service Drive upon the Wadsworth
Property after the development of the Wadsworth Property. Once constructed, Sadie Creek
hereby reserves the right to relocate the easements Outside the Permanent Service Drive upon the
Sadie Creek Property either before or after the development of the Sadie Creek Property.
Notwithstanding the foregoing, the parties agree that upon development of their respective
parcels they shall each extend a paved drive aisle to the point of the Permanent Service Drive
designated on Exhibit A as the access point ("Access Point") which shall be connected with the
other drive aisles on such party's parcel, and thereafter, in the event of any relocation outside of
the Permanent Service Drive, each party shall be obligated to maintain a paved drive aisle which
connects to the Access Point and which shall be connected with the other drive aisles on such
party's parcel.
7. Each party reserves the right on their respective properly to use any of the areas
encumbered by the Easements and grant additional easements over the area subject to the
Easements (including but not limited to utility and drainage easements) so loll- as the same do
not conflict the terms of this Agreement.
8. Maintenance. Once constructed, each party shall, at its own expense, insure, maintain,
repair and replace any improvements situated within the Easements to the extent such
improvements are located on such party's property, including, without limitation, sweeping, seal
coating and snow removal and the like; provided, in each instance, the parties shall use
MUTUAL CROSS -ACCESS EASFMENT - 3
47134.0021.12 l 98972.1
reasonable efforts with one another to coordinate the timing of the performance of Such
maintenance activities,
9. Easement Obstructions. No fence or other barrier shall be erected or permitted within
or across the respective Easements which would prevent or obstruct the passage of pedestrian or
vehicular travel; provided, however, that the foregoing shall not prohibit (i) the temporary
erection of barricades which are reasonably necessary for security and/or safety purposes in
connection with the construction, reconstruction, repair and maintenance of improvements, on
the Wadsworth or Sadie Creek Property, including but not limited to utility work, it being agreed
by the parties however, that all such work shall be conducted in the most expeditious manner
reasonably possible to minirnize the interference with the use of the respective Easements by
Wadsworth and Sadie Creek, and such work shall be diligently prosecuted to completion, or
(ii) the construction of limited curbing or other forms of traffic controls along the outer perimeter
of the respective Easement.
Wadsworth and Sadie Creek respectively, reserve the right to close off the respective
Easements for such reasonable period of time as may be legally necessary to prevent the
acquisition of prescriptive rights by anyone, provided, however, that prior to taking such action,
the parties shall give written notice to the other of its intention to do so, and to the extent
reasonably possible, the parties shall coordinate such closing so that the interruption in the use
and enjoyment of the respective Easements are kept to a minimum.
10. Binding on Successors. The easements created hereby shall be binding on the heirs,
successors, administrators, executors and assigns of all parties hereto and shall run with the land.
11. Counterparts. This Agreement may be executed in counterparts, each part being
considered an original document, all parts being but one document.
12. Indemnification.
12.1 Sadie Creek agrees to indemnify, defend and hold the Wadsworth, and its
successors, assigns and agents harmless from any and all claims, liability, losses, costs, charges,
or expense that arise from their respective use or use by their respective customers, agents,
contractors, employees, invitees, or representatives of the easements granted in this Agreement.
12.2 Wadsworth agrees to indemnify, defend and hold the Sadie Creek, and its
successors, assigns and agents harmless frorn any and all claims, liability, losses, costs, charges,
or expense that arise from their respective use or use; by their respective customers, agents,
contractors, employees, invitees, or representatives of the easements granted in this Agreement.
12.3 The provisions of this Section shall survive any termination of this Agreement.
13. Remedies. in the event of a breach hereunder by any party, the non -breaching party shall
have all remedies available at law or in equity, including the availability of injunctive relief. In
any suit, action or appeal therefrom to enforce or interpret this Agreement, the prevailing party
shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees and
disbursements,
MUTUAL CROSS -ACCESS EASEMENT- 4
47134.0021.12198972.1
14. Insurance. shall at all times provide and maintain or cause to be provided and
maintained commercial general liability insurance with broad forth coverage (including broad
form property darnage coverage) insuring their use of the Easements with respect to bodily
injury, death or property damage or destruction in an amount not less than $2,000,000 for
personal injury or bodily injury or death of any one person, $2,000,000 far personal injury or
bodily injury or death of more than one person in one occurrence, and $500,000 with respect to
darnage to or destruction of property; or, in lieu of such coverage, a combined single limit
(covering personal injury, bodily injury or death and property damage or destruction) with a limit
of not less than $2,000,000 per occurrence. Said insurance shall be written with an insurer
licensed to do business in the state in which the property is located and having rating of at least
A-/V11I in the then current edition of nest's insurance Guide. Each party shall furnish the other
party (and their tenants upon request) with a certificate evidencing such insurance upon request.
The insurance which a party is required to maintain hereunder may be provided under a blanket
policy provided such policy otherwise complies with the requirements of this Agreement.
If the limits of such insurance become inadequate due to the changes in overall price
level or the size of claims being experienced, the limits shall increase to provide adequate
coverage for the Easements in accordance with limits for similarly situated and comparable drive
aisles. The parties shall review the insurance limits every five (5) years to determine whether the
insurance limits are adequate and negotiate what insurance limits should be required under this
section. Any increased insurance limits agreed to the parties shall be memorialized in an
agreement between all of the parties and binding on the parties as if the increased limits were set
forth originally in this Agreement.
15. Estoppel Certificate. The parties, upon request by the other, will execute and deliver to
the other an estoppel certificate setting forth the status of the performance of this Agreement,
whether or not the executing party knows of any default under the Agreement, and such other
matters as are reasonably requested by the requesting party. The non -requesting party shall have
twenty (20) days from its receipt of said estoppel certificate and/or other related documentation
to complete and deliver an executed document(s) to the requesting party.
116. Limited Representations and Warranties. Each Party represents and warrants to the
other Party that it is the owner of its respective property affected by this Agreement, that it has
authority to grant the easements herein without the need for any notice to, consent of or
subordination by, any other person or entity, and that such easement is and will be free and clear
of all liens, encumbrances and restriction except those appearing of record.
17. Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or
dedication of any portion of the easement to the general public, or for any public use or purpose
whatsoever, it being the intention of the Parties hereto that this Agreement be strictly limited to
and for the purposes herein expressed. The right of the public or any person to make any use
whatsoever of the Easements herein affected, or any portion thereof (other than any use
expressly allowed by a written or recorded map, agreement, deed or dedication) is by permission
and subject to the control of the Parties hereto. Notwithstanding any other provisions herein to
the contrary, either Party may periodically restrict ingress or egress from the Easements herein
described in order to prevent a prescriptive easement from arising by reason of continued public
MUTUAL CROSS-ACCLSS EASEMENT- 5
47134A021.12198972.1
use. Any restriction on ingress and egress shall be limited to the minimum period necessary to
prevent the creation of a prescriptive easement and shall OCCL It suclr at time as to have a
minimum effect on the Parties.
18. Amendment. This Agreement can only be amended, modified or terminated by a written
instrument, signed by all parties owning a fee interest in any portion of Wadsworth Property or
the Sadie Creek Property. any such amendment shall be recorded at the office of the Avila
County Recorder. However, nothing herein shall be deemed to prevent either Party from making
changes to its property only, so long as such changes do not materially and adversely affect the
easements and rights granted herein.
19. Not a Partnership; No Third Party Rights. The Parties do not by this Agreement, in
any way or for any purpose, become partners or joint venturers of the other Party in the conduct
of their respective businesses or otherwise. The provisions of this Agreement relating to the
granting of easements are solely for the purpose of providing ingress and egress as provided
herein. This Agreement is not intended to create, nor shall it be in any way interpreted or
construed to create, any third party beneficiary rights in any person not a party hereto.
20. Notices. All notices, demands and requests required or desired to be given under this
Agreement must be in writing and shall be deemed to have been given as of the date such writing
is (1) delivered to the party intended. (ii) delivered to the then current address of the party
intended, or (iii) rejected at the them current address of the party intended, provided such writing
was sent prepaid. The initial address of the signatories hereto is:
Sadie Creek: LandBaron Investments
Attn: Robert R. Black Jr.
10789 W. Twain Ave. Second Floor
702-851-3999 Tele in lone
rbla!AL2Nmdbaroninv.com Email
Wadsworth: Wadsworth Acquisitions, LLC
Attn: Roman Groesbeck
166 E. 14000 S., Suite 210
Draper, UT 84020
(801) 748-4088 Telephone
roman@wadsdev.com Email
Upon at least ten (10) days' prior written notice, each party shall have the right to change
its address to any other address within the United States of America..
[This space inlervionally left blank..S'ignalures appear on fiollowingpage.]
MUTUAL CROSS -ACCESS EASEMENT - 6
,17134,0021.12198972.1
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed
the day and year first written above,
WADSWORTH:
WADSWORTH MERIDIAN, LLC,
a Utah limited liability company and/or its assigns
By: Wadsworth & Sons, LLC,
a Utah limited liability company
Its: Manager
13v:
Name: - — Its
SADIE CREEK-
SADIE CREEK COMMONS LLC,
an Idaho limited liability company
MUTUAL CROSS -ACCESS EASEMENT- 7
47134.002[.12198972.1
STATE OF UTAH )
} ss.
COUNTY OF SALT LAKE }
On this - ____ day of
2020, before nie, a Notary Public within and for
said County, personally appeared to me personally known, being first by
me duly sworn, did say that he is the _ _ of Wadsworth & Sons II.1, LLC,
Manager of Wadsworth Acquisitions, LLC, a Utah limited liability company.
NOTARY PUBLIC
Residing at __
My Commission Expires
STATE OF NEVADA
) ss.
County OF CLARK )
On this ��ay of he , 20�� before me _ _j,_,B2LU
personally appeared66ofi + c.i� r , known or identified to me (or proved to nze
on the oath of y to be one of the members or managers of
the limited liability company of SADIE CREEK COMMONS LLC, an Idaho limited liability
company and the member or manager who subscribed said company name to the foregoing
instrument, and acknowledged to me that [he/she] executed the same in said company name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
AmberBedwd
NOTARY PUB[isr
N (TARY PUBLIC FOR NEVADA
STATE OF NEVADA Residing at to --i 4J - �1SIat��d 'ry 7�1. L ✓r Y /.
,�Evies ,�t My Commission Expires Nl l� 2D�_
MUTUAL CROSS -ACCESS EASEMENT 8
47134.0021.12198972.1
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed
the day and year first written above.
WADSWORTH:
WADSWORTH MERIDIAN, LLC,
a Utah limited liability company and/or its assigns
By: Wadswv rth & Sons, LLC,
a Utah limit d liability company
Its: Manager
By -
Name:
Its
SADIE
SADIE CREEK COMMONS LLC,
an Idaho limited liability company
By: —
Name:
Its
MUTUAL CROSS -ACCESS EASEMENT- 7
47134.4421,12198972.1
STATE OF UTAH )
ss.
COUNTY OF SALT LAKE )
On this �'`t day of , 2020, before me, a Notary Public within and for
said County, personally appeared y_,a „Vt�� to me personally known, being first by
me duly sworn, did say that he is the Ct:: e+ _ of Wadsworth & Sons, LLC,
Manager of Wadsworth Meridian, LLC, a Utah limited liability. company,
t M
GiiUESB CKState of 13tahber; 7TO+tf9 Expires on2024
STATE OF 1DAHO )
ss.
County of )
NOTARY PUBLIC
Residing at
My Commission Expires
On this day of 20_, before me personally appeared _ known or identified to me (or proved to _ me
on the oath of ). to be one of the members or managers of
the limited liability company of SADIE CREEK COMMONS LLC, an Idaho limited liability
company and the member or manager who subscribed said company name to the foregoing
instrument, and acknowledged to me that [he/shel executed the same in said company name.
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
MUTUAL CROSS -ACCESS EASEMENT - 8
47134.0021,12199972.1
Schedule I
Wadswordi's Property Legg] Descri tiara
A parcel of land lying in the NE 1/. of the NE 'i4 of Section S. Township 3 ]North, Range I East, Boise
Meridian, Ada County, Idaho, said puree( is also known as Parcel B of Record of Survey No_ 6418, racordcd
February 13, 2004 as Instrument No, 104016722, of official records, being more particularly described ati
follows:
COMMENCING at a found brass cap marking the Northeast corner of said Section 5.'Torvnship 3 Norili,
Range I East, Boise Meridian, Ada County, Idaho, said brass cnp bears North 891139'20" East 2656.46 feet
(roan a set 5!8" iron pin marking the North quarter comer of said Section 5, said brass cup also bean: North
00'00'(XY' ` vst 2611,41 feet (ti rnierly 2611,50 feet) from a found brass cap marking the East geearter Conner
ofsaid seetion 5;
Thence South 00'00'00" East 400.00 feet alonft the Fast boundary of the said NE','a of the NF 1/4 of Section 5
to a point;
Thence North 84'06'00" West (forinerty North 83027'47" West and North 84`(A' West) 5119 feet to a set
518" iron pin lying on the Westerly right-of-way of State Highway 55 (Tagle Road), said pin also marling, the
REAL POINT OF BEGINNING;
Thence continuing North $4'06'00" West (formerly [*forth 94'04' West) 428.70 feet to a set 518" iron pin;
'rhence North 81U54'00" West 24,72 feet to a set 518" iron pin;
Thence: North 01a05'59- East (tortnerly North 1 °24'39" Fast 316.81 fe;ct) 319.26 ti,et to a found 5i8" iron pin
lying on the Soutltedy rigltt-of way of Ustick Road, -
Thence North 89139'20" East 452,81 feet along the said Southerly right-of-way of Ustick Read to a set 5f8"
iron pin marking the right-of-way intersection of said Ustick Road and said State llighway 55 (Engle Road);
Thence South 01' 14'39" West 369.56 feet along the said Westerly right-of-way of State Highway 55 (E,agle'
Rand) to the POINT OF BEGINNING.
r,XCEPTING THEREFROM a parcel of land being a portion of (fiat tract of land as described in Wananty
Deed Instivment No. 106009522, Ada County Rceordc. said parcel being situated in (lie NE K of the NE ; )f
Section 5, Township 3 North, Range I East, Raise MeridimL Ada County, Idaho, is more pairticularly
described as follows:
COMMENCING at the Northeast comer of said Section 5:
Thence along the North line of said section North 89044'39" West, 42.45 feet:
'T'hcnce leaving said section line South 01°50'34'.' West. 25.00 feet to the; Northeast corner of said tract being
the POINT OF BEGINNING,
Thence continuing along the East line of said tract South 01 °50'34" West, 6:3;90 feet:
Thence leaning said Fast line North 43'54' 11" West, 45,83 feet to a point being 56.00 feet South of the North
lime ofsaid Section 5,
Thence along a lino parallel with and 56.00 fret South of said section line north 89°44'39" West. 181.46 feet.
Thence leaving said parallel line North 85°25'46" West, 180.57 feet:
Blanca North 88°4715" West, 5$.01 teal to the West line of said tracts
Thrnec alutig said West line North 01 °4 i'54" Fast, 16-45 I'm( tO a point being 25,N) feel South of the North
line of said Section 5.
Thence along a line parallel with and 25.00 feet South ufsaid section line South 89*44'39" Baal, 452.80 feet
to die POINT OF BEGINNING.
MUTUAL CROSS -ACCESS EASENIUNT-9
4 713 4.0021.1219 8972 A
Schedulc It
Sadie Creek's Plonerty
A parcel of land located In Government Lot 1 in the Northeast One Quarter of Section 5, Township 3
North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly
described as follows:
Commencing at the Northeast Corner of Section 5 of said Township 3 North, Range 1 East, (from which
point the North Quarter Corner of said Section 5 bears South 89"39'20" West, 2656.46 feet distant);
Thence South 89'39'20" West, a distance of 495.33 feet on the north line of said Section 5;
Thence South 01"05'59" West, a distance of 41.45 feet to a point on the easterly boundary line of that
Parcel as described in Warranty Deed Instrument Number 2017-094272 of Ada County Records, and on
the southerly right-of-way line of East Ustick Road, said point also being the POINT OF BEGINNING;
Thence South 01' 05' 59" West, a distance of 302.81 feet on the exterior boundary line of said
Warranty Deed parcel;
Thence South 81' 54' 00" East, a distance of 24.72 feet on the exterior boundary line of said
Warranty heed parcel;
Thence South 84" 06' 00" East, a distance of 428,70 feet on the exterior boundary line of said
Warranty Deed parcel to the Northeast Comer of Parcel C as described In Warranty Deed
Instrument Number 2017.094272 of Ada County Records, said point being on the westerly right-
of-way line of North Eagle Road;
Thence South 01' 14' 39" West, a distance of 276.81 feet to a point an the Northerly boundary
line of Bienville Square Subdivision, as same is shown on the Plat thereof, recorded in Book 102
of Plats at Page 13495 of Ada County Records;
Thence forth 83' 54' 00" West, a distance of 510.21 feet on said Northerly boundary line;
Thence North 71" 28' 10" West, a distance of 803.90 feet on said Northerly boundary line to a
point on the East boundary line of Carol's Subdivision No. 2, as same is shown on the Plat
thereof, recorded in Book 39 of Plats at Page 3248 of Ada County Records;
Thence North 00' 15' 1. " West, a distance of 305.79 feet on said East boundary Iine to a point
on the Southerly right-of-way line of East Ustick Road;
Thence on said Southerly right-of-way line of East Ustick Road for the following courses and
distances:
Thence worth 89" 39' 20"
East, a distance of 125.16 feet;
Thence South 45° 58' 35"
East, a distance of 40.04 feet;
Thence North 890 39' 20"
East, a distance of 59.00 feet;
Thence North 44" 47' 01"
East, a distance of 53.86 feet;
Thence North 89" 39' 20"
East, a distance of 374.57 feet;
Thence South 896 23' 16"
East, a distance of 206.36 feet to the POINT OF BEGINNI
The above described parcel contains 1.1.38 acres snore or less.
MUTUAL, CROSS -ACCESS EASEMEN7 - 10
47134,0021,12198972.1
Schedule iii
Legal Description of Permanent. Service Drive
An easement located in Government Lot 1 in the Northeast Quarter of Section 5, Township 3 North,
Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as
follows:
Commencing at the Northeast Corner of Section 5 of said Township 3 North, Range 1 East, (from which
the North Quarter Corner of said Section 5 bears South 89'39'20" West, 2656,46 feet distant);
Thence from said Section Corner, South 8903920" vest, a distance of 495.33 feet on the north line of
said Section 5;
Thence South 01"05'59" West, a distance of 41:45 feet to a point on the southerly right-of-way line of
East Llstick Road, said point being the Northeast corner of Parcel "E", as shown on Record of Survey
Number 11747 of Ada County Records, said point being the POINT OF BEGINNING;
Thence South 01° 05' 39" West, a distance of 302,81 feet on the east line of said Parcel "E";
Thence South 81' 54' 06" East, a distance of 24.71 feet;
Thence South 84' 06' 00" East, a distance of 6.32 feet to a point of curve;
Thence leaving said east parcel line, 9.08 feet on the arc of a curve to the right, said curve having
a radius of 121.60 feet, a central angle of 04' 16° 39", a chord bearing of South 29' 38' 40" East,
and a chord length of 9.08 feet;
Thence South 31' 49' 01" West, a distance of 5.86 feet to a point of curve;
Thence 28.16 feet on the arc of a curve to the right, said curve having a radius of 116:60 feet, a
central angle of 13° 50' 22", a chord bearing of South 19' 07' 02" East, and a chord length of
28.10 feet;
Thence South 12° 11' S1" East, a distance of 34.62 feet;
Thence South 14' 31' 19" East, a distance of 67.33. feet;
Thence South 14' 31' 19" East, a distance of 67.31 feet;
Thence South 14' 31' 19" East, a distance of 5,29 feet to a point of curve;
Thence 41.54 feet on the arc of a curve to the right, sold curve having a radices of 115.50 feet, a
central angle of 20' 36' 23", a chord bearing of South 04' IT 07a East, and a chord length of
41.32 feet;
Thence South 06" 23' 24" West, a distance of 29.12 feet to a point of curve;
Thence 2.74 feet on the arc of a curve to the left, said curve having a radius of 29.00 feet, a
central angle of 05' 25' 07", a chord bearing of South 03' 22' 31" West, and a chord length of
2.74 feet;
Thence South 00' 39' 57" West, a distance of 0.95 feet to a point on the northerly right-of-way
line of East Picard Lane (Private);
Thence North 8Y 54' 00" West, a distance of 30.21 feet on said northerly right-of-way line to a
point of curve;
MLITUAL CROSS -ACCESS EASEMENT- I[
47134,0021.12198972.1
Thence leaving said northerly right-of-way line, 7.25 feet on the arc of a curve to the left, said
curve having a radius of 14.50 feet, a central angle of 2r 39' 28", a chord bearing of North .20°
24' 48" East, and a chord length of 7.18 feet;
Thence North 06' 05' 04" East, a distance of 25.38 feet to a point of curve;
Thence 1S.46 feet on the arc of a curve to the left, said curve having a radius of 43.00 feet, a
central angle of 20' 36' 23", a chord bearing of North 04' 13' 07" West, and a chord length of
15.38 feet;
Thence North 14' 31' 19" West, a distance of 92.13 feet;
Thence North 14' 31' 18" West, a distance of 103.14 feet to a point of curve;
Thence 46.15 feet on the arc of a curve to the left, said curve having a radius of 84.10 feet, a
central angle of 31' 26' 41", a chord bearing of North 30' 14' 39" West, and a chord length of
45.58 feet;
Thence North 01° 05' 59" East, a distance of 246.21 feet;
Thence North 020 12' 25" West, a distance of 25.14 feet to a point of curve;
Thence 46.81 feet on the arc of a curve to the left, Said curve having a radius of 29.58 feet, a
central angle of 90' 40' 22", a chard bearing of North 440 23' 17" West, and a chord length of
42.08 feet;
Thence North Go' 36' A4" East, a distance of 9.60 feet to a point on the southerly right-of-way
line of East Ustick Road;
Thence South 89' 23' 12" East, a distance of 45.52 feet on said southerly right•of-way line, to ti
POINT OF BEGINNING.
MU`['UALCROSS-ACCESS EASFAIEN'['- 12
47134.0021 A2198972.1
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47134.0021_ 12198972,1
Line Table
Curve Table
LINE
BEARING
LENGTH
CURVE
LENGTH
RADIUS
DELTA
CHORD BEARING
CHORD LENGTH
L1
L2
SO1`0591W
501,0532W
41.45'
302.81'
Ol
C2
9.08,
28,16'
121.60'
116.W
4'1639"
13"5022"
S29"38'40'E
S19'07'02"E
9.08'
28.10'
L3
S8114WE
24.71'
C3
41.54'
115.*
20'36'23"
SO4"13'07"E
41.32'
L4
L5
L6
S84"OS`00'E
S31'4MIV
S121V511
6.32'
5.86'
34.62'
C4
C5
Cfi
2.74'
7.25'
15.46'
29.0R
14M
43.00`
PEW"
20'3926"
2W3623"
S03°22311w
N20`24'48'E
N04'1307W11
2.74'
7,16'
15,38'
L7
L6
S14"31`19•E
SW31191
67.31'
67.31,
C7
Ce
46.15'
46.81'
84.10'
29.56'
31'2641"
90'40'22"
N30'14'39"W
NWA-1M
45,58,
42,08'
L9
SI4'31'19'E
5.29'
L I O
S06 23 24 W
28.12'
L11
S00I9'57"W
0.95,
L12
N83'541)0'VV
3021,
L13
N06'05'04'6
25.38'
L14
N14'31119"W
91.13'
L15
N14'31'18'W
103.14'
Lid
N01'95`59"E
246.21'
L17
NO2` 12'25 W
25.14'
L18
NOW36441
9.60'
L19
58012312'E
45.52'
MUTUAL CROSS -ACCESS EASEMENT- 14
4 713 4.0021.12198972.1
An easement located in the Government Lot 1 in the Northeast Quarter of Section 5, Township 3 North,
Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as
follows:
Commencing at the Northeast Corner of Section 5 of said Township 3 North, Mange 1 East, (from which
point the North Quarter Corner of said Section 5 bears South 89'39'20" West, 2656.46 feet distant);
Thence from said Section Corner, South 99'39'2W West, a distance of 495.33 feet on the North line of
said Section 5;
Thence South 01'05'59" West, a distance of 41.45 feet to a point on the Southerly right-of-way line of
East Ustick Road, said paint being the Northeast corner of Parcel "E', as shown on Record of Survey
Number 11747 of Ada County Records, said point being the POINT OF BEGINNING;
Thence South 89' 23' 1b" East, a distance of 40.76 feet on said Southerly right-of-way line;
Thence leaving said southerly right-of-way line, South 38' 12' 30" West, a distance of 16,62 feet;
Thence South 00' 12' 44" West, a distance of 6,33 feet;
Thence South 61' 33' 48" West, a distance of 11.78 feet;
Thence South 03` 29' 23" West, a distance of 39.58 feet;
Thence South 01' 05' 59" West, a distance of 210.71 feet to a point of curve;
Thence 27.77 feet on the arc of a curve to the left, said curve having a radius of 44.50 feet, a
central angle of 350 45' 37". a chord bearing of South 160 46' S0" East, and a chord length of
27.33 feet;
Thence South 33' 13' 19" East, a distance of 6.11 feet to a point on the Northerly boundary line
of Parcel "E" of said Record of survey 11747;
Thence North 84' 06' 00" West, a distance of 6.32 feet on said Northerly boundary line;
Thence North 81° 54' 00" West, a distance of 24.72 feet on said Northerly boundary line;
Thence North 01' 05' 59" East, a distance of 302.81 feet the POINT OF BEGINNING.
The above described area contains 0.14 acres more or less.
M U'T'UAL CROSS -ACCESS EASE\i ENT- IS
47134.0021,12198972.1
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Line Table
LINE
BEARING
LENGTH
LI
I NO1'i15'S9'E
41.45'
L2
589'23lfil
40.76'
L3
838'123(rW
16.62'
L4
SOW 1244W
8.n
L5
SM'33'48' W
11.78'
LB
S03'2323'W
39.50,
L7
SOt° BMW
210.71,
L8
S33'1319'E
6.11,
L9
N84'06mO'Yd
6.32'
L1O
R81'54'00'1•H
24.72'
L11
N01'W5n
302.81'
Curve Table
CURVE
LENGTH
RADIUS
DELTA
CHORD BEARING
CHORD LENGTH
C1
27,77
44.50
35°4W-
I S16.46SO E
27.33'
tIMUTUAL CROSS -ACCESS EASEMENT - 16
47134.0021.12198972.1
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