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Majestic Multi-Tenant (Subway)G~- ~i 1.~ CERTIFICATE OF ZONING COMPLLANCE REPORT DATE: January 31, 2012 E IDIAN~--- TO: Jacobson Majestic, LLC I D A H O FROM: Sonya Watters, Associate City Planner SUBJECT: Majestic Multi-Tenant Shell & Core and Restaurant (Subway) CZC-12-004; DES-12-005 OWNER: Jacobson Majestic, LLC 'DESCRIPTION OF APPLICANT'S REQUEST The applicant, Jacobson Majestic, LLC, requests Certificate of Zoning Compliance (CZC) and Design Review (DES) approval of a 5,340 square foot multi-tenant shell and core building. A 1,745 square foot restaurant (Subway) is proposed in the tenant space at the south end of the building; there are no tenants at this time for the remainder of the building. The proposed restaurant is a principal permitted use in the C-G zoning district, per UDC Table 11-2B-2. The site is located at 1530 S. Millennium Way. DECISION The applicant's request for CZC & DES is approved for the shell & core and the proposed Subway restaurant with the conditions listed in this report. Future tenants will be required to submit a Certificate of Zoning Compliance Verification application to the Planning Department for approval of uses. Note: This is not a building permit Please contact Building Services at (208) 887-2211 to verify if you need a building permit and/ror inspection. If you do need a building permit, you must complete that process before you commence the use or construction. As part of the application submittal, you will need to provide two sets of the final, stamped "approved" Planning Department plans. You must provide these plans in PDF format and hardcopy as specified in the Building Services "Plan Intake Checklist" and include them with your building submittal set Please contact Building Services for additional details about building permits and inspections. Site Specific Conditions of Approval 1. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. 2. All ground-level mechanical equipment shall be screened to the height of the unit as viewed from the property line. All rooftop mechanical equipment shall be screened as viewed from the farthest edge of the adjoining right of way as set forth in UDC 11-3A-19A.1.e. 3. Future tenants within the proposed shell & core are required to submit a Certificate of Zoning Verification application for approval of the use. The Subway restaurant is approved with this CZC/DES and does not require further approval. Process Conditions of Approval 1. No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. Conditions Document 1 Majestic Multi-Tenant Shell & Core CZC-12-004; DES-12-004 2. The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-SC-3B. A surety agreement maybe accepted for other improvements in accord with UDC 11-SC-3C. 3. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 4. The site plan prepared by Larson Architects on January 25, 2012, labeled Sheet SP-1, is approved (stamped "approved" on January 31, 2012 by the City of Meridian Planning Department) with no changes. 5. The landscape plan prepared by Larson Architects on January 30, 2012, labeled Sheet L-1, is approved (stamped "approved" on January 31, 2012 by the City of Meridian Planning Department) with no changes. 6. The approved site plan, landscape plan and/or elevations may not be altered without prior written approval of the City of Meridian Planning Department. 7. The elevations prepared by Larson Architects on January 5, 2012, labeled Sheet A-2, are approved (stamped "approved" on January 31, 2012 by the City of Meridian Planning Department) with no changes. 8. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 9. If any changes must be made to the site plan to accommodate ACRD requirements, the applicant shall submit a new site plan to the City of Meridian Planning Department for approval prior to issuance of the building permit. 10. The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. 11. Prior to Certificate of Occupancy, the applicant shall record across-access easement to adjoining properties to the east and south and submit copy of said easement to the Planning Department in accord with the provisions of UDC 11-3A-3A2. Ongoing Conditions of Approval 1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 2. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (PP-04-042; FP- OS-014; VAC-05-002). 3. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site. 4. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 5. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 6. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. Conditions Document 2 Majestic Multi-Tenant Shell & Core CZC-12-004; DES-12-004 CITY COUNCIL, REVIEW The applicant or a party of record may request City Council review of a decision of the Director. All requests for review shall be filed in writing with the Planning Department on or before February 15, 2012, within fifteen (15) days after the written decision is issued, and contain the information listed in UDC 11- SA-6B. If City Council review of the decision is not requested, the action of the Director represents a fmal decision on a land use application. You have the right to request a regulatory taking analysis under Idaho Code 67-8003. EXPIRATION Certificates of Zoning Compliance issued in conjunction with a proposed use shall expire if said use has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. Certificates of Zoning Compliance issued in conjunction with construction or alteration of a structure shall expire if said construction or alteration has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. In accord with the above provisions, the subject Certificate of Zoning Compliance is valid until January 31, 2013. EXHIBITS A. Vicinity Map B. Site Plan (dated: 1/25/12) C. Landscape Plan (dated: 1/30/12) D. Building Elevations (dated: 1/5/12) Conditions Document 3 Majestic Multi-Tenant Shell & Core CZC-12-004; DES-12-004 A. Vicinity Map 5 M 1 ° l5 9 ~ 2106 1180 1 1160 ,a, ,, ~ 2,07 `~~-'""~ =~ 1185 ~ 10 '.Y 1 ~em~~- h ° 2140 2000 1505 1822 2020 2286 2310 2326 2261 2342 22.10 2358 237# 2220 ~' -- ~--'r- ~\( / 1510 ah ~' ~ 1 1 ~~ ~~ ~ i '; 2310 2170 2238 ~I 2600 2700 ~ 1780 o a ~ --- IIIr 1745 v+ ~~ 1725 I i N N 1977 zo45 1887 1943 7~ os 17y 1 o ~ r ~ ~ r N ~~ V 1618 1615 'aS r ~ ~ I ~ ^~ ry0 j 1749 1737 »ly 1715 7~Q C~FT l 7 2750 N ~ -er /718 _ ~ N ° 2235 131 m 1736 ~. 2#63 2541 2667 ~#7 2389 2749 18#8 ~ ~ ' 1873 1861 ~ ~ 18fi0 187# Conditions Document 2 Majestic Multi-Tenant Shell & Core CZC-12-004; DES-12-004 B. Site Plan (dated: 1/25/12) OYYIOt DATA -I2xln.r. L+F4L.P~Ink~ly n. 7~NtF+r •a/rl Pere! r ro ISI rr-rci :iw xui~: p ,yP x dill 1.'a-e~. F~ihr ~%-ii PN =nr g1E [uITA r+PPb :win `1!~WNr wl'14•. 1-1yln lPa. k LL~.q+ P-b ~J. • VI .cTe4 auc V. tF! v.Ue.a! LYw f~.kG •PI+ =tl aF. ck •arF 6RE NDTFB •:INM !M'1~1WJMIM MN'f llf P4 eg11wIP 'IR.J+'.P Cyt1»<~ •111- IoRf Ilr ~KMiMI LY 1•t. u~FII Pl riwM.1~M W M•1 1. IY ~IMb IIRM IIk III IWltNl414~A M' rhJ.l II! 41P 1:! HM 1 PeP!kEllt IM Hl :I! LHGFM. ,. ,.. 1 ; 1 o '- T ~ _-' ~ -,iF ,~~ * I I I ~•I 1 h 1I ~.~ P, p °L IP - 1 ~ ~_ ~ I 1!L F ... 3 I a ~ 1 1... •. '~'1 a Q ES ' 1~ 1 al 1 I P ~ I 1 ~ 1~~>~ 511E RAN P ~~ k:Rlll P~I2CEL B ROa 8511 t,.,F e~ I I 'y I T~ r r ~~ L~ir'~ 4~.- ~;:sP :A~~ ti i `<' 1 ~1 Conditions Document 3 Majestic Multi-Tenant Shell & Core CZC-12-004; DES-12-004 C. Landscape Plan (dated: 1/30/12) !~ -~~ _ ~~ _ ~ J- ~r DRIVE ~~ ~pgT ~~NEMA •rf1 -- ; _- _ ~ I SIIB DATA bM. H ~ry HNVtlN Nq~It .~Ya~M.W~ wasnr.Nr ! w.aw~. rws r,.aw.u~ ~ ..e~us r+.s,w vw Nr.ww.r tOMM.I~ MCw 1~ V.Ow~Y~ OWIEt1 DATA .INA~ WIMARIC. Yi YN1. •+r~ NNM Nw~: ~wwi+wensa rA ~Na~ ~ ~NNNarvN~ ``~ rra., wow •~~4MiN N/ N M R vnri Nw. vrr. a NN~iM1'I.~e PLANT BQlGI~! ..rte w nwewv w. PM ~lyo ~~.rw r~ •YK14a ra •NIN~ ti _h+~~lyy sw • w~ wQ ~~W~ii ~ j0~, W KNNa NfR +.~NF~NMrA/Y ~,i'Id aY ~• •~OAiPWIfNOIETAR w r.~~~ a o _ ~~rw~w M~•~4~~ arl ~ wlF~~ri~~ tr. r. ~ti~anr~ ~~. r ~~~w yN_ ti ~~r Y~~~~~Yf 1~. PLANTrI! NOTi6 ...o l ~r~IN~~rc.rr~wgr~ ~~ ~~ w~l~irv/~1Y~~~ ~Y~iM ~M` w ~~,r~r~ rr •v~~~~YY~ ~ err-a'lOw~r C>r 11NNJCMINI Op6~~ Ni1~11N nY.r'w1A w^~~ ~~T r ~~~~~ ~r~ 0lCgIOIR TAl. P WAND OLIML ^ ^ ~ ~ ~^ ~ O ^ • ~~ IYiNIp11~Mt~t N~M~iw Nr a `$9k~\ i I Conditions Document 4 Majestic Multi-Tenant Shell & Core CZC-12-004; DES-12-004 D. Building Elevations (dated: 1/5/12) 7 - 9 A 0 ~ C1 D ~_ .~ e , ~ ' I ~~,.. «, µF I ~~, ,r:~ ~ia 't~s-y x'.. _a I b n+~+e wiw ~r _ 1 t' ! ~ ~ f MOA741 QaYAl10N wri ~w.a:i"wu WG9T DiYA7pN ~~ i~la aw~a~ ~ea~a `~ q __ .'IM 1„~i eolM~we ~p ~, ~ _____ ~.. - - i F F ' "~ 3 ~S,n v1i.~1EG l ~~ ---~ ___-- ~~~.-5-. -- Y ~"' ' BWiH BaYAT10N °,m~-, ia.~ FA6T !ltYAT10W~ ~ .< 4 i~W i M F F95 -tl : ~ y~ .3-s- I A-Q Conditions Document 5 Majestic Multi-Tenant Shell & Core CZC-12-004; DES-12-004 TDIAN~:--- l~~~ls Planning Department ADMINIST'RA~j'j~T W APPLICATION ~ ~~~YY ~~ ~ ~ ~~~ 1~pe of Review Requested (check all that apply) ^ Accessory Use ^ Alternative Compliance 8 Certificate of Zoning Compliance ^ Certificate of Zoning Compliance Verification ^ Conditional Use Permit Minor Modification B Design Review ^ Private Street ^ Property Boundary Adjustment ^ Time Extension (Director) ^ Vacation ^ Other Applicant Information Applicant name: Jacobson Majestic, LLC Phone: 331.3301 Applicant address: 2233 Bluestem Lane, Boise Zip: 83706 E-mail: blainej@cableone.net Applicant's interest in property: 8 Own ^ Rent ^ Optioned ^ Other Owner name: Same Owner address: Agent name (e.g., architect, engineer, developer, representative): Firm name: Larson Architects, P.A. Address: 210 Murray Street, Boise, Idaho Primary contact is: 8 Applicant ^ Owner ^ Agent ^ Other Contact name: Dawns Jenkins Contact address: 210 Murray Street, Boise, Idaho Phone: Zip: E-mail: Architect Fax: _ Phone: 376.7502 Fes: 658.0224 Zip: 83714 E-mail' dawns-lersonarc~cableone.net _ Phone: 376.7502 Fes: 658.0224 Zip: 83714 E-mail: dawns-laraonan~cableona.net Subject Property Information Location street address: 1530 S. Millennium Way Assessor's parcel number(s): 81814740010 Township, range, section: 3N 1 E 17 Current land use: Vacant Total acreage: 0.84 Current zoning district: GG ll ~-~~- 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 (Rev.11/29/]I) Project Description Project/subdivision name: Destination Place No. 2 General description of proposed project/request: 5,340 square foot Multi-tenant Retail/office ~lZ,t~r~rA,uv~vf~ shell and core building. Proposed zoning district(s): same as original C-G Acres of each zone proposed: Type of use proposed (check all that apply): ^ Residential 8 Commercial 8 Office ^ Industrial ^ Other Amenities provided with this development (if applicable): N/A Who will own & maintain the pressurized irrigation system in this development? Boise Valley Commons; LLC Which irrigation district does this property lie within? Primary irrigation source: Well Secondary: Clty Square footage of landscaped areas to be irrigated (;f primary or secondary point of connection is City water): 6,695 S.f. Residential( Project Summary (if applicable) Number of residential units: Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi-family developments only): 1 Bedroom: Minimum squaze footage of structure(s) (excl. garage): Minimum property size (s.f): _ Gross density (DU/acre-total land): Proposed building height: _ Average property size (s.f.): Net density (DU/acre-excluding roads & alleys): Percentage of open space provided:. Acreage of open space: Percentage of useable open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ^Siugle-family ^ Townhomes ^ Duplexes ^Multi-family Non-residential Project Summary (if applicable) Number of building lots: One Other lots: Gross floor area proposed: 5,340 Existing (if applicable): Hours of operation (days and hours): 6:30am-11:OOpm Building height: 25' max. Percentage of site/project devoted to the following: Landscaping: 1$•25 Building: 14.56 Paving: 67.19 Total number of employees: Maximum number of employees at any onetime: Number and ages of students/children (if applicable): N/A Seating capacity: Total number of parking spaces provided:. 49 Number of compact spaces provided: 0 Authorization Print applicant name: Blaine Jacobson Applicant signature: 33 E. Brc Phone: (208) 884-5533 I' ~ Date: ~' 9 • /2 away Avenue, Suite 210 • Meridian, Idaho 83642 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 2 or more Bedrooms: Larson Architects, P.A. . ~ 210 Murray Street • Boise, Idaho 83714 . (208) 376-7502 • Fax (208) 658-0224 January 12, 2012 MERIDIAN CITY PLANNING & ZONING DEPARTMENT 33 E. Broadway Avenue, Suite 210 Meridian, Idaho 83642 RE: Certificate of Zoning Compliance (CZC) Application for Majestic Multi-tenant Building @ Parcel A/Block 1, Destination Place Subdivision #2 U To Whom it May Concern: Attached, please find a Certificate of Zoning Compliance application for anew 5,430 s.f. Shell and Core Office/Retail/Restaurant Building located in Destination_ Place Subdivision #2, located off of Overland Road in front of the Majestic Theaters. The project consists of Multi-tenant Shell and Core Building. ~t will be a single story; stucco and brick veneer finished building with low slope single-ply membrane roofing behind parapets. The HVAC units will be roof mounted and screened by the parapets. The building is designed to fit with the surrounding architecture of Destination Place Subdivision and the elevations have been provided to and reviewed by the Owner of the Development. We hope the Certificate of Zoning Committee and City Staffwill approve this project, please feel free to call with any questions. Sincerely, ' Larson Architects ~~ Dawna Jenkins Larson AYChitects, P.A. 210 Murray Street • Boise, Idaho 83714 (208) 376-7502 • Fax (208) 658-0224 January .12, 2012. MERIDIAN CITY PLANNING & ZONING DEPARTMENT 33 E. Broadway Avenue, Suite 210 Meridian, Idaho 83642 RE: Design Review (DR) Application for Majestic Multi-tenant Building@ Parcel A/Block 1, Destination Place Subdivision #2 To Whom It May Concern: Attached, please find a Design Review application for a small Multi-tenant building, for Blaine Jacobson, located in the Destination Place Subdivision #2, off Overland Road, in front of the Majestic Theaters. This Building consists of a 5,340 s.f. Retail Shop Building with multiple tenants. It will be a single story, painted and textured stucco and brick over wood framed structure with a low sloped single-ply membrane roofmg behind parapets. The HVAC units will be roof mounted and screened by the roof parapets. We have attached building elevation to indicate the front facade with the primary .building entrances which are clearly defined with variations in the roof line parapet heights as well as cornices and awnings over the entry storefront glass. The building exterior walls are to be two base colors of stucco and two accent colors on the upper portions of the columns. The outer sections of the building will be a light beige colored stucco to anchor the building and give it substance and the inner section of the building is to be a contrasting sage/green stucco color to give variation as well as to highlight the accent color of the fabric awning.. The building parking lot is located on all sides of the building (small section of parking on the back side) and is oriented to the entrances of the tenant spaces. The pedestrian sidewalks, access points and landscaping at the perimeter of the lot have been installed previously in connection with the Development of the subdivision. We hope the Planning & Zoning Committee and City Staff will approve this project, please feel free to call with any questions. Sincerely, Larson Architects ~~~ ~~~ Dawna Jenkins E IDIAN~~ 1L~At~C7 PV1~100 FORM Date: 1/4/11 Ph: (208) 887-2211: Fax: (208) 887-1297' www.meridiancity.org~ The following property has been researched by The City of Meridian Public Works Department. Project Name:. Blaine Jacobsen Multi-Tenant Building (Shell) Address: 1530 S. Millennium Way Zip Code: 83642 Note: Located on Parcel A/Blocks/Destination Place #2 1) The address has been assigned based on available information. This address should be considered temporary. (Development process has not been completed and the address may change.) 2) This address will be required to connect to municipal services. X_ Water and Sewer mains are available. for connection to the Municipal System. This property does not currently have services available. (Development process has not been completed) 3) This is an existing structure that is connected to municipal services. EACH SET OF PLANS WILL BE REQUIRED TO CLEARLY REFLECT THE CORRECT ADDRESS AND SUITE NUMBER (IF APPLICABLE). Meridian Develop"ment Service Meridian City Hall, Suite 102 33 E. 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I i - ~ ~ ~ <2 I: 1' F ~ ~ I JJ W ~ _ ~ I ~ _ « :~ + ~ 4 p~ O j ~ 4 _ li I: I[ I is 4 :ji ~ v.. \ ~ \ ( ~ ! -I_.,- _ •~a ~ i ______ ~ '' _- A . . i[ li I i ~l 4 Q~ ,qK i q~„, .r' .1~ .~ ~ Y. ~ } ar ~., '~= 4= ~I ~ ~ I~ ~ 4 ,~.T# _ ~ ~ - 1 1 I i _ k, ~ Y b - .. ~~-~. .. i t. ~ YH ' ~. -. .. k~"'.: '~.', v ~tw L ~ ~ ~~ ~~~ S tiY~ •! 3 - , _, - ir.,, (((A ,,, 4 ' L .~ L;•- j~ ~ ~; 5 "~ 1 ~` '. ` t ~d. ~' yyh ~ ~ e .2 .C~ ~~ :9 H p t ~~ ~„` rt ~_- j: r tn:._` ~; .. ~ ~:: 7 CD O j GND m k{~` , 6~ ~' ~y~-.V ..,~ S PS G N l .~ ~` i{ Sonya Watters From: Sonya Watters Sent: Tuesday, January 31, 2012 1:11 PM To: 'Dawns Jenkins' Subject: Majestic One more thing...can you please have your lighting engineer veSify that the proposed light fixtures over 1,800 lumens meet the requirements of UDC 11-3A-11 (they have an opaque top to prevent uplighting; the bulb isn't visible !t has a full cutoff shield) Thanks, sowya Wattevs AssociaTe City Planner CITY OF MERIDIAN Community Development Department 33 E. Broadway Avenue, Ste. 102 Meridian, ID 83642 208-884-5533 phone / 208-888-6854 fax Sonya Watters From: Sonya Waters Sent: Tuesday, January 31, 2012 1:00 PM To: 'Dawna Jenkins' Subject: RE: Majestic CZC Did you ever hear back on the cross-access easement; whether or not it has been recorded? Also, I noticed that the easement depicted on the site plan does not appear to match that shown on ROS 8511...it appears to run along the east boundary but on the site plan it appears there's a gap between the easement & the property line.... from: Dawna Jenkins [mailto:dawna-larsonarc@cableone.net] Sent: Monday, January 30, 201210:57 AM To: Sonya Wafters Subject: RE: Majestic CZC Thanks I will drop them off later today. Dawna From: Sonya Wafters [mailto:swatters@meridiancity.org] Sent: Monday, January 30, 2012 10:52 AM To: Dawna Jenkins Subject: RE: Majestic CZC 4 copies of the revised site plan 8 landscape plan; and 2 additional copies of the elevations. From: Dawna Jenkins [mailto:dawna-larsonarc@cableone.net] Sent: Monday, January 30, 2012 9:55 AM To: Sonya Wafters Subject: RE: Majestic CZC Sonya, How many copies do you want of the revised site and Landscape plans? The Owner will leave it up to future tenants if they want to add an awning to the north side of the building. Thanks Dawna From: Sonya Wafters [mailto:swatters@meridiancity.org] Sent: Thursday, January 26, 2012 8:55 AM To: Dawna Jenkins Subject: RE: Majestic CZC I reviewed the site plan and everything looks good except: • The buffer along Cinema $ Millennium needs to be widened to 1Z' for vehicle overhang if wheel stops aren't provided • The pedestrian walkway from the perimeter sidewalk to the building appears to be striped; it's required to be pavers, colored or scored concrete, or bricks, per IJDc 11-3A-19A.4 (paint isn't an option b/c it wears off). Are you adding an awning to the north elevation? 1 Also, please add same additional landscaping around the transformer so that it's out of view from the street, per UDC 11-3A-12. Thanks, Sonya From: Dawna Jenkins [mailto:dawna-larsonarc@cableone.net] Sent: Wednesday, January 25, 2012 4:36 PM To: Sonya Wafters .Subject: FW: Majestic CZC Sonya, This is what the Engineer sent me on the easement. Also, on one of the review items it states, "wheel stops need to be provided for parking spaces that abut the street buffer' if the buffer is 10' (larger than T required) do we need wheel stops? Thanks Dawna From: David Marks [mailto:dmarks@tealeys.com] Sent: Wednesday, January 25, 2012 4:04 PM To: Dawna Jenkins Cc: kevinknighton55@hotmail.com Subject: RE: Majestic CZC Dawna, We don't have the easements depicted with "Inst. No. " on ROS 8511. Kevin Knighton may have a copy although the cross access easements noted on ROS 8511 may not have ever been recorded. We supplied new exhibits in 2011 for the cross-access easement to the east that you have shown on your base map but that was done after ROS 8511. We did not receive a copy of the recorded easement but Kevin should have access to it. Please call if you have any questions, Dave Marks Tealey's Land Surveying (208) 385-0636 Office (208) 385-0696 Fax From: Dawna Jenkins [mailto:dawna-larsonarc@cableone.net] Sent: January 25, 2012 3:38 PM To: David Marks Subject: FW: Majestic CZC Dave,. Do you have a copy of the cross-access easement? Thanks Dawna From: Sonya Wafters [mailtoswatters@meridiancity.org] Sent: Wednesday, January 25, 2012 11:17 AM To: Dawna Jenkins Subject: RE': Majestic CZC Do you have a copy of the recorded cross-access easementto the south & east? It's noted on ROS#8511 but there is no instrument #.... thx! From: Dawna Jenkins [mailto:dawna-larsonarc@cableone.net] Sent: Wednesday, January 25, 2012 8:26 AM To: Sonya Wafters Subject: RE: Majestic CZC Hi Sonya, The Owner is going to put in a Subway sandwich shop on the south end of the building; it will take up 1,745 s.f. There are no tenants for the balance of the building yet. Thanks Dawna From: Sonya Wafters [mailto:swatters@meridiancity.org] Sent: Tuesday, January 24, 2012 6:36 PM To: dawna-larsonarc@cableone.net Subject: Majestic CZC Hi Dawna, I'm working on the CZC application you submitted for the Majestic multi-tenant shell 8 core and was wondering if they have specific users yet? Thanks, sow~a Wattevs Associate City Planner CITY OF MERIDIAN Community Development Department 33 E. Broadway Avenue, Ste. 7 02 Meridian, ID 83642 208-884-5533 phone / 208-888-6854 fax Sonya Watters From: Sonya Watters Sent: Wednesday, January 25, 2012 12:15 PM To: 'Dawns Jenkins' Subject: Majestic Multi-Tenant Shell & Core CZC Donna, I've reviewed the CZC & DES applications and need the following revisions to the plans: . vThe scale (or the printed version) is off on the site, plan ./ All 2-way drive aisles are required to be 25' in width (the northern drive aisle is 24'); revise SP & LP • The street buffer landscaping along Millennium 8 Cinema is required to be a minimum of 10' in ,w~'dth (the LP calls out 9' along Millennium & 5'-20' along Cinema) measured from the back of sidewalk; revise SP & LP • .iThe parking requirements for commercial districts is 1 space per 500 s.f. of gross floor area; revise the "site data" on the LP 8 SP . /The sidewalk around the west 8 north sides of the building either needs to be widened to 7' to allow for vehicle overhang, or wheel stops need to be provided (the sidewalk on the N. side of the bldg is only 5' & the sidewalk on the W. is only 6' in some areas). Parking stalls may be reduced to 17' in length if no wheel stops are provided 8 the sidewalk is widened to allow for overhang. Revise SP & LP ./Bicycle parking is required to be provided in accord with UDC 11-3C-5C; revise SP •~ Wheel stops need to be provided far parking spaces that abut the street buffer, or the adjacent buffer may be widened 2' to allow for vehicle overhang fr the spaces may be reduced 2' in length (UDC 11-3C-5B-4) • The internal pedestrian walkway that connects to the main building entrance(s) from the perimeter sidewalk / shall be a minimurrl 5' in width & be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks in accord with UDC 11-3A-19A4. s- For unity 8 consistency, consider providing an awning over the windows on the north elevation. Also, please submit a recorded copy of the cross-access easement between the properties to the east & south. If you have any questions, please let me know. Thanks, sow~a wattevs Associate City Planner CITY OF MERIDIAN Community Development Department 33 E. Broadway Avenue, Ste. 1 02 Meridian, ID 83642 208-884-5533 phone / 208-888-6854 fax Sonya Wafters From: Sonya Watters Sent: Thursday, January 26, 2012 8:55 AM To: 'Dawna Jenkins' Subject: RE: Majestic CZC I reviewed the site plan and everything looks goad except: /The buffer along Cinema & Millennium needs to be widened to 12' for vehicle overhang if wheel stops aren't provided •/The pedestrian walkway from the perimeter sidewalk to the building appears to be striped; it's required to be pavers, colored or scored coricrete, or bricks, per UDc 11-3A-19A.4 (paint isn't an option b/c it wears off). ~re you adding an awning to the north elevation? ~ttso, please add some additional landscaping around the transformer so that it's out of view from the street, per UDC 11-3A-12. Thanks, Sonya From: Dawna Jenkins [mailto:dawna-larsonarc@cableone.net] Sent: Wednesday, January 25, 2012 4:36 PM To: Sonya Wafters Subject: FW: Majestic CZC Sonya, This is what the Engineer sent me on the easement. Also, on one of the review items it states, "wheel stops need to be provided for parking spaces that abut the street buffer" if the buffer is 10' (larger than 7' required) do we need wheel stops? Thanks Dawna From: David Marks [mailtocdmarks@tealeys.com] Sent: Wednesday, January 25, 2012 4:04 PM To: Dawna Jenkins Cc: kevinknighton55@hotmail.com Subject: RE: Majestic CZC Dawna, We don't have the easements depicted with "Inst. No. " on ROS 8511. Kevin Knighton may have a copy although the cross access easements noted on ROS 8511 may not have ever been recorded. We supplied new exhibits in 2011 for the cross-access easement to the east that you have shown on your base map but that was done after ROS 8511. We did not receive a copy of the recorded easement but Kevin should have access to it. Please call if you have any questions, Dave Marks Tealey's Land Surveying (208) 385-0636 Office (208) 385-0696 Fax ADA COUNIY RECORDER J: uAVID NAVARAO AMOUNT 48.00 15 BOISE IDAHO 01116107 03:10 PM DEPUTY Bonnie0herhlllig III IIIIIIII'lllll"I'I'IIIIIIIIIIIIII RECORDED-REQUEST OF Reeerdiug Requeeted By, 107007166 Raudman BYarnall .n~a whee aa~mdad Retum To: Reudmen and Ymaall, ll,C, 1193 N. Creek Drive, Kime, Idaho 83634 NON-EXCLUSIVE EASEMENT AGREEMENT THIS NON-EXCLUSIVE EASEMENT AGREEMENT ("Agreement") is made and entered into as of this _L day of January, 2007, by and between BOISE VALLEY COMMONS, LLC, an hlaho limited liability tympany, whose address is 4751 N. Trotter Lane, Star, Idaho 83669, (`BVC" or a "party") and RAUDMAN AND YARNALL, LLC, an Idaho limited liability company, whose address is 1193 N. Creek Drive, Kura, Idaho 83634 ("Raudman" or a "palt}~'). 1. RECITALS: A. BV C is the owner of that certain real property located in Ada County, Idaho, more particularly described as follows (`BVC Tract" or "Tract"): See Exhibit A attached herewith and incorporated herein by reference. B. Raudman is the owner of that certain real property located in Ada County, Idaho, more particularly described as follows ("Raudman Tract" or `°Tract'~: See Exhibit B attached herewiUl and incorporated herein by reference. C. BVC has agreed to create anon-exclusive easement for pedestrian and vehicular ingress and egress over a portion of the BVC Tract for the benefit of dle Raudlnan Tract. Z. AGREEMENTS: NOW, THEREFORE, in consideration of the premises and other good and valuable . consideration, the receipt and sufficiency of which are hereby ac]tnowledged, the parties intending to be legally bound agree as follows: A. Grant of easement by BVC: BVC hereby grants and conveys to Raudman, its employees, invitees, and successors in interest, for the benefit of and as an appurtenance to Ule Raudman Tract, a non- exclusive easement for vehiculaz and pedestrian ingress and egress over end across those portions of the BVC Tract more particulazly described in Exhibit C attached hereto and incorporated herein by reference, and hereafter identified as the "Easement Area", together with the right to construct, pursuant to Section 3 hereof; an asphalt driveway and related improvements upon, over and across the $VC Tract Easement Area. B. Provision for 1llture Easement: Raudman hereby grants and conveys to BVC, its employees, invitees, and successors in interest, a right of ingress and egress from the BVC Trad into and from the Raudman Tract over a driveway located in the Northeast comer of the Raudman Tract as depicted in Schedule 1 attached hereto and incorporated herein by reference. 3. CONSTRUCTION WORK AND MAINTENANCE: A. BVC and Raudman herzby agree that the initial consWdion of the asphalt driveway, not to exceed four thousand (4,000) squaze fleet (the `Driveway"), within the Easement Area shall be performed by Raudman. Raudman agrees to provide BVC with firm quotes for the cost. of constmdion, and BVC shall have the right to accept or reject the same within fourteen (14) days of receipt. BVC agrees to reimburse Raudman for one-half (1/2) of the approved actual and reasonable cost of design, engineering, construction labor, and construction materials for the construction of the driveway, within thirty (30) days after completion of such constmction. B. Thereafter, Raudman shall maintain and keep the Driveway in good repair, and shall keep the Driveway free and cleaz of snow, ice, rubbish and obstructions of every nature, and shall maintain adequate drainage and,. as required, lighting thereon. All work performed in the maintenance, repair or replacement of the Easemem Area shall be performed in a good and workmanlike manner in compliance with all applicable governmental requirements, and in such a manner as to minimize interference with the operation of any business located on either tract. In the event that Raudman defaults in the performance of any of its obligations -set forth in this paragraph, BVC, upon giving Raudman not less than thirty (30) days prior written notice (except that only such notice as is reasonable, if any, need be given in the event of an emergency threatening person or property), shall have the right (but not the obligation) to perform the obligations of Raudman at its sole cost and expense subject, however, to reimbursement by Raudman of the cost of performing said obligations within thirty (30) days after receipt of copies of all invoices, statements or other documents supporting same. C. The party performing any of the work described in this Agreement ("Contracting Party") shall not permit any liens to stand against any tract (other than its own tract) for any work done or materials furnished in connection therewith. The Contacting Party shall indemnify, defend and hold harmless the other party to this Agreement from any and all liability, claims, damages, expenses (including attorney's fees), liens, claims of lien, judgments, proceedings and causes of action of any kind whatsoever arising out of or in any way connected with the performance of such work, unless caused by the willful or negligent act or omission of the indemnified party, its agents, contractors, subcontractors, tenants, subtenants, or employees. 4. NO PUBLIC DEDICATION: All rights of ingress and egress granted herein shall be held in common by BVC and Raudman, their successors, tenants, subtenants, agents, contractors, subwntractors, employees, customers,. invitees and licensees. However, nothing contained herein shall be deemed to constitute a gift or dedication of any portion of the BVC Tract or the Easement Area to the general public or for the general public or for any public purpose whatsoever, it being the intention of the parties that this Agreement shall be strictly construed to and for the purposes herein expressed, 5. COVENANTS RUN WITH THE LAND: All of the easements contained herein shall nm with, and be appurtenant to, title to the BVC Tract and Raudman Tract, and shall run with, and constitute a burden upon, title to the respective Tracts. 6. SUCCESSORS AND ASSIGNS: This Agreement and all of the terms, covenants, conditions and agreements contained herein shall inure to the benefit of and be binding upon the parties, their heirs, personal representatives, successors and assigns, and upon any person acquiring a tract, or any portion thereof, or any merest therein,-whether by operation of law or otherwise; provided, however, that in the event a party disposes of its interest in a pact, said party shall thereupon be released and discharged from any and all obligations in connection with said tract arising under this Agreeme~ from and after the date of disposition of said interest, but shall remain liable for all obligations, achral or contingent, in connection with said tract arising under this Agreement prior to the date of disposition of said imerest. 7. INJUNCTIVE RELIES: In the event of any violation or threatened violation by any person of any of the terms, wvenants, conditions or agreements contained in this Agreemem, any or all of the parties hereto shall have the right to enjoin such violation or threatened violation in a court of competerrt jurisdiction. The right of injunction shall be in addition to all of the remedies set forth in this Agreemert or provided by law. 8. BREACH SHALL NOT PERMIT TERMINATION: It is expressly agreed that no breach or default in the performance of any of the terms, covenants, conditions or agreements set forth in this Agreement shall e~tie any parry to terminate this Agreement, but such limitation shall not affect in any manner any other rights or remedies which such party may have hereunder by reason of any such breach or default of this Agreement. 9. THIRD PARTY BENEFICIARY: This Agreement is not intended to create, nor shall it be in any way interpreted or constmed to create, any third party beneficiary rights in any person not a party hereto unless otherwise expressly provided herein. 10. DEFAULT: No parry shad be deemed to be in default of this Agreement except upon the expiration of thirty (30) days (ten (10) days in the evert of failure to pay money) from receipt of written notice from any other party to this Agreement specifying the particulars in which such party has failed to perform the obligations of this Agreement unless such party, prior to expimtion of said thirty (30) day period (ten (I O) day period in the event of failure to pay money), has rectified the particulars specified in said notice of default. However, such person shall not be deemed to be in default if such failure (except a failure to pay money) cannot be rectified within said thirty (30) day period and such parry is using good fifth and its best efforts to rectify the pariculazs specified in said notice of default. 11. NOTICES: All notices given pursuant to this Agreemenrt shall be in writing and shall be given by personal service, by United States mail or by United States express mail or other established express delivery service (such as Federal Express), postage or delivery charge prepaid, return receipt requested, addressed to the appropriate party at their address set forth above. A. 'The person and address to which notices are to be given may be changed at any time by any party upon written notice to the other party. All notices given pursuant to this Agreement shall be deemed given upon receipt, B. For the purpose of this Agreement, the term "receipt' shall mean the eazlier of any of the following: (i) the date of delivery of the notice or other document to the address specified purnrant to this Section 11 as shown on the retain receipt, (ii) the date of actual receipt of the notice or odrer document by the person or entity specified pursuant to this Section 11, or (iii) in the case of refusal to accept delivery or inability to deliver the notice or other document, the earlier of (A) the date of the attempted delivery or refusal to accept delivery, (B) the date of the postmark on the return receipt, or (C) the date of receipt of notice of refusal ar notice of nondelivery by the sending party. 12. WAIVER: The failure of a party to insist upon strict performance of any of the terms, covenants, conditions or agreements contained herein shall not be deemed a waiver of any rights or remedies that said party may have, and shall not be deemed a waiver of any subsequent breach or default in the performance of any of the terms, wvenants, conditions or agreements contained herein by the same or any other party. 13. ATTORNEY'S FEES: hr the event a party initiates or defends any legal action or proceeding to enforce or i~erpret any of the terms of this Agreemem, the prevailing party in any such action or proceeding shall be e~itled to recever from the losing party its reasonable costs and attorney's fees (including its reasonable costs and attorney's fees on any appeal). 14. SEVERABILITY: if any term, covenant, condition or agreement of this Agreement, or the application of it to any person or circumstance, shall to any extent be found to be invalid or unenforceable, the remainder of this Agreement, or the appliartion of any such term, covenant, condition or agreement to persons or circumstances other than those as to which it is found to be invalid or unenforceable, shall not be affected thereby, and each such term, covena~, condition and agreement of this Agreement shall be deemed valid and shall be enforced to the fullest exterrt permitted by law. 15. CAPTIONS AND HEADINGS: The captions and headings in this Agreement aze for reference only and shall not be deemed to define or limit the scope or in6ent of any of the tenns, covenants, conditions ar agreements contained herein. 16. ENTIRE AGRF.F.MF.NT: 'ibis Agreeme~ contains the entire agreement between the parties and supersedes all. prior agreements, oral or written, with respect to the subject matter hereof. The provisions of this Agreement shall be constmed as a whole and not strictly for or against either party. 17. CONSTRUCTION: In construing the provisions of this Agreemer and whenever the context so requires, the use of a gender shall include all other genders; the use. of the singulaz shall include the plural, and the use of the plural shall include the singular. 18. MODIFICATION: This Agreement may not be modified in any manner whatsoever except by written instnmrent duly executed by each of the parties hereto. 19. Thi's Agreement shall be recorded in the Public Records of Ada County, Idaho. BOISE VALLEY COMMONS, LLC y; Kevin C. Knighton Its: Manager RAUDMAN AND YAIZNALL, LLC STATE OF IDAHO ) ss. County of a~iL On this ~[_'~-`day of ~~/LU~trlN , 2007, before me, a Notary Public, personally appeazed Kevin C. Knighton, own or identified to me to be the manager or a .member of Boise Valley Commons, LLC, the limited liability company that executed the instrumetrt or the person who executed the. instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offictial seal the day and year in this certificate first above written. ~Jv~E««A.R~~ N~T~Ry r.~ .r4 '• .TB nv df1- STATE OF IDAHO l~Y~i~-ccsn-~-~ NOT Y PUBLIC FOIL IDAHO Resi mg at - My Commission Expires: O3 OP / ss. County of ~a~a ) On this ~~day of lGd~ 2007, before me, a Notary Public, personally appeared Jeff Yarnall, known or i entified to me to be the manager or a member of Raudman and Yarnall, LLC, the limited liability company that executed the instrument or the , person who executed the instrument on behalf of said limited liability company, - and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. p~W~ ~ ( ~'~ .~li ~~AaR/,q~, NOT PUBLIC FOR IpAI30 vi ~ Residing at ~ ~,~o ~pSAIIY = My Commission Expires: GL3 08 ~D/~ ~~•~G ~ -'1 TE O~ ERHIBIT A BVC TRACT See attached xEECrnxocAi, EnsEMSrrr nctzEE~Nr - 6 ,, ,, £_ _ _ _.. ' y~ ; TEALEY'S LAND zit soyus Basin tad. , eofsa, Idaho a37oz _` ~- ;x ~ ,SL1f3VEY1NG (zaetses-os~s ~ - t=ax (zos) 3se-c~9s , t - il. 5~i ~ ~ 4f . t. C -~.z -- - W4YD.h. - " ~ R!! > > i A - 'y ~roleo~ No `~Q96 !~„ P>~e t3r$ober 3~; X006 ~ 3 ~ ~ - -. f ;L ._- _ ~1 } ,i ~ \ .` V r ` DESCRIP'f10N ~ ~~~., oP tip~~`~~ ~: ~ -fOR ~~f~A.~ ` 1. - PARCEL ~E~, x J -v ~S ,, - _ _ ~ " ~ `=A paroelpf land t~rpg a-portion of Lot 1°and aB of Lot 2, Block 1 or Destination Place ~slbdlw~t9n, as fi~eu for recgrci mthe nifiae of the-Ada County Reconier, Boise. Idaho in u . book 93 c#plats:at pages 411 f~rough 11492 and a portion of the ~ 1 /4 SW 1/4, Section s 13 ~~"~3N , ft 1E `BTN Mendtan,:Ada Courtly, Idaho, as shown on Reco-id of Survey No, _ ;~$,_ as'Fled for lecord m qie office of the Ada Canty Recorder, Boise, Idaho and _ ~ `~on3 p$rbcularty descdlled as follows: _ r a .`CCMM(dENCING at a brass.cap marking the comer common to Section 17, 18, 19, ~ ~ ~ arra 2a~Th~e 2 the:Sadh boundary of said Sedron 97 ' , ~ : Soulh89'~2'~l9" East -1765.A9 feet to a point on the CenteAkie of East Ovedand ~'~ Road 9h~ce ~avmg said south boundary_at right angles and along the Centerline of ~, $outhl~IlpennLurtillYay ;~ ~ ~ ` ; ; ;i~'?~rth t30°07~4~R~F~st 45 Ott feet to a point on said Centerline; Thence Leaving said ~` ' ~ fertte3l~rfre at nght angles and along the South boundary of said Destination Place ~--°~ , _ ~ S9utJt $9°5219" East 53 SO feet to a point marker by a 5!8" iron pin; Thence along ~ :` the SQ~1lhetfy dourrdary of said Lot 1 North ~ 5222 Vilest 38.tkS t'eet to a point marked by a 5/8°iron pin; Thence leaving 1 said $outhedy boundary grid akxrg Itre Vilest Mary of said Lot 1 w , . `` '<Nortfi~ UT~F7 ° East 731~,feet to a point marked by a 5/8° iron pin, said point being t~~PI:iMPI ~F 1~l;I~ININSi; Thenca:~rwing - ` 7~lolth !?0"QTA4 East 1413 79 feet to a point on a curve to the right marked by a 5!&' ~'~ ~ , j~.. ~rron F?!~ °fhenre alpng sad ~inre ~ the right with a radius of 63.00 feet, a central argyle of ' * ~ r 817 77= ~ leriath of 89 56_feet and.a dtord which bears "; . A~ ~ _ ~]orih 90"5q'19" East 82 21 feet t4 a point marked by a 518° iron pin; Thence leaving ~u ,' -- card Wgsl; poundpry of card Lot 4 and abng the North boundary of said Lot 1 and Lot 2 '. 1Jq $1 °3~b8' East 309 91 feet fio a pant marking the beginning of a curve to the- n ~ ~ } - t`13gM m4ry a;5i8,~ron=pin Thence along said curve to the right wish a radius of 93.00 teat, ~:cer1'batangle of 9$°3228 , a_leiigth of 159.95 feet, and a chord which bears South X19'°08'43~Fast 440 95 feetlp.a point marked by a 518° iron pin; Thence Fteavtr2~aard~JoRtl~jiMUnQefy_andaiortgttteEastboundaryofsaidLot2 '~ `,~~ 1 ,=.Sg~th`~ _47'39" yyest 85 42 k`eef to the Southeast comer of said Lot 2 marked by a x j $1$' ironptn 7he~ce leavi~ said Eastbo}mdary and along the South boundary of said Lot 2 '' ~ '~lgt~h.89 _ ~ ~` __ , ' 5219' 1Ne{t 2$Q ~ #eet to the 5authwest comer of said Lot 2; Thence ~~r Y ~teavtng ~rdSouU7lboundary and algrtg the Eastboun~ry of said Lot 1 s ~'"So}rltt 00 Q7`~4n alltest~ ~ feet to a{~oint on said East bamdary marked by a 5/8'° ~, aro>'1 Pm. Ttlence~leavtng seal Fast bounder]/ at ri9tit angles ,_` zNorih89e5.2~9°West206.31_feettothe_POINTOFBEGINNING. s t - . V 'Said parcel of land contains 2.00 asps more or Tess. <_ ' *1~-±te~-dac mom -. .- ~- _ - EXHIBIT B RAUDMAN TRACT See affiched RECIPROCAL EASEMENT AGREE[vIENT - 7 ~_ ~ TEALEY'S LAND 2507 Bogus Basin Ad. • Boise, Idanfl es~oz SURVEYING (zos} sesas3c t=aX (~1 sas-oe9s Project No.: 3096 Data: October 31, 204 DESCRIPTION FOR PARCEL "A" A parcel of land being a portion of Lot 1, Block 1 of Destination Rlai~ Subdivision, as ' -. fi~tf for reoont ar the office of the Ada County Recorder, Boise, Idaho in hook 93 of plats at pages 11190 through 11192 and a portion of the SE 1/4 SW 1/4, Section 17, T.3N., R.1 E., B.M., Meridian, Ada Caunly, Idaho, es shovm on Record of Survey No. '1 bs $ as fi~ far record in the office of the Ada County Recorder, Boise, Idaho and more particularly describedasfollov+s: COMMENCING at a brass cap marking the comer common io Section 17, 18, 19, and 20; Thence along the South boundary of said Section 17 South 89°52'19n East 1785.49 feet to a point on the Cerrte~ne of East Overland Road; Thence leaving said South toundary at right angles and along the Centerline of South Millennium Way North 00°07'41° East 45.W feet to a point on said Centerline; Thence leaving said Centerline at right angles and akmg the South boundary of sad Destination Plece Subdivision Soutlr >39°52'19" East 53.90 feet to a point marked by a 5B° iron pin, said point being the POINT OF BEGINNING; Thence alor~ the SouUredy boundary of said Lot 1 North 44°52'22' West 38.04 feet to a point marked by a 5/8"iron pin; Thence leaving said Southerly boundary orb abng the West boundary of said Lot 1 North 00°07'41' East 73.10 feet to a point marked by a 5/8" iron pin; Thence leaving said West boundary at right angles South 89°52'19° East 206.31 feet to a point marked on the East boundary of said Lot 1 marker by a 5/8° iron pin; Terence along said East boundary South ~°07'41` West 1110.00 feet to a point on the South harrrdary of said Lot 1 - ' marked by a 5/8° iron pin; Thence leaving said East barardary and along said South bg4!4dary " North 89°52'19° West 179,41 feet to the POINT OF BEGINNING, Said parcel of land contains 0.47 acres more or less. 3ose-aer~~.aoo-~nwr 4. ACIENHIN MAY - ~``` m ~ 4 1 ^' 1 11 E~ ° 9q ~~ I I II 444~~ s~F g ~~- 11 1 ~{ I 1 II ~ 1 I ~ e~ ~` II II W IY FI n of ,1 ~~~~~ a ~ ~ s II . I " "_•ortr r ms`ns~ -} * @ "~"'•„"a 1 ^ z ~ t p tqp g ~ _ ~ n~ I af~~~ ~ o `• ~ I Itt I l~ •~ 9'~s~ R ~ I ; I , 7 = 1 t ~ ~ I I I 1 ~a~~: Z r! I I ~ ~ °• 11 1 `i ~' , rr q N I I ~:~~~ $ I I~ ~ I ~ I I ~ 4 I Fl 11 ~ c ~~ 6 FG j r I I F€Ti: '•' r pw A W V W N O Ib 0 0 ~ggq 65F~ ~7L_ _ - ~~~ 1. ~o----~ _--+'~~ ~ s ~ L ,~ ~ 5 00.OT39• Y ~ g •4 4.ACELEBRATNIN AYEraB: 95.C!' ! ~/ Ft},~ •~ ~ _~-~~ ~-- P ' \~ ~ + !e.a_ s ~~~ dF8 "s` a5 1 ~8 ~ ~ ya l^ ~ ~S¢~ n ~g 9 uc..Y" $~~YS y S 7 ^ ~ ~ ~nAa A i w ~~a`° aE A ,~, e s ~'3~^ Y° y p 53~3~~ ~ iiiq~ 19 s • N~ia ~ ~6R A ~ Y ;v ~n~ z ~ 3;s o ~ n .a €I~ ~gB3 ~ ~ ~ ~ ~'aS~, a ~ rA r p O ~g$ ~~~ 4 E ~ ail 8~ ~~~ § .~ g III11r~ 1 s~ ~~ ~s ,'x e x 5~ ..8 D x Z rO m O g ~a ~~ ~~ ~ ~~ - ~ yy~~yt ~ N ro t~ A H s '~ ~~ ~ N N C Z ~~ Z ~ x~~ ~~ zAd ~~ ~ x y A~ o ~ z~ Z y Vl C _~ Q~ :~ Op b~ °~O i ~}'p EXHIB&T C EASEMENT AREA That certain strip of land situated on the BVC Tract, more particulazly described as follows: See attached. RF_CIPROCAL EASIIvtIIVT AGRffivfEN7T - 8 DEC-19-2006 10:26 McKaee an Arch [taco '•_084248609 P.02 B. d. A. Enginraers, Inc. Oon~ulnn0 En0lnnn, 8urvoyora i Pl.nn~ra 8808 W~at Fnnklln ROid Bolo, Ip eS708 Vo(p:209.948.3~81 Fo.:908.941.8782 w.d: hltp;!lwwW-W.n0lrat.n.oam Cross Access Agreement between Dutch Bros. ~- Overland And Boise Valley Commons, L.L.C. December ~oQ6 A peroel of land being a portlon of Lot 1, Block 1 of Destination Place Subdivision (as shown in book 83 of plats at page 11196 on isle with the Ada County Recorder's office), situate in the soutl~e~ast quarter of the southwest quarter of Section 17, Township 3 North, Range 1 East, Sofee Meridian, Meridian cky, Ada county, Idaho, being more partkutarly deicribetl as fellows: Commencing at the southwest comer of said Section 17; thence S89°62'99°E, 1,766.49 feet along the southerly boundary of said Section 17 to the centerline of South Millennium Way; ttrence NDD°07'41'E, 293.79 feet along the oartariine of South Millennium Way to a point o} curvature; thence 589°ti2'19'E, 27.00 feet to a poink aF curvature on the eaetariy right-of-way of said South Millennium Way antl the westerly boundary line of said Lot 1; thence S00°W'41"W, 53.78 feet along the eastery right-of-wey of said Sou(fi Millennium Way to the PAINT OF BEGINNING: Thence S89°62'19"E, 37.76 feat along a line perpendloular to the easterly rlghk-of-wey of eat South M171ennium Way; Thence S00°07'411N; 64.26 feet along a line parallel to the easterly right-of-way of said South Millennium Way; Thence 11.83 feet along a tangent curve deflecting to the left witl7 a canb191 angle Of 42°21'19', a radius of 18.06 feet, a tangent of 6.20 feet and a long chord of 11.56 feet bearing. S21 °02'68'E; Thence N69°52'19"W, 41.94 feet slob a Ilse perpendicular to the easterly fight-of-uroy of said South Millennium Way; Thence Np6°07'41'ta, 95.63 feet along the eaatelty right-of-way of said South MiNannlum Way to the PO/NT OF BEGlNN/NGw Camprleing 3603 square feet more or less. Subject to a 1D.00 foot wide landscape bufrer easterly of and adjacent to the entire easterly right-af-wey of South Millennium Way. LEC-19-2006 10 e27 ~ MoKeeean AeetriLecL ~~z084248609 P. B3 Q AO 80 ~ HORIZ. SC.AI.E: 7-INCH = 4p-FEET NORTH li. S A. Englnee~, Inc. o Enwn.a..'suweyors olllrvN,n. Seas w..e Fr.,rar, Ro.a sales, Iv BS705 Nobs: 208.949.3391 FRIG ZQB,84x.G79Z YVeb: IY~tlAwww.6~ywa,~m _~ Z W F CROSS ACCESS Ai;REEMENT A PARCEL OF LAND BEINQ A PORTION OF LDT 1, BLOCK f ~ OE911NATiON PLACE SUBDIfnSION (AS SHOWN IN BOOK 43 OF PLATS AT PAGE 17140 ON FILE WITH THE ADA COUNTY RECORDERS OFFlCE), SITUATE IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 77, TOWNSHIP 3 NORTH RANGE t EAST. BOISE MERIDIAN, MERIp1AN dTY, ADA COUNTY IpAHO CUB URUE A RAp ARC TANGENT C. BEARING C. LENGTH Ci • f` " t 8. ' C3 '27't ' 540' t'149V 82. t' W. QVERI,.AND R©/~D t8 1~, _ BAamaPBF~n~p ~ mpag' ~ _,x„17 isl 20 +4'E-~s6oax - Y~~ SCHEDULE 1 RAU])?tYIAN TRACT EASEMENT AREA That certain strip of land situated on the east boundary of the Raudman Tract, more particulazly described as follows: A parcel of land being part of the Raudman Tract located on the North East side of the Raudman Tract shall be constnrcted a `driveway" 25.0 feet wide not m emend beyond the legal boundaries of the Raudman Tract. Driveway is to be used as future cross access between BVC Tract aad Raudman Tract upon improvemem of the B VC Tract. The Driveway is depicted on the attached drawing, as the cross-hatched azea in the northeast portion ofthe Raudman Tract. ,~ VI H W ,V^/ V/ W V/ Q W Z W OVEfZLAND RD I 1 ADA COUNTY RECO OER J. D~,VIO NAVARRO AMOUNT 42.00 t4 Recording Requested By, And When Recorded Return To: Raudman and Yarnell, LLC, 1193 N. Creek Drive, KuAa, Idaho 83634 001SE IDANO 04111107 00:48 AM II I II II'IIIII~III I I III IIIIII I II II I III DEPUTY Vicki Allen RECORDED-REQUEST DF 10705105 Raudman 8 Yarnell NON-EXCLUSIVE UTILITY EASEMENT TIIISNQN-EXCLUSIVE UTILITY EASEMENT ("Easement") is made and entered into as of this ~ day of April, 2007, by and between BOISE VALLEY COMMONS, LLC, an Idaho limited liability company, whose address is 4751 N. Trotter Lane, Star, Idaho 83669, ("BVC" or "Grantor") and RAUDMAN AND YARNALL, LLC, an Idaho limited liability company, whose_ address is 1193 N. Creek Drive, Kuna, Idaho 83634 ("Raudman" or "Grantee"). RECITALS WHEREAS, BVC is the owner of certain real property located in Ada County, Idaho (the "BVC Tract"); WHEREAS, Raudman is the owner of certain real property located in Ada County, Idaho (the "Raudman Tract") adjacent to the BVC Tract; WHEREAS, BVC has granted to Raudman anon-exclusive easement for pedestrian and vehicular ingress and egress over a portion of the BV C Tract (the "Easement Area") for the benefit of the Raudman Tract, which easement was recorded on I 1(0 ~ `7 as Instrument No. ~ ~, records of Ada County, Idaho; and C (d7~7 lColo WHEREAS, Raudman wishes to obtain anon-exclusive easement under and across the Easement Area for domestic water lines, storm water lines, sanitary sewer lines, electrical wiring, communication and data wiring, and other utility services, and BVC has agreed to the same. EASEMENT NOW, THEREFORE, IN EXCHANGE FOR GOOD AND VALUABLE CONSIDERATION, FOR VALUE RECEIVED, BOISE VALLEY COMMONS, LLC, an Idaho UTILITYEASEMENT -1 limited liability company ("Grantor"), does by these presents, grant, bazgain, sell and convey unto the RAUDMAN AND YARNALL, LLC, an Idaho limited liability company, whose address is 1193 N. Creek Drive, Kuna, Idaho 83634 (the "Grantee"), a permanent non-exclusive easement and right of way, including the right to enter upon the real estate hereinafter described, and to construct, own, maintain, operate and repair subsurface domestic water lines, storm water lines, sanitary sewer lines, electrical wiring, communication and data wiring, and other subsurface utility services and allied facilities under and across the Easement Area more particularly described in Exhibit "A" attached hereto and' incorporated herein by reference (the "Easement Area"). Grantor and its successors and assigns covenant and agree #hat they shall not erect or construct any building, structure, or other improvements of any kind on or over the Premise"s, other than signage, asphalt paving, asphalt and concrete sidewalks, curbs and gutters, and landscaping. Grantor recognizes that if any other improvements of any nature are constructed on or over the Easement Area other than as permitted herein, Grantee shall not be obligated to repair or replace any such improvements which are removed, damaged or destroyed as a result of Grantee's use of this easement and right of way. Grantee shall only be responsible for backfill and compaction, and the repair and replacement of signage, asphalt paving, asphalt and concrete sidewalks, curbs and gutters, and landscaping removed or damaged by Grantee in its construction, operation, repair, replacement or maintenance activities. TO HAVE AND TO HOLD said easement unto said Grantee and its successors and assigns forever. IT WITNESS WHEREOF, the Grantor has executed this Non-Exclusive Utility Easement as of this ~'' day of April, 2007. RAUDMAN AND YARNALL, LLC BOISE VALLEY COMMONS, LLC y: Kevin C. Knighton Its: Manager UTILITYEASEMENT - 2 STATE OF IDAHO ) ss. CounTy of ~ ~a~~ On this ~ day of ~ ~T t ~ , 2007, before me, a Notary Public, personally appeared Kevin C. Kmg~h of n, lmown or identified to me to be the manager or a member of Boise Valley Commons, LLC, the limited liability company that executed the instrument or the person who executed the instrument on behalf ofsaid-limited liability company, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this„tie~ifl~t above written. Y.,~~~.~a e~i. ~ A~~9 ~®~,~, , ~ ~ ~~, ~° wage ~~~)ZR~ ~ s~~®p l~~'~~~a .-~ STATE OF ~,~i1fh1) ss. County of ) NOTARY PUBLIC FOR IDAHO Resldirig at JEANINE M. D. JOHNSON My Commission Expires: ,,,,,,,, ~~',,,, r,,,, ,,,.~„ .,,1208 On this 7 ~ day of ff/~i2>L , 2007, before me, a Notary Public, personally appeared Jeff Yamall, known or identified to me to be the manager or a member of Raudman and Yaraall, LLC, the limited liability company that executed the instrument or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same: IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBL~OR Residing at My Commission Expires: UTILITYEASEMENT - 3 EXHIBIT "A" The Easement Area consists of the following parcel: See attached Exhibit A. EX11iBIT A BVC TRACT See attached RECIPROCAL EASEMENT AGREEMENT - 6 EALEY'S .LAND 2501 bogus Basin Rd. • Boise, tdaho 83702 ,: ,_ L ,; A parcel pf krnd being a portion of..Lo# 1-and aA of Lot 2, Block 1 or Destination Place Sulidinsl9n, as filed forrecp[d m fhe.ofFce of ttizAda County RecoMer, Boise, {daho in Eio~t 93 ofplats atp~es'7.'119Q,through 11192 and a portion of ttie SE 1!4 SW 7f4, Section l 1~ ~"3N , R 1 E E tul Merid~an,'Ads .Camty, Idaho, as shown on Record of Survey No. ~g_ as'filed fior rewrd m the office of the Ada County Recorder, Boise, Idaho and 5 ~` ~ , mo[a:particularlyfescn¢edasf4lbws:. " CAMMElVCING at ~ brass .cap marking the comer common to Section 17, 18, 19, and 20~~Thenoe, ~ 5otdh boundary of said Sec~on 17 , ~. -.; South 8.9°52`19" East.1785.49.feet to a point on the Centerline of East Overland Road; `[Bence leaving card Ssiuth boundary at right angles and along tine Centerline of Southllitllenntum~(lfay , ' ~ ~ NQnh`o4°o741" F~est 45179.feet to a point on said Centerline- Thence leaving said ~`'; ` Cenkgim's at ngfit;3ngles and along She Soutii boundary of said Destination Place ?4 } Y : v j ; Y~ ~~oukh 89 5219" Fast 53 90 feet io a point marked by a 5J8' iron pin; Thence along feet m a point marked by a 5/S°iron pin; Thence leaving the VYest boundary of said Lot 1 feet to a point marked by a 5/8° iron pin, said point being 3 a point on a curve tb the right marked by a 5/8° ~ht witl~ a radius of 63.fxi feet, a central angle of ird.which bears a poirrt marked by a 5/8' iron pin; Thence leaving ~g the Nortli boundary of said Lot 1 and Lot 2 ~ a point maridng the beginning of a curve ~ the ytg said curve to the right with a radius of 93.00 of .159.95 feet, and a chord which bears o_a point marked by a 5/8" iron pin; Thence i=ast boundary of said Lot 2 ~: the Southeast tamer of said Lot 2 marked by a ~ndary and along the-South boundary of said Lot 2 o; ]he,$outhwest comer of said Lot 2; Thence Eestttoundary of said Lot 1 a. a,point on said Fast boundary marked by a 5/8° tJF BEGINNING. Said parcel of land contains 2.p0 acres more or less. U+XHISTT B RAUDMAN TRACT See attaehed RECIPROCAL EASEMEN'C AGREEMEL~IT - 7 TEALEY'S LAND 2sot Bogus Basin Ind. • Boisa, tdano es7r?z ~: SURVEYING (aea) 3s~-oc3e t=ax (ztla) ass-Dees Project No.. 3096 Date: October 31,2008 DESCRIPTION FOR PARCEL "A" A parcel of land being a portion of Lot 1, Block 1 of Destination Place Subdivision, as filed for record in the office of tfre Ada County Recorder, Boise, Idaho in book 93 of puts at pages 11190 through 11192 and a portion of the SE 114 SW 114, Section 17, T.3N., R.1E., B.M., Meridian, Ada County, Idaho, as shown on Record of Survey No. 'l lay $ as filed for record in the office of the Ada County Recorder, Boise, Idaho and more particularly described as follows COMMENCING at a brass cap marking the comer common to Section 17, 18, 19, and 20; Thence along the South boundary of said Section 17 South 89°52'19° East 1765.49 feet fa a point on the CenterYne of Easf Overland Road; Thence leaving said South boundary at right angles and along the Centerline of South Mil{ennium Way North 00°07'41" East 45.00 feet to a point on said Centerline; Thence leaving said Centerline at right angles and along the South boundary of said Destination Place S_ubdfvision South 89°52'19° East 53.80 feet to a point marked by a 5/8" iron pin, said point being the POINT OF BEGINNING; Thence abng the Southerly boundary of said Lot 1 North 44°52'2Y West 38.04 feet to a point marked by a 5/8"iron pin; Thence leaving said Southerly boundary and along the West boundary of said Lot 1 North 00°07'41' East 73.10 feet to a point marked by a 5!8" iron pin; Thence leaving said West boundary at right angles South 89°52`19° East 206.31 feet to a point marked on the Easf boundary of said Lot 1 marked by a 518° iron pin; Thence along-said East boundary South t~°07'41° West 100.00 feet to a point on the South boundary of said Lat 1 marked by a 5I8" iron pin; Thence leaving said East boundary and along said South basandary North 89°52'19° West 179.41 feet to the POINT OF BEGINNING, Said parcel of land contains 0,47 acres more or less, 43 aoaaPiar-a~.a~ a~w AFL ~I~x l S. NLLENNUN WAW _ _n •m•~r a za199• ~~ ``r • ~~ 4 4 _~ ~ \i 1n ~ o ~ \\~` \ \ ^ m I ' I I g^~ ii'pF~ ~1~ ~ \'1 .~ I ~ i i ~$`~ ^- S Y° II, 4 I X11 I to m ~ I I 11 = g~: I s~ ~ 1 ~_~ ~ D I I I > i , 1 ~ ~ ~ iw ^6> a li N i ~~ Z I~ R u 1 1 P~g I ~ . I ~~ it II s~^ a^~ - !~ I _ .m tai. ~ / ~, Zs Som] X 7 N 1 0 0 ] 0 0 85esE ~ p ~II ~a=~~ i I A r s ~ ~ ~ •,~- - - -- _ t ~ Z 5. [0.EBRATpN AvFMB ~•Q~ ~ F t ~„ _ _, •I ~\ a. a - # R4~i ~ •~ ~ S~jC lz Q ~~ ^. RR g39~ E Si~ eq ~~a F., ~~og o ~ sa rm. ~S~$ ~~ Y i Y 2~~ ~e '~S O ~+{ m ~ m ecw+ acy5 j y ~ 7~~~ gp~. O X~'bF m R D ada~ o ~ i=4~ ~ `~ ~~~ y ~ ~ ~ gs;~ ~ C gr!; ~ o 0 ~ ~ s "'~ as9k ~ ~ 3q~ 8 ~ ~ R Rq; 2 ~ '-~ 9P~^ D ;!I GFF~ 0 '8 D ~g A C N &6gy' m 9 y ~gi~, e ,~'~ ~K N g m ~"oggF" `i ~I r.. S~~i 4G ¢zi S {1 O SBS~ -] 6'~ ~ ~ -~ ;~€ ~ ~~~ j F za $ ~6i~~ ~~I 0 s +~~$ ~ ~g' a F ~~ A i Y Z $S ~ ~ E 'Y r 3• ~ as U ~ s o a~ 9 ~N i ~€ s ~~ -r a+ ~6 ~ 2$ 5.~ ?°n o ~€ ~ g sa ~~ ~~Vyy a iy yO MU LJ a ~~ MM ~ y~ LJ H N c z z ~' ~, x.~a ~~ Zpt7 ~g ~ ~ ~~ y 7y ~ O 1~1 z y C s~ yn ap 3 ~ ~Qi z ~ ', oy c b~ ~z I 0 PF7 t DEC-19-2006 10:26`...9 McKesson Flr chiteat ~ 2054248609 P.@2 B. S A. Eegiett.ers, lea. Con~ulllnq Englnsen, Burreyon ti Phnnsn 66114 West Pr~nklln RONd Boiq, In tiBiDti Yoler: 206.643.3661 Fay: 206.3~1.67t12 Web: http:!lrw9r.p~~nginerirs.oom Cross Access Agreement between Dutch Bros.., Overland And Boise_Vailey Commons, L.L.C. December 2006 A parcel of tend fxing a portion of Lot 1, Block 1 of 17estination Pleca Subdivision (as shown in book 93 of plats at page 11190 on flie whh the Ada Courriy Recorder's office}, situate in the southeast quarter of the southwest quarter of Section 17; Township 3 North, Range 1 Eaet, Boise Mertdlan, Mtxldlan city, Ada courrty, Idetw, being more particularly tlescribed.es follows: Commencing et the southwest comer of said Section 17; thence 389°82'19°E, 1,796.49 feet along the southerly boundary of said Section 17 to the centerline of South Mlllennlum Way; thence NDO°07'41'E, 293.79 feet along the rx>,rlterlinb of South Millennium Way to s point of curvature; thence S89°62'19"E, 27,00 feat to a point of curvature on the easterly right-of-way of said South Millennium Way and the weeleriy bcurrtlary lure of Bald tot 1; thence S00°07'41"W, 53.78 feet along the eaatady right-of-way of said South Millennium Way to the PD/NT (?FBEGfNNING. Thence 589°62'19"E, 37.76 feet along a line perpendicular to the easterly right-of-way of said South M~lennium Way; Thence S00°07'411N, 84.26 feet along a line parallel to the eaeteriy right-oFway of said South Millennium Way; Thence 11,83 feet along a tangent [verve deflecting to the left with a central angle of 42°21'19", a radius aP 18.00 feat, a tangent of 8.20 feet and a long chord of 11.5E feat beadng S21°02'68°E; Thence N89°52'19°4V, 41.94 feet along a Ilse perpentlk:ular to the easterly tight-of-wey of said South Millennium Way; Thence N00°07'41'6, 98.03 feet alon® the eastery right-of-way of sold South Millennium Way to the POINT OF BEGlNN/NG. Camprlsing 3603 square feet more or loss. Subject to a 10.00 foot wide landscape buffer easterty of and adjacent to the entire easterly right-af-way of South Mlllennlum Way. -EC-14-2@06 10:27 H.. McKesson Architect 2@04248609 P. 03 X ...~+ ,~~ ~' ~,M~B. 0 40 B8 ~ HoRIZ. SGAL.E:1-INCH = 40-FEET NORTH B. S A. Englneews, Ins. Contrutw finan~,.~+rvevot• # Plennsts SSOS IAlss! FreMdln Rued Bales, ID 99783 Voles: 208.949.3991 Feat: 208.542.3792 VYep: MI~JUr.'w•hgtlg4+snsAtxn 4 ~. W Ln CROSS A(~ES~ At;RF~MENT A PARCEL OF LANG 9EING A PORTKNV OF LOF 1, 9LDCK 1 ~ DESTINATION PLACE SUBDIVISION {AS SHGWN 1M 800K 93 DF PLATS AT PAGE 11796 GN FILE WITH THE ADA CDUNTY RECORDERS OFFlCE), SITUATE IN THE SDUTHEAST QUARTER QF THE SOUTHWEST QUARTER OF 5ECTi0p1 17, TDWNSHIP 3 Nt]RTFt RANGE 1 EAST, BOISE uERIDIAN, MERIDIAN CITY, ADA CWNTY IDAHO CUR TABLE URVE TA RADIUS ARC TANGENT C. ING .LENGTH Ct A '1 ' 1 11.83' 8.20' S21' ' 11 C2 '8P2T15`_ 83,ee' ~~' _ 54>7A' R~l!`Rt'19"ly 82.21' ,e ,z W' OVERLAND ROAD +• eA918 aPelEARReO eTO.ea' 17 1p 2D - se~'m't9'e.neee.tx' EXHIBIT C EASEMENT AREA That certain strip of land situated on the BVC Tract, more particularly described as follows: See attached. RECIPROCAL EASEMII9T AGR1.IIv4'NT - 8 SCDEDULE 1 RAUDMAN TRACT EASEMEPIT AREA That certain strip of land situated on the east boundary of the Raudman Tract, more particulazly described as follows: A pazcel of land being part of the Raudman Tract located on the North East side of the Raudman Tract shall be constructed a "Driveway" 25.0 feet wide not to. extend beyond the legal boundaries ofthe Raudman Tract. Driveway is to be used as future cross access between BVC Tract and Raudman Tract upon improvement ofthe BVC Tract. The Driveway is depicted on the attached drawing, as the cross-hatched azea in the northeast portion of the Raudman Tract. _ _ - -- -- / ~ / ~ ~ _, i I ~ ~ ' r ~ ~ ~ W ~ W ~Q w~ I~ z ~~ W -l ~~~ ~~ DYERLAND RD Sonya Wafters From: Sonya Watters Sent: Tuesday, January 31, 2012 1:11 PM To: 'Dawns Jenkins' Subject: Majestic One. more thing...can you please have your lighting engineer verify that the proposed light fixtures over 1,800 lumens meet the requirements of UDC 11-3A-11 (they have an opaque top to prevent uplighting; the bulb isn't visible fr has a full cutoff shield) Thanks, sow~a Wattevs AsSOCiate City Planner CITY OF MERIDIAN Community Development Department 33 E. Broadway Avenue, Ste. 102 Meridian, ID 83642 208-884-5533 phone / 208-888-6854 fax 1 Sonya Wafters From: Sonya Watters Sent: Tuesday, January 31, 2012 1:00 PM To: 'Dawna Jenkins' Subject: RE: Majestic CZC Did you ever hear back on the cross-access easement; whether or not it has been recorded? Also; I noticed that the easement depicted on the site plan does not appear to match that shown on ROS 8511...it appears to run along the east boundary but on the site plan it appears there's a gap between the easement @ the property line.... from: Dawna Jenkins [mailto:dawna-larsonarc@cableone.net] Sent: Monday, January 30, 201210:57 AM To: Sonya Watters Subject: RE: Majestic CZC Thanks I will drop them off later today. Dawna From: Sonya Watters [mailto:swatters@meridiancity.org] Sent: Monday, January 30, 2012 10:52 AM To: Dawna Jenkins Subject: RE: Majestic CZC 4 copies of the revised site plan fr landscape plan; and 2 additional copies of the elevations. From: Dawna7enkins [mailto:dawna-larsonarc@cableone.net] Sent: Monday, January 30, 2012 9:55 AM To: Sonya Wafters Subject: RE: Majestic CZC Sonya, How many copies do you want of the revised site and Landscape plans? The Owner will leave it up to future tenants if they want to add an awning to the north side of the building. Thanks Dawna From: Sonya Watters [mailto swatters@meridiancity.org] Sent: Thursday, January 26, 2012 8:55 AM To: Dawna Jenkins Subject: RE: Majestic CZC I reviewed the site plan and everything looks good except: • The buffer along Cinema 8 Millennium needs to be widened to 12' for vehicle overhang if wheel stops aren't provided • The pedestrian walkway from the perimeter sidewalk to the building appears to be striped; it's required to be pavers, colored or scored concrete, or bricks, per UDc 11-3A-19A.4 (paint isn't an option b/c it wears off). Are you adding an awning to the north elevation? 1 Also, please add some additional landscaping around the transformer so that it's out of view from the street, per UDC 11-3A-12. Thanks, Sonya From: Dawna Jenkins [mailto:dawna-larsonarc@cableone.net] Sent: Wednesday, January 25, 2012 4:36 PM To: Sonya Wafters Subject: FW: Majestic CZC Sonya, ~ This is what the Engineer sent me on the easement. Also, on'one of the review items it states, "wheel stops need to be provided for parking spaces that abut the street buffer' .. if the buffer is 10' (larger thari T required) do we need wheel stops? Thanks Dawna From: David Marks [mailto:dmarks@tealeys.com]. Sent: Wednesday, January 25, 2012 4:04 PM To: Dawna Jenkins Cc: kevinknighton55@hotmail.com Subject: RE: Majestic CZC Dawna, We don't have the easements depicted with "Inst. No.' " on ROS 8511. Kevin Knighton may have a copy although the cross access easements noted on ROS 8511 may not have ever been recorded. We supplied new exhibits in 2011 for the cross-access easement to the east that you have shown on your base map but that was done after ROS 8511. We did not receive a copy of the recorded easement but Kevin should have access to it. Please call if you have any questions, Dave Marks Tealey's Land Surveying (208) 385-0636 Office (208) 385-0696 Fax From: Dawna Jenkins [mailto:dawna-larsonarc@cableone.net] Sent: January 25, 2012 3:38 PM To: David Marks Subject: FW: Majestic CZC Dave,. Do you have a copy of the cross-access easement? Thanks Dawna From: Sonya Wafters [mailtoawatters@meridiancity.org] Sent: Wednesday, January 25, 2012 11:17 AM To: Dawna Jenkins Subject: RE: Majestic CZC Do you have a copy of the recorded cross-access easement to the south & east? It's noted on ROS#8511 but there is no instrument #.... thx! From: Dawna Jenkins [mailto:dawna-larsonarc@cableone.net] Sent: Wednesday, January 25, 2012 826 AM To; Sonya Wafters Subject: RE: Majestic CZC Hi Sonya, The Owner is going to put in a Subway sandwich shop on the south end of the building; it will take up 1,745 s.f. There are no tenants for the balance of the building yet. Thanks Dawna From: Sonya Wafters [mailto:swatters@meridiancity.org] Sent: Tuesday, January 24, 2012 6:36 PM To: dawna-larsonarc@cableone.net Subject: Majestic CZC Hi Dawna, I'm working on the CZC application you submitted for the Majestic multi-tenant shell Et core and was wondering if they have specific users yet? Thanks, sow~a wattevs Associate City Planner CITY OF MERIDIAN Community Development Department 33 E. Broadway Avenue, Ste. 1 02 Meridian, ID 83642 208-884-5533 phone / 208-888-6854 fax Sonya Wafters From: Sonya Wafters Sent: Wednesday, January 25, 2012 12:15 PM To: 'Dawns Jenkins' Subject: Majestic Multi-Tenant Shell & Core CZC gonna, I've reviewed the CZC & DES applications and need the following revisions to the plans: . vThe scale (or the printed version) is off on the site `plan ./ All 2-way drive aisles are required to be 25' in width (the northern drive aisle is 24'); revise SP Ft LP • The street buffer landscaping along Millennium li Cinema is required to be a minimum of 10' in v~vidth (the LP calls out 9' along Millennium & 5'-20' along Cinema) measured from the back of sidewalk; revise SP & LP • .The parking requirements for commercial districts is 1 space per 500 s.f. of gross floor area; revise the "site data" on the LP & SP • /The sidewalk around the west l} north sides of the building either needs to be widened to 7' to allow for vehicle overhang, or wheel stops need to be provided (the sidewalk on the N. side of the bldg is only 5' & the sidewalk on the W. is only 6' in some areas). Parking stalls may be reduced to 17' in length if no wheel stops are provided !t the sidewalk is widened to allow for overhang. Revise SP Ft LP ./ Bicycle parking is required to be provided in accord with UDC 11-3C-5C; revise SP •,~ Wheel stops need to be provided for parking spaces that abut the street buffer, or the adjacent buffer may be widened 2' to allow for vehicle overhang & the spaces may be reduced 2' in length (UDC 11-3C-5B-4) • The internal pedestrian walkway that connects to the main building entrance(s) from the perimeter sidewalk ~ shall be a minimurrl 5' in width & be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks in accord with UDC 11-3A-19A4. i. For unity ft consistency, consider providing an awning over the windows on the north elevation. Also, please submit a recorded copy of the cross-access easement between the properties to the east & south. If you have any questions, please let me know. Thanks, sow~a wafters Associate City Planner CITY OF MERIDIAN Community Development Department 33 E. Broadway Avenue, Ste. 1 02 Meridian, ID 83642 208-884-5533 phone / 208-888-6854 fax Sonya Wafters From: Sonya Watters Sent: Thursday, January 26, 2012 8:55 AM To; 'Dawna Jenkins' Subject: RE: Majestic CZC I reviewed the site plan and everything looks good except: e/The buffer along Cinema 8 Millennium needs to be widened to 12' for vehicle overhang if wheel stops aren't provided •~The pedestrian walkway from the perimeter sidewalk to the building appears to be striped; it's required to be pavers, colored or scored coricrete, or bricks, per UDc 11-3A-19A.4 (paint isn't an option b/c it wears off). ~re you adding an awning to the north elevation? ~tso, please add some additional landscaping around the transformer so that it's out of view from the street, per UDC 11.3A-12. Thanks, Sonya From: Dawna Jenkins [mailto:dawns-larsonarc@cableone.net] Sent: Wednesday, January 25, 2012 4:36 PM To: Sonya Watters. Subject: F-VV: Majestic CZC Sonya, This is what the Engineer sent me on the easement. Also, on one of the review items it states, "wheel stops need to be provided for parking spaces that abut the street buffer" ... if the buffer is 10' (larger than 7' required) do we need wheel stops? Thanks Dawna From: David Marks [mailtc:dmarks@tealeys.com] Sent: Wednesday, January 25, 2012 4:04 PM To: Dawna Jenkins Cc: kevinknighton55@hotmail.com Subject: RE: Majestic CZC Dawns, We don't have the easements depicted with "Inst. No. " on ROS 8511. Kevin Knighton may have a copy although the cross access easements noted on ROS 8511 may not have ever been recorded. We supplied new exhibits in 2011 for the cross-access easement to the east that you have shown on your base map but that was done after ROS 8511. We did not receive a copy of the recorded easement but Kevin should have access to it. Please call if you have any questions, Dave Marks Tealey's Land Surveying (208) 385-0636 Office (208) 385-0696 Fax ADA COUNIY RECORDER J: uAVID NAVARRO AMOUNT 48.00 i6 BOISE IDAHO 01/18107 03:10 PM DEPUTY 8annie Oberbillig III IIIIIIIII~IIillllllllllllllll II III AECORDEO-REgUEST OF 107007166 Record;n8 aeyneared By, Rautlman & Yarnall And When Recorded - Renun To; Rendomn and Ya<oeR, Lr.C, 1193 N Creak Ikive, Knee, Ideho 83634 NON-EXCLUSIVE EASEMENT AGRF.F.MF.NT THI5 NON-EXCLUSIVE EASEMENT AGREEMENT ("Agreement") is made and entered into as of this ,lCa day of January, 2007, by and between BOISE VALLEY COMMONS, LLC, an Idaho limited liability company, whose address is 4751 N. Trotter Lane, Star, Idaho 83669, (`BVC" or a "part}l') and RAUDMAN AND YARNALL, LLC, an Idaho limited liability company, whose address is 1193 N. Creek Drive, Kuna, Idaho 83634 (`Baudman" or a `~art3~'). 1. RECITALS; A. BVC is the owner of that certain real property located in Ada County, Idaho, more particulazly described as follows (`BVC Tract" or "I'lad"): See Exhibit A attached herewith and inwrporated herein by reference. B. Raudman is the owner of that certain real property located in Ada Comity, Idaho, more particularly described as follows ("Raudman Tract" or `°Trad'~: See Exhibit B attached herewith and incorporated herein by reference. C. BVC has agreed to create anon-exclusive easement for pedestrian and vehiculaz ingress and egress over a portion of the BVC Tract for the benefit of the Raudman Tract. 2. AGREEMENTS: NOW, THEREFORE, in consideration of the premises and other good and valuable . consideration, the receipt and sufficiency of which ate hereby arknowledged, the•parties intending to be legally bound agree as follows: A. Gmut of easement by BVC: BV C hereby grants and conveys to ]taudman, its employees, invitees, and successors in interest, for the benefit of and as an appurtenance to the Raudman Tract, a non- exclusive easement for vehiculaz and pedestrian ingress and egress over and across those portions of file BVC Tract more particulazly described in Exhibit C attached hereto and incorporated herein by reference, and hereafter identified as the "Easement Area", together with the right to construct, pursuant to Section 3 hereof; an asphalt driveway and related improvements upon, over and across the BVC Trail Easement Area. B. Provision for Future Easement: Raudman hereby grants and conveys to BVC, its employees, invitees, and successors in interest, a light of ingress and egress from the BVC Trod into and from Ure 13audman Trail over a driveway located in the Northeast corner of isle Raudman Tract as depicted in Schedule 1 attached hereto and incorporated herein by reference. 3. CONSTRUCTION WORKAND MAINTENANCE; A. BVC and Raudman hertby agree that the initial construction ofthe asphalt driveway, not to exceed four thousand (4,000) square feet (the "Driveway"), within the Easement Area shall be performed by Raudman. )3audman agrees to provide BVC with firm quotes for the cost. of construckion, and BVC shall have Ure right to accept or reject the same within fourteen (14) days of receipt. BVC agrees to reimburse Raudman for one-half (1/2) of the approved actual and reasonable cost of design, engineering, constriction labor, and construction materials for the construction of the driveway, within thirty (30) days after completion of such construction. B. Thereafter, ]Zaudman shall maintain and keep the Driveway in good repair, and shall keep the Driveway free and clear of snow, ice, rubbish and obstructions of every nature, and shall maintain adequate drainage and,. as required, lighting thereon. All work performed in the mairnenance, repair or replacemern of the Easement Area shall be performed in a good and workmanlike manner in compliance with all applicable governmental requirements, and in such a manner as to minimize interference with the operation of any business located on either tract. In the event that Raudman defaults in the performance of any of its obligations -set forth in this paragraph, BVC, upon giving Raudman not less than thirty (30) days prior written notice (except that only such notice as is reasonable, if any, need be given in the event of an emergency threatenin person or property), shall have the right (but not the obligation) to perform the obligations of Raudman at hs sole Bost and expense subject, however, to reimbursemern by Raudman of the cost of performing said obligations within thirty (30) days after receipt of copies of all invoices, statements or other documents supporting same. C. The party performing any ofthe work described in this Agreement ("Contracting Party") shat] not permit any liens to stand against any tract (other than its own tract) for any work done or materials fiu-nished in wnnection therewith. The Contracting Party shall indemnify, defend and hold harmless the other party to this Agreement from any and all liability, claims, damages, expenses (including attorney's fees), liens, claims of lien, judgments, proceedings and causes of action of any kind whatsoever arising out of or in any way connected with the performance of such work, unless caused by the willfiil or negligent act or omission of the indemnified party, its agents, contractors, subcontractors, tenants, subtenants, or employees. 4. NO PUBLIC DEDICATION All rights of ingress and egress grarrted herein shall be held in common by BVC and Raudman, their successors, tenarns, subtenants, agents, contractors, subcontractors, employees, customers,. invitees and licensees. However, nothing contained herein shall be deemed to constitute a gift or dedication of any portion of the BVC Tract or the Easement Area to the general public or for the general public or for any public purpose whatsoever, it being the intention of the parties that this Agreement shall be strictly construed to and for the purposes herein expressed.,. 5. COVENANTS RUN WITH THE LAND; All of the easements contained herein shall run with, and be appurtenant to, title to the BVC Tract and Raudnuur Tract, and shall run with, and constitute a burden upon, title to the respective Tracts. 6. SUCCESSORS AND ASSIGNS: This Agreement and all of the terms, covenants, conditions and agreements contained herein shall inure to the benefit of and be binding upon the parties, their heirs, personal representatives, successors and assigns, and upon any person acquiring a tract, or any portion thereof, or any interest therein, whether by operation of law or otherwise; provided, however, that in the event a party disposes of its interest in a pact, said pazry shall thereupon be released and discharged from any and all obligations in connection with said tract arising under this Agreement from and after the date of disposition of said interest, but shall remain liable for all obligations, actual or contingent, in connection with said tract arising under this Agreement prior to the date of disposition of said interest. 7. INJUNCTIVE RELlE1+: In the event of any violation or threatened violation by any person of any of the terms, covenants, conditions or agreements contained in this Agreement, any or all of the parties hereto shall have the right to enjoin such violation or threatened violation in a court of competem jurisdictaion. The right of injunction shall be in addition to all of the remedies set forUr in this Agreement or provided by law. 8. BREACH SHALL NOT PERMIT TERMINATION: h: is expressly agreed that no breach or default in the performance of any of the terms, covenants, conditions or agreements set forth in this Agreemerrt shall e~tle any party to temrinate this Agreement, but such limitation shall not affect in any manner any other rights or remedies which such party may have hereunder by reason of any such breach or default of this Agreement. 9. THIRD PARTY BENEFICIARY: 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 unless otherwise expressly provided herein. 10. DEFAULT: No party shall be deemed to be in default of this Agreement except upon the expiration of thirty (30) days (ten (10} days in the evettt of failure to pay money) from receipt of written notice from any other party to this Agreement specifying the particulars in which such parry has failed to perform the obligations ofthis Agreement unless such party, prior to expiration of said thirty (30) dayperiod (ten (10) day period in the event of failure to pay money), has rectified the particulars specified in said notice of default. However, suc]r person shall not be deemed to be in default if such failure (except a failure to pay money) cannot be rectified within said thirty (30) day period and suc]r parry is using good faith and its best efforts to rectify the particulazs specified in said notice of default. 11. NOTICES: All notices given pursuant to this Agreement shall be in writing and shall be given by personal service, by United States mail or by United States express mail or other established express delivery service (such as Federal Express), postage or delivery charge prepaid, return receipt requested, addressed to the appropriate party at their address set forth above. A. The person and address to which notices are to be given may be changed at anytime by any party upon written notice to the other party. All notices given pursuant to this Agreement shall be deemed given upon receipt. B. For the purpose of this Agreoment, the term "receipt' shall mean the eazlier of nay of the following: (i) the date of delivery of the notice or other document to the address specified pursuant to this Section 11 as shown on the return receipt, (ii) the date of actual receipt of the notice or other document by the person or entity specified pursuant to this Section 11, or (iii) in the case of refusal to accept delivery or inability to deliver the notice or other document, the earlier of (A) the date of the attempted delivery or refusal to accept delivery, (B) the date of the postmark on the return receipt, or (C) the date of receipt of notice of refusal or notice of nondelivery by the sending party. 12. WAIVER: The failure of a party to insist upon strict performance of any of the terms, covenants, conditions or agreeme~s wnfained herein shall not be deemed a waiver of any rights or remedies that said party may have, and shall not be deemed a waiver of any subsequent breach or default in the perform?mcP of any of the terms, covenants, conditions or agreements contahred herein bythe same or any other parry. 13. ATTORNEY'S FEES: In the event a party initiates or defends any legal action or proceeding to enforce or interpret any of the ternrs of this Agreeme~ the prevailing party in any such agion or proceeding shall be entitled to recover from the losing party its reasonable costs and attorney's fees (includmg its reasonable costs and attorney's fees on any appeal). 14. SEVERABILITY: If any tens, covenant, condition or agreamerrt of this Agreement, or the application of it to any person or circumstance, shall to any extent be found to be invalid or unenforceable, the remainder of this Agreement, or the application of any such term, covenant, condition or agreement to persons or circumstances other than those as to which it is found to be invalid or unenforceable, shall not be affected thereby, and each such term, covenant, condition and agreemem of this Agreement shall be deemed valid and shall be enforced to the fullest extent permitted by law. 15. CAPTIONS AND HEADINGS: The captions and headings in this Agreement aze for reference only and shall not be deemed to define or limit the scope or intent of any of the temrs, covenants, conditions or agreements contained herein. 16. ENTII2E AGREEMENT: This Agreement contains the entire agreeme~ between the parties and supersedes all. prior agreements, oral or written, with respect to the subject matter hereof The provisions of this Agreeme~ shall be construed as a whole and not strictly for or against either party. 17. CONSTRUCTION: In wnstruing the provisions of this Agreement and whenever the context so requires, the use of a gender shall include all other genders; dre use of the singulaz shall include the plural, and the use of the plural shall include the singular. 18. MODIFICATION: This Agreement may not be modified in any manner whatsoever except by written instnmzent duly executed by each of the parties hereto. 19. RECORDATION: This Agreeme~ shall be recorded in the Public Records of Ada County, Idaho. BOISE VALLEY COMMONS, LLC y: Kevin C. Knighton Its: Manager RAUDMAN AND YAttNALL, LLC STATE OF IDAHO ) ` ss. County of cCiL On this ~~-`day of _~2~uc¢~-~ , 2007, before me, a Notary Public, personally appeazed Kevin C. Knighton, own or identified to me to be the manager or a .member of Boise Valley Commons, LLC, the limited liability company that executed the instrument or the person who executed the. instrumern on behalf of said limited liability company, and acknowledged to me that such limited liability~company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz in this certificate first above written ...,,,~ ,~ ~~,~ H~ NOT~Ry 1Nr ~'~ ~, A~~L~~ `~TB Av t0* STATE OF IDAHO NOT Y PUBLIC FOR IDAHO Res ng at My Commission Expires: ?>~3 ~P / ss. County of ~da. ) On this ~~day of ~LfLCII 2007, before me, a Notary Public, personally appeazed Jeff Yamall, known or i entified to me to be the manager or a member of Raudman and Yarnall, LLC, the limited liability company that executed the instrument or the, person who executed the instnunent on behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz in this certificate first above written. /,p0 NOT PUBLIC FOR~~L'<ko0 Residing at ~p'tARY = My Commission Expires: GL3 08 ~D/.2-- ~•~ _ G I'UII~'~ O J~~, 0~~' AT& O4 ~x~iT n svc~rxncr s~ ana~nea RECIPROCAL EASEMENT AGREEMENT - 6 s'e.>`: ~, a ~ s, TEALEY'S LAND ~SOt Bogus Basin Rd. + Boise, Idaho e3toa ~~ n '-~ ,. ~ ~, ~ ~ ~ ~ SLIRVEY~NG ( mss a,:~ti .ry.E\F J, s~ ~ S. - ~~ `a'-A..[\ 1.u~t_A:-+: -j:::'yl - `~i~l. - L~ /,gyp ~l ixs' a ~_-_ "-p ~" qr r i ]~;,~ b !Pate {ic~tobet3~ 2006 , ~,.z ~ -~ _ ~ X434' z +~ ~ v •_ ~- 4 `~ 'DESCRIPTION ~ , i ., ~ ~ . A ~ppt j. ~ ~ , _ i .. ~~~R A. `~~ ~, _ PARCEL "B" ~~ ~ } ~~y - w, j ~, ~ y ~ tiA ~arcel~f land begig a portion of Lot 1 and aQ of Lot 2, Blair 1 or Destination Place ``` ~, ~~, _ ~'~"ul~d~rl~An, ~s filed for~ecord m tlie. ~ce of~ttie Ada County Recorder, Boise, Idaho in ~Y' ,~ book,93 of~`~lats at~ages.'1~i90;thrQUgh 11192 and a portiar of the SE 1/4 SW 1/4, Section ~~, ~ ~ ' 17 'T~SN ~ 1E B.J~! fJlendian,'Ada County Idaho, as shoxm on Record of Survey No. ., ~ ~ ~ ~ } asi-iledfor pecoed 'et tree office of the Ada County Reorder, t3oise, Idaho and -~ ~- , , ~ 4"Rtore par~CUlarly described ae folbws: - z z~ zhT~ 4 - ; `~fJMry1~NCING 8ta brass cap marking the Omer common to Section 17, 18, 19, ~~.`.` w ~,., ~ntl~t)-'T~~oe,tithe,SafdhhoundaryafsaidSeclionl7 ~,`., ~ y - ~ ' ~ , ~ . ~ulh ~°52';L~' East 17:85.49 feet to a point on the Centedir~ of East Overland ~;~y. ~ ~4 ' JioaQ ~tie<rce leawrrg said.ScuCr boundary at right angles and along the Centedine of ~ -~~z k ~ SolilhlA~p~nnlum ~1llaY : ~ ; - ~iti ~ ' ` ~ ~~>3 o`tl7``'QO°07'~~'r East 45 00 feet iq a point on said Centeriine; Thence leaving said ~y ~sne at right angles acrd along the 5outti boundary of said Destination Place U~ ' i - ~ IOn ~ .:- .. ~~ ~ , ~ ,South 89s,52'~9' East 53.90 feet to a point marked by a 518' irar pin; Throe along a~~~ ~ , . th®'Sottrfierl~rtiogndary ofsaid i..ot 1 <,- ,:. iVt~, ~4, 5222"?INest ~B,p4 feet to a point marked by a 5/8"iron pin; Thence leaving ~` ` ; ,~ ~ ~~ ~ boundary and akmg the Vilest boundary of said Lot 1 a a ~;~ ' ~„_ ' ti,~'~, ,~~{~0~~0.07`41 ,East 73.10 feet to a point marked by a 5!6° iron pin, said point berrrg a point on a curve fo the right marked by a 518' rt with a radius of 63.00 feet, a cerrb'al angle of a.which bears i point marked by a 5/8° iron pm; Thence leaving I the North boundary of said Lot 1 and Lot 2 a pant madang the beginning of a carrve fo the- ig said rarrve to the right with a radius of 93.00 >f 159.95 feet, and a Ghord which bears a point marked by a 518° iron pin; Thence East boundary of said Lot 2 [be Southeast comer of said Lot 2 marked by a idary and along the South boundary of said Lot 2 "the,$outtryvest comer of said Lot 2; Thence ~stboundary of said Lot 1 a_{Ipint on said East boundary marked by a 5/8' OF BEGINNING. -- ' ' - - -- ' . ,Said parcel of land contains 2.00 acres more or less. EXIDBIT B RAIIDMAR TRACT SeeaUached RECIPROCAL EASEMENT AGREEMENT- 7 TEALEY'S LAND 2501 &~us basin Rd. • Boise, Idrit,o a37uz SURVEYfNG (2oaj acs-ease Fax (zoa- assasss Project No.: 3096 Oate: October 31, 2006 DESCRIPTION FOR PARCEL "A" _ A parcel of land beurg a portion of Lot 1, Block 1 of Denination Place'SUbdivision, as ' find for record in ttre office of the Rda County Recorder, Boise, Idaho in book 93 of plats at pages 11190 through 11192 and a portion of the SE 714 SW ti4, Section 17, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho, as strown an Record of Survey No, rl toy 8 as filed far record in the office of the Ada County Recorder, Boise, Idatw and more partiwlariy described as follows: ' COMMENCING at a brass cap marking the comer common io Section 17, 18, i9, and 20; Thence along the Sou9t boundary of said Section 17 Soufh 89°52'19° East 1785.49 feet fio a point on t(re Centerine of Fast Ovedand Road; Thence leaving said South boundary at right angles and along the Centerline of Soutii Millennium Way North 00°07'41' East 45.00 feet to a point on said Centedine; Thence leaving said Centerline at right angles and along the South boundary of saKt Destination Place Subdivision South 89°52'19' East 53.90 feet to a point marked by a 5B' iron pin, said point being the POINT OF BEGINNING; Thence alor~ the Southeriy boundary of said Lot 1 North 44°52'22' West 38.04 feet to a point marked by a 5/8iron pin; Thence leaving said Southerly boundary and along the West bamdary of said Lot 1 North 00°OT41' Fast 73.10 feet fo a point marked by a 5/8" iron pin; Thence leaving said West boundary at right angles South 89°52'19' East 206.31 feet to a point marked on the East boundary of said Lot 1 martced by a 518° iron pin; Thence along said East boundary South ~°OT41' West 100.00 feet to a point on the South boundary of said Lot 1 marked by a 518° iron pin; Thence leaving said. East boundary and along said South bqugdary ' North 89°52'19° West 179,41 feet to the POINT OF BEGINNING, Said panel of land contains 0.47 acres more or less, 3096~pateae~.doc-anw ~gA^~ ?~;^~ ~~~~~ x;$ ~a~~~ 0 I fi ~<° c~p~ ~~s .~ 9. AIIFtYlOA MY - •mros•me xun• _ ~~ \ vsn• \ - -- ~ a i -- ~\~ ~\ Aga { `~ t s II &`- ~~R~ 1 .1 s II ~~ ~ ' acs 1 i 1 I I ~A5 ~ d~" ~~ 1 li s II ~ ~ = 11 l ~ I I ~ 1 iv 1 1 Iz 1 II IYs i vwro ,~ nr ~•~ti~ alp II s00.0)'MM YIO~°- rn w~U] 1 °r ~' ~~ z ~ ~ I f s l~~ s i o Is~m~ 1 1f ° a 1 ~ 1 3R~$~ I~ I ~ I I~ I I ~ w I= .. I t 1 ~y~~G o~ a g i ~ f~' I•i ~ I I~F~~ e ~ I ` W_ €~rx I . 1 ~ o ~ f l ~xa a::a I ~ ~ ~ ~> .n 0 v ~~ I~ x 0 W V N e a 0 0 ~~~~~~~° I ~ I~ I ~~~g i ~~ f ne ° ~ b _~- _-_ \ ~ ~ - s oo•orss+ r z 2 S. CFLF$lFlgH AVErAff ~'.R• ~ n Fq~ ~ e _ ~^`~ \ ~' ~-_ \~ +~ (' +;: ~ s $~~h ~ ~~ 38 ~ ° ~• C ~ -f'~, v w~e ` Eo i a~ m ` e~~~y ~~~ ~ m ~ ~°B' A ~ ~~~~ ~ ~Y~g~ '~ ~ Q a$€~ $g~g3~^ $ y N F - l F'k~~ O v €8Fy g~ ~ u : ~ yyAg~ 6$~~ Z ~ ~ , t'tq e ,S'1 Y~~= O E ~ €€ id~ia. ~ " ) ~zi~~ a `' ~ s~~: ~a ~ .,as ~: ~ '~~ ~ ~ 9 . 33gg ~P ~ "k S$ i ~ f :~ as ~~2 3~ ~i Sa 7 .~ €s ~~ ~~ ~~ A ~~ F y c i O g r & £ 4 = a sa >z a xF~ a~ g ~~a'~~ ~ ~~~~~_~ ~~ 6 ~ ~~: ~ Flo 3 ~ ~~ F F; i x aB 38 ~ x ~` ¢_^ & ~~ ~ ~ i; q s ~~ s ~ $~ ab x z 0 ~~ e~ N ~~ m~ t ~ ~ s~~ ~g~ y ,~' ~g x r z A d ^N^ Mt x y s-3 ~ O M z Lam/, ~3 ~m yn Ap ~O 4N s Op ~~1 `~ EXHIBPT C EASEMENT AREA That certain strip of Iand situated on the BVC Tract, more particularlg described as follows: See attached. RECIPROCAL EASEb1E1dT AOREEIvffidT - 8 DEC-19-2006 19 -26~ MoKaeean Architect 084248689 P_62 B. ~ /l. Englnners, Inc. Comutanp Enplnna, aurv~yer. i Pl.nn~n 6Ep6 W~at Pnnkpn Raid aWu, r0 0870q VNq:206.943.9~81 Fox:20a.S42.57@2 W~h: hStp:lhnvwA~~npln~m.aam Grass Access Agreement t~etween Dutch Bros. ~- Overland And Boise Valley Commons, L.L..C° December ZOOfi A parcel of land beUrg a pordon of Lot 1, Block 1 of Oeatination Place Subdivision (as ahoMrn in book 93 of plats at page 11196 on file with the Ada County Recorder's oAfor;); situate in the south~st quarter of the southwest quarter of Section 17, ToWrfshlp 3 North, Range 1 East, 9oiee Meridian, Meridian city, Ada county, Idaho, being more pertlculady desorihed as follows: Cammancing at the souttnrest comer of said Section 17; thence S89°82'19'E, 1,785.49 feet along the southerly boundary of said Section 17 to the centerline of South Millennium Way; thence N00'07'41°E, 293.79 feet along the oerrterline at South Millennium Way to a pohu of ~rvature; thence S89°52'19'E, 27.06 feet m a point of curvature on the easterly right-of-way of said 9euth Millennium Way antl the westerly boundary line of sakt Lot t; thence S00°07'41"W, 53.79 feat along Iha eastedy rtght-of-wey of said South Millennium Way to the PpfNT ~ BEGINNNVIG Thence S89`52'19"E, 37.78 feet along a fins perpendicular to ftro easterly right-of-wey of said South Millennium Way; Thence S00°07'41'W; 84.25 feet along a line parallel to tfie easterly right-of-way of said South Mllknnlum Way; Thenoe 11.83 feet along a tangent arrve deflar#ing to the left with a central angle of 42°21'19', a radius of 16.00 feel, a tangent of 8.20 feet and a long chord of f 1.58 fast bearing S21°02'58'E; Thence N89°52'19°W, 41.94 feet alor~ a Ilse perpendicular to the easterly dght-0f-way of said Soudr-Milennium Way; Thence N00°07'41'6, 96.03 feat along the easterly right-of-way of said South MiNehnium Way to the PD/NT OF BEGINNING Comprising 3503 square feet more ar leas. Subject to a 10.00 foot wide landscape buffer easterly of and adjacent to the entire easterly right-oFway of South Mlllennlum Way. i bEC-19-2006 30 ]27 I1 McKesson Arch-Ltect-1084248609 P.03 l / W ~ !~ ~~f 1BE2Q r ~. / ~ ~~ 8 . ~~ 4 AO 80 HoRiZ fiCALE: 1-INCF! = 40-FEE7_ NORTH 13. E- A. Engln®ers, Inc. w.ee Fr~nlaMi Road sass, io B37os Voios:2Q9.943.S9B1 FIIfC:2Q8.84Z.G79Z Wah: ~ (BOSS A(~ESS AGREEMENT A PARCFI OF LAND BEING A PORTION OF LOT 1, BLOgt 1 OP DE511NwT1ON PLACE SUBDMSfON (AS SHDYYN 1N BC10K 93 OF PIATS AT RACE 17480 QN FILE VA1H THE ADw CWNTY RECDRQERS DFFlCE), SITUATE IN THE 50UTMEAST QUARTER OF THE SOUTIiNIEST QUARTER of sECnoN n, TowNSniP a Na2TFI RANGE i EASr. BGSE MERiaaN. MERIDIAN an AOA Ca1NTY IoAHo CURVE TABLE CURVE TA RADIUS ARC TANGENT C. BEMING C. LENDTFL C7 A 1'1 1 11.83' 8.1D' S21' 71 C2 •27'i ' A' SAD`51'i9'W 8.21' W. QVERI..AND ROAD 6ASISffeFARRrIi _ lTp~.Q6~~ _y~~ 9ea'~tve-2.949Ax Y-^~~ SCHEDULE 1 RAU~I4IAN TRACT EASEMENT AREA That certain strip of land situated on the east boundary of the Raudman Tract, more partictdarly described as follows: A parcel of land being part of the ltaudman Tract located on the North East side of the Raudman Tract shall be constructed a `2hiveway" 25.0 feet wide not to extend beyond the legal boundaries ofthe Raudman Tract. Driveway is to be used as future cross access between BVC Tract and ltaudman Tract upon improvement ofthe BVC Tract. The Driveway is depicted on the attached drawing, as the cross-hatched azea in the northeast portion of the Raudman Tract. 3 w w ~ ~ w ~ Z t~i~ lJz-I w ~ I~r ~~~ OV~IZLAND RD i ADA COUNTY AECOROER J. D11VID NAVARRO AMOUNT .42.00 t4 Recording Requested By, And When Recorded Return To: Raudman and Yarnall, LLC; 1193 N. Creek Drive, Kuna, Idaho 83634 0015E IDAHO 04111107 09:48 AM DEPUTY Vicki Allen III I'II'I'I'I~111111111111111111111II RECORDED-AEDUEST OP 10705105 Raudman &Yarnall NON-EXCLUSIVE UTILITY EASEMENT TIIISNON-EXCLUSIVE UTILITY EASEMENT ("Easement") is made and entered into as of this ,~ day of April, 2007, by and between BOISE VALLEY COMMONS, LLC, an Idaho limited liability company, whose address is 4751 N. Trotter Lane, Staz, Idaho 83669, ("BVC" or "Grantor") and RAUDMAN AND YARNALL, LLC, an Idaho limited liability company, whose address is 1193 N. Creek Drive, Kuna, Idaho 83634 ("Raudman" or "Grantee"). RECITALS WHEREAS, BVC is the owner of certain real property located in Ada County, Idaho (the "BVC Tract"); WI~REAS, Raudman is the owner of certain real property located in Ada County, Idaho (the "Raudman Tract") adjacent to the BVC Tract; WHEREAS, BVC has granted to Raudman anon-exclusive easement for pedestrian and vehicular ingress and egress over a portion of the BVC Tract (the "Easement Area") for the benefit of the Raudman Tract, which easement was recorded on I 1 to ~ 7 as Instrument No. U, records of Ada County, Idaho; and I Rl7¢~71Polo WHEREAS, Raudman wishes to obtain anon-exclusive easement under and across the Easement Area for domestic water lines, storm water lines, sanitary sewer lines, electrical wiring, communication and data wiring, and other ufility services, and BVC has agreed to the same. EASEMENT NOW, THEREFORE, IN EXCHANGE FOR GOOD AND VALUABLE CONSIDERATION, FOR VALUE RECEIVED, BOISE VALLEY COMMONS, LLC, an Idaho UTILTlYEASEMENT -1 limited liability company ("Grantor"), does by these presents, grant, bazgain, sell and convey unto the RAUDMAN AND YARNALL, LLC, an Idaho limited liability company, whose address is 1193 N. Creek Drive, Kuna, Idaho 83634 (the "Grantee"), apeilnnnentnon-exclusive easement and right of way, including the right to enter upon the real estate hereinafter described, and to construct, own,. maintain, operate and repair subsurface domestic water lines, storm water lines, sanitary sewer lines, electrical wiring, communication and data wiring, and other subsurface utility services and. allied facilities under and across the Easement Area more particularly described in Exhibit "A" attached hereto and incorporated herein by reference (the "Easement Area"). Grantor and its successors and assigns covenant and agree that they shall not erect or construct any building, structure, or other improvements of any ]and on or over the Premise"s; other than signage, asphalt paving, asphalt and concrete sidewallcs, curbs and gutters, and iandscaping. Grantor recognizes that if any other improvements of any nature are constructed on or over the Easement Area other than as permitted herein, Grantee shall not be obligated to repair or replace any such improvements which are removed, damaged or destroyed as a result of Grantee's use of this easement and right of way. Grantee shall only be responsible for backfill and compaction, and the repair and replacement of signage, asphalt paving, asphalt and concrete sidewalks, curbs and gutters, and landscaping removed or damaged by Grantee in its construction, operation, repair, replacement or maintenance activities. TO HAVE AND TO HOLD said easement unto said Grantee and its successors and assigns forever. IT WITNESS WHEREOF, the Grantor has executed this Non-Exclusive Utility Easement as of this ~~'`' day of April, 2007. RAUDMAN AND YARNALL, LLC BOISE VALLEY COMMONS, LLC By: Kevin C. Knighton Its: Manager UTILTlYEASEMENT - 2 STATE OFIDAHO ) ss. County of ~~L ) On this ~ day of N (~ T t I , 2007, before me, a Notary Public, personally appeared Kevin C, Kmg~bton, known or identified to me to be the manager or a member of Boise Valley Commons, LLC, the limited liability company that executed the instrument or the person who executed the instrument onbehalf ofsaid-limited liability company, and acknowledged Uo me that such limited liability company executed the same. IN Wl'I'NES S WIIEREOF, I have hereunto set my hand and affixed my official seal the day and year in this,~r~if3e~t _4~~~~~i,~a , ~~~ ~ ~~ $^ .~~ ~ c° a above written. NOTARY PUBLIC FOR IDAHO - Residing at JEANINE M. D. JOHNSON a~ My Commission Expires: ,,,,,,,, ~~',,,, ~„~,,,~„ . "" 12/08 ~~ STATE OF ~arL/~P9 ) ss. County of ~'~- ) On this 7 ~ day of ff~iesL , 2007, before me, a Notarv Public, personally appeared Jeff Yamall, known or identified to me to be the manager or a member of Raudman and Yarnall, LLC, the limited liability company that executed the instrument or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same: IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate Srst above written. lyOTARy pUBLiC NOTARYP OR Residing at My Commission Expires: UTILITYEASEMENT'- 3 EXFIIBIT "A" The Easement Area consists of the following parcel: See attached Exhibit A. EX$IBFI' A BVC TRACT See aLhrcLed RECIPROCAL EASE[~~IVT AGREEMIIV'I' - 6 ;. ,, _:: >; ~ ", ' ~ ''~ _-~9 ~parceJ of land being a portwn of tot 1 and aA of Lot 2, Hlock 1 or Destinetiori Pace ...~ lYL} ' 4 ~~ " " ~ -S ~` melon, as~ile,d for recorq ar fhe .office of.ttie Ada County Recorder, Boise, Idaho in tc9 3xofplats at ~agas.11190 tflrctugh 11192 and a portiat of ttie SE 1!4 SW 1kF. Sectihon "~''J i c 7~'1-*~3~~1~ R iE 811A Merid~art, Ate Courrty, Idaho, as shown on Record of Survey No. „_~ ' , ; ` .,; '., -' as`filedfiar3eCOrd in the office of the Ada County Recorder, Boise, Idaho and ' ~ ' v ` ~ ~; CAMN-ElVCING at a brass cap marking the comer common td Section 17, 18, 19, ;_~~,~ ~, ,~and~l)-~TxlenratheSoulfrboundaryofsaidSectionl7 ~_:;z ~ ~ , z ~~ 1 Spulh 89.521Y East 1785.49.feet to a point on the Centerfirre of East Overland ` ` , , , ~ ~~hence iea !y ght angles and abng the Centerline of ` k s ~ `Road,' vmg said 59ugr bounds at ri So}rthliAllennl~4rR~11f~y ~ - ~~ y ~ 4? zs ~-'~ , °l~o~~#"Oj'~`l' F~st~tS lHT feet to a point on said Cerderiine; Tfrence leaving said Cbn; ~edme at right angles artd alarg the South boundary of said Destination Place 3.90 feet to a point marked by a 518° iron pin; Thence abng Lot 1 3.D4 feet to a point madced by a 5/8"iron pin; Thence leaving orrg fhe West boundary ~ said Lot 1 {.1D feet to a poirrt marked by a 5/8° iron pin, said point being feet, to a point on a arve fo the right marked by a 5!8° fle_ (igirt with a radrus ~ 63.f10 feet, a central angle of a chord.wtrich bears ~ to a point marked by a 5/6° iron pirr; Thence leaving I, along the North boundary of said Lot 1 and Lot 2 `eat to a point marking the tregirming of a cxrrve ~ the :along said curve to the right wish a radius of 93.00 figlh of :159.95 feet, arb a chord which bears featto,a point marked by a 5!8° iron pin; Thence ~g.the.East boundary of said Lot 2 eet3o:#he Southeast comer ~ said Lot Z marked by a fit; bourdary and along $re South boundary of said Lot 2 feet.to'}tre;Southuvestcomer ofsaid Lot 2; Thence tg;~te Eastboundary of said Lot 1 egt to. a:point on said East boundary marked by a 5f8° t9e~:~9°,West 20ti_3.1:feet o ttie PAINT OF BEGINNING. ,,~ . -,:, ;-.: -. ' , -: -. 'Said parcel of land contains 2.00 acres more or less. EXH~iT B RAUDMAR TRACT Seeadached RECIPROCAL EASEMENT AGREEMENT - 7 TEALEY'S k.APID 2501 Bogus Basin lad. • Boise, Ideho B37U2 SURVEYING (zaay acs-ass I°ax (zoa) asa-osss Project No.: 3096 Date:Odnher31,2006 --- FOR PARCEL "A" A parcel of land being a portion of Lot 1, Block 1 of Destinafion Place Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in book 93 of plus at pages 11190 through 11192 and a portion of the SE 114 SW 114, Section 17, T.3N:, R:1E., B_M„ Meridian, Ada County, Idaho, as shown on Retard ofSurvey No. '"! l05 $ as filed for record in the office of the Ada Courriy Recorder, Boise, Idaho and rrrore particularly described as follows: COMMENCING of a b2ss cap marking the comer common fo Section 17, 18, 19, and 20; Thence abng the South boundary of said Section 17 South 89°52`19° East 1785.49 feet hr a point on the Centerline of East Overland Road; Thence leaving said South boundary of right angles and along the Centerline of South Mllennium Way North 00°07'41° East 45.OO.feet to a point on said Centerline; Thence leaving said Centerline at right angles and along the Sarth boundary of said Destirnatron Place Subdivision - South 89°52'19° East 53.90 feet to a point marked by a 5/t3° iron pin, said paint being the POINT OF BEGINNING; Thence abhg the Southerly boundary of said Lot 1 North 44°52'22° West 38.04 feef to a point marked by a 5/8°iron pin; Thence leaving said Southerly boundary and along the West boundary of said Lot 1 North 00°07'41° East 73.10 feet to a point marired by a 5/8° iron pin; Thence leaving said West boundary at right angles Sorrtfr 89°52'19° East 206.31 fast to a point marked on the East boundary of said Lot 1 marked by a 5I8° iron pin; Thence along said East boundary South 00°07'41° West 100.D0 feet to a poin# on the South boundary of said Lot 1 marked by a 5is° iron pirr, Thence leaving said East boundary and along said South boundary " North 89°52`19° West 179.41 feet to the POINT OF BEGINNING, Said parcel of land con#ains 9,47 acres more or less, 3o9splat-des4doo- enw S. XLLFl1MIX YAY m - - ~~ E%A• _ _-~ ~ _ M 'P/'~I` E 42199` ~ ~\ `~ ~ ` I II ~ I ~ m ~~;6 m - 1 li g~ a ~~?w 4 ii A ~ 1 a II ~a6 9 q Ec& f ~ ~ ~ R ~ . '_s~ xn'n ~ i ~~ I I ; II Y "' ~ ~ ~ I ~ 4 11 - _ ;` I t o -y w Q fi~^~ L ~~~5~ j •• . '. "I S 00'0]•4Y Y m 011A6' =o f ' I I i N ~ . •' ~r r p a ` ~ . Fe , [ °3a^_ Y r ^II; CI I I - I -,a I in ~ ~ 2 ~ c ~ i 9 ~ ,$~~€~ ~ ~ a "~ I ~ I t 4 P°y - ' ~ ' o £ee , ~s s$ f i ~ ~ x I : ' ~ ~ s I I I _ I I c$ d I I ~ ~ ~'° p I; 1 I ~~~~~ Z I ~ i r u ~ i I I g 01 ~ j f~ I { ` ~ ' 3~: I t ~ ~ ~~ c '. i~g~ I I , I~ f I {ril I ~~E~~ ~ I I ~~^ ~~~ I W 1 l II ' fl - 1 ~ 1 ~rj n A IM X ~u V W N O O O O °o 2 O m m Q C z n °a O p to O a m A n s m b S O A $~ ~~ n S ~ ~y s w 9 n x ~ i ' D S° b S S A p~ i ~~ 1 ~~ ~'E :~ ffi~ .^ 2 C~S~~~ ~`~ii ~'~ ~ ~ ~~~ ~m }^ f ~e €~ _y n i 0 2 H IA a~ A p ~o 3 ~~ ~ N z~ Op ~~ 0 Q ~ € ~ ~ ~ i za ~ ~ ~aQ ~n I 1 ~`-~~c~a $III ~ ~ 1I ~ ] /( f~ sa o B~ 9 ° ~i I ^ b ~ 1 4 g ~ 5. CGIFHNATIUI AYFME ~~¢• ~ ~- \ `•\~ ~Y ~_~ ~~ a 1 / \ ~! _ a a g _ \ ~,, s ~~' , ~ iC r Y $ ~ .. ~P t Ge ( ~ ~ {~ [E ~~ p¢apgy ~~R? ~~ LJ C z ~~ ~a .~ 3~ 'gF V ~Or~1 LJ ~H LJ A z°~ /H/~~ 4+ TA x H Y-3 ~ O z z H j LEC-19-2006 10:26 ..1 McKeeann Ar Gh fleet 298428609 F.02 8. S A. Engtin.elrs~ loo. Conaultln6 EnQinoan, 6urvsyora i Phnnon 6606 Waat Franklin Rdid aatu,l0 68706 4ok+:206.843.3081 pd>t:206.342,5)92 wad: htlpafwma.6rian9lMan-nam Cress Access Agreement between Dutch Bras. ~- Overland i And Boise.Valley Commons, L.L.C. Deoember 2006 A parcel of lend being a portion of Lot 1, Block 1 of Gestinatiort Place Subdivision (as shown M book 93 of plats at page 11196 on Lila whh the Ada Courtly Recorder's office), situate in the southeast quarter of the souhwest quarter of Section 17, Township 3 North, Range 1 East, Boise Melldlan, Meridian city, Ada courtly, Idaho, t~eing more partk~larly daseribetl:es fellows: Cammencinp at the southwest comer of said Section 17; thanes S89°62`19°E, 1,786.49 feet along the southerly boundary of said Section 17 to the centelilne of South Millennium Way; thence N00°07'41°E, 293.79 feat along the t~nteAine d South MHiennium Wey to s point ot.curvature; thence S89°52'19°E, 27,00 feat tc a point aF curvature on the easterly right-of-way of said South Millennium Way and the westerly boundary Itna of said Lot 1, thence S06°07'd1"W, 59.79 feat along the easterly right-of-wey of said South Millennium Way to the Pt7/NT OF BEGINNING Thenx 589°52'99"E, 37.76 fast along a line perpentlioular to the aastetiy right-ot-way of said South M171ennium Way; Thence S60°07'471N, 84.26 feet along a line parallel to the easterly right-of`way of said South Mllknntum Way; Thence 11.83 feat alorta a tangent curve deflecting to lira left with a central angle of 42°21'19', a radius of 18.00 feet, a tangent of 8.20 feet and a long chord of 11,58 feat bearing S21°02'58°E; Thence N89°52'1s"W, 41.94 feet along a Ilne petpentliculer to the essteriy right-0f-way of said South M~lannium Way; Thence PWO°07'di°ta, 98.03 feet along the easterly right-of-way of said South Millennium Way to the POINT OF 6EGlNN/Nl'a. Comprising 3803 square feat more or Iris. Subject to a 1D.00 foot wide landscape buffer easterly of and adjacent to the entire easterly right-af--way of South MlAennlum Way. i I DEC-19-2006 10:27 A.. McKees ¢n Architect 208428609 P- 03 .~ 1 ~~ ~•sa96ey -18R~ a ao ea HQRIZ SGA4E: 1-INC:tI = 40-FEET NORTH r `~Q 7 Z W I ~ !n 18 17 ~ ~, 11;f 2p E~ & a Engineers, Inc. ' c 611Q~1le~W, sLlfVd~l. ~ PlwHnrre 65f1s w.,e Fnlldekl Raed soles, I[f 837ps VoWs:2p8.943.9981 Fplc12p9,34Z.6792 YVeS: hUpJlenrw.heellg~eae.egn CROSS ACCESS AGRF~IuIENT A PARCEL OF LANp BEING A PORTION OF LOT 1, BLQCIc 1 OF pE911NAilON PLACE SUBpImSION (AS SHOWN IN BOCK 93 OF PLATS AT RAGE 11190 ON FILE WI7N THE ADw COUNtt RECORDERS OFFICE), SITUATE IN THE SOIJTNEA$7 QUARTER OF THE SOUTHWEST QUARTER L1F SECTION t7, TOWNSHIP 3 NORTH RANGE 1 EAST, BOISE MERIWAN. MERIDIAN dTY, ADA CWNtt IpAHO CURVE TABLE CURVE_ EI-TA RADIU ARC T T C. BEViING LENGTH Ct 1'1 1 1 L83' 6.20' S2T ' ti CZ Bt'2T1 A` 640'51't8"W 8211' W. CIVERI..AND ROAD e~.~~~ __,~~~ eAemaF 9EARRq - ~ Y_"'~"" eewez~e'e-a,e6e.ax ~ EXHIBTT C EASEMENT' AREA That certain strip of land situated ou the BVC Tract, more particularly described as follows: See attached. RECFPRDCAL EASEIv1QIT AGREIIvSENT - 8 SCHEDULE 1 RAUDMAN TRACT EASEMENT AREA That certain strip of land situated on the east boundary of the Raudman Tract, more particarlazly described as follows: A pazcel of land being part of the Raudman Tract located on the North East side of the Raudman Tract shall be constructed a "Driveway" 25.0 feet wide not to. extend beyond the legal boundaries ofthe Raudman Tract. Driveway is to be used as future cross access between BVC Trad and Raudman Tract upon improvement of the BVC Tract. The Driveway .is depicted on the attached drawing, as the cross-hatched area in the northeast portion of the Raudman Tract. i ~ ~ ~ ~54~. N W N w N Q w ~ Z vN, U-l w _~ ~I~ ~~ OY~RLAND RD W TitleOne a 11[le h ucrow cn Order Number: A11100346 STILSD For value received, Warranty Deed Boise Valley Commons, LLC, an Idaho Ilmlted liability company the grantor, does hereby grant, bargain, sell, and convey unto Jacobson Majestic, LLC, an Idaho Ilmlted liability company whose current address Is 2233 Bluestem Lane, Boise, Idaho 83708 the grantee, the following described premises, In Ada County, Idaho, to wit: Parcel A of Record of Survey No. 8511, recorded January 30, 2009 as Inslmment No.109010403, being a parcel of land located In a portion of Lots 4 and 5 in Block 1 of DesBnation Place Subdivision No. 2, according to the official plat thereof, filled In Book 101 of Plats at Pages 13395 and 13398, OfBclal Records of Ada County, Idaho, located in the Southeast quarter of the Southwest quarter of Section 17, Township 3 North, Range 1 East, Boise Meddian, C(ty of Meridian, Ada County, Idaho, being more parliculady described as follows: Commencing from a found brass cap monument marking the Southwest comer of Bald Section 17, CP&F Inst. No, 103176248, tamer records of said Ada County; thence a beadng of South 89°52'19" East, a distance of 1785.A9 feet on the South boundary of said Section 17 and the centerline of East Overland Road to a found 5/B Inch Iron pin marking the point of intersection of the centerline of South Millennium Way and said centerline of East Overland Road, from which a found brass cap monument marking the South 1/4 corner of said Section 17, CP&F Inst. No. 103135427, said comer records of Ada County, bears South 89°52'19" East, a distance of 870.93 feet; thence a bearing of North 00°0719" Easf, a distance of 145.10 feet on said centedine of South Millennium Way to a point; thence a bearing of South 89°52'41° East a distance of 26.95 feet to a found 5181nch Iron pin on the East right•ofway boundary of said South Millennium Way said pin marking the Southwest comer of said Lot 4, Block 1, Destination Place Subdivision No. 2 and being the True Point of Beginning; thence a bearing of North 00°08'39" East, a distance of 148.76 feet on said East right-of-way boundary of South Millennium Way to a found brass cap monument; thence 89.51 feel on the arc of a curve to the right, said curve having a radius of 63.00 feet, a delta angle of 81°24'05" and a long chord which bears North 40°50'28" East, a distance of 82.17 feet to a found 518 Inch Iron pin on the South right•of--way boundary of East Cinema Drive; thence a bearing of North 81°36'15" East, a distance of 901.67 feeton said South right-of-way boundary of East Cinema Drive to a set 5/8 Inch Iron pin; thence a beadng of South 00°00'39" East, a distance of 146.20 feet to a set 518 Inch Iron pin; thence a bearing of South 89°55'43" East, a distance of 51.80 feet to a found 5/8 Inch Iron pin marking the Southwest corner of Lot 6, said Block 1, Destination Place Subdivision No. 2; thence a bearing of South 00°02'38" East, a distance of 79.92 feet on the East boundary of said Lot 4, Block 1, DesBnation Place Subdivision No. 2 to a found 518 inch iron pin; thence a bearing of North 89°52'58° West a distance of 206.58 feet on the South boundary of said Lot 4, Block 1, Destination Place Subdivision No. 2 to the Point of Beginning. f. To have and to hold the said premises, wish their appurtenances unto the said Grantee, its heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of Bald premises; that they are free from all encumbrances except those to which this conveyance Is expressly made subject and those made, suffered or done by the Grantee; and subjectto alf exisiing patent reservations, easements, right(s) of way, protective covenants, zoning ordinances, and applicable building codes, laws andregulagons, general taxes and assessments, Including Irrigation and utlliry assessments (if any) for the current year, which are not due and payable, and that Grentor will warrant and defend the same from all lawful claims whatsoever. Whenever the context so requires, the singular number includes the plural. Dated: Octaber.18, 2011 Boise Valle Commons, L , an Idaho Ilmlted liability company BY: K in C. Knighton Managing Member State of Cq1 I (-'yr r.UA ) ss. County ofll'12Nnac.lwo ) On this 1~ day of October, 2011, 6afore me, the undersigued, a Notary Public in and for said State, personally appeared Kevin C. Knighton, known or idandfied to me to be a Managing Iviamber of the limited liability company that executed the within instrument and acknowledged to me that lie executed the same for and on behalf of said limited liability company and that such limited liability company executed it. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate fast above written. ~~~ Notary blic for Idaho- C..-cr.~\t ~-u r N LA My Commission Expires: ~IVNm (gi ZA1'-~ t10L B. DEL B08C0 Commlaelon N 1894882 Notary PuElla • Calllarnla Mandoalno County o r.Ei IneJu 1B 2 14 AFFIDAVIT OF LEGAL INTEREST STATE OF H)AHO COUNTY OF ADA t I,- yvt~~~(>_ lz;• 5~t~4~so1~ :~.3~ ~4 Ittie=~fe:;~, Liz (name) (address) ~' r~(yz Z[~x.1t~ (city) (state) being fast duly sworn upon, oath, depose and say: 1. That I am the record owner of.the property described on the attached, and I grant my permission to: %c~.~~ ~r~h~kec-+s ~-Io Mu-~rca.( s~irezr I~oisrr 'Zh S~'f i~ (name) (address to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees hazmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the .purpose of site inspections related to processing said application(s). ~ • '~ ~~' ~ Dated this ~ day of J ii~t~.ttiC~-rt,1 , 20 1 ~- ~,oTARy•. -~- ~ 7 /J A V B LAG ~ ~ ~-c~ ~f O F 1 Cn CRIBED AND SWORN to before me the day and year first above written. ' `y0 TA R • (Notary Public for Idaho) 1-'• c ~, Residing a~~ ~ ( '. '. /~U B LAG ; ~ My Commission Expires: ~ l -O~ - ~c~ l `1 t~,~rT , . • • .gip qre oF•loa 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 8645533 • Facsimile: (208) 886-6854 • Website: www.meridiancily.org (Rev. 06/0220J1) Yage 1 of 1 Dawna Jenkins From: Christy Little [Clittle@achdidaho.org] Sent: Tuesday, January 17, 2012 9:57 AM To: dawna-larsonarc@cableone.net Subject: 1530 S. Millenium CZC Dawna, ACHD will not require a TIS for the proposed CZC at this location. Prior to issuance of a building permit you will need to submit plans to ACHD for impact fee review. Thanks, Christy chrs`~ ~ittie PYGGI Y:2YN..AGIN~1.1. u65 ~'fQ~CiY' ~C~ CS., ~n,C`I~ 4-~i.~~'Yi~Pil!IJ L~I,S}'/i8~" (20~) ~8}-f 141E 1/17/2012