PZ - Cross-access easement ADA COUNTY RECORDER Christopher D.Rich 2016-003980
BOISE IDAHO Pgs=13 VICTORIA BAILEY 01/15/2016 02:48 PM
FIRST AMERICAN TITLE AND ESCROW COMPANY $46.00
When Recorded Return to:
Bart L.Bryson
6324 W.Cassia Street
Boise,Idaho 83709 -
/)'T(o Lf q 9 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY
�1 �J CROSS ACCESS EASEMENT AGREEMENT
THIS CROSS ACCESS EASEMENT AGREEMENT(this "Easement") is made effective as of
November 5, 2015, by and between 2830 Eagle Road LLC, an Idaho limited liability company ("2830
Eagle"), James A. Kissler LLC, an Idaho limited liability company ("Kissler") and Bart L. Bryson, an
unmarried man("Bryson").
RECITALS
A. 2830 Eagle owns that certain parcel of real property commonly known as 2830 N. Eagle
Road,Meridian,Idaho 83646 and legally described as follows(the"Parcel 1"):
Lot 1 of Block 1 of Southeast Corner Marketplace Subdivision No. 1,
according to the official plat thereof recorded in the real property records
of Ada County,Idaho in Book 101 of Plats on Pages 13253 to 13255.
B. Kissler owns that certain parcel of real property commonly known as 2882 N. Eagle
Road,Meridian,Idaho 83646 and legally described as follows(the"Parcel 2"):
Lot 2 of Block 1 of Southeast Corner Marketplace Subdivision No. 1,
according to the official plat thereof recorded in the real property records
of Ada County,Idaho in Book 101 of Plats on Pages 13253 to 13255.
C. Bryson owns that certain parcel of real property adjacent to and south of Parcel 1 and
Parcel 2 that is legally described on Exhibit A, attached hereto (the "Parcel 3"). Parcel 1, Parcel 2 and
Parcel 3 are sometimes individually referred to herein as a"Parcel'and collectively as the"Parcels."
D. Each of the Parcels take access to Eagle Road through the existing access point located
on Parcel 1 (the"Eagle Road Access").
E. The parties desire to grant cross access on the area of each Parcel reasonably necessary to
provide ingress and egress for each Parcel to and from the Eagle Road Access.
AGREEMENT
NOW, THEREFORE, in consideration of the recitals above and other good and valuable
consideration, the receipt and sufficiency thereof is hereby acknowledged, the parties hereby agree as
follows:
CROSS ACCESS EASEMENT AGREEMENT PAGE 1 OF 9
3257315-1[12094.151
Page 1 of 13
05/09/2022 3:48 PM
1. GRANT OF EASEMENTS.
a. 2830 Eagle hereby grants to Kissler and Bryson, for the benefit of Parcel 2 and
Parcel 3 respectively, a nonexclusive easement for vehicular and pedestrian ingress and egress,
but not parking,over and across the Easement Area located on Parcel 1.
b. Kissler hereby grants to 2830 Eagle and Bryson, for the benefit of Parcel 1 and
Parcel 3 respectively, a nonexclusive easement for vehicular and pedestrian ingress and egress,
but not parking,over and across the Easement Area located on Parcel 2.
C. Bryson hereby grants to 2830 Eagle and Kissler, for the benefit of Parcel 1 and
Parcel 2, a nonexclusive easement for vehicular and pedestrian ingress and egress, but not
parking, over and across the Easement Area located on Parcel 3.
The"Easement Area"for each of the foregoing easements shall be of sufficient size and location
to provide ingress and egress between the Eagle Road Access and such Parcels as necessary or convenient
to permit the development of each Parcel into a commercial and/or multifamily development. If buildings
are developed on a Parcel,the placement of such buildings shall not be deemed to be within the Easement
Area so long as such buildings do not unreasonably obstruct access to or from the Parcels and Eagle
Road.
2. CONSTRUCTION OF IMPROVEMENTS. Any owner of a Parcel may elect to
construct roadways, gutters, storm drainage facilities, sidewalks and other improvements (collectively,
"Improvements") upon the Easement Area so long as such Improvements do not materially and
unreasonably restrict access to, use of or development of the other Parcels. The owner of each Parcel
shall,prior to constructing Improvements in the Easement Area on such owner's Parcel, submit plans and
specifications for such Improvements to the owners of the other Parcels for approval, which approval
shall not be unreasonably denied, delayed or conditioned. Failure of the non-constructing party to object
to anything contained in the submission within thirty (30) days of its receipt shall be deemed the non-
constructing party's approval of the submission. The constructing party shall promptly pay for all
construction which takes place upon and within the Easement Area, shall not permit any mechanics liens
to be filed upon the non-constructing party's parcel, and shall indemnify, defend and hold harmless the
nonconstructing party from all claims for payment or otherwise relating to or arising out of such
construction, except for any such claims which arise due to the nonconstructing parties' gross negligence
or willful act.
3. RELOCATION OF IMPROVEMENTS. The owner of a Parcel may elect to relocate
Improvements within the Easement Area on its Parcel at its expense upon thirty(30) days written notice
to the owner of the other Parcels.This relocation right shall be conditioned upon the Improvements in the
relocated Easement Area being in all respects equal to or better than those being replaced and providing
substantially the same level of ingress,egress and access to and from the other Parcels to Eagle Road.
4. MAINTENANCE. The owner of each Parcel shall, at such owner's sole cost and
expense,maintain,restripe,repair and resurface the paved surfaces on the Easement Area of such owner's
Parcel in a level,smooth and evenly covered condition.
5. GENERAL.
a. Covenants Run with the Land.The easements on each Parcel created hereby shall
be a burden on such Parcel, shall be appurtenant to and for the benefit of the other Parcels and
each owner thereof,and shall run with the land.
CROSS ACCESS EASEMENT AGREEMENT PAGE 2 OF 9
3257315-1[12094-151
Page 2 of 13
05/09/2022 3:48 PM
b. Successors. This easements on each Parcel shall inure to the benefit and be
binding upon each and every owner of the Parcels,their respective successors, assigns, heirs and
personal representatives,and upon any person or entity acquiring a Parcel, or any portion thereof,
or any interest therein,whether by operation of law or otherwise.
C. Attorneys' Fees. In the event any party initiates or defends any suit, action or
other proceeding to enforce or interpret the terms of this Agreement, the prevailing party in such
suit,action or other proceeding shall be entitled to recover its reasonable attorneys' fees and costs
(including reasonable attorneys' fees and costs on any appeal).
d. Entire Agreement. This Easement contains the entire agreement between the
parties hereto and supersedes all prior agreements,negotiations or understandings,written or oral,
with respect to the subject matter hereof.
C. Choice of Law.This Easement shall be governed by and construed in accordance
with the law of the State of Idaho.
f. Counterparts. This Agreement, and any other agreement, instrument, certificate
of other documents related hereto may be executed in one or more counterparts, each of which
will be deemed to be an original copy of this Agreement and all of which, when taken together,
will be deemed to constitute one and the same agreement.
g. Further Assurances. The owner of each Parcel shall, without further
consideration,promptly execute and deliver such instruments, consents or other documents as the
other owners may reasonably request to implement, document or memorialize the easements
granted under this Agreement.
[end of text; signature page follows]
CROSS ACCESS EASEMENT AGREEMENT PAGE 3 OF 9
3257315-1[12094-151
Page 3 of 13
05/09/2022 3:48 PM
DATED effective as of the first date set forth above.
"2830 Eagle" 2830 Eagle Road LLC,
an Idaho limited liability company
By: 2830 Eagle Manager LLC, an Idaho limited
liability company,its Manager
By: Alpine Investment Group LLC,an Idaho
limited liability company, its Manager
By:
ael E.Page,Manager
"Kissler" JAMES A.KISSLER LLC,
an Idaho limited liability company
By:
James A. issler,Me nber
"Bryson"
Bart .Bryson
CROSS ACCESS EASEMENT AGREEMENT PAGE 4 OF 9
3584899-1[12094-15]
Page 4 of 13
05/09/2022 3:48 PM
DATED effective as of the first date set forth above.
"2830 Eagle" 2830 Eagle Road LLC,
an Idaho limited liability company
By: 2830 Eagle Manager LLC, an Idaho limited
liability company,its Manager
By: Alpine Investment Group LLC, an Idaho
limited liability company,its Manager
By:
Michael E.Page,Manager
"Kissler" JAMES A.KISSLER LLC,
an Idaho limited liability company
By:
K j
James .Kissler,Member
"Bryson"
Bart L.Bryson
CROSS ACCESS EASEMENT AGREEMENT PAGE 4 OF 9
3257315-1[12094-151
Page 5 of 13
05/09/2022 3:48 PM
DATED effective as of the first date set forth above.
"2830 Eagle" 2830 Eagle Road LLC,
an Idaho limited liability company
By: 2830 Eagle Manager LLC, an Idaho limited
liability company, its Manager
By: Alpine Investment Group LLC,an Idaho
limited liability company, its Manager
By:
Michael E.Page,Manager
"Kissler" JAMES A.KISSLER LLC,
an Idaho limited liability company
By:
James A.Kissler,Member
1
"Bryson"
Bart L.Bryson
1� -71 V-
CROSS ACCESS EASEMENT AGREEMENT PAGE 4 OF 9
3584899-1(12094-151
Page 6 of 13
05/09/2022 3:48 PM
STATE OF IDAHO )
)ss.
County of Blaine )
On this Ly day of January, 2016, before me, a Notary Public in and for the State of Idaho,
personally appeared Michael E.Page,known or identified to me to be the Manager of Alpine Investment
Group LLC, an Idaho limited liability company who is the Manager of 2830 Eagle Manager LLC, an
Idaho limited liability company who is the Manager of 2830 Eagle Road LLC,an Idaho limited liability
company, which company executed the instrument or the person who executed that instrument on behalf
of said company,and acknowledged to me that said company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
nnnnnn�nnnnr^,
MONICA A. HANSON Nota y Public for daho
STATE OF IDAHO Residing at: f
My commission expires: _
NOTARY—•—PUBLIC
VVVVVVVVVVIVVV
STAT IDAHO )
ss.
County of Ada )
On this day November, 2015 before me, a Notary Public in and for the State of Idaho,
personally appeared James A. issler known or identified to me to be a Member of James A. Kissler
LLC, an Idaho limited liability col any,the person who subscribed said limited liability company name
to the foregoing instrument, and ackn ledged to me that he executed the same in said limited liability
company name.
IN WITNESS WHEREOF, I have hereon et my hand and affixed my official seal the day and
year first above written.
Notary Public for Idaho
Residing at:
My commission expires:
CROSS ACCESS EASEMENT AGREEMENT PAGE 5 OF 9
3594899-1(12094-151
Page 7 of 13
05/09/2022 3:48 PM
STAT F IDAHO )
)ss.
County of Blain )
On this da of November 2015, before me, a Notary Public in and for the State of Idaho,
personally appeared Mich a E. Page, known or identified to me to be the Manager of Alpine
Investment Group LLC, an ho limited liability company who is the Manager of 2830 Eagle
Manager LLC, an Idaho limited lia 'lity company who is the Manager of 2830 Eagle Road LLC,.an
Idaho limited liability company,which c any executed the instrument or the person who executed that
instrument on behalf of said company,and a owledged to me that said company executed the same.
IN WITNESS WHEREOF, I have hereunto t my hand and affixed my official seal the day and
year first above written.
Notary Public for Idaho
Residing at:
My commission expires:
STATE OF IDAHO )
ss.
County of Ada )
On this 26 day of November, 2015 before me, a Notary Public in and for the State of Idaho,
personally appeared James A. Kissler known or identified to me to be a Member of James A. Kissler
LLC,an Idaho limited liability company, the person who subscribed said limited liability company name
to the foregoing instrument, and acknowledged to me that he executed the same in said limited liability
company name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
KINDEL JO DE LEON Notary Public Notary Public for Idaho
State of Idaho Residing at: IA�a h a
My commission expires:
CROSS ACCESS EASEMENT AGREEMENT PAGE 5 OF 9
3257315-1[12094-151
Page 8 of 13
05/09/2022 3:48 PM
STATE OF IDAHO )
)ss.
County of Ada )
On this SOL day of November 2015, before me, a Notary Public in and for the State of Idaho,
personally appeared Bart L. Bryson, known or identified to me to be the person whose name is
subscribed to the within 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.
obrddbb'�'
KARA L. FULCHER bKtJryhublic for Idaho
Residing at: M /-A
NOTARY PUBLIC My commission expires: 5-1) - 2 0�
STATE OF IDAHO
CROSS ACCESS EASEMENT AGREEMENT PAGE 6 OF 9
3584899-1[12094-151
Page 9 of 13
05/09/2022 3:48 PM
EXHIBIT A
LEGAL DESCRIPTION OF PARCEL 3
Parcel I:
That(portion of the Southwest.Quarter of the Northwest Quarter of Section 4,
Township,3 North,Rainge l l (East,, Boise Meridian,,Ada County,Idaho as follows:
Commencing at a(point-on the Section line 1.50 chains.South of the Northwest corner
of
said Southwest.Quarter,of the Northwest Quarter; thee.
South on said Section,(line 5.07 chains to a point an the center of the South Slough;
thence,
Southeasterly along the meandleringis of the center line of said Slough as follows:
South,53040'East 3.SD chains,;thence
North.83 6SO'East 2.100 chains;thence
South 66OSS'East 4.00 chains,;thence
South 3SO251 East 3.4.5 chains;thence
South 7,11055'East 2.00 chains;thence
South 861*10'East 2.65 chains;thence
South 41020'East 5.S5 chains;thence
South 73035'East 1.49 chains to a point on the East line of'sald',Southwest Quarter or
the Northwest.Quarter of said Section 4;thence
North 19.20 chains Ito the Northeast carnet of the.said Southwest.Quarter of the
Northwest Quarter of said Section 4;thence
lltlrest to a point 11.666 chains East of the Northwest corn,er of said Section 4;thence:
South 1.S0 chains to a,point;thence
'wrest 1.1,666 c'harins to the PLACE OF BEGINNING.,
EXCEPTING THEREFROM the following,described Property:
Beginning)at the Northwest eorrner of said Section 4;'thence
South 1,S17.98 feet along tine Section fine to ai point Which,is 1093,55 feet North of
the
west Quartet corner of'saidl.Section 4 and 11s also the:REAL POINT OF
BEGINNING;thence
East 185.00 feet to an iron pin;thence
South 90.00 feet to,an iron pin;thence.
West 185.00 feet to a(point-on the Section line,thence
North,90-00 feet along the.Section)line t o the REAM.(POINT OF BEGINNING.
ALSO LESS AND(EXCEPTING that portion deeded to State of Idaho,Idaho
Transportation Department lin Wairiranty IDeed recorded (Match 16,1998,as
Instrument No.9802 ,739,Records of Ada County,Idaho.
ALSO LESS AND EXCEPTING that portion deeded,to Ada,County Highway IDistrict in
Warranty(peed recorded i`farch 19,2014,,as Instrument No. 114020090, Records of
Ada Courntyr Idaho.
ALSO LESS AND EXCEPTING,
A parcel of land located',in the Southwest!Quarter of the Northwest Quarter of Section
4,Township 3 North,,Range 1 IEast,Boise Meridian,City of(Meridian,Ada County,
Idaho twang more(particularly described as follows:
Commencing at the Soutiswwwiiest corner of the said Southwest Quarter of the Northwest
Quarter of Section 4,from which a brass carp monument marking the Northwest
CROSS ACCESS EASEMENT AGREEMENT PAGE 7 OF 9
3257315-1[12094-153
Page 10 of 13
05/09/2022 3:48 PM
corner of said Section 4 bears
Worth 00636'00" Easy, 2611.39 feet'.'thence along'the motherly boundary of the said
So rthw e-st Quarter-of the Northwest Quarter of Section 4
South 8984W23" East,1244.41 feet to the Southwest corner of that certain parcel of
land deeded to Ada County Highway Dist'rrict by Warranty Deed recorded on February
7, 20I 2 as Instrument No.1120115t13,Records of Ada County,Idaho,thenee along
the Westerly boundaryr of said Warranty Deed Instru m+ent.No.1:I2011503 an,are
distance of 31.26 feet said.curve haring)a radius of 20.00 feet,,a central angle of
8904.5r23"'and a chard lfsearirrg and distance of North 45¢27'387(East, 28.IS feet;
thence continuing a'lcmq said'Westerly boundary
North 0a40'39"East,111.06 feet to the Nlorthr+west corner of said Warranty'Meet[
Inst rument No. 112011503, also being a point that falls in tine Seth Stough,and the
REAL PO"Fr OF BEGINNING, thence arl the said South Slo ug'h the following five
M courses and distances:
Thence North 72058'52"West,32.57 feet,
Thence North 40'043',52",li lest 364.98 feel;
)Thence North.SW13X52"West, 174.90,feed'
Thence North 7101W52"Weslr,, 132.017 feed
Thenice North 34048"52"West,%70.60,fee4,
'-'- - leavings said South;Slough
South 88022"W Easy.680.75 feet to the intersection with the')Masterly boundary of
that certain parcel of land deeded to Ads County INighway Distinct by Warranty Deed
recorded on(march 19,2014as Instrument No.114020090,Records of Ads,County,
Idaho;thence alo said'Westerly boundary line
South,00040'39"'tIW'est, 477.34 fleet to the Int en With the Northerly boundary of
said Warranty IiDeed Instrument No.112011503,'therm,-along said Northerly
boundary line
North 7210'58'SY West,'8.38 feet to,Me REAL POINT Of BEGINNiING.
Parcel:F
That portion of the Southwest Quarter of Me Northwest Quarter of Section 4,
Townns'hip 3 North,Range 1 East, Boise Meridlarn,Ada Coarrnty,Mahe,more:
IRatcularlyr described as:follows
Beginning at the Northwest comer of said Section 4;thence
South 1,S17.98 feet along the Section line to a 'poirnt which is 1093.55 feet Worth of
the
West Quarter corner of said'Section 4 and is also the REAL POINT OF
BEG,ENNING!ttnen®e
East 18S.00 feet to atn iron ldn�thence
South 90A0 feet to an iron Cairn;thence
West 185410 feet to,a,1pol nt-on the;Section line;thence
lw+tr h 90A0 feiet along tM Section line to,We REAL POINT Of BEGINMNG.
LESS AND,EXCEPTING that ipowtion deeded to State.of Idaho,,,Idaho Transportations
Oepafrtn"—t in Warranty Deed'recorded April 10, 1995,as I1ns'trurrDmt No.9.5023729,
itecords of Ads!County, Idaho.
CROSS ACCESS EASEMENT AGREEMENT PAGE 8 OF 9
3257315-1 r12094-151
Page 11 of 13
05/09/2022 3:48 PM
Parcel III:
July 29,2015
Gap Boundary Legal
A parcel of land located in the SW1/4 of the NW1/4 of Section 4,T. 3 N., R. 1 E., B.M., City of
Meridian,Ada County, Idaho,and as shown on ROS 9983,Ada County Records, more
particularly described as follows;
COMMENCING at a found brass cap marking the northwest corner of Section 4;
Thence South 0136'00"West, coincident with the west line of the NW1/4 of said Section 4, a
distance of 1390.17 feet;
Thence South 89050'46" East, 70.00 feet to the east right of way of N. Eagle Road and the
POINT OF BEGINNING;
Thence North 0136'00" East, coincident with said east right of way of N. Eagle Road, 5.06 feet;
Thence South 89051'36" East, 700.15 feet;
Thence South 0036'00"West, parallel with said west line of the NW1/4 of Section 4, a distance
of 5.23 feet;
Thence North 89050'46"West, 700.15 feet to the POINT OF BEGINNING.
The above described parcel contains 0.08 acres more or less.
\0Np,L LA
E N S G9G
Carl Porter PLS Date
End Description
1 �4
P
CROSS ACCESS EASEMENT AGREEMENT PAGE 9 OF 9
32573 15-1[12094-151
Page 12 of 13
05/09/2022 3:48 PM
LENDER CONSENT
2830 Eagle Road LLC, as Borrower, granted to Public Employee Retirement System of
Idaho ("Lender"), as Beneficiary, that certain Deed of Trust dated as of November 1, 2015 and
recorded November 2, 2015 as Instrument No. 2015-100995, records of Ada County, Idaho,
together with any other loan documents or agreements executed in connection with or evidencing
the loan ("Deed of Trust"). The Deed of Trust encumbers all or a portion of Parcel 1. Lender
hereby acknowledges and agrees that no foreclosure, assignment or conveyance in lieu of
foreclosure or any sale or action under the Deed of Trust shall extinguish, disturb or impair the
easements, covenants, conditions and/or restrictions set forth in this Easement. This consent
shall be binding upon any successor-in-interest to the Lender automatically and immediately
upon such successor succeeding to the interest of the Lender.
IN WITNESS WHEREOF, the undersigned has caused this Consent to be duly executed
this i'D day of January,2016.
PUBLIC EMPLOYEE RETIREMENT
SYSTEM OF IDAHO
By: D.B.FITZPATRICK& CO.,INC.,
Its Portfolio Manager
By
Casey omb,
Commercial Mortgage Portfolio Manager
STATE OF IDAHO )
ss.
County of Ada )
04
On this �� day of January,2016,before me,a Notary Public,personally appeared CASEY MACOMB,
known or identified to me (or proved to me on the oath of ) to be the commercial
mortgage portfolio manager of D.B.FITZPATRICK&CO.,INC.,an Idaho corporation,the Portfolio Manager of
the Public Employee Retirement System of Idaho that executed the foregoing instrument,and acknowledged to me
that he executed the instrument on behalf of the corporation,and that the corporation executed the same as Portfolio
Manager of the Public Employee Retirement System of Idaho.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in
this certificate first above written. • �.•.u.•,,,�
.� )�- , •,
IWOTA OTARY IC FOR I AHO
Residing at
My Commission Expires { 91
+'•+,�F OF 1�A•••
+nmuN
LENDER CONSENT-1
LENDER CONSENT(PERSI- 2830 Eagle)
4832-389]-4860.v2
Page 13 of 13
05/09/2022 3:48 PM