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PZ - Cross Access Agreements ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 15.00 5 BOISE IDAHO 11/06/08 01:36 PM DEPUTY Lisa Irby RECORDED—REQUEST OF 1681�18�0 Mark Johnson CROSS-ACCESS AND/OR THROUGH-ACCESS AGREEMENT This Agreement is made and entered into this el f4 day of November, 2008, by Marc Johnson whose address is 12389 W. Bowmont St, Boise ID 83713, hereinafter referred to as Grantor for the purposes hereinafter set forth. WITNESSETH: WHEREAS, the Grantor is the fee simple owner of property more fully described as follows, to wit: Parcel Number(s) R6129020510 - 1414 N. Meridian Rd. R6129020532 -1402 N. Meridian Rd. R6129020360 - 1332 N. Meridian Rd. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledge, the Grantor agrees as follows: 1. Grantor hereby agrees to grant, for this purpose of ingress/egress to N. Meridian Road a CROSS-ACCESS and THROUGH-ACCESS EASEMENT, as depicted on the site plan and described as Exhibit "A", attached hereto and incorporated herein, to Parcels A, B, C & D as shown on the stated EXHIBIT "A", upon, over and across the following described parcel of land, to-wit: See Exhibits "C" and "D" 2. This Agreement shall be binding upon the successors, heirs, executors, administrators, personal representative, or assigns of the Grantor and upon all persons acquiring an interest thereunder, and shall be a covenant running with the title to the Grantor land herein described until terminated as provided herein. 3. This Agreement and the provision contained herein shall be construed, controlled, and interpreted according to the laws of the State of Idaho. hereinafter adopted. 4. The Grantor shall cause to have this Agreement recorded and made of public record in the office of the Ada County Recorder, Boise, Idaho. 5. The Grantor hereby covenants and agrees that this Agreement and the terms mentioned herein are specifically enforceable because monetary damages would be insufficient to redress the denial of such easement. 6. This Agreement shall run with the land, unless terminated jointly by the parties hereto. Dated this day of November, 2008. By: (Pro, rty Owner) STATE OF I DAHO ) ) ss. County of Ada ) On this day of November, 2008, before me, b e A Notary Public in and for the State of Idaho, personally Appeared Marc Johnson known or identified to me to be the person who executed this instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. =NOTARY SSEN UBLICIDAHO Notary Public for Idaho Residing at: BANK OF THE CASCADES My commission expires: I MERIDIAN BRANCH 30 E. BROADWAY AVE.. MERIDIAN, ID 83642 1 6 EXHIBIT "A" DRIVEWAY EASEMENT FOR 12 7 SHAYLEE ESTATES PORTIONS OF BLOCKS 3 AND 4, AMENDED F.A. NOURSE'S THIRD ADDITION, LYING IN THE NW 1/4, SECTION 7, T.3N„ R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO 1422 N. PARCEL D 1 � MERIDIAN R6129020490 30' 1 40' 1 ROAD N 89°37'05" E N i Q W 12 A 12 l_ r1414N. m �L I Z _ ,MERIDIAN iN s 6 KIMBERLEE LANE EASEMENT Q rn m ROAD I AREA = 3,826 SF p pv ,6 (0.088 ACRE) MORE OR LESS PARCEL A oLr- 3 1 0 °° R6129020510 z r o% o m ��% �. m 76 47 °37'05" E g G$ � o SCALE IN FEET , I.. = 4 0' t Q Z NS 89°37'05" W 107.38' ' � 1 N '/ PROPOSED 1 O 'D f KIMBERLEE LANE 1 o P.O.B. o z - - 1402 N. --------- r a`. m ✓MERIDIAN in v ROAD _ , . ,,,... O N v WEST MAPLE AVE. Nag°37'o5"E, :`""`-``"` PARCEL C — — ---------------------------------- --------R6129020560 ------------ 1332 N. 40.00' i SW CORNER BLOCK 4 AMENDED MERIDIAN to w _ F.A. NOURSE'S 3RD ADDITION ROAD PARCEL B o - -----------, v ON m R6129020532 Ld CD O 1 a, SOUTH DRIVEWAY EASEMENT z P.O.B. AREA = 2,727 SF N (0.063 ACRE) MORE OR LESS j 0 11F:dLS�J! R'�n e*-. wbwe r O " k N 89 37 05 E 113 ;7- ° N ,• 1 ; S 89037'05" W 113.61, 24.00' \� }7 .; rryryyrrrr rrrh 1324 N. PARCEL E r-` MERIDIAN ROAD R6129020360 30' 1 40' i CURVE TABLE I I CURVEJ RADIUS I DELTA ILENGTHI BEARING I CHORD C - 1 7.00' 89'12'46" 1 10.90' 1 N 45'00'42" E 1 9.83' 12 7 TEALETS LAND SURVEYING 187 EAST 50th STREET GARDEN CITY,ID.83714 208-385-0636 3079—ease—exh.dwg 11-06-08 11:16:47 dmorks TE L Y'S LAND 187 E. 50th Street * Garden City, Idaho 83714 SURVEYING (gas) 365-0636 Fax (208) 385-0696 Lu Project No.: 3079 Date: November 6, 2008 EXHIBIT "B" DESCRIPTION FOR SHAYLEE ESTATES KIMBERLEE LANE EASEMENT A parcel of land being a portion of Parcels A, B & C of Record of Survey No. 8427 as on file in the office of the Recorder for Ada County, Idaho, also being a portion of Block 4 of Amended Plat of F.A. Nourse's Third Addition, a subdivision, as on file in Book 7 of Plats at Page 299 in the Office of the Recorder for Ada County, Idaho, said parcel being situated in the NW 1/4 of Section 7, T.3N., RAE., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at the Southwest corner of said Block 4 of Amended Plat of F.A. Nourse's Third Addition, marked by an iron pin; thence along the West line of said Block 4 North 00024'19" East 54.37 feet to the POINT OF BEGINNING; thence continuing North 00024'19" East 24.00 feet to a point on a line that is parallel with and 13.38 feet North of the South line of said Parcel A; thence along said parallel line North 89037'05" East 76.47 feet to a point of curve; thence along the arc of a curve to the left whose radius is 7.00 feet, whose central angle is 89012'46", whose length is 10.90 feet and whose long chord bears North 45000'42" East 9.83 feet to a point on a line that is parallel with and 12.00 feet West of the East line of said Parcel A; thence along said parallel line North 00024'19" East 44.72 feet to a point on the North line of said Parcel A; thence along said North Line North 89037'05" East 24.00 feet to a point; thence along a line that is parallel with said East line of Parcel A South 00°24'19" West 75.63 feet to a point; thence along a line that is parallel with said South line of Parcel A South 89037'05"West 107.38 feet to the POINT OF BEGINNING. Said Parcel Contains 3,826 Square Feet, more or less. fi 3079-KimberleeLn-ease-desc.doc-jdw TEALEY'S LAND 187 E. 50th Street • Garden City, Idaho 83714 SURVEYING (208) 385-0636 Fax (208) 385-0696 Project No.: 3079 Date: November 6, 2008 EXHIBIT "C" DESCRIPTION FOR SHAYLEE ESTATES SOUTH DRIVEWAY EASEMENT A parcel of land being a portion of Parcel C of Record of Survey No. 8427 as on file in the office of the Recorder for Ada County, Idaho, also being a portion of Block 3 of Amended Plat of F.A. Nourse's Third Addition, a subdivision, as on file in Book 7 of Plats at Page 299 in the Office of the Recorder for Ada County, Idaho, said parcel being situated in the NW 1/4 of Section 7, T.3N., R.1E., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at the Northwest corner of said Block 3 of Amended Plat of F.A. Nourse's Third Addition, marked by an iron pin; thence along the West line of said Block 3 South 00024'19" West 66.97 feet to a point on a line that is parallel with and p 12.00 feet North of the South line of said Parcel C, which point is the POINT OF BEGINNING;thence along said parallel line North 89037'05" East 113.61 feet to a point; thence along a line that is parallel with said West line South 00024'19" West 24.00 feet to a point; thence along a line that is parallel with said South line South 89037'05"West 113.61 feet to a point on said West line; thence along said West line North 00°24'19" East 24.00 feet to the POINT OF BEGINNING. Said Parcel Contains 2,727 Square Feet, more or less. I t"21 I �y 3079-South-Drive-ease-desc.doc-jdw ADA COUNTY RECORDER Phil McGrane 2020-148053 BOISE IDAHO Pgs=12 BONNIE OBERBILLIG 10/30/2020 03:11 PM PIONEER TITLE COMPANY OF ADA COUNTY $43.00 RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: ATTN:Stephanie M.Regenold Perkins Coie LLP 1120 NW Couch Street,Fl. 10 Portland,Oregon 97209 �q3(p20 (Space Above For Recorder's Use) MUTUAL CROSS-ACCESS EASEMENT AGREEMENT This Mutual Cross-Access Easement ("Agreement") is made effective this 30th day of October,2020,by and between Idaho Family Holdings,LLC,an Idaho limited liability company, whose address is 360 East State Street,Eagle,Idaho 836I6("Grantor"),and AccountSery CPAS, PLLC, an Idaho professional limited liability company, whose address is 1402 N. Meridian Road, Meridian, Idaho 83642 ("Grantee" . The Grantor and Grantee may be collectively referred to as the parties. RECITALS: A. Grantor is the owner of that certain property more commonly known as Parcel C, 1332 N. Meridian Road, Meridian, Idaho 83642, as more fully described in ExhlbitA, which exhibit is attached hereto and incorporated herein("Grantor's Property"); B. Grantee is the owner of that certain property more commonly known as Parcel B, 1402 N. Meridian Road, Meridian, Idaho 83642, as more fully described in ExhibitB, which exhibit is attached hereto and incorporated herein("Grantee's Property");and C. Grantor desires to grant and Grantee desires to receive an easement for ingress and egress across the Grantor's Property, and Grantee desires to grant and Grantor desires to receive an easement for ingress and egress across the Grantee's Property as further depicted and more fully described on Exhibit C, which exhibit is attached hereto and incorporated herein, under the terms and conditions outlined hereafter. 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"D" above,inclusive,as if said Paragraphs were set forth hereat in full. MUTUAL CROSS-ACCESS EASEMENT-I 2. Grant. 2.1 Grantor hereby grants Grantee, its respective successors, assigns, and their authorized representatives, customers, invitees, agents, lessees, and designees, a non-exclusive perpetual access easement over, on, across, and through the Grantor's Property for ingress and egress in the location depicted and more fully described on Exhibit C("Grantee Easement"), 2.2 Grantee hereby grants Grantor, its respective successors, assigns, and their authorized representatives, customers, invitees, agents, lessees, and designees, a non-exclusive perpetual access easement over, on, across, and through the Grantee's Property for ingress and egress in the location depicted and more fully described on Exhibit C("Grantor Easement"). 2.3 Grantor expressly reserves and Grantee hereby agrees, grants, and confirms that Grantor shall have the right to grant additional easements or access rights on,over,or across the Easements to other third parties and Grantee agrees to cooperate and execute such other documentation for such purposes. This includes the right to grant such other easements for access,development,or utilities for the benefit of the parcel more commonly known as Parcel A, 1414 N.Meridian Road, Meridian, Idaho 83642, which is legally described as: PAR#0510 @ West Side of Block 04,Amended Plat of F.A.Nourse's Third Addition,Parcel A of Record of Survey 8427#0350-13#0550-5. 3. Purpose of Easement. The Easements created hereby shall be used for ingress and egress for pedestrian travel, vehicular travel, cross parking, utilities and their respective representatives, customers, invitees, agents, lessees, and designees. Except for areas expressly designated for parking,no parking of any vehicles shall be permitted on the Easements. 4. Maintenance and Repair. In consideration for the Easements created hereby, Grantor and Grantee agree to equally share the costs of reasonably required construction,reconstruction, repair and maintenance of the respective Easements. The parties shall reasonably cooperate in identification and timely completion (as reasonably practicable) of any mutually agreed to construction,reconstruction,repair and maintenance work. 5. Indemnification. 5.1 The Grantee agrees to indemnify,defend and hold the Grantor,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, invitees, or representatives of the Grantee Easement. 5.2 The Grantor agrees to indemnify,defend and hold the Grantee,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, invitees, or representatives of the Grantor Easement. 6. 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 MUTUAL CROSS-ACCESS EASEMENT-2 shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees and disbursements. 7. 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 Grantor's or Grantee's Property,it being agreed by the parties however,that all such work shall be conducted in the most expeditious manner reasonably possible to minimize the interference with the use of the respective Easements by Grantor and Grantee, 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. Grantor and Grantee 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. 8. Notices. Any notices which may or are required to be given by either party to the other shall be in writing and shall be personally served on the designated party, delivered by courier, sent by United States certified or registered mail,postage prepaid,return receipt requested,or by email addressed to the parties as follows,unless a party hereto otherwise designates a different notice address or recipient in writing. Grantee: AccountSery CPAS,PLLC ATTN: 1402 N Meridian Road Meridian,ID 83642 E-mail: Grantor: Idaho Family Holdings,LLC ATTN: Stephen Barbey 360 East State Street Eagle,ID 83616 E-mail: stevebarbey@hotmail.com Any notice given in the form set forth herein shall be deemed given and received as follows:If personally served or delivered by courier,when delivered;if sent by mail on the fifth business day following the mailing thereof. Notice by e-mail transmission shall be deemed delivered on the date the recipient provides written acknowledgement (via email or other method)of receipt of the same.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. MUTUAL CROSS-ACCESS EASEMENT-3 9. Dedications. Grantor excepts and reserves unto itself, its successors and assigns, the right to dedicate the Grantee's Easement as a public street or drive at any time at its sole election. Grantee excepts and reserves unto itself, its successors and assigns, the right to dedicate the Grantor's Easement as a public street or drive at any time at its sole election. Upon any such dedication all private rights of Grantor or Grantee therein shall automatically terminate and expire. Until and unless an express dedication is made of the respective Easements, no use hereunder shall be deemed to constitute the respective Easements as a public way or a quasi- public way, but to the contrary the respective Easements shall constitute and remain a private way and drive. No dedication shall,however,be made of the respective Easement unless: A. Such Easement is accepted by the public entity for maintenance as a public street or drive;and B. The dedication does not preclude or prevent the continued use by Grantor or Grantee,as the case may be,of the entrance to and exit from the respective Easements then being used incident to the Grantor's or Grantee's Property. 10. Binding on Successors. The Easements created hereby shall be recorded in the official records of Ada County, Idaho, and shall be binding on the heirs, successors, administrators, executors and assigns of all parties hereto and shall run with the land. 11. Governing Law, Jurisdiction, and Venue. This Agreement shall be construed and interpreted in accordance with the laws of the State of Idaho. The parties agree that the courts of Idaho shall have exclusive jurisdiction and agree that Ada County is the proper venue. 12. Nonwaiver of Remedies. The failure or neglect of a party to enforce any remedy available by reason of the failure of the other party to observe or perform a term or condition set forth in this Agreement shall not constitute a waiver of such term or condition. A waiver by a party(i)shall not affect any term or condition other than the one specified in such waiver, and (ii)shall waive a specified term or condition only for the time and in a manner specifically stated in the waiver. 13. Severability. If any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any government regulations,the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provision held to be invalid. This Agreement will be reformed,construed and enforced in such jurisdiction to best give effect to the intent of the parties under this Agreement. 14. Entire Agreement. All Exhibits to this Agreement constitute a part of this Agreement. This Agreement, together with the accompanying Exhibits, constitutes the entire agreement among the parties and supersedes all prior memoranda, correspondence, conversations and negotiations. 15. Counterparts. This Agreement may be executed in counterparts, each part being considered an original document,all parts being but one document. MUTUAL CROSS-ACCESS EASEMENT-4 [Signatures on followingpages] MUTUAL CROSS-ACCESS EASEMENT-5 IN WITNESS WHEREOF,the undersigned have caused this Agreement to be executed the day and year first written above. GRANTOR: Idaho Family Holdings,LLC, an Idaho limited liability company, �_ Bye r �" (� \. Itsh� 7'� STATE OF IDAHO ) ss. COUNTY OF (IAc), ) This Mutual Cross-Access Easement Agreement was acknowledged before me on C3 6io-. 3- 2020 byS A - �c as of Idaho Family Hol ings,LLC, an Idaho limited liability compan . NOTARY PUBLIC FOR IDAHO lao RT Residing at OF IOAHO My Commission Expires T��1 �R 30453ES7-21-2022 MUTUAL CROSS-ACCESS EASEMENT-6 IN WITNESS WHEREOF,the undersigned have caused this Agreement to be executed the day and year first written above. GRANTEE: AccountSery CPB�S L an Idaho pro e ' al ited liability company By Its STATE OF IDAHO ) ss. COUNTY OF6,,A,,-, ) This Mutual Cross-Access Easement A reement was acknowledged before me on ---(7C ,2020 by -70 tnctAa,, 4'hb5, Sr °I' .Jana:Actn {;r 5 as N Qmb 0-Ir S of AccountSery CPAS, PLLC, an Idaho professional limited liability company. NOTARY PUBLIC FOR IDAH Residing at My Commission Expires L CARRIE HOMBURG COMMISSION R16477 NOTARY PUBLIC STATE OF IDAHO Residing at:Melba,ID Commission 13x0res:3/10/2021 MUTUAL CROSS-ACCESS EASEMENT-7 EXHIBIT A Grantor's Property Legal Description Grantor owns the following real property,located in Ada County,State of Idaho: Parcel C,1332 N.Meridian Road,Meridian,Idaho 83642,which is legally described as: PAR 40560 of Blocks 3 and 4,Amended Plat of F.A.Nourse's Third Addition,Parcel C of Record of Survey 8427#0350-5 90531-5#0550-5. MUTUAL CROSS-ACCESS EASEMENT-8 EXHIBIT B Grantee's Property Grantee owns the following real property,located in Ada County,State of Idaho: Parcel B,1402 N.Meridian Road,Meridian,Idaho 83642,which is legally described as: PAR#0532 at West Side,Blocks 3 and 4,Amended Plat of F.A.Nourse's Third Addition,Parcel B of Record of Survey 8427#0531-B 40550-B. MUTUAL CROSS-ACCESS EASEMENT-9 EXHIBIT C Easement Depiction and Legal Description (attached) MUTUAL CROSS-ACCESS EASEMENT-10 TEALEY'S LAND 12594 W.Explorer Drive,Suite 150 •Boise, Idaho 83713 SURVEYING (208)385-0636 Fax(208)385.0696 Project No.:3079 Date:October 27,2020 EXHIBIT "B" DESCRIPTION OF NORTH CROSS ACCESS EASEMENT FOR TOM BARBEY A parcel of land being a portion of Parcels B,&C of Record of Survey No.8427 as on file in the office of the Recorder for Ada County,Idaho,also being a portion of Blocks 3& 4 of Amended Plat of F.A. Nourse's Third Addition, a subdivision, as on file in Book 7 of .Plats at Page 299 in the Office of the Recorder for Ada County, Idaho, said parcel being situated in the NW 1/4 of Section 7, T.3N., RAE., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at the Southwest corner of said Block 4-of Amended Plat of F.A. Nourse's Third Addition,marked by an iron pin;thence along the West line of said Block 4 North 00°24'19"East 54.37 feet a point on a line that is parallel with and 75.63 feet South of the North line of said Parcel C;thence along said parallel line North 89°37'05" East 83.38 feet to a point on a line that is parallel with and 12.00 feet West of the West fine of said Parcel C, which point is the POINT OF BEGINNING; thence continuing North 89°37'05" East 24.00 feet to a point on a line that is parallel with and 12.00 feet East of said West line of Parcel C;thence along said parallel line South 00°24'19"West 121.34 feet to a point that is parallel with and 12.00 feet North of the South line of said Parcel C;thence along said parallel line South 89°37'05"West 24.00 feet to a point; thence along a line parallel with said West line of Parcel C North 00°2419"East 121.34 feet to the POINT OF BEGINNING. Said Parcel Contains 2,912 Square Feet,more or less. LANbl`S'G 347. AN9T�`OR tia��� 9Jh,JCK A '��,rt VP t 3079-Ease-Middle-Desc-dnm BXHIBIT "A" 1 5 CROSS ACCESS EASEMENT FOR TOM BARBEY 12 7 A PORTION OF BLOCKS 3 & 4, AMENDED F.A. NOURSE'S THIRD ADDITION, LYING IN THE NW 1/4, SECTION 7, T.3N., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO I I I I I 1422 N. I MERIDIAN 30, ! 40' ROAD N. Q p .; I I lY I i 1414 N, G i Zn h MERIDIAN I n� ROAD J o m PARCEL A i m' I LU l _ R.O.S. 8427qq I = ------------------=-- N 89'37'05'E SCALE IN FEET ; IX 1 0 B i 24.00' ,,i.00K I"= 40' I p ..A. plOUIMEE'S Z N 89'37'05' E 83.38' iHIR.) .ADDITION ------------------ ! i CROSS ACCESS 1402 N. EASEMENT AREA = 2,912 -----------' ° �+ m MERIDIAN S.F. MORE OR LESS ROAD ul o N I o m m m , N N WEST MAPLE AVE. N89'37'05'E - W__ �----- SC 8427---------- —- - --------------- ----------- - 40.00' iN Q a, 1332 N. o w ; NW CORNER BLOCK 3 Q MERIDIAN m 3 AMENDED F.A. ROAD o I NOURSE'S 3RD ADDITION o 0 -----------; N PARCEL B Z 12, 12 D R.O.S. 8427 i o I o F.A. N0lJR!:E:'S ' Z o Te:!Eii) A,fiGlTltif'I VI , I LANds m N 89'37'05" E 83.38' ------------------ 0 34 Q I_ S 89'37'05' W N R. N O .`O w a y -------------- ----_—_—_ —J OF �ICIC A. ti 1324 N. MERIDIAN ROAD I 30' 40' i I 12 7 TEALEY'S LAND SURVEYING 12594 W.EXPLORER DRIVE,SUITE 150.BOISE.ID 83713 3079-Eese-Eeh-Middle.dw9 10-27-20 10:02:56 dmarks 208-385-0636