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Easementl~J RECD M aY ~ ~ 2011 ~a ~i ~2E'n~dta~ ~vu~atioc~ Diotnicx 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 17 Ma~~ _'O1 1 Lance ~~'arnick Aspen Engineer, 2~1?' 1 nth A~~e. R~r,l~l Nampa.lC) Ii3Gl~6 3~Z RE: Dann: Gymnasium Uear Lance: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Nampa ~, Meridian Irrigation District hay revue+ed the two (2) proposed options for relocating the pressure irrigation (PI) line in Lot 10 Block 2 of Murdoch #~2 Subdivision. (.)L~tion 1 _ In concept mould be acceptable ONL.~" wtth the absence of the proposed trees in the ten toot (10') easement area. 1'he trees pose a fuhu•e maintenance problem for NM[D. l)ptiun_2: Would not be acceptable due to the ~~.mount of pavement over the PI main Ime. Please revisit C)ption 1 n ith the absence of trees in the ten loot (10') easement area and send over more detailed plans ;hawing the services, pipe ty~Te and size etc. An}' further questions, please feel tree to give me a call. Sincerely, (;reg G. Curtis Asst. Water Superintendent Nampa & Meridian Irrigation District GC~dbe C: FileiOffice Water Supenntendent-Anderson PUTS Supervisor -Clinton 9 - ~ z,~> s ..~~, ,.~ ~ ,,~ .y, APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS ~ 40,00( !~ AOA COUNTY RECDRD~ Christopher D. Rich AMOUNT 19.00 + BOISE IDAHO 05/24/12 04;33 PM DEPUTY Che Fowltr I~I lIII'Il~III)Ii1'II'11111It1(I (f'il RECORDED-RE~l1ES? OF I f 11 fIl 11 ft 1 1111 1 ii wtiherus, LLC 11204950 CROSS ACCESS EASEMENT THIS DECLARATION AND GRANT OF EASEMENT is made this the day of May, 2012 by Whiterus LLC, an Idaho limited liability company, whose address is 2785 S. Knapp Ave, Meridian, Idaho 83642 (hereinafter referred to as "Grantor"). WHEREAS, the Grantor is the owner of Lots 9 and 10 of Block 2 of Murdoch Subdivision No. 2 located in Ada County, Idaho (hereinafter referred to as the "Grantor's Property"}; and WHEREAS, as a condition of approval by the City, the Grantor desires to grant a perpetual, non-exclusive easement to provide for cross access over a portion of the Grantor's Property, more particularly described in the attached "Exhibit A" (hereinafter referred to as the "Easement Premises"), subject to the terms and conditions set forth herein. NOW, THEREFORE, far good and valuable consideration, the Grantor does hereby give, grant and convey unto the Owners of Lots 9 and 10, their heirs, successors or assigns (hereinafter referred to as the "Grantees"), a perpetual, non-exclusive cross access easement across the Easement Premises for the purpose ingress and egress of vehicular traffic and personnel. This grant of easement shall run with the land and shall be binding upon and shall inure to the bereft of the parties to this instrument and their respective heirs, successors or assigns and can not be altered or eliminated without the expressed written approval of the Grantees. Grantor reserves unto itself and its successors and assigns, the right to use the Easement Premises so long as the said use does not interfere with the rights granted to Grantees hereby. Cross Access Easement, Page 1 5/24/12 IN WITNESS WHEREOF, the Grantor has executed this Cross Access Easement on the day and year first above written. GRANTOR: STATE, QF IDAHO ) • ss County of ~• ) Whiterus, LLC On this day of~~2012, before me, a notary public, personally appeared Viktor Danilovitch and Olga Danilovitch, known or identified to me to be the Managing Members of Whiterus, LLC and acknowledged to me that he executed the foregoing document on behalf of said Limited Liability Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz in this certificate first above written. ~R ~ t,..,... ~pTAR Y Nota bli Idaho ~~! Residing at Y1Gi. PliB1,~C ~~~~~ My Commission Expires ~~1 Lp ~ o1C)I'~ :~~'E O'~ _ ~•'~ Cross Access Easement, Page 2 5124112 By v ` ~~ Viktor Danilovitch, Managing M ber ~~.STRE.L LA1~fD ~URV~.YfNG EXHIBITA LEGAL DESCRIPTION FOR A CROSS ACCESS EASEMENT A 25 foot wide easement located in a portion of Lots 9 & 10, Block 2 of Murdoch Subdivision No. 2, as recorded in Book 83 of Plats at Pages 9158 and 9159, records of Ada County, said subdivision located in the Northeast Quarter of Section 18, Township 3 North, Range 1 East of the Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Southeast corner of said Lot 10, #hence along the South line of said Lot 10, South 89°28'45" East a distance of 32.48 feet to the POINT OF BEGINNING; Thence leaving said South line, along anon-tangent curve to the left an arc distance of 1.76 feet, said curve having a radius measuring 5.00 feet, a central~angle of 20°04'31", and a chord bearing North 37°38'ib" West a chord distance of 1.75 feet to a point of reverse curvature; .Thence along a curve to the right an arc distance of 49.66 feet, said curve having a radius measuring 55.00 feet, a central angle of 51°43'55", and a chord bearing North 25°20'42" West a chord distance of 47.99 feet to a point; Thence Forth 00°31'16" East a distance of 167.53 feet to a point; Thence North 44°28'44" West a distance of 39.67 feet to a point; Thence North 13°25'00" West a distance of 26.83 feet to a point on the North line of said !ot 9; Thence along said North line, North 89°39'40" East a distance of 25.67 feet to a point; Thence leaving said North line, South 13°25'00" East a distance of 14.18 feet to a point; Thence South 44°28'44" East a distance of 43.08 feet to a point; Thence South 00°31'16" West a distance of 177.88 feet to a point of curvature; Thence along a curve to the left an arc distance of 26.93 feet, said curve having a radius measuring 30.00 feet, a central angle of 51°26'20", and a chord bearing South 25°11'54" Fast a chord distance of 25.04 feet to a point to reverse curvature; 1674 bY`. hill Rd., #6', Bois. d ~ 837t?2 (?08} 888-1395 phone - (208) $88-7354 fax _ Kestralsurvey.eom Page 2 K~-STR~L L.A1~lD 5LlRV~Y1~IG Thence along a curve to the right an arc distance of 24.57 feet, said curve having a radius measuring 30.04 feet, a central angle of 4fi°55'59", and a chord bearing South 27°27'05" East a chord distance of 23.89 feet to a point on the South line of said Lot 10; Thence along said South line, North 89°28'45" West a distance of 25.50 feet to the point of beginning. Said easement containing 6,989 square feet, more or less >±nd Description Project No. I1-106 Prepared May 18, 2012 1674 W Htt! Rd., #6. Boise, ID 837D2 (2Q8J 888-7345 phone - (2Q8) 888-7354 fax Keatrelsurvey. cam