CarMax
CERTIFICATE OF ZONING COMPLIANCE REPORT
DATE: January 25, 2013 E IDIAN
TO: CarMax Auto Superstores West Coast, Inc. 1
FROM: Sonya Wafters, Associate City Planner
SUBJECT: CarMax -CZC-12-078; DES-12-053
OWNER: Kleiner Trust
DESCRIPTION OF APPLICANT'S REQUEST
The applicant, CaxMax Auto Superstores West Coast, Inc., requests Certificate of Zoning Compliance
(CZC) approval of a pre-owned automobile dealership consisting of sales, service, reconditioning,
carwash, fuel storage and dispensing, and wholesale auction uses.
The proposed use is classified as vehicle sales and service, which is a principal permitted use in the C-G
zoning district. The proposed vehicle repair (minor), carwash, and fuel storage and dispensing is allowed
as an accessory use; these uses are not allowed to serve the public.
The applicant also requests design review (DES) approval of the site design and structures on the site.
The site is located at 4043 E. Elden Gray Street.
DECISION
The applicant's request for CZC and DES is approved with the conditions listed in this report.
Note: This is not a building permit. Please contact Building Services at (208) 887-2211 to verb if you
need a building permit and/or 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 one set of the final, stamped "approved" Planning Department plans, stamped and
signed by the architect and/or civil engineer as applicable. 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
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. The applicant shall the all other irrigation facilities on the site as set forth in UDC 11-3A-6A.
3. All lighting on the site shall comply with the standards listed in UDC 11-3A-11 and be reduced
after hours, per the development agreement.
4. Vehicles shall not be displayed on ramps or berms or in any way elevated off of the parking lot
level, per the development agreement.
5. Landscape areas shall not be used for signage or other visual distractions, per the development
agreement.
6. All service and reconditioning, of vehicles shall be limited to that defined in UDC 11-1A-1,
Service and Vehicle Repair, Minor.
7. Prior to issuance of Certificate of Occupancy, the applicant, at its own expense, shall install
a Welcome to Meridian monument sign on the site at the northwest corner of N. Venture
Conditions Document 1 CarMax -CZC-12-078; DES-12-053
Street and E. Fairview Avenue. The applicant shall coordinate with staff on the design of
the sign.
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.
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 may be 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 CenterPoint Integrated Solutions, LLC on 11/5/12, labeled Sheet X3.0,
is approved (stamped "approved" on 1/25/13 by the City of Meridian Planning Department) with
no changes.
5. The landscape plan prepared by CenterPoint Integrated Solutions, LLC on 11/2/12, labeled
SheetsL-1 thru L-6, is approved (stamped "approved" on 1/25/13 by the City of Meridian
Planning Department) with no changes.
6. The elevations prepared by CenterPoint Integrated Solutions, LLC on 10/30/12, labeled Sheet
A3.0, are approved (stamped "approved" on 1/25/13 by the City of Meridian Planning
Department) with no changes.
7. The approved site plan, landscape plan and/or elevations may not be altered without prior written
approval of the City of Meridian Planning Department.
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 ACI-1D 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.
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 applicant shall comply with the outdoor storage as an accessory use standards as set forth in
UDC 11-3A-14.
3. The project is subject to all current City of Meridian ordinances and previous conditions of
approval associated with this site (AZ-07-012, DA Instrument #109009630; and MDA-12-006,
Instrument #113008591.
4. The issuance of this CZC does not release the applicant from any previous requirements of the
other permits issued for the site.
5. 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.
Conditions Document 2 CarMax -CZC-12-078; DES-12-053
6. The applicant shall have an ongoing obligation to maintain all pathways.
7. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
8. 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.
9. The applicant and/or assigns shall have the continuing obligation to meet the specific use
standards for the proposed uses as set forth in UDC 11-4-3-38, Vehicle Sales or Rental; 11-4-3-
39, Vehicle Washing Facility; and 11-4-3-37, Vehicle Repair, Minor.
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 9,
2013, 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 final
decision on a land use application. You have the right to request a regulatory taking analysis under
Idaho Code 67-8003.
EXPII2ATION
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
25, 2013.
EXHIBITS
A. Vicinity Map
B. Site Plan (dated: 11/5/12)
C. Landscape Plan (dated: 11/2/12)
D. Building Elevations (dated: 10/30/12)
Conditions Document 3 CarMax - CZC-12-078; DES-12-053
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E II~IAN~=-~-
iDANt'3
Tvae of Review Regwested (check all that apps
Planning Department
ADMINISTRATIVE REVIEW APPLICATION
^ Accessory Use iZT~ FF UsH• UNL•Y:
^ Alternative Compliance File nurttber(s): e' Z ~' f `~ ~ p ~
Q Certificate of Zoning Compliance ~~ _ I Z~3
^ Certificate of Zoning Compliance Verification
^ Conditional Use Permit Minor Modification Project name: /~ : _ ~{,~~ X
~ Design Review .~~!
^ Private Street Date fried: -,~__ hate complete:
^ Property Boundary Adjustment Assigned Planner: ~ c-9 ~`- - °n'i
^ Time Extension (Director)
^ Vacation Related files: /~Z-o"1 "b 1 Z . M Q~._._2~a~~
^ Other
Applicant Information
Applicant name. ^_..,,~_......,, c,,s,.e.,,...e w~e* r,.g•*- r~ --
Applicant address: 12800 Tuckahoe Creek Parkway Richmond, VA _
Applicant's interest in property: ^ Own ^ Rent ~ Optioned ~ Other
Owner name: ]~,lett'er Tntst _ Phone:
Owner address: PO BOX 31682, Seattle, WA Zip: 98103
Agent name (e.g., architect, engineer, developer, representative): Representative
Firm name: G611tielPtli * r^*~8rated c ~ *'^^e r r r• Phone: 303.679.6974
Address: ,j,~40 Berge,. P.~k v ut.'*e A 250 Evergreen GO Zip: 80439
Primary contact is: ^ Applicant ^ Owner ~ Agent ^ Other
Contact name: Jake Hertz ®ICP __ Phone: X03.679.6974
E-ma'-I: ihertz~centertaoint ie cam Fax: 877.736.9960
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Subject Property Information
Location/street address: NW Corner of E Fairview Ave and N Venture St Meridian ID 93646 ~-to`i3 ~ • ~~ ~`Y01y
Assessor's parcel number(s): ~"^~d38730
Township, range, section: Sec 4, Twn 3N, Rnr: lE Total acreage: ~t 31 AG +/-
Current land use• Aarin.~ttural Current zoning district: Geaera~ Rstai~ k Service C•RU~+«~cial (cG)
Phone:
Zip: 23238
33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 63642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.merldiancity.org
1 (Jtev. it/4/flfit)
Project Description
Project/subdivision name: CaeMax Auto Superstore #6039 -Meridian IA
General description of proposed project/request: Pre-owned auto sales, service, reconditioning, carwash,
fuel storage and dispensing, whotesa[e auctions. Please see the attached narrative for more information.
Proposed zoning district(s): General Retail & Service Commercial (CG)
Acres of each zone proposed: 11.31 AC +/-
Type of use proposed (check all that apply):
^ Residential Q Commercial ^ Office ^ Industrial ^ Other
Amenities provided with this development (if appl'lcabie):
Who will own & maintain the pressurized irrigation system in this development? Applicant
Which irrigation district does this property lie within? None
Primary irrigation sources TBD Secondary: ~''*~ ^PTWPririian
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): X90 AC
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 devebpments only):
1 Bedroom: 2 or more Bedrooms:
Minimum square footage of structure(s) (excl. garage): Proposed building height:
Minimum property size (s.f): Average property size (s.f.):
Gross density (DU/acre-total land):
Net density (DU/acre-excluding roads & alkys):
Percentage of open space provided: Acreage of open apace:
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: ^ Single-fatnily ^ Townhornes ^ Duplexes ^Multl-family
Non-residential Projeet Summary (if applicable)
Number of building Mts: t Other lots:
Gross floor area proposed: 41.79$ SF Existing (if applicable):
Hours of operation (days and hours): Tra~~n - salcc M-s, s~-9pa, su ~aps+-7pm: service M-F Building height: Zs' r u~p ot.,~vy: ~z.!• r eop ure.naey t31
Percentage of site/project devoted to tike following:
Landscaping: 26% Building: 9% Paving: 65%
Total number of employees: ,jQ0-120 Maximum number of employees at any one time: 90
Number and ages of students/chiidnn (if applicable): Seating capacity:
Total number of parking spaces provided: 181 Number of compact spaces provided: 0
Authorization
Print applicant name: Jake Hertz AlC
Applicant signature: Date: November 02.2012
33 E. Broadwa A .n e, Suite 210 • Meridtan, ktaho 83642
Phone: ( 884-3533 • F tnik: (20E) 888-6834 • Webster www.rneridiancity.org
2
CENTERP®Il`IT~~.~~`a
INTEGRATED SOLUTIONS
November 2, 2012
Meridian Planning Department
33 E. Broadway Ave., Suite 210
Meridian, Idaho 83642
RE: Certificate of Zoning Compliance - CarMax Application Narrative
Dear City Planning Staff:
CarMax is pleased to submit the enclosed application for a Certificate of Zoning
Compliance. CarMax proposes to develop an upscale pre-owned automobile dealership
("Project") on the vacant commercial lot at the northwest corner of Fairview Avenue and
Venture Street ("Project Site"). This is the eastern half of the Kieiner Family Trust's East Parcel,
lying east of the Meridian Town Center and south of the Julius M. Kieiner Memorial Park. The
Project requires modification of a development agreement that covers Kieiner Family Tnast
property on both sides of Eagle Road ("Kieiner DA").
The development agreement modification has been approved by City Council and has
been reviewed and approved by the City Attorney. CarMax is in the process of finalizing the real
estate transaction with the current owner in order to execute the final version of the development
agreement. In the interim, CarMax respectfully requests that the City review the enclosed
application materials and issue a letter confirming that the Certificate of Zoning Compliance will
be issued upon final execution of the development agreement modification.
About CarMax
CarMax is a member of the Fortune S00 and the S&P 500. For each of the last eight
years, Fortune magazine has recognized CarMax as one of the "140 Best Companies to Work
Far". Headquartered in. Richmond, Virginia, CarMax currently operates 110 superstores in SS
markets, with plans to add 10-15 stores per year for each of the next three years.
The CarMax consumer experience is structured around four key customer benefits: low,
no-haggle prices; abroad selection; high-quality vehicles; and customer-friendly service.
CarMax has been the recipient of numerous awards for its exceptional management, workplace,
benefits, training, and consumer experience.
Proposed Project
CarMax is a specialty retailer of used cars, not a traditional car dealer. The Project's
design and operation is much like other high-end retail stores, except that it generates
significantly less traffic than other retailers. CarMax does not use flags, balloons, placards in
open car hoods, painted window lettering, or the like in its marketing. There are no outdoor
loudspeakers as associates carry iPads, pagers, and/or cell phones far communication. Lighting
is appropriately downcast and is reduced after hours. Additional details about site operations are
described in the application materials.
1240 Bergen Pkwy ~ Suite A-250 ~ Evergreen, CO 80439 ~ 303.670.4111 ~ Fax: 877.736.9960
www. centerpoin t-is. com
CarMax-Meridian, ID
November 2, 2012
Once it is fully operational, CarMax expects this store to provide up to 120 full and part
time jobs. The majority of these positions will be sales and service positians that pay a very
competitive living wage and include a great benefits package, as expected from a Fortune 100
top employer.
The Project Site will include sales and service buildings and anon-public, enclosed
carwash along with associated access drives, parking areas, and landscaped areas. The buildings
reflect the architectural style and modulated roofline of the nearby Meridian Town Center. A
six-foot tall masonry wall with similar articulated features as the building, fronted by trees and
other landscaping, will fully screen the outdoor staging area.
The conceptual site plan, landscape plan, building elevations and renderings enclosed
with the application materials depict a quality approach to site and landscape design. A 20' to
50' wide landscape buffer runs along the east side of the Project Site, adjacent to residential and
commercial uses to the east. The north side of the Project Site, adjacent to the Park, is screened
by significant landscaping with mixed-variety, clustered trees along a 35-foot buffer. A
landscaped, meandering sidewalk provides connectivity through the west side of the Project Site
from Fairview Avenue to the Park. In all, the site includes approximately three acres (126,500
square feet) of landscaping, which is more than 24®/0 of the site. This includes at least 240 trees,
located strategically to maximize screening and visual impacts, in a variety of tree species to
provide year round interest and to minimize effects from exposure to disease and pests.
Additionally, CarMax has designed and offered to construct at its own expense an attractive
Welcome to Meridian monument on the southeast corner of the property.
With the Project, CarMax will dedicate right-of--way and construct the remainder of
Elden Gray Lane between Records and Venture and will construct the new internal north-south
drive to divide the Kleiner Family Trust property. Primary access to the Project Site will be from
this internal drive, with agate-restricted secondary access on Venture Street for test drives only.
In conclusion, CarMax looks forward to partnering with the City of Meridian and its
residents in constructing and operating a successful new store.
Thank you for your consideration of this application.
Sincerely,
Jake Hertz, AICP
CenterPoint Integrated Solutions, LLC
Encl.
2
CarMax - Meridian, ID
November 2, 2012
CarMax Operations
CarMax operates differently from traditional car dealerships in that it physically separates its
inventory area from customer and employee parking. This is both for toss prevention control as
well as operational efficiency and safety. All inventory display areas will be separated from the
general public by means of decorative bollards, gates and fencing. Ornamental wrought-iron
fencing is used to separate the customer and employee parking from the display area.
Vehicular access to the display areas is controlled by embassy-style security gates through the
use of a secured key-card. Prospective customers are typically accompanied by an employee
when they are in the display area. Only employees are permitted to drive cars within the display
area. Emergency access will be provided within staging and display areas as required by the fire
department. Test drives are directed away from residential areas.
Service Operations
An integral part of the CarMax used car consumer offer is the reconditioning process that is
performed on all vehicles offered for sale. This process includes a comprehensive Certified
Quality Inspection of the engine and all. major systems. Most routine mechanical and cosmetic
repairs required to bring the vehicle up to the CarMax quality standards are performed in house;
however, for some reconditioning services, third parties specializing in those services are
engaged.
CarMax currently offers limited retail vehicle service (routine maintenance, tires, diagnostic and
mileage services) and provides repairs of vehicles covered by their extended service plans. All
service work is performed inside fully-conditioned buildings equipped with quiet-operation
rollup doors, providing the associates with a great work environment and eliminating the need to
conduct operations with open bay doors.
Retail service vehicles and vehicles awaiting disposition are stored in the secured non-public
staging area on a temporary basis. To provide an attractive visual screen as well as security for
these vehicles, the staging area is surrounded by a six foot high masonry wall, which is
articulated to match the design of the building. Vehicular access to that area is strictly controlled
through the use of embassy-style security gates.
A non-public carwash is located in the secured staging area and is used only by CarMax
associates before vehicles are either placed in the vehicle display area or presented to customers.
An underground fuel storage tank with anon-public fuel pump is proposed for this site. The tank
will be located within the customer and employee parking lot. The fuel pump will be located
adjacent to the FQC building within the secured staging area to fuel inventory vehicles as
needed.
3
CarMax -Meridian, ID
November 2, 2012
Site Li ting & Security
CarMax uses "shoebox" type lighting fixtures mounted on 26-foot tall light poles for visibility
and security. Fixtures use a flat lens and are downcast to reduce light spill onto adjacent
properties. Exterior lighting will be reduced after operating hours.
CarMax typically does not use on-site security guards, but uses interior and exterior security
cameras for safety and inventory protection.
Wholesale Auctions
Vehicles purchased through the CarMax in-store appraisal process that do not meet the CarMax
retail quality standards are sold through on-site non-public wholesale auctions. Auctions are
generally held weekly or every other week; however, frequency at a given superstore is
determined by the number of vehicles to be auctioned. The auctions are conducted within the
enclosed FQC/carwash building. Participation in the wholesale auction is restricted to pre-
qualified licensed automobile dealers only, the majority of whom are independent
dealers. While some larger dealers may bring vehicle carriers to the sale to transport their
purchased vehicles, most will bring drivers to take individual vehicles away. Purchased vehicles
must be removed from the site within 48 hours.
Hours
Sales areas are typically open to the public Monday through Saturday from 9:00 a.m. to 9:00
p.m. with limited. hours on Sundays. Service areas are typically open to the public Monday
through Friday from 7:30 a.m. to 6:00 p.m.
e iv vies
Deliveries of vehicles, parts and supplies are made on-site. Carriers will enter the site through
the private access drive from Elden Gray Lane, via Records Road, and load and unload vehicles
towards the rear of the customer and employee parking lot. Unloaded vehicles will be driven by
employees from the parking lot into the staging area to await preparation for resale or disposition
through the wholesale auction process described above.
4
November 1, 2012
Mr. Jake Hertz 0 IB R I f NR
CenterPoint Integrated Solutions, LLC }I ~ R R
1240 Bergen Parkway Suite A-2 SO A R C M ~ T E C T S
Evergreen, CO 80439
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i2E: CarMax Architectural Submittal
CarMax Facility -Meridian, ID
Please find enclosed the proposed renderings for CarMax Meridian Idaho. This
facility is based on the CarMax Next Generation prototype, a nationwide
prototype reimaging to further enhance the car buying experience at every
location. The result is a new look and layout for the safes /presentation lanes
building at every new CarMax location. This updated design will provide a
more efficient, comfortable and consistent car buying experience for each
customer at every new facility.
Pedestrian Streetscape
The CarMax facilities, wkh the exception of the Future Quality Control
building, which is not seen by the public, will be located on the Southern
portion of the site, with a small portion of the Dispisy Lot located in front of
the building, with frontage along East Fairview Avenue. Placing the buildings
close to roadways gives the development pedestrian scale, puts more parking
toward the interior of the site and enhances the streetscape In order to meet
the Meridian design manual 1.3 Orientation aE Layout C-1.3.2.3.2.
Entry Features
The West, South and a portion of the East elevation will be viewed from East
Fairview Avenue. These facades of the building each showcase the CarMax
decorative peak with an ACM roof between an EIFS cornke and spandrel glass
entry feature. The peak is over the main entry doors that lead out into the
sales building. Here the primary entries are facing the roadway and are clearly
defined by the decorative peak roof feature contributing to anchoring the site
as required in C-1.32.2.1, C-1.3.2.1.4, C-1.3.2.2.2 This portion of the
building is constructed of glass store front, painted smooth and split face
masonry block in 3 different but complimenting earth tone colors, and
masonry block pilasters with a cornice at the top. These decorative entry
features create the entry courtyard to the building as required in C-1.3.2.3.4
Location of service doors
The remaining portion of the East elevation will be constructed of a
combination of smooth and split face painted masonry block. This portion of
the East elevation and the North Elevation encompass aM the overhead doors
that are used for the service center. These portions of the building wFll not be
CarMax Meridian, ID
Page 2 of 2
viewed by the public as Ft will be behind a Eft high masonry block wall in the
sales staging area. C-1.3.2.6.
Roof top units will be screened by the combination of the parapet and EIFS
cornice at the top of the building. This also contributes to the roof
articulation. C-1.3.2.6.
Architectural Character C-2
Each elevation of the building has been details to meet composition and
character required by the Meridian Design Guidelines. All 4 sides of the
building including the sides that are not viewed by the public showcase a
variation of the same features to ensure a consistency, pattern and balance.
The showroom portion of the building that is at the southern more portion of
the site and most visible from the roadway has tinted glass store front on the
ground level to ensure transparency as required per C-2.3.2.3.2. The curtain
wall is broken up with a series of masonry block pilasters with an EFFS cornice
evenly distributed over each fa4ade. The pilasters are also distributed evenly
throughout the fa4ade to ensure vertical articulation to break up massing on
long expanses. Other elements used to articulate the fa4ade are, stripped
horizontal banding in contrasting colors, in a variation of materials, awnings
over doorways and a 2'-8" water table to anchor the building. C-2.4.2.1
There are four different roof height variations shown, one height with an EIFS
cornice over the glazed service door on the West elevation at 24ft. The main
parapet height of the overall building at 26ft before the decorative EIFS
cornice Fs added. The decorative peak roof entry features at each door are at a
height of 39ft and finally the variation of roof height at the strategically
located service door/ window features of 29ft. These roof features also allow
for adequate screening of mechanical units housed on the roof. C-2.4.2.3.1
Materials C-2.5
The building will be constructed of a combination of complimentary colors
and materials; consisting of a combination of smooth and split face (painted,
in 3 different complimenting earth tone colors) masonry block, tinted glass
store front, white EFfS columns and cornice, and ACM roof. C-2.5.2.1
If you have any questions, please advise.
Sincerely,
Sarah Yates LEED AP
CarMax Meridian, ID
Page 3 of 2
Associate
PIEPER O'BRIEM HERR ARCHITECTS
S5
ADA COUNTY RECORDER Christopher D. Rich AMOUNT 52.00 15
BOISE IDAHO 12/28/2012 03:08 PM
DEPUTY Nikola Olson
Simp1i81e Electronic Recording I II'lll IIIII'IIII III~II ~II IIIIII VIII ~IIII I~IIII ~~+ I'II) UII ~"~
WHEN RECORDED, MAIL TO: RECORDED-REQUEST OF I u u
FIRST AMERICAN TITLE AND ESCRO 112137355
Thornton & Associates, PLC
5030 Sadler Place, Suite 204
Glen Allen, VA 23060
Attn: Mr. James Thornton
ELECTRONICALLY RECORDED • DO NOT
REh40VE THE COUNTY STAMPED FIRST
PAGE AS IT IS NOW INCORPORATED AS
PART OF THE ORIGINAL DOCU(JENT.
SPECIAL WARRANTY DEED
In .consideration of Ten and 00/100 Dollars ($10.00) and other good and valuable
consideration, KARL KLEINER, as Trustee of KLEINER TRUST A, as to an undivided 12.5%
interest; KARL KLEINER, as Trustee of KLEINER TRUST B, as to an undivided 12.5%
interest; DAVID KLEINER, as Trustee of KLEINER TRUST C, as to an undivided 12.5%
interest; DAVID KLEINER, as Trustee of K].EINER TRUST D, as to an undivided 12.5%
interest; KAREN KLEINER, as Trustee of KLEINER TRUST E, as to an undivided 12.5%
interest; KAREN KLEINER, as Trustee of KLEINER TRUST F, as to an undivided 12.5%
interest; BRUCE KLEINER, as Trustee of KLEINER TRUST G, as to an undivided 12.5%
interest; BRUCE KLEINER, as Trustee of KLEINER TRUST H, as to an undivided 12.5%
interest (the "Grantors"), hereby grant and convey to CARMAX AUTO SUPERSTORES
WEST COAST, INC., a Virginia (formerly California) corporation, whose address is 12800
Tuckahoe Creek Parkway, Richmond, Virginia 23238 (the "Grantee"), all of Grantors' fee
interests in and to the real property located in Ada County, Idaho, and described in Exhibit A
attached hereto and incorporated herein by this reference (the "Property");
TOGETHER with all easements, rights and hereditaments .appurtenant thereto and all
improvements located thereon;
EXCLUDING (a) any portions of the Property that have been dedicated in fee for rights
of way to any public agencies, and (b) any mineral or water rights, claims or title to mineral or
water that are not now held by Grantors and appurtenant to the Property; and
RESERVING unto Grantors a nonexclusive easement for the construction, use,
maintenance and repair of a paved roadway and driveway and associated taper and turning lanes
and any related lighting, utility lines, signage, landscaping, sidewalks, curbs, curb cuts, drainage
cuts and facilities and similar improvements and fixtures over, under and across that portion of
the Property lying adjacent and contiguous to the west and south boundaries thereof, as more
particularly described in Exhibit B attached hereto as a part hereof, for the purposes of vehicular
access and ingress to and egress from the Property and the parcel lying immediately to the west
thereof and described in Exhibit C attached heleto and to connect said easement area with East
Fairview Avenue and with Elden Gray Way, such easement to be subject to the terms and
conditions of an Easement Agreement between Grantors and Grantee to be recorded immediately
hereafter.
72756708.2 0040834-00007 ]
1 ~j
WHEN RECORDED, MAIL TO:
Thornton & Associates, PLC
5030 Sadler Place, Suite 204
Glen Allen, VA 23060
Attn: Mr. James Thornton
ELECTRONICALLY RECORDED - DO NOT
REMOVE THE COUNTY STAMPED FIRST
PAGE AS IT IS NOW INCORPORATED AS
PART OF THE ORIGINAL DOCUMENT.
SPECIAL WARRANTY DEED
In .consideration of Ten and 00/100 Dollars ($10.00) and other good and valuable
consideration, KARL KLEINER, as Trustee of KLEINER TRUST A, as to an undivided 12.5%
interest; KARL KLEINER, as Trustee of KLEINER TRUST B, as to an undivided 12.5%
interest; DAVID KLEINER, as Trustee of KLEINER TRUST C, as to an undivided 12.5%
interest; DAVID KLEINER, as Trustee of KLEINER TRUST D, as to an undivided 12.5%
interest; KAREN KLEINER, as Trustee of KLEINER TRUST E, as to an undivided 12.5%
interest; KAREN KLEINER, as Trustee of KLEINER TRUST F, as to an undivided 12.5%
interest; BRUCE KLEINER, as Trustee of KLEINER TRUST G, as to an undivided 12.5%
interest; BRUCE KLEINER, as Trustee of KLEINER TRUST H, as to an undivided 12.5%
interest (the "Grantors"), hereby grant and convey to CARMAX AUTO SUPERSTORES
WEST COAST, INC., a Virginia (formerly California) corporation, whose address is 12800
Tuckahoe Creek Parkway, Richmond, Virginia 23238 (the "Grantee"), all of Grantors' fee
interests in and to the real property located in Ada County, Idaho, and described in Exhibit A
attached hereto and incorporated herein by this reference (the "Property");
TOGETHER with all easements, rights and hereditaments appurtenant thereto and all
improvements located thereon;
EXCLUDING (a) any portions of the Property that have been dedicated in fee for rights
of way to any public agencies, and (b) any mineral or water rights, claims or title to mineral or
water that are not now held by Grantors and appurtenant to the Property; and
RESERVING unto Grantors a nonexclusive easement for the construction, use,
maintenance and repair of a paved roadway and driveway and associated taper and turning lanes
and any related lighting, utility lines, signage, landscaping, sidewalks, curbs, curb cuts, drainage
cuts and facilities and similar improvements and fixtures over, under and across that portion of
the Property lying adjacent and contiguous to the west and south boundaries thereof, as more
particularly described in Exhibit B attached hereto as a part hereof, for the purposes of vehicular
access and ingress to and egress from the Property and the parcel lying immediately to the west
thereof and described in Exhibit C attached hereto and to connect said easement area with East
Fairview Avenue and with Elden Gray Way, such easement to be subject to the terms and
conditions of an Easement Agreement between Grantors and Grantee to be recorded immediately
hereafter.
72756708.2 0040834-00007
SUBJECT TO any installments of taxes, levies and assessments that are not now due and
payable; any leases of the Property agreed to by Grantee; and any easements, reservations,
covenants, conditions; and restrictions of record, including, without limitation, those identified in
Exhibit D attached hereto.
The Grantors, for themselves and for their respective successors in interest, do by these
presents expressly limit the. covenants of this Deed to those herein expressed, exclude all
covenants arising or to arise by. statutory or other implication, and do hereby covenant that
against all persons whomsoever lawfully claiming or to claim by, through or under the Grantors,
and not otherwise, he or she will warrant and defend~his'or her interest to the Property.
This Deed may be executed in two or more counterparts, all of which shall constitute but
one and the same instrument, and the original signature pages from such counterparts may be
assembled into a single document to facilitate the recordation of these presents.
All of the Grantors execute these presents solely in their capacity as trustees of the trusts
herein identified and any recourse under this instrwnent shall be confined to the assets of such
trusts.
1N WITNESS WHEREOF, Grantor has executed this Special Warranty Deed this
day of December, 2012.
KLEINER TRUST A
By. ~~ .
Karl Kleiner, Trustee
KLEINER TRUST B
By: ~•~
Karl Kleiner, Trustee
KLEINER TRUST C
David Kleiner, Trustee
72756708.2 0040834-00007 2
KLEINER TRUST D
By. ~ ~ ~ ~
David Kleiner, Trustee
KLEINER TRUST E
~/~ ~/,
Karen Kleiner, Trustee.
KLEINER TRUST F
By; ~~o ~ ~...,._..~
Karen Kleiner, Trustee
KLEINER TRUST G
By:
Bruce Kleiner, Trustee
KLEINER TRUST H
By:
Bruce Kleiner, Trustee
72756708.2 0040834-00007 3
l
KLEINER TRUST D
David Kleiner, Trustee
- KLEINER TRUST E
/~//~ 1
Bye ~~ ~ .A
Karen Kleiner, Trustee
KLEINER TRUST F
ti
Karen Kleiner, Trustee
KLEII~ER TRUST G
sy.
Bruce Kleiner, Trustee
KLETNER TRUST H
Bruce Kleiner, Trustee
72756708.2 0040834-00007 3
STATE OF WASHINGTON
COUNTY OF KING
)`
ss.
I certify that I know or have satisfactory evidence that KARL KLEINER is the person
who appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he is authorized to execute the instrument •and acknowledged it as Trustee. of the
KLEINER TRUST A and KLEINER TRUST B, to .be the free and voluntary act of such party
for the uses and purposes mentioned in tlus~instrument~ ~,.~
Dated: D~~i~c~~ 2012
,~ J~O ''~`Cv~~
QP;~a~,~ss~oy'~~,,~~ ~,~
~o ~,or,~~'.~~m ;
~~%r:
0 4giuaa~a``~ 'C
.~ ~V~.c,.1`N~.,
STATE OF WASHINGTON
COUNTY OF KING
d G~~
Notary name typed or printed): ~ ~ ~Mf
Notazy Public i d r the State of ashington
Residing at: ~,~ ~~ ~~.
My appointment expires: 6 ~Io /cam
ss.
I certify that I know or have satisfactory evidence that DAVID KLEINER is the person
who appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he is authorized to execute the instrument and acknowledged it as Trustee of the
KLEINER TRUST C and KLEINER TRUST..D, to be the fret and voluntary act of such party
for the uses and purposes mentioned in this irk n'e t. ~"~
Dated: Decemt~er ~, 2012
,, Roc ,,
Q F~ pTAq} ~~'~~ r
~s0 ~ N~
i , V ~ . -
~ N ~' 6 bg`1~``= ~O .
N
or
State of Washington
Mary Public i d
Residing at: N'
My appointment expires:
72756708.2 0040834-00007 ~ 4
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that KAREN KLEINER is the person
who appeared before me, and said person acknowledged that she signed this instrument, on oath
stated that she is authorized to execute the instrument and acknowledged it as • Trustee of the
KLEINER TRUST E and KLEINER TRUST F, to be the free and voluntary act of such party for
the uses and purposes mentioned in this ins ent., •
Dated: December ~, 2012
``~`~~a~~~~~titih~
~''''J~~ H' ROQ ~~h
s Q~s~*"~sa~"'~-'~2L~~i
O t~~T~~~~~~
i!I)4 ~'~ %~i
~J1~y 6' `9L1` r
STA~i.~~F~{i~~
COUNTY OF
ss.
I certify that I know (or proved to me on the o of )
that BRUCE KLEINER is the person who appeared efore me, and said person acknowledged
that he signed this instrument, on oath stated that h is authorized to execute the instrument and
acknowledged it as Trustee of the KLEINER TR T G and KLEINER TRUST H, to be the free
and voluntary act of such party for the uses and ses mentioned in this instrument.
Dated: December , 2012
Notary name (typed or printed):
Notary Public in and for the State of New York
Residing at:
My appointment expires:
72756708.2 0040834-00007 $
Residing at:
My appointment expires:
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence KAREN KLEINER is the person
who appeared before me, and said person acknowledge t she signed this instrument, on oath
stated that she is authorized to execute the ins t and acknowledged it as Trustee of the
KLEINER TRUST E and KLEINER TRUST F, e the free and voluntary act of such party for
the. uses and purposes mentioned in this ins ~ ~ ~ ~ ~ ~
Dated: December, 2012
STATE OF NEW YORK )
l',, ) ss.
COUNTY OF VU 111Y~ )
Y
l~etary name (types or prmtea~:.a,r.~- (~. H•~..w
Notary Public in a for ~ State of Washington
Residing at: ~ h
My appointment expires: 1 o IJ "
I certify that I know (or proved to me on the oath of ~
that BRUCE KLEINER is the person who appeared before me, and said person acknowledged
that he signed this instrument, on oath stated that he is authorized to execute the instrument and
acknowledged it as Trustee of the KLEINER TRUST G and KLEINER TRUST H, to be the free
and voluntary act of such party for the uses and purposes mentioned in this instrument.
Dated: December 2"Y, 2012
Notary name ty ed or printed): ~Wla~
Notary Public d f r the Stat o New Y
Residing at• UI OV~
My appointment expires: 41.
RONALD V. UY
NOTARY PUBLIC-STATE Of NEW YORK
No. O1 UY6254143
Auallfled In Aueens County
My Commlaslon Expires Jonuory 17. 2016
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72756708.2 0040834-00007 5
EXHIBIT A
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Secdoa 4, Towttshlp 3 Noah. RaaB+e t ~, Bo1se Mal4lea. Asa Comuy. Ideho. beia8 care
perQwhtdydescdbcdaa tbilaws: .
~etnt0asafag at a bites Cap atetkiag the ao0t6>,vpt oamaF of 8ecliob 4. TowtaTtip ~ Notth„
-9y x'17_"-B.x~659~51yho~t a1~~.Ato so_u`iha l~b~e~of ~e ~woat queroer toa3/8 filch .
tebair tne~dting the eougt ~, tV{~11WN W V V W~Va ~1 ~
Theaoe 889°46'39"6.664.61 ibet 91008 the smah line oSlhe aou~t gaarter;
'[! N110°f 3'21'B, S7.94 feet oo a S/81nofi mbar nawltCng the eei0tbweot o0:0ar of Vaq>!re
Sufidlviabpn, Book 27 Of Plata at 1'~te 170f 8t 1TOS, 00 ge na~tk dgLGO6par Ilse o/F.est
Fairview Araata the Pt)1N1'•OF BEt31NNIIi(3:
TheOOeNfTO°04'25"B.741.971betatongthe carat (i0e of ~/mttttre Sabdtvfaioi-;
Tltereoe N89°S9'39"W. 6ti3.68 fea td tbC west i0fe oithe ttaest hqf oftba t~hsveat
g0attxof@>lesoqusster; ,
'l7tabo0 »00°b9'04°VI-,'f41.t?7 &etalong the ae:e Hoe of the sweat halPotthe
southwest t}>lertetr of tAe stgttstter to t 5/8 ~4 reber on the north ttigbto~
• vvty lltta o1?13stit'FahvIew A~
ibeotta 889°39'29"6, 664.68 tpxub»g the note righaof-wsy 16-C of Haft Fsltview
Avaiue to 6ro PaIIdT Of+ 8801NNMQ
7~te abovadtuo:ibed pm~cet eAarolw U.Sf aotw; i0ao orkas, .
t;t>~eot to aoq adsti0g eseeaaoata or rigitlrof~vay of teoord oruppaed. .
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72756708.2 0040834-00007
Exhibit A-i
EXHIBIT A
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w.ri..a~` .~«~110 MM'(C~n (~OMdtlr~ ll;fi ~~eJe~ r ~
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Exhibit A-2
72756708.2 0040834-00007
EXI3IBIT B
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ilia COMPANIES u~i~mw, r~
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fahvlew Easement Area
Klelnor Trust Parcel 38
An easement situated in the west half of the southwest quarter of the southeast quarter of Section 4,
Township 3 North, Range 1 East, Boise Meridian, Meridian City, Ada County, Waho, being more
pa-tlcularly dexribed as folbws:
Commengng at a brass pp markng the southwest comer of Section 4, Township 3 North, Range 1 East,
Boise Meridian;
Thence S89°46'17"E, 2&59.51 feet along the south Nne of the southwest quarter of Sectbn 4 to a 5/8
inch rebar marking the south quarter•section wrner of Section 4;
Theno N00°09'04"E, 55.26 feet along the east line of the southwest quarter to a 5/8 Inch rebar marking
the southwest comer of Parcel 38 (Record of Survey 8394, records of Ada County, Idaho) on the north
right-of-way Ilne of East FeirvfewAvenue, the POIN70F BEGINNING:
Thence continuing N00'09'04"E, 179.04 feet along the west Ilne of Parcel 38;
Thence 589'50'56"E, 14.50 feet;
Thence 502'08'21"E, 100.07 feet;
Thence 500'09'04"W, 31.92 feet;
Thence 589'50'56"E, 2.00 feet;
Thence 861°42'08`E, 31.80 Feet;
Thence 589'S9'29"E, 160.40 feet;
Thence 586.56'19"E, 225.27 feet;
Thence 500'00'31"YV, 20.00 feet to the north right-of-way Ilse of East Fairview Avenue;
Thence N89S9'29"W, 433.96 feet abng the north right-of-way line of East Fairview Avenue to
the POINT OF BEGINNING.
fie above-described easement wntalns 15,297 square feet, more or less.
Exhibit B-1
72756708.2 0040834-00007
EXHIBIT B
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72756708.2 0040834-00007
EXHIBIT C
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Job Na 6077070.00 .
A paroel of itptd attatad to nm eaa half oflEts eoathxnt gnr~ta of sxuva 4, rennmNp s
North. Range 1 Beat, Hobe Meridian. Adm County, ldapo, 6elug ntbre polkolulydaaeib~
as foRotiva:
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'lbbnoe 589446`i7"B, 26S4.SI Ibel abmg file mea41 Hro Of mtl aoa~tgnnkr b a SB bleb
tebac tntdilog Ihs mouth gnsrosteaatoa ootaer oPSeotbn 4;
Thaxx N00'09'04"B, SS.26 bot sloag ~ coat 1We ofthe aouonvaaie gaoler to a ~ htd-
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Thmab N$4°34"l9"W.636.20 Ebel along the ta>At tlghtw~vety)ine ofEwFabtde+v
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72756708.2 0040834-00007
Exhibit C-1
EXHIBIT C
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Exhibit C-2
72756708.2 0040834-00007
EXHIBIT D
Covenants, conditions, restrictions and easements contained in the Deed to the State of Idaho,
conveying a portion of the property adjoining. Recorded: July 28, 1955, as Instrument No.
380667
Well Sharing, Water Supply and Easement Agreement and the terms and conditions thereof:
Between: David E. Kleiner, Trustee of The 2008 Kleiner Family Trust dated
March 4, 2008
And: Eugene M. Kleiner and Michael E. Huter as Co-Trustees of The
Julius M. Kleiner Memorial Park Trust dated April 5, 2007; and
Meridian Centercal, L.L.C.
Recording Information: 108087272
Water Line Easement Agreement and the terms and conditions thereof
Between: David E. Kleiner, Trustee of The 2008 Kleiner Family Trust dated
March 4, 2008
And: Meridian Centercal, L.L.C. '
Recording Information: 108087273
Development Agreement and the terms and conditions thereof:
Between: City of Meridian
And: David E. Kleiner, Trustee of The 2008 Kleiner Family Trust dated
March 4, 2008
Recording Information: 109009630
Easement, including terms and provisions contained therein:
Recording Information: l 10106084
In Favor of: Idaho Power Company
For: power lines
Exhibit D
72756708.2 0040834-00007
E IDIAN~-- Meridian City Hall, Suite 102
33 E. Broadway Avenue
IDAHO Meridian, Idaho 83642
Community Development 208.887.2211
Deoarfment
Address Verification
Date: 11/21/12
The address information below has been researched and verified as the "correct address" by the City of
Meridian Community Development Department.
Project Name: CARMAX STORE #6039
Address: 4043 E. Elden Gray St.
Zip Code: 83642
Parcel: S1104438750
1) The address has been assigned based on available information.
This address should be considered temporary. Final address to be assigned upon completion of
development.
2) This address will be required to connect to municipal services per Meridian City Code 9-1-4.
_X_ Municipal water is available for connection at this location.
_X_ Municipal sanitary sewer is available for connection at this location.
This property does not currently have municipal services available.
3) This is an existing structure that is currently connected to municipal services.
ALL PLANS BEING SUBMITTED TO THE CITY OF MERIDIAN WILL BE REQUIRED TO CLEARLY REFLECT THE CORRECT
ADDRESS AND SUITE NUMBER (IF APPLICABLE) AS REFLECTED ABOVE.
Address Verification Rev: 04/23/12
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Sonya Watters
From: Mindy Wallace <Mwallace@achdidaho.org>
Sent: Monday, December 10, 2012 11:10 AM
To: Sonya Watters
Subject: RE: CarMax -Kleiner Property
Sonya,
Sorry, I forgot to answer last Friday O. We have the right-of-way needed to complete the street. Depending on the
location of the sidewalks, additional easements may be required.
Mindy
Mindy Wallace
Planning Review Supervisor
Ada County Highway District
(208) 387-6178
"We drive quality transportation for all Ada County -- Anytime...Anywhere!"
From: Sonya Wafters [mailto:swatters@meridiancity.org]
Sent: Monday, December 10, 2012 11:08 AM
To: Mindy Wallace
Subject: RE: CarMax -Kleiner Property
Forgot to ask you about this when I called...do you know or is there someone else I need to direct the question to? Thx!
From: Sonya Wafters
Sent: Friday, December 07, 2012 1:25 PM
To: mwallaceCa~achdidaho.ora
Subject: CarMax -Kleiner Property
Hi Mindy,
Can you please tell me if David Kleiner has dedicated all of the ROW necessary for Elden Gray Lane? CarMax submitted
their CZC...
Thanks!
~r~ w~~
Associate City Planner, Planning Division
City of Meridian -Community Development Department
33 E. Broadway Avenue, Suite 102
Meridian, ID 83642
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ADA COUNTY RECORDER Christopher D. Rich AMOUNT 112.00 35
BOISE IDAHO 12/28/2012 03:08 PM
DEPUTY Nikola Olson
SLnplirde Electronic Recording I IIIIII VIII VIII (VIII III IIIIII VIII IIIIII IIIIII III I~III III IIN
RECORDED-REQUEST OF 1 f l u ,I
FIRST AMERICAN TITLE AND ESCRO 112137356
After recording, return to;
ELECTRONICALLY RECORDED • DO NOT
James D
Thornton REMOVE TNC• COUNTY STANPED FIRST
.
Thornton & Associates, PLC PAGE AS 17 IS NON! INCORPORATED AS
PART OF TFs~ ORIGINAL DOCUMENT.
5030 Sadler Place, Suite 204
Glen Allen, VA 23060
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is dated as of the ~ day of
(S~JfY1 , 2012, by and between KARL KLEINER, as Trustee of KLEINER TRUST
A; KARL KLEINER, as Trustee of KLEINER TRUST B; DAVID KLEINER, as Trustee of
KLEINER TRUST C; DAVID KLEINER, as Trustee of KLEINER TRUST D; KAREN
KLEINER, as Trustee of KLEINER TRUST E; KAREN KLEINER, as Trustee of
KLEINER TRUST F; BRUCE KLEINER, as Trustee of KLEINER TRUST G; BRUCE
KLEINER, as Trustee of KLEINER TRUST H (all of the foregoing to be indexed as grantors
and grantees and to be referred to herein collectively as the "Trusts"), and CARMAX AUTO
SUPERSTORES WEST COAST, INC., a California corporation (to be indexed as a grantor
and a grantee and to be referred to herein as "CarMag").
Recitals
By deed from the Trusts recorded immediately prior hereto, the Trusts conveyed
to CarMax the real property described on Exhibit A attached hereto as a part hereof (the
"CarMax Property," which is sometimes referred to herein as "Parcel 3B").
The Trusts are the owner of the premises adjoining the CarMax Property and
more fully described on Exhibit B attached hereto as a part hereof (the "Trust Property," which
is sometimes referred to herein as "Parcel 3A" 1.
The parties have agreed to certain easements to facilitate the development of the
CarMax Property and the Trust Property.
At=_reement
NOW, THEREFORE, for and in consideration of the recitals, which are
incorporated herein as if fully set forth, and for other good and valuable consideration, receipt of
which is hereby acknowledged, the parties agree as follows:
1. Access Easements.
35
(a) Reference is hereby made to Exhibit C attached hereto as a part
hereof, which shows an easement area (the "Access Easement Area") lying partly on the
CarMax Property and partly on the Trust Property, and which Access Easement Area is more
35
After recording, return to:
James D. Thornton
Thornton & Associates, PLC
5030 Sadler Place, Suite 204
Glen Allen, VA 23060
ELEC I RONICALLY RECORDED - DO NOT
REI~7pVE TILE= COUNTY STAf~PED FIRST
PAGE AS IT IS NOIN INCORPORATED AS
PART OF THE ORIGINAL DOCU(d~ENT.
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is dated as of the ~ day of
M _, 2012, by and between KARL KLEINER, as Trustee of KLEINER TRUST
A; KARL KLEINER, as Trustee of KLEINER TRUST B; DAVID ICLEINER, as Trustee of
KLEINER TRUST C; DAVID KLEINER, as Trustee of KLEINER TRUST D; KAREN
KI.EINER, as Trustee of KLEINER TRU5T E; KAREN KLEINER, as Trustee of
KLEINER TRUST F; BRUCE KLEINER, as Trustee of KLEINER TRUST G; BRUCE
KLEINER, as Trustee of KLEINER TRUST H (all of the foregoing to be indexed as grantors
and grantees and to be referred to herein collectively as the "Trusts"), and CARMAX AUTO
SUPERSTORES WEST COAST, INC., a California corporation (to be indexed as a grantor
and a grantee and to be referred to herein as "CarMax").
Recitals
By deed from the Trusts recorded immediately prior hereto, the Trusts conveyed
to CarMax the real property described on Exhibit A attached hereto as a part hereof (the
"CarMax Property," which is sometimes referred to herein as "Parcel 3B").
The Trusts are the owner of the premises adjoining the CarMax Property and
more fully described on Exhibit B attached hereto as a part hereof (the "Trust Property," which
is sometimes referred to herein as "Parcel 3A").
The parties have agreed to certain easements to facilitate the development of the
CarMax Property and the Trust Property.
Agreement
NOW, THEREFORE, for and in consideration of the recitals, which are
incorporated herein as if fully set forth, and for other good and valuable consideration, receipt of
which is hereby acknowledged, the parties agree as follows:
1. Access Easements.
(a) Reference is hereby made to Exhibit C attached hereto as a part
hereof, which shows an easement area (the "Access Easement Area") lying partly on the
CarMax Property and partly on the Trust Property, and which Access Easement Area is more
particularly described on Exhibit C-1 attached hereto as a part hereof. Title to the CarMax
Property was conveyed by the Trusts to CarMax subject to the Trusts' reservation of an easement
(the "Reserved Easement") reserved in the deed to CarMax for the construction, use,
maintenance and repair of a roadway and driveway including sidewalk, landscaping, drainage
and other related improvements and fixtures along.the western and southern boundaries of the
CarMax Property as depicted and described on Exhibit C-2 attached hereto as a part hereof (the
"Fairview Easement Area") to provide vehicular access to and from East Fairview Avenue and
the Trust Property and the CarMax Property and to connect East Fairview Avenue with Elden
Gray Way, and the parties hereby agree that the use and enjoyment of the Reserved Easement
shall be subject to all of the terms and conditions of this Agreement.
(b) The Trusts, as owner of the Trust Property, hereby grant and
convey unto CarMax, as owner of the CarMax Property, and its successors, assigns, tenants, and
invitees, free of any monetary encumbrances that are not subordinate to this Agreement and any
restrictions that would impair any of the uses for which the grants herein are made (such types of
conveyance being hereinafter characterized as being given "with special warranty of title"), a
perpetual, non-exclusive easement for ingress and egress and transit over all roadways,
driveways and entranceways now existing or hereafter constructed on and in the portion of the
Access Easement Area located within the Trust Property, together with (i) the right and
easement, subject to the provisions set forth below, to maintain the Driveway Improvements, as
hereinafter defined, within the Access Easement Area, and (ii) the temporary right and easement
to construct the Driveway Improvements, such right and easement to expire after the
construction of the Driveway Improvements under Sections 2(a) and 2(b) below.
(c) Each party agrees with the other that to the extent any of the
easements reserved, granted and to be granted pursuant to the terms of this Agreement are
required to be dedicated by any governmental authority to enable the same to be improved and
used for their intended purposes, such party will make such dedications as are directed by such
authority.
(d) CarMax, as owner of the CarMax Property, hereby acknowledges
the Reserved Easement and agrees that the CarMax Property is subject to the Reserved
Easement, subject to the terms and conditions of this Agreement. CarMax further grants and
conveys unto the Trusts, as owner of the Trust Property, and their respective successors, assigns,
tenants, and invitees, with special warranty of title, a perpetual, non-exclusive easement for
ingress and egress and transit over all roadways, driveways and entranceways now existing or
hereafter constructed on and in the portion of the Access Easement Area located within the
CarMax Property, together with (i) the right and easement, subject to the provisions set forth
below, to maintain the Driveway Improvements, as hereinafter defined, within the Access
Easement Area, (ii) the temporary right and easement to construct the Driveway Improvements,
such right and easement to expire after the construction of the Driveway Improvements under
Sections 2(a) and 2(b) below, (iii) the temporary right and easement to construct and/or alter the
Driveway Improvements, such right and easement to expire after the construction and/or
alteration of the Driveway Improvements under Section 2(c), and (iv) the right and easement to
connect driveways and accessways to the Driveway Improvements from time to time.
Construction and alteration of the Driveway Improvements shall be subject to the provisions of
Section 2 below.
2
(e) Notwithstanding the foregoing, neither CarMax nor the Trusts
shall use the Driveway Improvements for construction access during the construction of
improvements on the CarMax Property or the Trust Property.
2. Construction of Driveway Improvements.
(a) CarMax shall construct within the Access Easement Area access
drives and associated curbing, gutter, drainage, landscaping (to the extent required by
governmental authorities), and directional signage (collectively, "Driveway Improvements") in
accordance with the plans and specifications (collectively, "Road Plans") more particularly
identified on Exhibit D attached hereto as a part hereof, which Road Plans have been approved
by the Trusts. Any roadway, driveway, curb, gutter, and sidewalk, landscaping, drainage, and
other related improvements and fixtures installed within the Fairview Easement Area are also
part of the definition of Driveway Improvements for the purposes of this Agreement, provided
that CarMax shall only construct and contribute to the cost of the Driveway Improvements
shown in the Road Plans. Any changes to the Road Plans that affect Parcel 3A shall be subject
to the approval of the Trusts, such approval not to be unreasonably withheld provided that such
changes are consistent with the specifications agreed to by the parties in that certain Purchase
and Sale Agreement among the parties dated January 13, 2012 (the "Purchase Agreement").
CarMax agrees to complete the construction of the Driveway Improvements on or before the date
that is three (3) years after the date hereof. In the event CarMax obtains approval for the
improvement of the Fairview Easement- Area to facilitate vehicular access to and from East
Fairview Avenue, CarMax shall complete those Driveway Improvements that lie within the
Fairview Easement Area (to the extent and in the dimensions determined by the governmental
agency that approves such improvements) on or before the date that is two (2) years after the
date of said approval. The parties agree that CarMax has no obligation to pursue approval for the
improvement of the Fairview Easement Area.
(b) If CarMax has not commenced construction of the Driveway
Improvements by April 1, 2013, the Trusts may give notice to CarMax that the Trusts intend to
assume the responsibility to construct the Driveway Improvements. CarMax shall have fifteen
(15) days from when such notice is deemed effective under Section 8 below to notify the Trusts
that CarMax will commence the construction of the Driveway Improvements within thirty (30)
days after CarMax's notice. If CarMax fails to give such notice within said fifteen (15) day
period or, having given such notice, fails to commence such work within the thirty (30) day
period, the Trusts may provide notice to CarMax that the Trusts have assumed the responsibility
for such work, in which case the Trusts shall commence such work as soon as reasonably
possible after obtaining the required permits for such work, and shall use commercially
reasonable efforts to complete such Infrastructure Work within six (6) Construction Months
(which, for the purposes of this Agreement shall mean the calendar months of April through
October) from commencement, but shall in any event complete such Driveway Improvements
within nine (9) Construction Months from commencement. CarMax shall reasonably cooperate
with the Trusts in providing copies of CarMax's plans and permits for such work.
(c) In addition to the rights of the Trusts under Section 2(b), and
regardless of whether the Trusts or CarMax constructs the Driveway Improvements, the Trusts
may at the time Parcel 3A is developed, construct any Driveway Improvements within the
Access Easement Area and Fairview Easement Area that have not been previously completed
(which may include the connection to the public right of way if the Trusts can obtain approval
for such connection). Portions of the Driveway Improvements within the Fairview Easement
Area will be required by governmental entities as a condition to such governmental entities'
approval of an access entrance or exit connecting Parcel 3A or 3B, or both, to East Fairview
Avenue ("Required Driveway Improvements"). Any portion of the driveway shown on
Exhibit C-2 between Parcel 3A and 3B which is not subject to governmental approval and is not
required by the applicable governmental authorities shall nevertheless be included in the
definition of Required Driveway Improvements in the areas shown and described on Exhibit C-2
through the line on Parcel 3B marked "Back of Proposed Curb" (the "Proposed Curb Line").
CarMax shall dedicate land in fee simple to applicable governmental authorities (such
dedications, "Fee Dedications") or dedicate or grant easement area to the applicable
governmental authorities,(such dedications or grants, "Easement Dedications") for Required
Driveway Improvements at and outside of the Proposed Curb Line, and shall make Easement
Dedications within the Fairview Easement Area. At the written request of Trusts, CarMax shall
also make (i) additional Fee Dedications inside of the Proposed Curb Line (but within the
Fairview Easement Area) for Required Driveway Improvements ("Additional Fee
Dedications") unless CarMax reasonably determines that the construction contemplated within
the area subject to the Additional Fee Dedications would reduce the remaining available setback
or landscape buffer below the minimum which is required by the applicable governmental
authorities for Parcel 3B or will cause the CarMax site to become anon-conforming use under
applicable,regulations or zoning ordinances (such determination, a "Zoning Violation
Determination"); and (ii) additional Easement Dedications for required Driveway
Improvements outside of the Fairview Easement Area and south of the Landscape Buffer Offset
Line (hereinafter defined), provided such additional Easement Dedications (aa) are for
improvements permitted to be placed in landscape buffers by the City of Meridian and (bb) are
for improvements that cannot reasonably be placed within the Fairview Easement Area or are
required by applicable governmental authorities to be placed outside of the Fairview Easement
Area. In the event of a Zoning Violation Determination, CarMax agrees to cooperate, at Seller's
sole cost and expense (including the cost of any engineering or legal review by CarMax), with an
application by Seller to the applicable governmental authorities to obtain a ruling that the
proposed Additional Fee Dedication will not cause a violation of applicable zoning or land use
regulations or result in Parcel 3B being anon-conforming use, or with an application by Seller
for a variance to bring the site into compliance with landscape buffer or other rules to allow for
construction of the Required Driveway Improvements. Except for (A) improvements permitted
to be placed in landscape buffers by the City of Meridian, and (B) improvements that do not
interfere with Fee Dedications or Easement Dedications that CarMax has agreed to make
hereunder, CarMax agrees not to construct improvements on Parcel 3B south of the line labeled
on Exhibit C-2 as " 35' Landscape Buffer Line" ("Landscape Buffer Offset Line"), which
Landscape Buffer Offset Line is parallel to and thirty five (35) feet north of the Proposed Curb
Line. The Trusts shall use commercially reasonable efforts to cause any connection between the
Connector Road and East Fairview Avenue to be located substantially in the location shown on
Exhibit C-2. However, if the Trusts are unable despite commercially reasonable efforts to obtain
such approval in such location, the Trusts may, without affecting or impairing their easement in
the Fairview Easement Area or other rights under this Agreement or under the Reserved
Easement, move the location of the access entrance and exit to and from East Fairview Avenue
4
to the west of the location shown on Exhibit C-2, and may then also connect a driveway to such
entrance in a location other than as shown on Exhibit C-2. The Trusts may increase the width of
the Driveway Improvements beyond what is agreed to herein (with the land required for such
additional width provided by the Trusts), may increase the length of the Driveway
Improvements, and may reduce the length of the Driveway Improvements provided that a
reduction is permitted only if (A) the removal of any portion of the Driveway Improvements
does not result in the loss of any access drive connection from the CarMax Property to the
Driveway Improvements, and does not result in the loss of any connection between the Driveway
Improvements and any public road to which the Driveway Improvements connect, and (B) the
Trusts pay CarMax $75.00 per lineal foot for any portion of the Driveway Improvements
removed.
(d) Costs for the. construction of the Driveway Improvements shall be
divided between the parties in the manner set forth in the Purchase Agreement, reference to
which is hereby made.
(e) The construction of the Driveway Improvements (as the same may
be modified pursuant to this Section 2) shall be performed in a good and workmanlike manner,
lien-free, and in accordance with all laws, ordinances, statutes, and regulations applicable
thereto. The portions of the Driveway Improvements included in the Road Plans shall be
constructed in accordance with the Road Plans (as the same may be revised pursuant to the
provisions above). When work is performed by either party on the land of the other party, the
parties shall cooperate and shall cause their respective engineers and consultants to cooperate to
coordinate the performance of such work with any other work being performed on such land, to
minimize the interference between the parties and their respective contractors.
Maintenance of Driveway Improvements.
(a) CarMax shall maintain the Driveway Improvements at CarMax's
expense until the Trusts Commence Development of Parcel 3A (as defined below) to a standard
in keeping with the maintenance of access drives in first class retail developments in the Boise,
Idaho metropolitan area. After Trusts Commence Development of Parcel 3A, CarMax shall
maintain the Driveway Improvements, and the Trusts shall reimburse CarMax for one half of the
commercially reasonable cost of such maintenance within fifteen (15) days after CarMax's
invoice therefor, and CarMax shall provide reasonable documentation for such cost upon the
Trusts' request. If CarMax fails to maintain the Driveway Improvements to the standards and
cost required hereunder, and (A) such failure continues beyond the Response Period, as defined
below (or if such failure cannot reasonably be cured in the Response Period, if CarMax fails to
commence such cure within the Response Period and diligently pursue such cure to completion
within sixty (60) days of commencement; provided that if the cure of such failure will involve
the repair of paving, CarMax shall have not less than two Construction Months, as defined
above, to complete such repair), the Trusts shall have the right to perform such maintenance and
to recover from CarMax one half the cost of such maintenance within fifteen (IS) days after
Trust's invoice therefor, and Trusts shall provide reasonable documentation of such cost upon
CarMax's request. In addition, either party at its own expense shall have the right to perform
repairs and maintenance on the Driveway Improvements after notice to the other party, but
without waiting for any Response Time to run. Either party at any time and for any reason shall
5.
have the right to require that the maintenance of the Driveway Improvements be assumed by a
professional maintenance company, in which event the parties shall jointly agree on a reputable
professional maintenance company within the Boise, Idaho metropolitan area, such company to
be engaged at the joint expense of the parties. With respect to the clearing of snow and ice after
inclement weather and with respect to maintenance or repair that is required to avoid an
imminent threat of properly damage or personal injury, "Response Time" shall mean as soon as
reasonably practical, but in any event within two (2) business days. With respect to other
maintenance and repairs, "Response. Time" shall mean ten (10) days.
(b) Notwithstanding the foregoing, in the event the Driveway
Improvements are damaged through the negligence of either party or its tenants, employees,
agents, contractors, invitees, licensees, and customers, then such party shall repair such damage
at such party's sole cost and expense. . .
(c) The Trusts "Commence Development of Parcel 3A" when the
Trusts begins to develop Parcel 3A, as evidenced by (A) the issuance of a building permit,
erosion control permit, earth disturbance permit, road construction permit, or similar permit by
the applicable governmental authority, and (B) the mobilization of workers and equipment to
begin such permitted work. Notwithstanding the foregoing, the Trusts shall not be deemed to
have Commenced Development of Parcel 3A by reason of any work done to accommodate the
farming or other agricultural use of the property, including the construction of a farm residence
or other farm buildings or structures, or the installation of irrigation lines or drainage facilities,
pursuant to existing water rights agreements or for farming or other use of Parcel 3A, or in
connection with any road construction undertaken by Meridian CenterCal Properties.
4. Grant of Utility and Storm Water Easements.
(a) The Trusts, as owner of the Trust Property, hereby grant and
convey unto CarMax, as owner of the CarMax Property, and~its successors, assigns, and tenants,
with special warranty of title (as previously defined), and CarMax, as owner of the CarMax
Property, hereby grants and conveys unto Trusts, as owner of the Trust Property, and their
successors, assigns, and tenants, with special warranty of title (as previously defined), (i) a
temporary (within the time frames set forth in this Agreement, but which time frames shall not
be applicable to the rights set forth in Section 6 hereof), non-exclusive easement for the
construction and installation) of, and (ii) a perpetual, non-exclusive easement for the use,
operation, maintenance, replacement, and repair of
(i) Water and sanitary sewer lines and appurtenances in the location described
on Exhibit E-1 attached hereto as a part hereof.
(ii) Electrical, telephone and gas lines and appurtenances in the location
described on Exhibit E-2 attached hereto as a part hereof.
The facilities contemplated by subsections (i) and (ii) above shall be refereed to herein
collectively as the "Utility Facilities (which term includes utility lines that are shown on the
attached exhibits but will be located within a public right of way)," and the easements granted
under this Section 4(a) shall each be referred to herein as a "Utility Easement," and shall be
referred to herein collectively as the "Utility Easements."
Construction of Utility Lines.
(a) CarMax shall construct the Utility Facilities in accordance with the
plans and specifications more particularly identified on Exhibit F attached hereto as a part hereof
(the "Utility Plans"), which Utility Plans have been approved by the Trusts. Any changes to the
Utility Plans that affect Parcel 3A shall be subject to the approval of the Trusts, such approval
not to be unreasonably withheld provided that such changes are consistent with the requirements
of the Purchase Agreement. CarMax agrees to complete the construction of the Utility Facilities
on or before the date that is three (3) years after the date hereof; provided, however, that CarMax
shall complete those Utility Facilities located within the right of way of North Venture Street or
Elden Gray Way on or before the date that is two (2) years after the date hereof.
(b) If CarMax has not commenced construction of the Utility Facilities
by April 1, 2013, the Trusts may give notice to CarMax that the Trusts intend to assume the
responsibility to construct the Utility Facilities. CarMax shall have fifteen (15) days from when
such notice is deemed effective under Section 8 below to notify the Trusts that CarMax will
commence the construction of the Utility Facilities within thirty (30) days of CarMax's notice. If
CarMax fails to give such notice within said fifteen (15) day period or having given such notice
fails to commence such work within the thirty (30) day period, the Trusts may provide notice to
CarMax that the Trusts have assumed the responsibility for such work, in which case Trusts shall
commence such work as soon as reasonably possible after obtaining the required permits for
such work, and shall use commercially reasonable efforts to complete such Infrastructure Work
within six (6) Construction Months from commencement, but shall in any event complete such
Utility Facilities within nine (9) Construction Months from commencement. CarMax shall
reasonably cooperate with the Trusts in providing copies of CarMax's plans and permits for such
work. CarMax hereby grants and conveys unto the Trusts, as owner of the Trust Property, and
its successors, assigns, tenants, and invitees, with special warranty of title, a temporary, non-
exclusive easement for the construction of the Utility Facilities, to be exercised in the event the
Trusts exercise their right hereunder to construct the Utility Facilities. Such easement shall
expire upon completion of the construction of the Utility Facilities. All construction of Utility
Facilities shall be performed in a good and workmanlike manner, lien free, and in accordance
with the Utility Plans and all applicable laws, regulations, and ordinances.
6. Relocation of Utilit~Easements. Trusts and CarMax may each relocate
part or all of the Utility Facilities on its respective property to a different location within such
property, provided that (i) such relocation shall be performed at the relocating party's sole cost
and expense, (ii) the relocated Utility Easement shall be improved with Utility Facilities of the
same or better quality and capacity as the Utility Facilities then existing, (iii) any relocation shall
be performed in a manner that minimizes, to the extent reasonably practical, any interruption of
utility service to the property of the other party, and (iv) the relocating party shall grant to the
other party a Utility Easement in such new location containing the same terms and conditions as
the Easement Agreement. Upon such relocation, the parties agree to release their easement
rights in and to the Utility Easement, or portion thereof, that is relocated. Trusts and CarMax
may each install additional utility stubs or connecting lines, or relocate existing utility stubs or
7
connecting lines, to serve its own property and which connect to the main sewer, water, or other
utility line which runs under the area occupied by the Driveway Improvements, provided that
such relocation or installation shall be performed at the relocating or installing owner's sole cost
and expense and shall be performed in a manner that minimizes, to the extent reasonably
practical, any interruption of service to the property of the other party.
7. Indemnity and Insurance.
(a) CarMax and the Trusts and their respective successors and assigns,
and such persons' employees, agents, tenants, contractors, invitees and licensees, assume all
risks of property damage and personal injury that result or arise from such persons' entries upon
and use of the property of the other party hereto pursuant to this Agreement.
(b) CarMax, and the Trusts, and their respective successors and
assigns, hereby indemnify, defend, and hold harmless the other from any cost, claim, damages,
or liability, including but not limited to mechanics' liens and tort liability, and court costs and
reasonable attorneys' fees, arising from the exercise by the indemnifying owner or its employees,
agents, contractors, tenants, invitees, or licensees of the easement rights granted or created by
this Agreement.
(c) From and after the time the Trusts Commence Development of
Parcel 3A or CarMax begins to develop the CarMax Property, the party commencing such
development shall maintain commercial general liability insurance or its equivalent, and owned
and non-owned automobile liability insurance, covering its or their activities and such party's
liability for those of its or their employees and invitees on the Driveway Improvements with
coverage limits of not less than $2,000,000. In addition, if the insurance maintained by either
party does not cover liability for the actions of such party's contractors, or does not cover liability
for the actions of such party's tenants, then such party shall cause such party's uncovered
contractors or tenants to maintain commercial general liability insurance or its equivalent, and
owned and non-owned automobile liability insurance, covering their respective activities, on the
Driveway Improvements, with coverage limits of not less than $2,000,000.
8. Notices. All notices required or permitted hereunder shall be sent (i) by
certified mail, return receipt requested, or by Federal Express or other comparable overnight
delivery service with delivery signature required, to the address provided below, and (ii) by
email to the Trusts whose email address is Listed below and by facsimile to CarMax, each to the
respective email addresses or facsimile numbers so identified, provided that where any person
succeeds to the rights of one of the parties hereto, notice by email or facsimile to such successor
shall be required only if such successor shall have consented in writing to notice by that method
and shall have furnished notice of such successor's email address or facsimile number pursuant
to this Section. Each person listed below may provide notice of a new address and/or email
address or facsimile number to the persons listed below or their successors, which shall then be
used for all subsequent notices in lieu of the addresses or number which they replace. The initial
addresses and facsimile number for the parties hereto are as follows:
8
AS TO THE TRUSTS:
David Kleiner
3841 Carr Place N.
Seattle, Washington 98 ] 03
Email: davidkleiner00@gmail.com
Karl Kleiner
P. O. Box 52825
Bellevue, Washington 98015
Karen Kleiner
9829 NE 25th Street
Bellevue, Washington 98004
Bruce Kleiner
2 Washington Square Village, Apt 15CEG
New York, New York 10012
Email: bkleiner@courant.nyu.edu
AS TO CARMAX:
CARMAX AUTO SUPERSTORES, INC.
12800 Tuckahoe Creek Parkway
Richmond, VA 23238
Attention: Vice President, Real Estate
Facsimile: 804-93 5-4547
In the event either party hereto conveys its interest in its property and fails to notify the other
party of such conveyance, notice given in accordance with the provisions of this Section to the
address of the new owner of such property as set forth in the real estate tax records of the
jurisdiction in which such property is located shall be deemed sufficient notice under this
Section. Any notice shall be deemed effective when both any required electronic mail or
facsimile transmission is sent and the certified mail or overnight delivery is delivered or is
refused or is returned as undeliverable.
9. Limitation of Liability. Any other provision of this Agreement to the
contrary notwithstanding, no party to this Agreement shall be liable to any other party for such
other party's punitive or consequential damages, but the indemnities in this Agreement shall
encompass any punitive or consequential damages of any third party for which the indemnified
party is liable to the extent the same are caused.by any matter indemnified against. CazMax, for
itself and its successors and assigns, acknowledges and agrees that the persons executing this
Agreement on behalf of any of the Trusts do so solely in their capacity as a trustee and not
individually and that such persons shalt have no personal liability hereunder.
9
10. Estoppel Certificate. CarMax and the Trusts shall, at any time and from
time to time, within ten (10) business days after written request by the other party, execute,
acknowledge and deliver to the requesting party a statement in writing certifying all factual
matters related to this Agreement reasonably requested by the requesting party or any current or
prospective transferee, purchaser of the requesting party or any current or prospective lender to
the requesting party or its transferee, including without limitation the nature of known claims
related to the easements, if any. Any statement delivered (or to be delivered) pursuant to this
paragraph shall be given to the current actual knowledge of the person signing the same without
any requirements for independent investigations or reviews, and may be relied upon by any
current or prospective transferee, purchaser of the requesting party, tenant of the requesting
party, or lender to the requesting party or its transferee.
11. Binding E,~ffect. This Agreement is specifically enforceable. The benefits
and burdens of this Agreement, including, without limitation, all of the assumptions of risk,
indemnities and rights to and limitations upon damages, shall run with the CarMax Property and
the Trust Property and shall be binding and shall benefit the successors, assigns, and tenants, of
CarMax and the Trusts. No person or entity shall have any liability under this Agreement for
any acts or omissions of any other person or entity that arises after such former person or entity
has conveyed all of its interests in its property to an unrelated third party.
12. Entire Agreement. Except for the Purchase Agreement, this Agreement
supersedes all former oral and written agreements that specifically relate to the subject matter
hereof and shall constitute the entire agreement of the parties hereto with respect to such matters.
To the extent of any inconsistency between the express provisions of the Purchase Agreement
and those in this Agreement, the latter shall be controlling. This Agreement may be amended
only by a written instrument recorded in the land records of the jurisdiction in which the CarMax
Property and the Trust Property are located, and executed by CarMax and by the Trusts, or their
respective successors or assigns. Any such amendment shall not, however, require the signature
of any tenant of the CarMax Property or the Trust Property, absent a recorded document
assigning the right to amend this Agreement to any such tenant.
13. Applicable Law; Construction. This Agreement shall be construed,
interpreted and applied in accordance with the laws of the State in which the CarMax Property
and the Trust Property are located. Singular shall denote the plural as well as the singular, and
vice versa, and the masculine shall include the feminine and the neuter and vice versa except as
the context may otherwise require. The headings herein contained are solely for convenience of
reference and shall not constitute a part of this Agreement or affect its meaning, construction or
intent.
l4. Counterparts. This Agreement may be executed in two or more
counterparts, all of which taken together shall constitute a single instrument.
IN WITNESS HEREOF, the Seller and Purchaser have executed this Agreement
as of the date and year first written above:
10
12. Entire Agreement. Except for the Purchase Agreement, this Agreement
supersedes all former oral and written agreements that specifically relate to the subject matter
hereof and shall constitute the entire agreement of the parties hereto with respect to such matters.
To the extent of any inconsistency between the express provisions of the Purchase Agreement
and those in this Agreement, the latter shall be controlling. This Agreement may be amended
only by a written instnunent recorded in the land records of the jurisdiction in which the CarMax
Property and the Trust Property are located, and executed by CarMax and by the Trusts, or their
respective successors or assigns. Any such amendment shall not, however, require the signature
of any tenant of the CarMax Property or the Trust Property, absent a recorded document
assigning the right to amend this Agreement to any such tenant.
13. Applicable Law: Construction. This Agreement shall be construed,
interpreted and applied in accordance with the laws of the State in which the Cariviax Property
and the Trust Property are located. Singular shall denote the plural as well as the singular, and
vice versa, and the masculine shall include the feminine and the neuter and vice versa except as
the context may otherwise require. The headings herein contained are solely for convenience of
reference and shall not constitute a part of this Agreement or affect its meaning, construction or
intent.
14. Counteroarts. This Agreement may be executed in two or more
counterparts, all of which taken together shall constitute a single instrument.
IN WITNESS HEREOF,. the Seller and Purchaser have executed this Agreement
as of the date and year first written above:
KLEINER TRUST A
sy: k~
Karl Kleiner, Trustee
State of Washington )
ss
County of King ~ )
I, ~ ~ (` Gu" , a notary public, do hereby certify that on this? ~ r9ay of
.ra w. 2012, personally appeared before me ICN.c~ GIs+~r 'K ,who, being
by me fast duly sworn, declared that he/she is the Trustee of Kleine-' r rusT t A, that he/she signed
orego current as Trustee of the Trust, and that the statements therein contained are
true.
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My Commission expires: ~ ~ ~ i 4 ~ ' ~ r v ' O
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KLEINER TRUST B
BY: l~G~.
Karl Kleiner, Trustee
State of Washington
ss
County of King ~ I)
I, ~ ~ C`e`c~ ~(f' a notary public, do hereby certify that on thi~ ~ ~~y of
yY~ 2012, personally appeared before me ~ ~~ i Ir"•~ who, being
me first duly sworn, declared that he/she is the Trustee of Klei er Trust B, that he/she signed
th oregoing d ent a Trustee f the Trust, and that the statements therein contained are
true. ` ~~~~~~~~~ ~ ~ ~, i
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Notary pub is ~ '" ,__ ~` O~ARy ~~''i
My Commission expires: / 0 / ~ ~ ~ ? _ - a
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KLEINER TRUST C ~%, u'j~''~+,,~1j6 10 ~~' ~~
~TF OIF .~ ~~~`
By: .~.. ~P °~ ` -
David Kleiner, Trustee
State of Washington )
ss
County of King ~ )
I, 1'~~~, a notary public, do hereby certify t o thisZ t day of
~. w ~Nl... 2412, personally appeared before me ~- ,~,:.~~C ~il'h ~u'L ,who, being
by me first duly sworn, declared that he/she is the Trustee of Kleiner Trust C, that he/she signed
the~goin oc t as Trustee of the Trust, and that the statements therein contained are
e.
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My Commission expires: / 4 /J . O ,~~`'~oN`I~Y''~+, F~ •
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11
KLEINER TRUST D
sy: ,~C.> 2
David Kleiner, Trustee
State of Washington
ss
County of King }
o<. V`~ n lic r b c th t o thisZ~ ~da of
\~ I, ~ !( c,- a otary pub , do he e y fy -! ~ ,_ y
~3 s-...r ~ f~ , 2012, personally appeared before me ~. U 4 ~ ~ who, being
by me first duly sworn, declared that he/she is the Trustee of Kleiner Ttust D, that he/she signed
o going doc ent as Trustee of the Trust, and that the statements therein contained are
true. ~ -
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otary blic / / , _ ,~ ~~~ ~ARy ~~F ~;~
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My Commission expires: ~ Q ; 2
KLEINER TRUST E %: '°uB`'~~y
G. g0-
By: ~., . ~~ ,C D~ ~i~--•
Karen Kleiner, Trustee
State of Washington }
)~
County of King ~ ~ )I ~~ y
1, ~ ~ .1`.~~tG~"~%a notary public, do,hereby certify that on this ~ day of
t ~. 2012, personally appeared before me ~ ~ who, being
b me fast duly sworn, declared that he/she is the Trustee of Kleiner Trust E, that h she signed
the going do ent as Trustee of the Trust, and that the statements therein contained are
`~~~~~~~~~tt ~, ~
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12
KLEINER TRUST F
By: /C ~~„ p
Karen Kleiner, Trustee
State of Washington
~ ss
County of King 11 ) ,~.-
I, r ~ ~ .. a notary public, do hereby ertify that n 's 2 ~ `clay of
~,s w ~ Yl , 2012, personally appeared before me i/r ,who, being
b me first duly sworn, declared that he/she is the Trustee of Kl ' er Trust F, that he/she signed
e fo ~egoing d ent as Trustee of the Trust, and that the statements therein~c~Q~~ined are
.R~CK~
true. _~~~•
_ ~~~~pN EXp~~,
~_ ~ OAR y Fu.
Otary Pu 11C / i~ Q y e 2
My Commission expires: t4 1 b / / 1 ~ ~ ~ " ~ r ~~
~ ~•,~~ p~s~ ~h
KLEINER TRUST G ~~ii~ ~'~,y~!'~~6„~ ~`,
>> ~,' i'F O F N"
By:
Bruce Kleiner, Trustee
State of New York )
)~
County of ~ )
I, , a notary public, doh y cettify that on this -day of
2012, personally appeared b re me ,who, being
by me first duly sworn, declared that he/she is the T tee of Kleiner Trust G, that he/she signed
the foregoing document as Trustee of the Trust, d that the statements therein contained are
true.
Notary Public
My Commission expires: ~[
KLEINER TRUST H
13
KLEINER TRUST F
By:
Karen iC.leiner, Trustee
State of Washington )
ss
County of King II )
1, F ~ ~ a notary public, hereby ify that n 's ? r 'day of
~~ w ~K 2012, personally apps fore me i1r who, being
b me first duly sworn, declared that he/she is th rustee of Kl finer Trust ,that he/she signed
e fo .egoing d ent as Trustee of the T and that the statements therein~r~t,~ned are
true. ~.~`` ,
ROCS
r ~.
O ypN EXAM
otary Pu lic j , _ ~ iiARy
My Commission expires: ~ / / ! ~ : p °, " ~ " c:
'.,~ Pue`~~F~
KLEINER TRUST G ~~ii ~'~.''''~~~ss,.,'....,,,~
/i~r~~TE O \r, ,.
''~~~~•
~.
State of New York
Bruce Kleiner, Trustee
~~
County of_ Q~ )
I, V a notary public, do hereby certify on this ~~day of
. 012, personally appeared before me who, being
by me first duly sworn, declared that he/she is the Trustee of Kleiner Trust G, that he/she signed
the foregoing document as Trustee of the Trust, and that the statements therein contained are
true.
Notary Pu li
My Commission expires:
RONALD v uv ~~"'f~
~ ~ ~ ~;,'J, '~R TRUST H
`
'
ff
,~
NOTARY PUBLIC-STA1E Of NEW YORK ~
, O~ AJt y ,. ~.
O
•
No. OtUYb254143
Aualified In Aueen& County ,-
~•~,~ s1s(i'•t~~~„
_ -rtcn
'
,
_
My CommlaslOn Expires January 17, 201+6 ;4JEE }?,~.~'` ..
- .. , ~!1.... ~ • ~ /yam
~ O~S1 ~
By' ~~ ,4c~Al~
Bruce IGleiner, Trustee
State of New York )
} ss
County of ~~ )
I, a notary public, do hereby ce th on this 2Z~Dday of
2012, personally appeared before me VIQ~ who, being
by me first duly sworn, declared that he/she is the Trustee of Kleiner Trust H, that he/she signed
the foregoing document as Trustee of the Trust, and that the statements therein contained are
true.
Notary Pu lic O ` ~~
Ivty Commissi pines:
J~ , 1~~ ~
.^' A.
` Y a ~.
~ ,.. ~, 'r ~~' •• r
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RONALD V. UY ' r, ''rpm ~°~ o ,~J:O:
NOTARY PUBLIC-STATE Of NEitY Tf~Ql~ .i, ~, ~~
No. O 1 UY6254143 ~ ~ ' ~ S~'~~ ~ `
Aualitled In Aueens County' ~ r ~ ~ ~ ~ ~ ~
My Commission Expires January 17, 2016
la
CARMAX AUTO SUPERSTORES WEST
COAST, INC., a California corporation
By: ~M
Name: K. Doug s Moyers
Title: Vice President, Real Estate
STATE OF VIRGINIA
COUNTY OF GOOCHLAND
I, ~f • ~ ~ a notary public, do hereby certify that on thiso~ day of
P ~ ' O l 2, personally appeared before me K. Douglass Moyers, who, being by me
first duly sworn, declared that he is the Vice President, Real Estate of CarMax Auto Superstores
West oast, Inc., that he signed the foregoing document as Vice President, Real Estate of the
Co o do , an that the statements therein contained are true."
~~~~~i~iu~~i
of is .~ ~, •' '• '•
QP: • ' AIOTARY ' ~~'~.
PUBLIC , ' : N ?
My Commission expires: ~ (y . * ; REG. #3atoss
~- ~ ~ : MYCOMMISSION
Registration No. _,~~~QSS ,?~•••.•3/3~1~0 6 • ~ ~:~
'~~'o~,~ALTH OEy~Q~ ~.
~~~i~nnN~`~
15
EXHIBIT A
PARCEL 3B DESCRIPTION
16
D E 'S l G N I N C. '
' Boundary. Description
of New Parcel 3b
for Meridian Centercal, LLC
Job No. 6077070.00
A parcel of land situated in the~west half of the southwest quarter of the southeast quarter of
Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more
particularly described as follows:
ff Commencing at a brass cap marking the southwest corner of Section 4, Township 3 North,
PLANNIDNO 1 Range 1 East, Boise Meridian;
Thence 589°46' 17"E, 2659.51 feet along the south line of the southwest quarter to a 5/8 inch
~ rebar marking the south quarter-section corner of Section 4;
I Thence S89°46'39''E, 664.61 feet along the south line of the southeast quarter;
Thence N00°13'21"E, 57.74 feet to a 5/8 inch rebar marking the southwest corner of Venture
~,Y,,, Subdivision, Book 27 of Plats at Pages 1704 & 1705, on the north right-of-way line of East
ENC~R[[R~RO . Fairview Avenue, the POINT~OF BEGINNING:
Thence N00°04'25"E, 741.97 feet along the west line of Venture Subdivision;
Thence Iv89°59'29"W., 663.68 fees to the west line of the !rest half of the southwest
lAND6GAP6 quarter Of the Sol2theaSt quarter '
ARCMIT[CitlRC ~
' Thence S00°09' 04"W, ~I41.97 feet along the west line of the west half of the
a southwest quarter of the southeast.quarter to a 5/8 inch rebar on the north right-of-
. way line of Ease Fairview Avenue;
LAND
$YRY[Y Thence S$9°59'29"E, 664.68 feet'along the north riglrt-of-way link of East Fairview
Avenue to the POINT OF BEGINNING.
The above-described parcel contains 11.31 acres, more or less.
Subject to any existing easements or rights-of-way of record or appatEnt.
Mxr~.wrgdBSign.COrn
n~mv,wrgdesign.com
PH 2081246.8300
fX 2081246.8320
Legend
- 8aundary
-------` - - sae8oa Line
- - - fststfng ^IgHt-of-YCOy 6GIe
- Sealton Comp
~ - Ouata-SaetPon Cams
O - Ptopary Caner
--------------------------------- t ---------
i 4(,Iy.`~~1-
I ~L L.
I
5 4
~~ 9 -~__-~--_ 589.46'17"E 2558.5t'
I
e
i
i
New Parcel 3b
J i.31 Acres t a
~ ~
~ofnl of 8i
xao'fs'2t a
'----.___Sil9YliJ9'E t+&1.81__~~-___
O Ewe Falnl~w Anvtuo
® New Parcel 3b Exhibi# Project ivo. so77070.00
~^® t o r, t N o. ~
Meridian Town Cen#er Date: 07j16/08
r~ ~4°seao ~ °~"` F~ zo°~`aa1das~o
Meriden CentetcaJ~ LLC By:
Scafe: P.ceeper
1' ~ 350'
,uv~tK•n~vrue. utmGNC,ua«aafa. tv City OI i~t^rldeR, ldehD Sheet i~o. i of i
EXHIBIT B
PARCEL 3A DESRIPTION
17
D E S I G N I N C.
Boundary Description
of Ne~v Parcel 3a
for Meridian Centercal, LLC
Job No. 6077070:00
{.AN°
PLAN VINO
COY{L
RNOINC[RINO
lAN°scA-c
~-RCNiracruna
lAN°
S°RY[T
WATER
11 T3 East 1Yinding Creel
Eagle, l0
69616
PN 2081Y98B300
FX 208J2dB.8320
A parcel of land situated in the east half of the sogthw~st quarter of Section 4, Township 3
North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described
as follows:
Commencing at a brass cap marki>tig the southwest cornea of Section 4, Township 3 North,
Range 1 East, Boise Meridian;
Thence S89°46'17"E, 2659.51 feet along the south }ine of the southwest quarter to a 5/8 inch
rebar marking the south quarter-section corner of Section 4;
Thence N00°09'04"E, 55.26 feet along the east line of the southwest quarter to a 5/8 inch
rebar on the north right-of-way line of East Fairview Avenue, the POIIVT OF BEGINNING:
Thence N89°59'29"W, 636.20 feet along the north right-of way line of Fast Fairview
Avenue;
Thence N00°00'37"E, 475.04 feet;
Thence 281.58 feet on a curve to the 1e14, having a radius of 500.00 feet, a central
angle of 32° 15' S 8", a chord bearing of N 16°07'22"W, and a chord length of 277.87
feet;
Thence S89°59'29'T', 715.23 feet to the east line of the southwest quarter;
Thence S00°09'04"W, 741.97 feet along the east line of the southwest quarber~to the
POINT OF BEGINNING.
The abovo-descnbed parcel contains 11.00 acres, more or less.
Subject to any existing easements or rights-of-way of record.or apparent.
wwvr.wr9destgn.wrn
www.srgdestg't.com
Legend
- Boundary Lies I
---_--___ -- -Section Une ~ .
-
_ - Eriating RigAl-of-grey Lfee ;
Q
[~
[[~~ -'Secton Corner I
'
+
~O'~ - Ovorto-SeeCwn Comer
Q - Pro9erty Comer
I~
,
a~„eroae
Curve dttlla Rodloe L fb CAord 9eon' Clard l fh +
Cl 15' L ' NiG 7'22'W 7 .d I
t
+
~5~4.
809 - ~--------
1
~ ~
~ +
~ ~
' ~.
I
~t
SSY39 29 E 13.13' ,
n I.
New Parcel 3a ~
11.00 Acres f
~ h
V ~ '
O +
a
v
~Y ~ ;
+9 I
Po1M st BeOtrr+ing
S '
Y ~ !100'09 CI 6 35.26' ~
99' 9'W 6J6,20•
------- 4
589'~6't7"E 2659.5!' g Eost ~akrles Aroere
® New Parce! 3a Exivbi# ~~ N~' so~io~oob
° " ' ' ° " " ° ~ Meridian Town Cen#er Date' o~/ts/os
P.Cooper
2EOezc a~ F Leo s Mertdten Centerc8l, LLC Sc81e1 1' a 350'
"~`•°~'°•'°•'~d° ~N ~ Meta Sheet No 1 of i
EXHIBIT C
DRAWING OF CONNECTOR ROAD EASEMENT
18
Situated in a portion of the South 1!2 of Section 4,
Township 3 North, Range 1 East, B.M.,
City of Meridian, Ada County, Idaho
2012
I
I
I
I S89'59'47°E I
I
J 29.00' -
_ _
_
E. Elden Gray Street I
'`
o~ I
~ rn I
- W i~
3
r
S11
Parcel No.
04347003 P .~~ parcel No rS1 04438750
0 c
z rn
~
c°n
I 14.5' I
14.5'
N89'59'47°W o
29.00' ~
POB Z
- ., - ~ - _ -NO'09'04°E. E. Fairview Avenue ! -
'
'
•
'
'
'
'
'~ ~
'
'
41)
S89
1 TE 2659.51
55.20 S89
46
39
E
2658.32
14.50'
SW CORNER AL ~Nd S 1/4 CORNER
SEC710N •4 O~
SG
~o
SEC110N 4
'~'
_ - _
G . ~ SE CORNER
o SEC1i0N 4
w 14216
s~ o
9T F OF ~ ~~
~P
GAEL 8-
I2 • Zd • ZO/Z
ENGINEER/SURVEYOR PROJECT INFORMATION Scale: 1" =200'.
~-\ /~~~ 1>E~ Ulm Cam, 1NG 12/20/2012
~~ -- - Carmax/Kleiner
112006 '
r
y
- ~ ~ ~ ~
~ Access Easment
~
~
~! ~„ ,~ ,~,,,
Ada County, Idaho Exhibit B
~
a
EXHIBIT C-1
METES AND BOUNDS OF CONNECTOR ROAD EASEMENT
19
~~ ~ c - . ~~
ri , .Page 1 of.l
~..~
~~
THE LAND GROIN, 1NC.
December 20; 2012
Project No: 112006
Access Easement Description
Parcel3A and Parcel 36
21,517 Sq. Ft.
Exhibit "A"
A 29 foot wide, access easement situated. in•a portion of the South One Half of Section 4, Township 3:
North, Range 1 East, BoiSe.Meridian, City of Meridian, Ada County, Idaho, described as follows:
Commencing at a found 1/2-inch steel pin which monuments the South One.Quarter Comer of said
.Section 4, being South 89°46'17" East a distance of 2,659.51 feet from-a found brass cap which
monuments the Southwest Comer of said Section 4, thence following the. southerly line. of said
Section 4, North 89°46'17" West a distance of 1450 feet; Thence leaving said southerly line,. North
0°09'04" East a distance of 55.20 feet to a point on the northerly right of way line of East Fairview
Avenue and being the POINT OF BEGINNING.
Thence leaving said northerly right. of way.line, North 00°09'04" East a distance of 741.97
feetto a point on the southerly right of way line of East Elden Gray Street;
Thence'following said right of way line, South 89°59'29" East a distance of 29:00 feet;
Thence leaving said southerly right of way line, South 0°09'04" West a distance of 741.97
. feet to a point on the northerly right of way line of East Fairview Avenue;
Thence following the said northerly right of way line, North 89°59'29" West a distance of
29.00 feet to the POINT OF BEGINNING.
The above-described easement contains 21,517 square feet more or less, subject to aN existing
easements and rights-of-way.
Attached hereto is Exhibit "B" and by this reference is made a part hereof.
Prepared By: THE LAND GROUP, INC.
462 E. SHORE DRIVE; SUITE 100
EAGLE, IDAHO 83616 ~~~ ~N~SG,
208-939-4041 ~' 'p~.
208-93.9-4445 (FAX} o
x ~ n ~ ~+ o
K~~ U~
Site Plomm~g • i,andscape Archrtecture • C'ivii Er:gineerrng eGolf Course lrrigr. tior ?~ .Engineering • Graph+c Commuartntion • Surveying
462 c. Snore Urive, Ste. 100, Eagle, Idaho 33616. P 203.93~,a041 F 203339.da45 ° www.theland¢rouoinc.eom
~:\2012\112006\~id,nin\!egals\t 121220 access easmenb29' 112006.docx
J2•Zd-~~
EXHIBIT C-2
DRAWING OF FAIRVIEW EASEMENT AREA
20
J ~ B ~ _ ~p a-te.~r
1 U-B COMPAfdIES ®I oaou~ ~ I u ~
J•U•B ENGINEERS, INC.
Fairview Easement Area '
Kleiner Trust Parcel 36
An easement situated in the west half of the southwest quarter of the southeast quarter of Section 4,
Township 3 North, Range 1 East, Boise Meridian, Meridian City, Ada County, Idaho, being more
particularly described as follows:
Commencing at a brass cap marking the southwest corner of Section 4, Township 3 North, Range 1 East,
Boise Meridian;
Thence S89°46'17"E, 2659.51 feet along the south line of the southwest quarter of Section 4 to a 5/8
inch rebar marking the south quarter-section corner of Section 4;
Thence N00°09'04"E, 55.26 feet along the east line of the southwest quarter to a 5/8 inch rebar marking
the southwest corner of Parcel 36 f Record of Survey 8394, records of Ada County, Idaho) on the north
right-of-way line of East Fairview Avenue, the POINT OF BEGINNING:
Thence continuing N00°09'04"E, 179.04 feet along the west line of Parcel 36; •
Thence S89°50'56"E, 14.50 feet;
Thence S02°08'21"E, 100.07 feet;
Thence S00°09'04"W, 31.92 feet;
Thence 589°50'56"E, 2.00 feet;
Thence S61°42'08"E, 31.80 feet;
Thence S89°59'29"E, 160.40 feet;
Thence S86°56'19"E, 225.27 feet;
Thence S00°00'31"VU, 20.00 feet to the north right-of-way line of East Fairview Avenue;
Thence N89°59'29"W, 433.96 feet along the north right-of-way line of East Fairview Avenue to
the POINT OF BEGINNING.
The above-described easement contains 15,297 square feet, more or less.
Page 1 of 1
a 250 S. 6eechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 f 208-323-9336 w www.}ub.com
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EXHIBIT D
LIST OF CONSTRUCTION PLANS FOR CONNECTOR ROAD
CarMax Offsite Roadway Construction Drawings dated December 17, 2012 by
The Land Group Incorporated (Project No: 112006)
Sheet C1.00 General Cover Sheet
Sheet C2.01 Standard Details -Sewer
Sheet C2.02 Standard Details -Water and Lighting
Sheet C2.03 Standard Details -Roadway
Sheet C2.04 Standard Details -Roadway
Sheet C2.05 Standard Details -Roadway
Sheet C2.06 Standard Details -Storm Drain
Sheet C3.01 Plan and Profiles -Elden Gray Dr.
Sheet C3.02 Plan and Profiles -Elden Gray Dr.
Sheet C3.03 Plan and Profiles -Elden Gray Dr.
Sheet C3.11 Plan and Profiles -Venture St.
Sheet C3.12 Plan and Profiles -Venture St.
Sheet C3.21 Plan and Profiles -Fairview Ave.
Sheet C3.22 Plan and Profiles -Fairview Ave.
Sheet C3.31 Plan and Profiles - CarMax Driveway
Sheet C4.01 Gravity Irrigation Venture St.
Sheet C4.02 Gravity Irrigation Venture St.
21
EXHIBIT E-1
WATER AND SANITARY SEWER EASEMENTS
These easements are coincident with the easement for the Connector Road -see
Exhibit C and Exhibit C-1
22
tiro
EXHIBIT E-2
ELECTRIC. TELEPHONE. AND GAS EASEMENTS
These easements are coincident with the easement for the Connector Road -see
Exhibit C and Exhibit C-1
23
-~
AFFIDAVIT QF LEGAL INTEREST
STATE OF IDAHO )
COUNTY OF ADA )
I, ~a toa .~ t a. F~1~ Tv c,ko.(9o~. G' ~f't w s/.
(name) (address)
--~i~kw,en ~ Y~r~,4;~; a
(city) (state)
being first duly sworn upon, oath, depose and say:
That I am the record owner of the property described on the attached, and I grant my
permission to:
CenterPoint Integrated Solutions c% Jake Hertz, 1240 Bergen Parkway, Evergreen, Colorado 80439
(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 harmless
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 20~
K. ~}ou~i>~s~ ~Iloyerla
V~ P~
(Signature)
SUBSCRIBED AND SWORN to before me the day arfd~year first above written.
~~~P+FtRiS FS ~,,
`
.
~. ~.
•
' :~tp %
`~~? •'~ PU UC
.• ~ (Notary Public for V4' ~'r>; ~-~i ~A )
* FtEG• #~iSSraN
~ ~ ~
MY COM
' Residing at: ~7 ~.f 1' l'~
n~ ~ pr,P4RES = z
~~
;~21• , 3~31120~6••~~ :
.
~
My Commission Expires: ~ 3r ~.~1I
off
oN ....
33 E Broadway Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile; (208) 888-6678 • Website; www.meridiancity.org
Machelle Hill
From: Sonya Watters
Sent: Wednesday, January 30, 2013 7:43 AM
To: Machelle Hill; Jacy Jones
Subject: FW: CarMax CZC
Attachments: Boise 6039 Letter of Authorization 1-29-13.pdf
Please add this to the CarMax CZC file. Thx!
From: Jake Hertz [mailto:jhertz@centerpoint-is.com]
Sent: Tuesday, January 29, 2013 9:42 AM
To: Sonya Watters
Subject: RE: CarMax CZC
Sonya,
The original of that attached authorization it on the way to you directly. Please let me know if you have any questions or
if there is anything else you need from us. I understand the DA Modification was signed and recorded late last week.
Thanks again for all your help.
Jake
Jake Hertz, AICP
CenterPoint Integrated Solutions, LLC
T 303.679.6974 ~ C 720.257.1583 ~ F 877.736.9960
www. centerpoint-is. com
`' `Please consider the environment before printing this a-mail.
From: Sonya Watters [mailto:swatters@meridiancity.org]
Sent: Friday, January 25, 2013 9:27 AM
To: Jake Hertz
Subject: CarMax CZC
Hi Jake,
I'm ready to issue the CZC, I just need an affidavit of legal interest (for the application) from Carmax since they are the
new property owners.
Thanks,
s~ w~~.d.
Associate City Planner, Planning Division
City of Meridian -Community Development Department
33 E. Broadway Avenue, Suite 102
Meridian, ID 83642
208-884-5533 ext. 0578
www.meridiancity.or~