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Z - Declaration of Cross Access (Executed) ADA COUNTY RECORDER Phil McGrane 2022-077610 BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 09/07/2022 12:42 PM CITY OF MERIDIAN, IDAHO NO FEE RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: City Of Meridian City Clerk 33 E. Broadway Ave Meridian, Idaho 83642 DECLARATIONT This Declaration of Cross-Access Easement(this" I ration")is made effective this 15 day oftt1y 022 by East River Valley Street, LLC,an Idaho limited liability company,whose address is 2832 State Street, Carlsbad, CA 92008("East River Valley"). A. East River Valley is the owner of that certain property commonly known as 2590 N. Eagle Road in Meridian, Idaho, legally described on Exhibit A and depicted on Exhibit B (the"Property"). East River Valley made application to the City of Meridian('City')for a Development Agreement Modification (City File No. H-20 000 ),which application was approved by City on April 26, 02 (the"Modification"). The Modification requires East River Valley to develop the Property generally consistent with the conceptual development plan depicted on Exhibit B. C. As provided further in the Modification,and as depicted on Exhibit 13,the drive aisle on the east side of the Property, legally described as Exhibit C(the"Drive Aisle Easement")shall terminate at the south boundary of the Property as an emergency vehicle access to the presently vacant property south of the Props (the"South Property"),which access shall be restricted by a gate that will allow only emergency vehicle access so long as the South Property is not developed with commercial land use(s)(that is,commercial land use(s)other than multifamily residential use). D. As provided further in the Modification, if the owner of the South Props (the"South Propertyer")develops the South Property with commercial land use(s)the emergency access shall terminate and a recordable cross-access continuing south from the give Aisle Easement on, over, across and through a portion of the South Props (the exact location of which is to be determined)shall be provided by and between East River Valley and the South Property Owner(the"Southerly Easement"). E. As provided further in the Modification, if access is established leading north from the Drive Aisle Easement across the South Slough and to N. Eagle Road/State Highway 55("Eagle Road"), as conceptually depicted on Exhibit D, a recordable cross-access continuing north from the Drive Aisle Easement on, over,across and through a portion(the exact location of which is to be determined)of the presently vacant property north of the Property(the"North Property")shall be provided by and between East River Valley and the owner of the North Property(the"North roOwner") (the"Northerly Easement"). NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, East River Valley agrees as follows: . Grant of Access Easement. Subject to the limitations and conditions set forth herein, East River Valley hereby declares and grants for the benefit of the South Property and/or the North Property, a non- exclusive perpetual cross-access easement over,on,across and through the give Aisle Easement for ingress and egress to travel between the Property and the South Property and/or the Borth Property. 2. Cross-Access Easement Between Dive Aisle and South Property. In the event the South Property Owner develops the South Property with commercial landuse(s), East River Valley shall work with the South Property Owner to locate the Southerly Easement and record an amended cross-access DECLARATION F FUTURE CROSS-ACCESS T- easement on,over,across and through a portion of the South Property(the exact location of which is to be determined)and the Drive Aisle Easement,which cross-access easement shall be subject to the review and reasonable approval of City. The purpose of such cross-access shall be for ingress and egress for vehicular and pedestrian travel by East River Valley and the South Property Owner and their respective representatives, tenants,employees,customers, invitees,and agents. No parking of any vehicles shall be permitted on the Drive Aisle Easement and the Southerly Easement(the exact location of which is to be determined)on the South Property. 3. Cross-Access Easement Between Drive Aisle Easement and North Property. In the event the North Property Owner develops the North Property to establish vehicular access leading north from the Drive Aisle Easement across the South Slough and to Eagle Road, East River Valley shall work with the North Property Owner to locate the Northerly Easement(the exact location of which is to be determined)and the Drive Aisle Easement,which cross-access easement shall be subject to the review and reasonable approval of City. The purpose of such cross-access shall be for ingress and egress for vehicular and pedestrian travel by East River Valley and the North Property Owner and their respective representatives,tenants, employees, customers,invitees, and agents. No parking of any vehicles shall be permitted on the Drive Aisle Easement and the Northerly Easement(the location of which is to be determined)on the North Property. 4. Condition Precedent to Grant of Easement to the North Property and/or the South Property. This Declaration is expressly conditioned upon the North Property Owner's grant of a recorded reciprocal cross-access easement substantially equivalent to the provisions hereof for the benefit of the Property, which interfaces the common property line between the Drive Aisle Easement and the North Property at the same location as the current or amended Drive Aisle Easement as evidenced by a document recorded against the North Property in the real property records of Ada County, Idaho. Similarly, but only if the South Property Owner develops the South Property with commercial land use(s),this Declaration is expressly conditioned upon the South Property Owner's grant of a recorded reciprocal cross-access easement substantially equivalent to the provisions hereof for the benefit of the Property,which interfaces the common property line between the Drive Aisle Easement and the South Property at the same location as the current or amended Drive Aisle Easement as evidenced by a document recorded against the South Property in the real property records of Ada County, Idaho. 5. Improvements and Maintenance. East River Valley agrees to improve, maintain, and keep unobstructed a paved driveway within the Drive Aisle Easement in a smooth and evenly covered condition in accordance with applicable City of Meridian standards. 6. Binding on Successors, Recordation. This Declaration shall be binding on East River Valley and East River Valley's heirs, successors, administrators, executors and assigns and shall run with the land and shall be recorded in the real property records of Ada County, Idaho. 7. Easement Obstructions. Except for the gate restricting access to and from the South Property for emergency vehicle access,as provided further herein, no fence, landscaping, or other barrier shall be erected or permitted within or across the Drive Aisle Easement which would prevent or obstruct the passage of pedestrian or vehicular travel. 8. Enforcement. East River Valley shall have the right to enforce, by any proceedings at law or in equity, all provisions of this Declaration of Cross-Access Easement. 9. Incorporation of Recitals and Exhibits. The recitals to this Declaration of Cross-Access Easement and the exhibits attached hereto are incorporated herein by reference. 10. No Public Dedication. No use hereunder shall be deemed to constitute the Drive Aisle Easement as a public way or a quasi-public way, but to the contrary the Drive Aisle Easement shall constitute and remain a private way and drive. DECLARATION OF FUTURE CROSS-ACCESS EASEMENT-2 IN WITNESS WHEREOF,the undersigned has caused this Declaration of Cross-Access Easement to be executed the day and year first written above. East River Valley Street, LLC, an Idaho limited liability company Per es, Member State of County of A>�r" This record was acknowledged before me on a-t i $ 2022 by Perry Coles, as Member of East River Valley Street, LLC. gna�no ary public 6RiANNADENSLBY (Stamp) Not1cry Public-State of rdaho commission Number 20222 My commission expires: AEQ rr zszY' My Commission �xpdrps Feb 1e, 2o2s DECLARATION OF FUTURE CROSS-ACCESS EASEMENT-3 EXHIBIT A (East River Valley Property Legal Description) A portion of the SoutlwmM gtrWw of the Northwest quarter of Section 4,Towns*3 North,Range i East, Bolan Meriden,more patictderty described as follows: Commencing at the Nottftwest comer of the Southwest quarter of the Northwest quarter of Section 4, Township 3 North,Range 1 Ent,Solse Meridian,Ads County,Idaho;thence South along the West fine of said Section 4,a distance of 433.62 feet to the Read Point of Beginning;thence South 53'40'East 231.00 feet to a point;thence North 831S0'East 114.57 fast to a point;thence South 218.06 teat to a point;thence West 300A0 f"i to a pant on the West line of said Section 4;thence North 342.64 feet to the Point of Beginning. Excepting a 25 foot strip on the West side for highway righter-way. Also Excepting a parcel of land being on the Easterly side of the centerline of State Highway No.55(Eagle Rowl�Project No.NH-F-3271(037)Highway Survey,as shown on the plans thereof now on filr in the office of the Idaho Transportation Department.and being a potion of the Southwest quarter of the northwest quarter of Section 4,Towns*3 North,Range 1 East,Boise Meridian,described as follows to-wh; Commencing tit the Northwest corner of the Southwest quarter of the Northwest quarter of Section 4, Township 3 Nortft,Range 1 East,Boise Meridian that beers North 89'2T47'West 0.34 fee!from Station 165+31.73 of uM State Highway No.55(Eagle Road),pr *i NH-F-3271(037)Highway Survey;thence South 0036'13"West(shown of record to be South)along the West line of said Southwest quarter of the Northwest gtair6er a distance of 765.43 feet(shown of record to be 776.26 feet)to the Southwest comer of the tract of land as desalbod in that certain Wwranty Deed dated Jw uary 24,1975,recorded Jonuary 24, 1975,as Instrument No.9120K records of Ada County,Idaho,sand comer being a point in the centerline of said State Highway No.55,that is coincident wilt►Station 147+66.31 of acid Highway Survey and being the Real Place of Beginning:thence South 89'2347"East(shown of record to be East)along the South fine of said tract of land 70.0 feet to a point In a lire parallel with and 70.0 feat Easterly from the centerline and Mara South 89923'47"East from Station 147+60.31 of said Highway Survey;thence North 0'3V13'East along said parallel lino a distance of 291.05 feet to a point in the Northerly line of said tract of land and being opposite Station 150+57.35 of aeW Highway Sunray;ther" North 53"03'47"West(shown of record to be North 5394(r West)along said Northerly line 86.89 feet to the Northwest comer of said tract of land,said corner being a point hi the West lme of said Southwest quarter of the Northwest quarter,said West line being coincident with the centerline of said State Highway No.55,and said point being coincident with Station 151+08.84 of said Highway Survey;thence South 0'36'13"West along said West One being coincident with sald centerline 342,53 feet to the Real Place of Beginning- EXHIBIT A EXHIBIT (Depiction of East River Va Il y Property) _ _m , �\ , F�2-= r - , ƒ A A=«� � � � � � �_ �. �% � • , »./ � » . ��, � ] - a t � KKSUMS CONCEPTUAL SITE PLAN . KAU-, u-W y�2 EXHIBIT B EXHIBIT C (Legal Description of Drive Aisle Easement) A Portion of the southwest quarter of the northwest quarter of section 4,township 3 North. Range I East.Boise hieddian.more particular) described as Mows, Commencing at the northwest comer of said Section 4 thence on the west line of said Section 4 S00036'00-W a distance of 2.067.45 feet;thence at right angles S89°2.4'00`E a distance of 70.00 feet to the northwest comer of Parcel A as shown on Record of Survey No. 12580_Ada County Records; Thence on the north line of said Parcel A 5891123-52"E a distance of 182.36 feet to the True Point of Beginning:thence Nr}0°00'00'E a distance of 212.69 feet to a paint on the south line of Parcel 6 as shown on Record of Survey No. 12423,, Ada County Records: thence on the south line of said Parcel B N84026'08*E a distance of 25,12 feet: thence SOMO'00"E a distance of 215.39 feet to a point on the north tine of said Parcel A; thence on said north line N89023'52"W a distance of 25 00 feet to the Point of Beginning Containing 5.351 Square Feet more or less 2.7 14 � r EXHIBIT C COPPER CANARY SE f ` r E LEGAL DESCRIPTION EXHIBIT PaWToF P RTONCF l' E8Wt*CF71' W%CF8MTtW 'My. CC3MME4iCEAlFJ7t �T3N.f�.E,6019Eu tt a+ Kv�C�otrnY,{ AvtoCAU SHXText LEGAL DESCRIPTION EXHIBIT i *'21 fuU_ Z + � I � ACCESS EASEMENT LN.2021156M � I 1 i 1 i P04197 OF BEGMING Cl0FNMV1�S7 Qt�lER . . SEf n0N4 ► CKIzRMAN T.3N„RlF— ESTVOLD r�6r ka�i ifrnraoa tarn.&>!ya? OEan c+n.10 83ru 2014t536rta.+nv+rttkemwtitaeankl.ti<$+I EXHIBIT C EXHIBIT D (Concept Plan-Access Across the Property and the North Property) II J I L9r L 8 I 0.84 PC.t a 48,195 SF k +I 1- 111 AE# � '� -- ar arwv"avars ❑ I. r Ll.! I I NOO'OO'00'E 44.75'-� I I _ S89'22'03"E 236, Q ' I 25.00, LU N40'00'00T 243,64' 30.00' CROSS ACCESS EkSEMEIG 0 j I I=T w.00' cm or wMDM SEWER AND WATER Id 8 3 I ji BLOCK 1 r J!I i 62,6OT 2 SF q _ ) I 1.44 ACA 589'22'03"E 23 30.00'CROSS ACCE55 EASEI l I '$ r.' 1 — ** -ti q �I -FM"iR u{7C'>iL * I I BLOC K i 47,6013F kbT M Mir to -W, '- '+4�� NR4'xd'44•� 7f,4'�I' � Inspection Areas .I �articn of Property # LOT 24 BLOCK 49 LOCHSA FALLS SUB.NO. 12 BOOK 92 PAGE 10958-10960 4 EXHIBIT D