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Westmark Credit Union CZC 14-063CERTIFICATE OF ZONING COMPLIANCE (✓ Y L E REPORT N-- REPORT I D A H O DATE: July 18, 2014 TO: Jonathan Galusha, Westmark Credit Union FROM: Sonya Watters, Associate City Planner SUBJECT: Westmark Credit Union - CZC-14-063; DES -14-058 OWNER: Westmark Credit Union DESCRIPTION OF APPLICANT'S REQUEST The applicant, Jonathan Galusha, requests Certificate of Zoning Compliance (CZC) and Design Review (DES) approval of a 2,249 s.f. financial institution with a drive-thru on 0.75 of an acre of land in the C -N zoning district for Westmark Credit Union. The site is located at 4640 N. Ten Mile Road. DECISION The applicant's request for Certificate of Zoning Compliance and Design Review 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 verify 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. Please contact Building Services for additional details about building permits and inspections. Site Conditions of Approval t. 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. Business hours of operation within the C -N district shall be limited from 6 am to 10 pm as set forth in UDC 11 -2B -3A4. 3. Prior to issuance of Certificate of Occupancy, the applicant shall remove or relocate any existing structures that do not conform to setbacks and/or use in the zone. 4. The approach and entrance to the ATM should be highly visible and adequately lit so that people cannot loiter, or enter, without being seen. Security cameras are highly recommended. Any shrubs within the street buffer along Ten Mile Road within the line of site to the ATM shouldn't be higher than 2 feet; and the canopy of any trees within the street buffer along Ten Mile Road within the line of site of the ATM should start at least 6 feet from the ground for security purposes. General Conditions of Approval 1. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as Conditions Document 1 Westmark Credit Union CZC-14-063; DES -14-058 part of the development plan set for approval. Applicant shall also include the location of any existing street lights in the development plan set. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 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 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 3. Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11- 3B -14A. 4. The site plan prepared by ZGA Architects and Planners on April 15, 2014, labeled Sheet A101, is approved as shown in Exhibit B. 5. The landscape plan prepared by ZGA Architects and Planners on October 3, 2013, labeled Sheet L-1, is approved as shown in Exhibit C. 6. The elevations prepared by ZGA Architects and Planners on April 15, 2014, labeled Sheets A201 & A202, are approved as shown in Exhibit D. 7. The approved site plan, landscape plan and/or elevations may not be altered without prior written approval of the City of Meridian Planning Division. 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 ACHD requirements, the applicant shall submit a new site plan to the City of Meridian Planning Division 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 11-313-6 and to install and maintain all landscaping as set forth in UDC 11-313-5, UDC 11-313-13 and UDC 11-313-14. 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 -01-003; RZ-07-022; PBA -13-016; CUP -13- 014). 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. 6. The applicant shall have an ongoing obligation to maintain all pathways. Conditions Document 2 Westmark Credit Union CZC-14-063; DES -14-058 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 use as set forth in UDC 11-4-3-11 and 11-4-3-17. 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 Division on or before July 15, 2014, within fifteen (15) days after the written decision is issued, and contain the information listed in UDC 11 -5A -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. EXPIRATION Certificates of Zoning Compliance issued in conjunction with a proposed use shall expire if the 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 the 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 July 18, 2015. EXHIBITS A. Vicinity Map B. Site Plan (dated: April 15, 2014) C. Landscape Plan (dated: June 20, 2014) D. Elevations (dated: April 15, 2014) Conditions Document 3 Westmark Credit Union CZC-14-063; DES -14-058 A. Vicinity Map 3417 3110 3006 30, 3110 312] 29)2 \vau 4497 U74 4463 4W8 4 15 a02 295] 5\� 5156 511U 4900 4842 2803 1610 45]2 � 4516 269] 268- 293Y a 2649 2759 4362 4187 �\ 2031 2813 \` 41" 4163 2777 V41 2751 V41 29]6 29694 20%T 2050 81 Conditions Document 4 Westmark Credit Union CZC-14-063; DES -14-058 3171 4350 3150 *3415 3135 29)2 \vau 4497 U74 4463 4W8 4 15 a02 295] 5\� 5156 511U 4900 4842 2803 1610 45]2 � 4516 269] 268- 293Y a 2649 2759 4362 4187 �\ 2031 2813 \` 41" 4163 2777 V41 2751 V41 29]6 29694 20%T 2050 81 Conditions Document 4 Westmark Credit Union CZC-14-063; DES -14-058 B. Site Plan (dated: April 15, 2014) Conditions Document 5 Westmark Credit Union CZC- 14-063; DES -14-058 ---------- - --------- --------- ZONING ZME6 X, / w KEYNOTES ZONE R4 E it ------------- U CUWETMLE EE E E� a T 11: r - - — - - - - - - - - - - — - - - - (1) QUgLC MKEMCK A101 -- I Conditions Document 5 Westmark Credit Union CZC- 14-063; DES -14-058 C. Landscape Plan (dated: June 20, 2014) _. _.. _ resr c;nlm�e caroc r i t r t_ a 93 �! PLAIT scHCGtiLC , ' 4 !If tHh°' F,I11 IIIINil III, Ir I`I'Il5 1 I � IOTPs -AIV N11. I I I illP ll AMIMMIYI �• .I 1 (It ��i PIY.. f M1I i !'-167719. I Y P f 3 1 L fY f I'I1 I(' IPfltlL �f �i4 fd11 -W F FINN _N112J,oil II Ili LI❑7 'Ii I, F "• I C) INA: twl�ol I cx.. ♦ I ", n fIa141tF \'�cl ...... .�., INLH nllJill ,r ® �Ltot Conditions Document 6 Westmark Credit Union CZC-14-063; DES -14-058 D. Elevations (dated: April 15, 2014) L 1 1911 �.P, PIP a x]RIIIELEV/.1KK1 f ]r Yr. r I SOJIMfLEVP]gN Conditions Document 7 Westmark Credit Union CZC-14-063; DES -14-058 SOUTH ELEVATION - DRIVE THROUGH FRONT ELEVATION, NORTH TEN MILE ROAD WESTMARK CREDIT UNION MERIDIAN. ID. NORTH ELEVATION - WEST QUINTALE DRIVE 0}15-2014 BACK ELEVATION WESTMARK CREDIT UNION MERIDIAN. ID OS -1&2014 Conditions Document 8 Westmark Credit Union CZC-14-063; DES -14-058 �E IDIAN-- Type of Review Requested (check all that apply) ❑ Accessory Use ❑ Alternative Compliance certificate of Zoning Compliance ❑ Certificate of Zoning Compliance Verification ❑ Conditional Use Permit Minor Modification ,H'Design Review ❑ Private Street ❑ Property Boundary Adjustment ❑ Time Extension (Director) ❑ Vacation ❑ Other Planning Division ADMINISTRATIVE REVIEW APPLICATION STAFF USE ONLY: File number(s): C t-(—' 14 - 0& ?� DES- t Lk - o5 Z Project name: Date filed: Date complete: Assigned Planner. Related files: RZ- O) 3; fa;70`1-oru� Applicant information Applicant name: 1 Phone: lzoe>Z Applicant address: 'YtT �ACa�e' !!J- Ege r✓, 11i Zip: btfo E-mail: a�L;46 5LD@ yyw�. Applicant's interest in property: ❑ Own ❑ Rent ❑ Optioned Other Owner name: w— tAbIDJ Phone: Fax: Owner address: Zip: E-mail: Agent name (e.g., architect, engineer, eveloper, representative): cc A-IA— Firm name: �la Phone: 1'5'M : Address: l ' 015 Zip: E-mail: I A.,te tSA • [ar wi )i7WO Primary contact is: El Applicant ❑ Owner Agent ❑Other Contact name: Phone: Fax: Contact address: Zip: E-mail: Subject Property Information Location/street address: 4 � 1 • � t irr Assessor's parcel number(s): k, 1 D S2 Township, range, section: 1 VJ Total acreage: i i •'�S Current land use: Current zoning district: 6i • 1•� 33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 (02/08/20/3) Project Description Project/subdivision name: t V General description of proposed project/request: Proposed zoning district(s): — Acres of each zone proposed: Type of use proposed (check all that apply): ❑ Residential ❑ Commercial Office ❑ Industrial ❑ Other Who will own & maintain the pressurized irrigation system in this development?DOc" Which irrigation district does this property lie within?�,�QF�— Primary irrigation source: !21 15s460,6A Secondary: Square footage of landscaped attas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) Number of residential units: Number of common lots: Number of building lots: Number of other lots: Proposed number of dwelling units (for multi -family developments only): I bedroom: 2 — 3 bedrooms: 4 or more bedrooms: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): Gross density (Du/acre-total land): Percentage of open space provided: Percentage of qualified open space acreage: Proposed building height: _ Average property size (s.f.): Net density (DU/acre-excluding roads & alleys): Acreage of open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Amenities provided with this development (if applicable): Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Single-family Attached ❑ Townhomes ❑ Duplexes ❑ Multi -family ❑ Other Non-residential Project Summary (if applicable) Number of building lots: Other lots: Gross floor area proposed: !� I IM Existing (if applicable): %7 Hours of operation (days and hours):�� - (Q: O�Q Building height: Percentage of site/project devoted to the following: I ' �^ o Landscaping: _ °A Building: Paving: to Total number of employees: t — Number and ages of students/children (if applicable): Total number of parking spaces provided:_ Number of compact spaces provided: C Authorization Print applicant name: Applicant signature: _ 33 E. BroadwaAvenue, Suite 102 • Meridian, Idaho 83642 J Phone: (208) 884-5533 • F csimile: (208) 888-6854 • Website: www.meridiancity.org 2 ZGAARCHITECTS & PLANNERS, CHARTERED OW. e. ran nl N I� lo.. 13 June 2014 Project Narrative The project will consist of a 2,249 s.f., single story, credit union facility on a 32,513 s.f. (0.75 acres) site located on at the southeast corner of Ten Mile Road and West Quintale in Meridian, Idaho. At - grade parking will provide 27 parking stalls. Site development will include landscaping, new curb, gutter, and sidewalk. The project site is zoned C -N (Commercial- Neighborhood). Previous City approval was through Conditional Use CUP -13-014 5 December 2013. Primary objective of this submittal is to acquire the Certificate of Zoning Compliance (in conjunction with the Design Review submittal). Submittal for Building Permit will occur in early July. �MFNUNFNi I T.T. a lAnUlliFcis 408 E. Parkcenler Blvd., Bulls 205 Boise, Idaho 83706 t: (208) 345.8872 1, f: (208) 343.7162 ',, www.zga.com ZGA ARCHITECTS & PLANNERS, CHARTERED �. 13 June 2014 Project Narrative The project will consist of a 2,249 s.f., single story, credit union facility on a 32,513 s.f. (0.75 acres) site located on at the southeast corner of Ten Mile Road and West Quintale in Meridian, Idaho. At - grade parking will provide 27 parking stalls. Site development will include landscaping, new curb, gutter, and sidewalk. The project site is zoned C -N (Commercial- Neighborhood). Previous City approval was through Conditional Use CUP -13-014 5 December 2013. Architectural Character Facades $ Pattern Variations All facades on this facility have been articulated in such a manner to present a cohesive whole yet create interest. The Client requested a contemporary image for their financial branches. This contemporary image consists of volumetric modulations as well as the materials used. The volumetric modulations create shadow lines that vary throughout the day. It is also enhanced by various shading devices and the drive-through canopy located on the south side. The image box volume protrudes from the main and side fagade, and the main entry and lobby glazing is withheld within the volume. At the often overlooked rear fagade, another box element protrudes from the rear wall with a patio surrounded by a 5'-4" wall and landscape. This rear fagade has been designed in this manner so that the future tenants of a facility to the east would not be looking upon a neglected area, but a fully articulated and landscaped area. The materials used for this facility are specified to be low care but yet create visual interest. Primarily earth -tone stucco with numerous control joints, this design also uses complimentarily dark painted steel canopies and shading devices. The image box and accompanying accents are Brazilian hardwoods providing horizontal patterns and a rich color accentuating the client's new corporate logo. Primary Entrance The primary entrance faces directly towards Ten Mile Road, is weather protected and accentuated by a portion of the shading device. Accessible parking and a bicycle rack are placed adjacent just off of the entry plaza. Roof Lines The roof lines have been varied to provide interest, and where they vary in height, a change in materials follow. Mechanical Equipment Mechanical equipment for the facility will be concentrated on the roof, and is thoroughly screened by the parapets which are used for safety requirements as well. There will be one air handling unit and up to three small condenser units also hidden behind the parapet walls. Materials The facility will be constructed using wood framing finished with the materials as noted above. The privacy fencing and trash enclosure will be made of CMU but faced with stucco to match the facility. Both fencing and trash enclosure utilize complimentarily painted steel gates. M�e� .M„,µ 1.". , . or eveirzru:o 408 E. Parkoenter Blvd., Suite 205 Boise, Idaho 83706 t (208) 345.8872 f: (208) 343.7162 �, wwwSp.com Parking Lots The parking lots will be paved using asphaltic pavement with standard painted stripes for the spaces. All storm water will be held on-site using dry wells below the parking area. Low care landscaping will be used throughout the planting areas complimenting the existing HOA landscaping located along the street corridors. Pedestrian Walkways and Facilities The entry plaza will be constructed of concrete pavement and framed with landscaping as described above. Walkways from the entry plaza across the parking areas to street walkways will be accentuated with colored pavers. 408 E. Parkenter Blvd., Suite 205 ! Boise, Idaho 83706 t: (208) 345,8872 ',. f: (208) 343.7162 w zgaxom Ow ELECTr:O-<IUP.LLY RECORDED - DO NOT ADA COUNTY RECORDER Christopher D. Rich AMOUNT 25.00 6 REMOVE THE COUNTY STAMPED FIRST BOISE IDAHO 01/07/2014 01:55 PM PAGE AS IT IS NOW INCORPORATED AS DEPUTY Bonnie Oberbillig PART OF THE ORIGINAL DOCUMENT. Simpnrde Electronic Recording I IIIIII VIII VIII IIIIII IIIIII III IIIIII VIII IIIIII III VIII IIII IIII RECORDEDREQUESTOF When Recorded Return to: ALLIANCE TITLE - BOISE PRODUCT 114001515 Wesunark Credit Union 54 E. Eagle River St. Eagle, ID 83616 P& S ,ABBO a OAVS ' SP CTHIS LINE FOR RECORDER'S VSB ONLY SPECIAL WARRANTY DEED FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, Primeland Investment Group, LLC, an Idaho limited liability company ("Grantor"), does hereby grant, bargain, sell and convey unto Westmark Credit Union, an Idaho corporation, ("Grantee"), whose address is 54 E. Eagle River Street, Eagle, ID $3616, all of Grantor's right, title and interest in and to the real property located in the Ada County, Idaho, legally described as follows: See Attached Exhibit A Together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging to or in anywise appertaining, the rents, issues and profits thereof; and all estate, right, title and interest, as well in law as in equity, except as expressly provided otherwise herein (the "Property"). TO HAVE AND TO HOLD the Property, with its all and singular appurtenances unto Grantee, and Grantee's heirs, successors and assigns forever. Grantor makes no covenants or warranties with respect to title, express or implied, other than that previous to the date of this deed, Grantor has not conveyed the same estate to any person other than Grantee and that such estate is at the time of the execution of this deed free from encumbrances made or suffered by the Grantor, or any person claiming under Grantor, subject, however, to (i) reservations or restrictions in federal patents or state or railroad deeds or in laws providing for such patents or deeds; (ii) building or use restrictions, building and zoning regulations and ordinances of any governmental entity; (iii) the lien of real property taxes not yet due and payable; (iv) all easements, rights of way, claims of easements, covenants, restrictions and encumbrances or other matters of record or that would appear from a survey or careful examination of the Property; and (v) those exceptions set forth on Schedule I attached hereto and incorporated herein by this reference. THE PROPERTY IS SOLD AND CONVEYED TO GRANTEE AS IS, WHERE IS, AND WITH ALL FAULTS AND DEFECTS, INCLUDING BOTH LATENT AND PATENT DEFECTS. OTHER THAN AS EXPRESSLY SET FORTH HEREIN, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY GRANTOR CONCERNING THE PROPERTY. GRANTEE, BY ACCEPTING THIS DEED, RELEASES GRANTOR FROM ANY AND ALL LIABILITY RELATING TO ANY ASPECT OR CONDITION OF THE PROPERTY, KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEABLE, ACTUAL OR CONTINGENT, ARISING BY STATUTE, COMMON LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ALL ISSUES SET FORTH IN THIS DEED. DATED this _1_ day of January, 2014. SPECIAL WARRANTY DEED - I 43343.0035.6060865.1 PRIMELAND INVESTMENT GROUP, LLC By: Idaho Trust Bank as Trustee of the Edward L. Bews and Shirley G. Bews Living Trust Its: Manager y: rian Kondeff Its: Vice President STATE OF IDAHO ) ss. County of Ada ) On this J�Iday of January, 2014, before me, the undersigned a Notary Public in and for said State, personally appeared Brian Kondeff, known or identified to me to be the Vice President of Idaho Trust Bank as Trustee of the Edward L. Bews and Shirley G. Bews Living Trust as Manager of PRIMELAND INVESTMENT GROUP, LLC, the limited liability company that executed the within instrument or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day and year in this certificate fust above written. a TONYA A. REEVES NOTARY PUBLIC jRdi STATE OF IDAHO SPECIAL WARRANTY DEED — 2 for Idalho Reskiing expires 43393.0035.6060865.1 SCHEDULEI APPROVED EXCEPTIONS 1. Rights or claims of parties in possession not shown by the public records. 2. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 3. Easements, or claims of easements, not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights or easements appurtenant to water rights, claims or title to water, whether or not the totters excepted under (a), (b), or (c) are shown by the public records. 6. Taxes or special assessments which are not shown as existing liens by the public records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which nay result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 7. Taxes, including any assessments collected therewith, Parcel #R 1079920450, for the year 2013 in the amount of S4,430.26 which are payable but not delinquent. Affects this and additional property. 8. Special assessments, if any, for the City of Meridian. 9. Levies and assessments of the Settlers Irrigation District, and the rights, powers and easements of said district as by law provided. 10. Special assessments, if any, for the City of Bridgetower Owners Association. No delinquencies appear of record. 1. Easements, reservations, notes and/or dedications as shown on the official plat of Bridgetower Crossing Subdivision No. 7 12. Right-of-way for White Drain, Lemp Canal and Coleman Lateral and the rights of access thereto for maintenance of said drain, canal and lateral. 13. Agreement and the terms and conditions contained therein Between: Nampa & Meridian Irrigation District And: Dale Rupp and Dorothy Rupp, husband and wife Purpose: License Agreement Recorded: August 21, 1992 Instrument No.: 9256125 14. An easement for the purpose shown below and rights incidental thereto as set forth in document: Granted To: Idaho Power Company Purpose: Public Utilities Recorded: November 18, 1998 Instrument No.: 98110788 Modification and/or amendments by instrument Recorded: February 26, 1999 Instrument No.: 99019086 SPECIAL WARRANTY DEED — 3 43393.0033.6060865.1 15. Agreement and the terms and conditions contained therein Between: Settlers Irrigation District And: Idaho Power Company Purpose: Crossing Agreement Recorded: April 27, 1999 Instrument No.: 99041675 16. An easement for the purpose shown below and rights incidental thereto as set forth in a document: Granted To: City of Meridian Purpose: Waterline Recorded: February 22, 2001 Instrument No.: 101015267 17. Agreement and the terms and conditions contained therein Between: City of Meridian And: E.L. Bews; Young Lands, Ltd; Primeland Development Co., LLP Purpose: Development Agreement Recorded: November 8, 2001 Instrument No.: 101117652 Modification and/or amendment by instrument: Recorded: May 22, 2008 Instrument No.: 108059795 18. Agreement and the terms and conditions contained therein Between: Settlers Irrigation District And: Primeland Development Co., LLP and Bridgetower Owner's Association Purpose: License Agreement Recorded: December 18, 2003 Instrument No.: 103207892 19. Agreement and the terms and conditions contained therein Between: Settlers Irrigation District And: Primeland Development Co., LLP Purpose: License Agreement Recorded: February 24, 2005 Instrument No.: 105022048 20. An easement for the purpose shown below and rights incidental thereto as set forth in a document: Granted To: Ada County Highway District Purpose: Sidewalks Recorded: March 10, 2005 Instrument No.: 105028982 SPECIAL WARRANTY DEED — 4 43393.0035.6060965.1 21. Covenants, conditions and restrictions, but omitting any covenant or restriction based on race, color, religion, sex, sexual orientation, disability, handicap, familial status, marital status, ancestry, national origin or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law. Recorded: November 27, 2001 Instrument No.: 101124464 Modification(s) of said covenants, conditions and restrictions Recorded: January l8, 2016 Instrument No: 106008340 Further modifications of said covenants, conditions and restrictions Recorded: December 22, 2009 Instrument No.: 109141712 22. Partial Release of Easement Granted to: Idaho Power Company Recorded: May 23, 2008 Instrument No.: 108060042 23. Agreement and the terms and conditions contained therein Between: Primeland Investment Group, LLC, an Idaho Limited Liability Company And: Bridgetower Owners Association, LLC, an Idaho Limited Liability Company Purpose: Declaration of Restrictions Recorded: September 8, 2010 Instrument No.: 110083538 24. Rights, interests, or claims which may exist or arise by reason of the following fact(s) shown on a survey plat entitled Record of Survey- Property Boundary Adjustment Dated: October 30, 2013 Prepared by: T-0 Engineers Recorded: October 30, 2013 Instrument No.: 113120372 Facts): Disclose new parcel line and propposed 20 foot wide easement through the middle of Lot 66 and disclose 20 foot wide easement across Lot 67 25. An easement for the purpose shown below and rights incidental thereto as set forth in a document: Granted To: Prlinland Investment Group, LLC Purpose: a 20 foot wide access easement Recorded: November 18, 2013 Instrument No.: 113126007 Affects: upon, over, across and through Lot 67 SPECIAL WARRANTY DEED — 5 43393.0035.6060865.1 EXHIBIT 96N" 208567 Parcel 1: A parcel of land located in a portion of Lot 66, Block 10 of Bridgetower Crossing Subdivision No.7, as filed in Book 92 of Plats, at Pages 10918-10919, Records of Ada County, Idaho, situated in the NW 1/4 of the NW 1/4 of Section 35, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at the Southwest corner of said Lot 66; thence, along the West boundary of said Lot 66, 1) N.00°50'59"E.,150.08 feet (of record, N.00°53'19"E.,150.00 feet); thence, 2) N.46°00'20"E., 35.41 feet (of record, N.45°53' 19"E., 35.36 feet) to the South right-of-way of W. Quintale Drive; thence, along said right-of-way, 3) 5.89007'02"E,, 157.77 feet (of record, N.89°06'41 "E., 157,77 feet) to the beginning of a tangent curve; thence, 4) Easterly along said curve to the right, having a radius of 275.00 feet, an arc length of 4.72 feet, through a central angle of 0158'58", and a long chord which bears 5.88°37'33"E., 4.72 feet; thence, non -tangent from said curve, 5) 5.00°52'46"W., 174.96 feet to the South boundary of said Lot 66; thence, along said boundary, 6) N.89°08'07"W., 187.50 feet (of record, N.89°06'41"W) to the POINT OF BEGINNING. Parcel 2: An access easement for ingress and egress created in that Declaration of Easement, recorded November 18, 2013, as Instrument No. 113126007. Described as follows: A parcel of land located in Parcel 'B" as shown on Record of Survey 9574, Instrument No. 113120372, Records of Ada County, Idaho, situated in the NWl/4 of the NWl/4 of Section 35, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the Northeast corner of said Lot 67; thence, along the North boundary thereof, A) S.89008'07"E., 57.00 feet to the POINT OF BEGINNING; thence continuing, 1) 5.89008'07"E., 20.00 feet; thence, along a line parallel with and 77.00 feet East of the West boundary of said Lot 67, 2) 5.00052'56"W., 192.50 feet to the South boundary of said Lot 67; thence, along said boundary, 3) N.89°07'02"W., 20.00 feet; thence, along a line parallel with and 57.00 feet East of the West boundary of said Lot 67, 4) N.00°52'56" E., 192.49 feet to the POINT OF BEGINNING. AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA 6L&�J , z,-14 ire fi / (name) (address) (city) (state) being first duly sworn upon, oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to: Litz � DAt+� �a t�itl (na e) (tld ss) 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. 7^ day of t lar_.✓e— 20L� ��1111111111/� SUBSCIeifi�ll �ry hv. before me � J • �y s � co � Puo r r TE My Commission Expirest 0� 207C) 33 F. Broadway Avc lUe, Suite 102 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimilo: (208) 88M$54 • Web6he: www.meridianclty.o a eRk .1)ZOW013) l 'd 0601,0N 01 'aI2e3_uoiu(I 1ipa)0 )IaemlS4 W0:6 til06 'b 'un(• /� 60111�a to Date: December 9, 2013 To: Jonathan Galusha (via e-mail) 54 E. Eagle River Street Eagle, ID 83616 Sara M. Baker, President John S. Franden, Vice President Rebecca W. Arnold, Commissioner Mitchell A. Jaurena, Commissioner Jim D. Hansen, Commissioner Subject: MCUP-13-014 3115 W. Quintale Drive The applicant is requesting approval of a drive-thru for Westmark Credit Union Bank. In response to your request for comment, the Ada County Highway District (ACHD) staff has reviewed the submitted application and site plan for the item referenced above. It has been determined that ACHD has one site-specific condition of approval (see below) for this application at this time. Minor Improvements Policy: District Policy 7203.3 states that minor improvements to existing streets adjacent to a proposed development may be required. These improvements are to correct deficiencies or replace deteriorated facilities. Included are sidewalk construction or replacement; curb and gutter construction or replacement; replacement of unused driveways with curb, gutter and sidewalk; installation or reconstruction of pedestrian ramps; pavement repairs; signs; traffic control devices; and other similar items. • Staff Comments/Recommendations: The applicant should be required to correct deficiencies and replace deteriorated facilities on Ten Mile Road and Quintale Drive abutting the site. Included are: construction or replacement of sidewalk, curb, gutter, driveways, installation or reconstruction of pedestrian ramps, signs and other similar items. The applicant's proposal to construct one 26 foot wide driveway from the site on to Quintale Drive approximately 230 feet east of Ten Mile Road meets District Policy and should be approved as proposed. The applicant should be required to pave the driveway its full width and a minimum of 30 feet into the site beyond the edge of pavement. A traffic impact fee will be assessed by ACHD and will be due prior to issuance of a building permit. Please contact ACHD Planning and Development Services at 387-6170 for information regarding impact fees. Plans must be submitted to the ACHD Development Review Department prior to final approval. Prior to the construction or installation of any roadway improvements (curb, gutter, sidewalk, pavement widening, driveways, culverts, etc.) a permit or license agreement must be obtained from ACHD. Prior to the construction or installation of any roadway improvements (curb, gutter, sidewalk, pavement widening, driveways, culverts, etc.) a permit to work in the right-of-way must be Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org obtained through ACHD Construction Services. For questions regarding the permitting process, please contact Construction Services at 387-6280. The applicant shall also be required to meet the applicable ACHD Standard Conditions of Approval as well as ACHD Policies and requirements that may apply as noted below. Please review the Applicant's Responsibilities and Development Process Checklist below. If you have any questions, please feel free to contact me at (208) 387-6218. Sincerely, Lauren Watsek Planner I Development Services CC: Project file, City of Meridian (via e-mail), Lance Fish (via e-mail) Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org Traffic Information This development is estimated to generate 296 additional vehicle trips per day; and 49 additional vehicle trips per hour in the PM peak hour, based on the Institute of Transportation Engineers Trip Generation Manual, 91h edition. Condition of Area Roadways: Traffic Count is based on Vehicles per hour (VPH) Roadway Frontage Functional PM Peak Hour PM Peak Hour Classification Traffic Count Level of Service Ten Mile Road175 feet Minor Arterial 423 Better than "D" Quintale Drive 360 feet Arterial N/A N/A * Acceptable level of service for a five -lane minor arterial is "D" (1,540 VPH). Average Daily Traffic Count (VDT): Average daily traffic counts are based on ACHD's most current traffic counts The average daily traffic count for Ten Mile Road north of Ustick Road was 7,769 on August 23, 2011. Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org Standard Conditions of Approval 1. All irrigation facilities shall be relocated outside of the ACHD right-of-way 2. Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 3. In accordance with District policy, 7203.6, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should Provide documentation of ADA compliance to District Development Review staff for review. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 6. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. B. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 10. Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 11. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 12. If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 - FX 345-7650 Request for Appeal of Staff Decision Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or enforcement of the ACHD Policy Manual. a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to cover administrative costs. b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary of Highway Systems, which must be filed within ten (10) working days from the date of the decision that is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the ROWDS Manager's reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1) week prior to the hearing. e. Action by Commission: Following the hearing, the Commission shall either affirm or reverse, in whole or part, or otherwise modify, amend or supplement the decision being appealed, as such action is adequately supported by the law and evidence presented at the hearing. 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M.eU., (ic(rspaNJ r — -_ — — — — -- 6zszs/J 8 g L— I - #R I� I a�ad I— — ai`° � r oa3nome 3NN13DHVd"N 1�r 8 n n n a6„ mi oe I W FIs „w In w= _-4_ sw Lmos'zl Po'psi 3,esosux _ _ Cssrp//arzs/ 3,es_zspx_ di [. -off ry 7 (ze%EszW N� N Ippras)p _L_pt1011 IIIIY N9.L'N / d r�Y (Sp'/19L36/.!£A)NI .BBVF9Z M.sG$SApS som"m do SIM m B C) v Mn ii Gi�6uW p �� og�gQ� qq ¢km S o o r O ai ipM 51� o =o o -z z �� rl Nmauvx�mNxnavpupnxxvvoz MC941'NVIQM31N ►��/ 3ARIO 3MlNI(1O 1S3M 5UE as 7j,/(�J'li6 NOINn iioO NO NaVW1S3M N p u k W o d I I I�i I I c I I I � III it lil I I r I CY6 I a e ^; I r �ve F I veme -R.. ..� _. I w., z 3 e 3 - � ca 0-/W E IDIAN*,,-- lCfAHC) Community Development Address Verification Date: 6/5/14 Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 208.887.2211 The address information below has been researched and verified as correct by the City of Meridian Community Development Department. Project Name: Westmark Credit Union Address: 4640 N. Ten Mile Rd. Zip Code: 83646 Lot/Block/Sub: Por 66/10/Bridgetower Crossing #7 Parcel Number: R1079920452 Note: Temporary corner lot address of 3115 W. Quintale Dr. has changed. Structure will face N. Ten Mile Rd. 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. 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N" LL1 so LI'L III 'LLIL I �I I�� 17 I ( I I I 1 I e III I I yy $ LU ~ 0ere I 8 alb ~ 4 ms's_ m {s gl Zz� CD O _ L1J Z O Q LJJ J LL S H Z) O U) z O z D 0 w ryU v Q 75 w z Q 0 m LLJ 2 W 0 LU J Z U) W Z 0 W J W 2 w O Z v 0 N L6 O z 0 z D 0 w Ir U v U) w ►: 12 LU 0 w LU x w z O z 0 w� � z U0 0 LU Ne W OC 2 Q 75 U) w C Specifications EPA: 0.8 ft, • 07 m•i Length: 26" (66 0 cm Width: 13" (33 0 cmc Height: 7- (t7 8 cm) Weight 16 lbs (max): (7 25 kg) D -Series Size 0 LED Area Luminaire Catalog Number Nates Introduction The modern styling of the D -Series is striking yet unobtrusive - making a bold, progressive statement even as it blends seamlessly with its environment, The D -Series distills the benefits of the latest in LED technology into a high performance, high efficacy, long -life luminaire. The outstanding photometric performance results in sites with excellent uniformity, greater pole spacing and lower power density. It is ideal for replacing up to 40OW metal halide with typical energy savings of 65% and expected service life of over 100,000 hours. • • ' EXAMPLE: DSXO LED 40C 1000 40K T3M MVOLT SPA DDBXD DSXO LED DSXO LED Forward S30 530 mA 30K 3000K T15 Type I short MVDLT t Shipped included Shipped installed Shipped installed DDBXD Dark SCU opts 2 10OMA (BO 125 We li short 1201 SPA Square pole PER NEMA twist lock HS House side bronze Nouse-side shiNd lor 40 tED unit" 20C 20 LEDs 1000 1004mA mRn, T2M Typelimedlum 2081 mounting receptatleonly (no sheld" DBLXD Black (ane engine) {)A) 4000K T35 Type II short YP 240 s RPA Round le po controls) SF Single fuse DNAXD Natural (70 Type Ill 277' mounting DMG 0-10Vtmils) driver (120,277, aluminum 40 LEDs (two CRI medium WBA Wall bracket (notonRahj 341V)" DWHXD White engines) 9 min.) UM Type IV 341, 480' SPUMBA Square le q p0 DCR Dimmableand controllable via RDAM• DF Double fuse DDBTXD Textured Rotated SOK 5000K medium universal (no controls) (208,240, dark optkst (67 CRI) TFTM Forward throw mounting4BOV)" adaptor PIR Motion sensor,8-15' L90 Left routed bronze 30t 30 LEDs medium mount+ngheight' optics" DBIBXD Textured (one 'zee} TSVS TypeVvery RPUMBA Round pole universal PIRH Motion sensor, IS -30` R90 RightrOtated black erg Shan mounting height o ors" DNATXD Textured TSS Type Type Shan ng adapHy" OL30 Bi -level switched dimming, 3056 Irl DDL Diffused drop aluminum TSM TypeV medium 8150 ens DWHGXD Textured TSW Type YP dilammming ingevel dS0%L white To of Pole DSXO shares a unklue drilling pattern with the AERIS' tamlly Specify this Template #8 daft Pattern when spedNyirp ptdes, per the table below. 09 0563' C OM19AS Single uit OM29AS 2 at 9D*' 1325` DM28AS 2 et 190* OM39AS 3 at 9D*' z olio (zP° car OM40AS 4 at 90a' OM32AS 3 at 120* " 1 Example. SSA 2040 OM111AS DDBXD V,,t Lthonu Lght D} .,.. .. „.z!. to aee our w.da se,iecton at parva, accessarrea and educational soars •Rwndpole top roust be 3 25' O D mn,mum **For round pole mounhrrg (RP!q only Tenon Mounting Slipfitter" 2 ve 020190 ASi20 W NIA NIA NIA Milk 2 79 AS125190 A05480 NIA AST25 38 MIA MIA 4 ASf3S-190 AS1352110 AST35290 AST35320 AS135-390 AST3549C NOTES 1 Only eve table with rotated optics (L90 or R90 option] 2 MVOLT driver operates on any 1zee voltage from 12a277V (5D/60 Hai. Specify -120, 208, 240 or 277 options only when ordering with fusing (5F, OF optional. 3 Not ava'iab'e w•th single -board, 530 mA product (2DC 530, 30C 530, or 40C 530 DS) Not avaitab a with DCR, BL10, or B1.50. 4 Available as a separate combinatonaccessory, PUMBA(fn sh)U 5 Photocel ordered and shipped as a separate line item from Acuity Brands Controls. See accessones 6 Specifies a ROAM® enabled luminaire with 0-10V d mm'ng capability; PER option required. Not available with 347 or 48OV. Additional hardware and Cal ites 2,ed for ROAM® deployment, must be purchased separately. Cori` 1=8pD-442-6745 or email. 6 asOroamse n icesnet N/A BL30, BL50, PIR, or PIRH 7 PIR specifies the ,e, & Wk IDP control PIRH specfes the ,UP control, sai _r for details. Dimir ng driver standard. Not available with IXR 6 Requires an additional switched orcut 9 Dimming driver standard. MVOLT only Not avadabie with DCR. 10 Also available as a separate accessory; see Accessories information HS and DOL. are not available together. 11 Single fuse (SF) requires 120, 277 or 347 we Cage option. Doubly fuse (DF) requires 208, 240 or 480 voltage option.. 12 Available with 30 LEDs (30C option) only 13 Requires Nerrunaue to be specified with PER option Ordered and shipped as a separate finenom from Acuity Brands Controls. Fcr more enntmi options.. v:sit;:.:. •nd': ''on(:zee fAL/j'/SfQjfki/�tQ One Lithon,a Way • Conyers, Georgia 30012 • Phone: 800.279.8041 • Fax 770 918 1209 ACIAGH�e/N'L" 0 2011.2014 Acuity Brands Lighting, Inc Ail nghts reserved DLL127F 1S DU Ph0tocell-Sfltw6s1-IVk(120.277VIs OLL341FISCULIU Phmotek-SSLhost-lotkfW" N DLL4a0FI Scotia Pholoi SSL W-lotk(480Y)1° •o SCU Shorting cap., osxm 20(U House -side shield for 20 LED unit 1e yNj DSXOHS 30(U House sideshl"for30LEPAt" U DSXOHS40(U Nouse-side shiNd lor 40 tED unit" U DSXODOLU Ihffuaddimp lens(pdytarbonatel PUAai1D08xDU• Square androundpole univiimaurt- wg bradeel adaptor (Warty faush) V,,t Lthonu Lght D} .,.. .. „.z!. to aee our w.da se,iecton at parva, accessarrea and educational soars •Rwndpole top roust be 3 25' O D mn,mum **For round pole mounhrrg (RP!q only Tenon Mounting Slipfitter" 2 ve 020190 ASi20 W NIA NIA NIA Milk 2 79 AS125190 A05480 NIA AST25 38 MIA MIA 4 ASf3S-190 AS1352110 AST35290 AST35320 AS135-390 AST3549C NOTES 1 Only eve table with rotated optics (L90 or R90 option] 2 MVOLT driver operates on any 1zee voltage from 12a277V (5D/60 Hai. Specify -120, 208, 240 or 277 options only when ordering with fusing (5F, OF optional. 3 Not ava'iab'e w•th single -board, 530 mA product (2DC 530, 30C 530, or 40C 530 DS) Not avaitab a with DCR, BL10, or B1.50. 4 Available as a separate combinatonaccessory, PUMBA(fn sh)U 5 Photocel ordered and shipped as a separate line item from Acuity Brands Controls. See accessones 6 Specifies a ROAM® enabled luminaire with 0-10V d mm'ng capability; PER option required. Not available with 347 or 48OV. Additional hardware and Cal ites 2,ed for ROAM® deployment, must be purchased separately. Cori` 1=8pD-442-6745 or email. 6 asOroamse n icesnet N/A BL30, BL50, PIR, or PIRH 7 PIR specifies the ,e, & Wk IDP control PIRH specfes the ,UP control, sai _r for details. Dimir ng driver standard. Not available with IXR 6 Requires an additional switched orcut 9 Dimming driver standard. MVOLT only Not avadabie with DCR. 10 Also available as a separate accessory; see Accessories information HS and DOL. are not available together. 11 Single fuse (SF) requires 120, 277 or 347 we Cage option. Doubly fuse (DF) requires 208, 240 or 480 voltage option.. 12 Available with 30 LEDs (30C option) only 13 Requires Nerrunaue to be specified with PER option Ordered and shipped as a separate finenom from Acuity Brands Controls. Fcr more enntmi options.. v:sit;:.:. •nd': ''on(:zee fAL/j'/SfQjfki/�tQ One Lithon,a Way • Conyers, Georgia 30012 • Phone: 800.279.8041 • Fax 770 918 1209 ACIAGH�e/N'L" 0 2011.2014 Acuity Brands Lighting, Inc Ail nghts reserved Performance Data • Lumen Output Lumen values are from photometric tests performed in accordance with IESNA LM -79-08. Data is considered to be representative of the configurations shown, w:th n the tolerances allowed by:ighthzg Facts. Actual performance may differ as a result of end-user environment and application. Actual wattage may differ by +1- 8% when operating between 120-48DV 410%. Contact factory for performance data on any configurations nct shown here ALIMMVIA One Lthonia Way a Conyers, Georgia 30012 • Phone. 800.279.8041 Fax: 770918 1209 a DSXO-LED LI. nHTI/VG O 2011 2014 Acuity Brands Gghtmg, Inc All rights reserved Rev 04117{14 I-AMW t 530194 20(530--K TiS .; .'. 2,904 1 7t 0 i 83 3655 '.. 1... : 0 1 104. 3341 t t 1 rM 0 I 1 113 T2M 2501 1 0 1 83 36SI 1 0 1 194 3,937 1 0 1 112 T25 2,%9 1 0 1 653,723.... t`: 0 1 106 4,014. 1 0 1 71s T3M .2552. 1 0 1 94... 3,715 1 0 1 .106 4,00 1 0 1 114. TSS 2523 1 0 1 84 3,679 1 0 1 105 3,966 1. 0 1 113 35W T4M 7,937 1 1 0 1 1 94 3,6% 1 0 1 106 3,994 1 0 1 114 T5M 31037 2 0 1 87 1 3873 2 1 0 1 1 109 1 4,121 3 0 1 118 TSS 3A74 2 0 0 88 3,869 2 1 0 0 111 4,171 2 0 0. 119 TSVS 3,028 2 0 0 87 9,811 2 0 0 109 4,109 2 0 0 117 TSW 3,044 2 0 1 87 9,831 3 0 1 109 4,130 3 0 t 718 TFTM 2,903 1 0 1 83 3,653 1 0 1 104 3,939 1 0 I 113 20C (20 LEDs) 7001 200700--K 45W TiS 3,599 1 0 1 80 4324 1 0 1 101 4,902 1 0 1 109 IN 35% 1 0 1 8o 4,520 1 0 1 100 4,898 1 0 1 109 US 3,667 1 0 1 81 4,608 1 0 1 102 4,994 t 0 1 111 T3M 3,658 1 D 1 91 1 4,593 1 0 1 102 4,983 1 0 2 111 T3S 3,623 1 0 1 81 4,554 1 0 1 101 4,935 1 0 1 110 T4M 3,639 1 0 1 81 4,574 1 0 2 102 4,957 1 0 2 110 T5M 3,764 2 0 1 84 4.731 3 0 1 105 5,117 3 0 1 114 TSS 3,010 2 0 0 as 4,788 2 0 0 106 5,189 2 0 0 113 TSVS 3,753 1 0 0 83 4,717 2 0 0 105 5,112 2 0 0 114 TSW 3,772 3 0 1 94 4.741 3 0 1 105 51138 3 0 1 114 TFTM 3598 1 0 3 80 4522 1 D 2 100 4,900 1 0 2 109 MOW 2D11D00-K 72W TiS '4,654 1 0 1 65 6,206 2 0 2 86 6,640 2 a 2 91 T2M -4,650 1 D t 65 6,100 2 D 2 86 4634 2 0 _ 1.. 92... T25 4,741 1 D 1 66.. 61322 2 0 2 a 6,764 2 0 2 94 T3M 4,730 1 0 2 66 6,307 2 0 2 88 1,749 1 0 1..... 94 T35 4,685 1 0 1 65 6,246 1 0 2 81 6,684 2 0 2 93 T4M 4,706 1 D` 1 65 6,275 1 0 2 V 6,714 2 0 2 1 93 TSM 4,868 3 D 1 68 6,490 3 0 1 90 61945 3 0 i % TSS 4,926 2 0 0 68 6,568 2 D 0 91 7,028 2 0 0 98 6,924 3 0 0 T5VS 4,893 2 0 0 67 6,471 2 0 0M103 96 TSW 4,878 3 0 1 68 .6,501 S 0 26,959 3 0 2 97 Mill AIAR 1 0 2 65 3 1 0 26,637 1 0 2 92 530 nut 40( 530 -K 68W T15 5,579 1 0 1 82 7,019 2 0 1 7565 2 0 2111 T2M S,S74 2 O 2 82 7.012 2 0 2 7558 2 0 2 111 T25 5,683 1 0 1 94 7.lSO 2 0 2 7,706 2 0 2 113 T3M 5,670 1 0 2 M 7,133 2 0 2 7,688 2 1 0 2 113 T35 5,615 1 0 2 83 7,065 2 0 2 104 7,614 2 0 2 112 UM 5,641 1 0 2 83 7,097 2 0 I 104 7,649 2 0 2 112 TSM 5,835 3 0 1 86 7,340 3 0 1 708 7,912 3 0 2 116 TSS 5,905 2 0 0 87 7,429 3 0 0 109 81 3 0 1 118 TSVS 5,817 2 0 0 86 7,310 3 0 0 108 7,888 1 0 2 116 TSW 5,847 3 0 1 86 7,355 3 O 2 108 7,928 3 0 2 117 TFTM 5,576 1 0 2 82 7,015 1 0 2 103 7,561 2 0 2 111 40C (0 LEDs) 700 mA 4DC 700 --K 91W T1S 7,074 2 02 1 78 4930L 2 0 2 98 91619 2 0 1 2 .106 T2M 7,068 2 0 2 78 1,922 2 0 2 98 : 9,610 2 0 1 106 1`25 7,207 2 0 2 79 9,097 2 0 2 100 9170 2 0 2 108 13M 7,190 2 0 2 79 _ 9,076 2 0 2 100 9,776 2 0 2 107 T35 7,121 2 0 2 78 8,988 2` 0 2 99 9,682 2 0 2 106 UM 7,153 2 0 2 79 9429 2 0 2 99 9,726 2 0 2 107 T5M 7,399 3 0 2 81 9,339' 3 0 2 103 10,060 3 0 2 111 T5S 7,488 3 0 0 82 9,452 3 0 1 104 10,181 3 0 1 112 TSVS 7,377 3 0 0 81 9311 3 0 1 102 1OA30 3 0 t 110 TSW 7,414 3 0 2 81 9,359 4 1 0 2 103 10,080 4 0 2 171 TFTM 7,071 1 0 2 78 9,926 2 0 3 98 9,614 2 1 0 3 106 1DDQmA 40C1000 -K 130W T1S 9,557 2 0 2 69 12,020 2 0 2 87 12,957 3 0 3 94 IN 9,548 2 0 2 69 12,009 3 0 3 87 12,946 3 0 3 1 94 T2S 9,735 2 0 2 71 12,245 3 0 3 89 13,199 3 0 3 % T3M 9,713 2 1 0 1 70 12,217 2 0 3 89 13,169 3 0 3 95 T3S 9,619 2 1 0 2 70 12,099 2 0 2 88 13,042 2 0 2 95 T4M 9,663 2 1 0 2 70 12,154 2 0 3 a 13,102 2 0 3 95 TSM 9,995 3 0 2 72 12,571 4 0 2 91 13,552 4 0 2 98 T55 10,115 3 0 1 73 12,723 3 0 1 92 1 13,715 3 0 1 99 T5VS 9,965 3 0 1 72 12534 3 0 1 91 13,511 3 0 1 98 TSW 10,015 4 0 2 73 12,597 4 0 2 91 13,579 4 0 2 98 TFTM 9,552 2 0 3 69 12,015 2 0 3 87 12.951 1 0 2 94 ALIMMVIA One Lthonia Way a Conyers, Georgia 30012 • Phone. 800.279.8041 Fax: 770918 1209 a DSXO-LED LI. nHTI/VG O 2011 2014 Acuity Brands Gghtmg, Inc All rights reserved Rev 04117{14 I-AMW Lumen Ambient Temperature (LAT) Multipliers Electrical Load Use these factors to determine relative lumen output for average ambiant temperatures "' `r` - ',47"Vy from 0-40'C (32.104'F), � ". u , 0'C 32'i 1.02 10'C 501 101 2011 694 1.00 ISY 77'F 1.00 301C 86°F 1 V 40'C 1041 0.99 Projected LED Lumen Maintenance Data references the extrapolated performance projections for the platforms noted in a 25°C ambial based on 10,000 hours of LED testing ;tested per IESNA LM 80-08 and projected per IESNA TM -21-1 I; To cecu'ate, LLF use the lumen maintenance factor that corresponds to the desired number of operating hours below For over rumen ma rteriarce values, contact factory. ° it.F§ttvtttw": 0 25,000 50,000 t0o,000 DEXO LED "C 1000 1 0.41 094 090 DSXO LED 401 1000 1 094 090 094 DSXO LED 40C 700 1 O 99 0..98 0.96 I, ---- Photometric -DiagramsTo see complete photometric reports or download .ies files for this product, v'sit Lithonia Lighting's D -Series Area homepage. Isofootcandle plots for the MO LED 40C 100040K Distances are in units of mount ng height I201 LEAD a 2 t t s 1 a 2 a a 3 2 t o 1 2 3 a a] 2 t a 1 2 2 e y a 2 a t a t 1 s a a a a a 0.1 fc . ] F 3 1.0 fcno Zi-< { 2'3! { N,E 1 2w { dui n t; s #41 ?5 t5"4 FEATURES & SPECIFICATIONS INTENDED USE i 100,ODD hours with <t% failure rate Easily serviceable 16kV or 6kV surge protection dev;ce The sleek design of the D -Sens Sae 0 refects the embedded high performance LED technology h } meets a minimum Category C Low operation (per ANSVIEEE C62 41 2) is ideal for many commercial and municipal applications, such as parking lots, plazas, campuses, and INSTALLATION streetscapes Included mounting block and integral arm facilitate quick and easy installation Stainless CONSTRUCTION ' S ogle -piece die-cast aluminum housing has integral heat s nk fins to optimize thermal management 120 208 240 277 347 490 LISTINGS 30034 CSA certified to U S and Canadian standards Light engines are IP66 rated, luminaire is IF65 0.34 0.22 0.21 020 -- -- 20C 700 45 0.47 0.28 0.24 0.22 0.18 014 " 1000 72 7 ELECTRICAL Light engines) configurations consist of high -efficacy LEDs mounted to metal -core circu t boards to maximize heat dissipation and promote long Je (up to L9&100,000 hours at 25'Cl Class 1 530 52 1 051 0.31 0.28 0.25- - 30C f 700 70 l 0,72 0.43 0.37 034 0.25 0.19 1000 104 1 1110.49 0.47 014 530 68 031 0,41 0.36 033 015 0.19 401 ! 700 91 0.94 1 0,55 048 0.42 033 024 1000 138 1.45 0.84 0.73 064 049 030 I, ---- Photometric -DiagramsTo see complete photometric reports or download .ies files for this product, v'sit Lithonia Lighting's D -Series Area homepage. Isofootcandle plots for the MO LED 40C 100040K Distances are in units of mount ng height I201 LEAD a 2 t t s 1 a 2 a a 3 2 t o 1 2 3 a a] 2 t a 1 2 2 e y a 2 a t a t 1 s a a a a a 0.1 fc . ] F 3 1.0 fcno Zi-< { 2'3! { N,E 1 2w { dui n t; s #41 ?5 t5"4 FEATURES & SPECIFICATIONS INTENDED USE i 100,ODD hours with <t% failure rate Easily serviceable 16kV or 6kV surge protection dev;ce The sleek design of the D -Sens Sae 0 refects the embedded high performance LED technology h } meets a minimum Category C Low operation (per ANSVIEEE C62 41 2) is ideal for many commercial and municipal applications, such as parking lots, plazas, campuses, and INSTALLATION streetscapes Included mounting block and integral arm facilitate quick and easy installation Stainless CONSTRUCTION steel bolts fasten the mounting block securely to poles and walls, enabling the D -Serer Size 0 S ogle -piece die-cast aluminum housing has integral heat s nk fins to optimize thermal management to withstand up to a 3.0 G vibration load rating per ANSI C136.31 The D -Series Sae 0 uu sizes through conducive and convective cooling Modular design allows for ease of maintenance and the AERIS" series pole drilling pattern Optional terminal block, tool -fess entry, and NEMA future light engine upgrades The LED driver is mounted in direct contact with the casting to photoconiro) receptacle are also available promote low operating temperature and long life Housing is completely sealed against moisture LISTINGS environmental contaminants (IP65) Low EPA (0.8 ftp for optim-zed pale vend loading CSA certified to U S and Canadian standards Light engines are IP66 rated, luminaire is IF65 FINISH rated Rated for -40'C minimum ambient U S Patent No D672,492 S International patent Extenar parts are protected by azinc-infused Super Durable TGIC thermoset powder coat finish pending that provides superior resistance to corrosion and weathering A tightly controlled multi -stage Des,gni,ghts Consortium09 (DLC) qualified product Not all versions of this product may pro ass ensures a minimum 3 mils thickness for a f•n,sh that can w:thstand extreme cl--mate changes without cracking or peel: ng. Available in both textured and non -textured finishes be DLC qualified Please check the DLC Qualified Products List at �.�. -i i•;,; to coolrm which versions are qualified OPTICS Prtomon-molded proprietary acrylic lenses are engineered for superior area lighting dstribut,on, WARRANTY Five-year limited warranty Full warranty terms located at umform,ty, and pole sparing Light engines are available in standard 4000K (7O minimum CRI) or optional 3000K (80 m nimum CRI) or SOOOK (67 CRI) configurations. The D -Serres Sae 0 has zero " uptight and qualifies as a Nighttime FriendlyTM product, meaning it is consistent with the LEED' l '.. Note: Specifications subject to change without notice and Green Globes' criteria for eliminating wasteful uplght. ELECTRICAL Light engines) configurations consist of high -efficacy LEDs mounted to metal -core circu t boards to maximize heat dissipation and promote long Je (up to L9&100,000 hours at 25'Cl Class 1 electronic drivers are designed to have a power factor >90%, THD <20%, and an expected life of 11r*VV1V/A One Lithonia Way a Conyers, Georgia 30012 a Phone: 800 279,8041 • Fax 7709181209 • DSX0- ED ti%.NTINO 02011-2014 Acuity Brands Lighting, Inc All rights reserved w Rev 04117/14 gotham• Q! 76;v.e, 4rq 6"_A, Luminaire Type: Catalog Number Iautaoaoulawl: Gotham Architectural Downlighting LED Downlights All i 6" Incito� Open Downlight +I , " Solid -State Lighting w (US and International Patents Pending) OPTICAL SYSTEM • Ten preset distribution patterns allow designers to achieve various objectives. • Self -flanged semi -specular, matte -diffuse or specular lower reflector utilized in combination with a highly transmissive lens. • Patented Bounding RayTm Optical Principle design (U.S. Patent No. 5,800,050) provides source image for a smooth transition from top of the reflector to bottom. MECHANICAL SYSTEM • Light engine and driver are accessible from above or below ceiling. • 16 -gauge black painted steel mounting frame with C channel mounting bars included. Post -installation adjustment possible from above or below ceiling, • Galvanized steel junction box with hinged access covers and spring latch. Three combination 112"-3/4" and one 1/2" knockout for straight -through conduit runs. Capacity: 8 (4in, 4out) No, 12 AWG conductors rated for 90°C • Accommodates up to IYn"•thick ceilings. EXAMPLE: ICO 30/50 GAR 20 120 ELECTRICAL SYSTEM • Solid-state LED light engine available in 2700 K, 3000 K. 3500 K or 4000 K color temperatures. CRI: 85 typical. • 0.10V driver standard with 4% dimming level. • DALI driver available with <1% dimming level. • DMX with ROM (remote device management) available with <1% dimming level. • Rated system life of 50,000 hours at 70% output. • Emergency battery pack with remote test switch available. LISTINGS • Fixtures are CSA certified to meet US and Canadian standards; wet location, covered ceiling. ENERGY STAR" certified. WARRANTY • 5 -year limited warranty. Complete warranty terms located at: wvS.acuitvbrands.camrCustome.Resourceogrms and condit;nns,aox Series Color temperature Nominal lumen values Aperture/Trim color Finish Beam Options Voltage ICO 21/ 2700 K 20 2000 lumens NMClear DALIR DALI dimming driver. Minimum dimming level <1% (blank) Semi -specular 20 20° beam angle 120 TRBL' 30t 3000 K 25 2500 lumens 6PR Pewter L0 Matte diffuse 25 25° beam angle 277 test switch 351 3500 K i 30 3000lumens 6WTR Wheat 30 30* beam angle 347' 4000 K 35 3500 lumens 6GR Gold RELOC"-ready luminaire connectors enable a simple and 35 35• beam angle consistent factory installed option across all ABL luminaire 40 4000 lumens SWR' White 40 40° beam angle I 45 4500 lumens 6BR' Black 45 45° beam angle 50 55 500 lumens 5 m 55 ` 60 55° beam 60` beam angle angle 60 6000 lumens I 65 65° beam angle 65' 6500 lumens 70 70° beam angle ACCESSORIES order as separate catalog numbers (shipped separately) SCA Sloped ceiling adapter. Degree of slope must be specified (10D, 15D, 20D, 25D, 30D). Ex: SCA610D. Refer to TECH -190. NSP5 0 ER KIT Sensor Switch nLight secondary relay and dimming pack device used to switch and dim luminaires powered via an emergency circuit. Refer to NSP5 D ER KIT ICO -6 -OPEN 1 GOTHAM ARCHITECTURAL DOWNLIGHTING 1 1400 Lester Road Conyers GA 30012 1 P 800.31SA982 1 gothamlighDag.com PAGE I OF 0 2012-2014 Acnily Brands Ughtog. W. All Rights Reserved. Rev -4/24/14. Spea5cat+oas suhiect to change without notice 0 gotham` Driver Options (blank) 0-I0V dimming driver. Minimum dimming level 4% SF Single fuse BHSG Blacked -out housing DALIR DALI dimming driver. Minimum dimming level <1% TRW' White painted flange NEPPr Interface for Sensor Switch" nLight" network provided with DMXR DMX with RDM (remote device management). Minimum TRBL' Black painted flange integral power supply. Refer to TN -623-01. Not for use with I dimming level 4%. includes termination plug ELR' Emergency battery pack with remote emergency options. test switch NS07 Sensor Switch" fiLight" one 5A relay with one 0-10 VDC CP Chicago plenum dimming output; requires bus power, such as nPP16 power HAD High ambient capability up to 40°C. pack. Refer to nSP5-D. Not for use with emergency options. Fixture height is 10-3/8". RRL_ RELOC"-ready luminaire connectors enable a simple and BGTD Bodine generator transfer device consistent factory installed option across all ABL luminaire brands. Refer to Ra for complete nomenclature. ACCESSORIES order as separate catalog numbers (shipped separately) SCA Sloped ceiling adapter. Degree of slope must be specified (10D, 15D, 20D, 25D, 30D). Ex: SCA610D. Refer to TECH -190. NSP5 0 ER KIT Sensor Switch nLight secondary relay and dimming pack device used to switch and dim luminaires powered via an emergency circuit. Refer to NSP5 D ER KIT ICO -6 -OPEN 1 GOTHAM ARCHITECTURAL DOWNLIGHTING 1 1400 Lester Road Conyers GA 30012 1 P 800.31SA982 1 gothamlighDag.com PAGE I OF 0 2012-2014 Acnily Brands Ughtog. W. All Rights Reserved. Rev -4/24/14. Spea5cat+oas suhiect to change without notice 0 gotham` 3 6" INCITO Open Reflector Q got h a m` Solid -State Lighting All dimensions are inches (centimeters) Unless Otherwise noted. NON ailwuuua� Aperture: 6-1/4 (15.8] Ceiling Opening: 6-15/16 [17.6] Overlap Trim: 7-1/2 [19.1] * HIGH AMBIENT FD(TURE HEIGHT - 10-5/8" LUMENS 6500 I 20 101W 25 101W 30 IOIW WATTAGE CONSUMPTION MATRIX BEAM ANGLES 35 1 40 45 101W 101W 55 { 60 65 70 6000 95W 95W 95W 95W 95W i 101W 101W 101W 101W 101W 5500. 83W 83W 83W 83W 83W 95W 95W 95W 95W 95W 5000 75W 75W 75W 75W 75W 83W 83W 83W 83W 83W 4500 65W 65W 65W 65W 65W 75W 75W 75W 75W 75W 4000 57W 57W 57W 57W 57W 64W 64W 64W 64W 64W 3500 50W 50W 50W 5OW 50W 57W 57W 57W 57W 57W 3000 42W 42W 42W 42W 42W 50W 50W 50W 50W 50W 2500 35W 35W 35W 35W 35W 42W 42W 42W 42W 42W 2000 28W 28W 28W 28W 28W 35W 35W 35W 35W 35W EL/ELR AVAILABILITY / COMPATIBILITY — Initial lumens LEO initial Lumens''' Product Lumens Watts ^ ELUR ELRNL ICO 6"" 2000-6504 28-101 I 580 N/A ORDERING NOTES 1. Only available in 20° through 40° beam angles. 5. Not available with black reflector. 2. Not available with finishes. 6. For dimensional changes, refer to TECH -140. Not available with CP option. 3. Add 2" to overall height. 7. For Emergency applications order non-nLight enabled fixture and NSP5 D ER KIT 4. Not available with white reflector. _. as an accessory. Refer to NSP5 D ER KIT. 0 gotham' GOTHAM ARCHITECTURAL DOWNLIGHTING 1 1400 Lester Road Conyers GA 30012 1 P800.315.4982 1 gothamlighting.com 1CO-6.OPEN 0 2012-2014 Acuity Brands Lighting Inc. All Rights Reserved Rev.04124114. SWifiications subject to change without notice. PAGE 2 OF 4 gothame ° Open Reflector Solid -State Lighting Distribution Curve Distribution Data Output Data Coefficient of Utilization Illuminance: Single Luminaire 30" Above Floor ICO 35/60 6AR 20 120 INPUT WATTS: 95.0, DELIVERED LUMENS: 6367.8, LM/W=67.0, 0.3 SfMH, TEST NO. LTL22079 IN 35/60 BAR 40 120 I INPUT WATTS: 96.0, DELIVERED LUMENS: 6071.4, LMAN=63.2, 0.7 SfMH, TEST NO. LTL22193 pf pf 20% 20% 20% PC 80% 70% 50% PC 80% 70% 80% 50% 70% Zone 50% %Lamp ow 50%30%10% Ave Lumens Zone Lumens %Loma E&50%30%10% Lumens 50%30%10% pw 50%30%10% 54.1 0 50%30%10% 50%30%10% 111 111 111 0 32110 50% beam - 0'-30" 58998 928 0 119 119 N9 116 116 116 111 111 111 0 119 50%beam - 10%beam- 5 26741 2177 0'-40" 62696 985 1 113 111 109 iii 109 107 107 105 104 938 1 194' 433' 15 8860 2511 0' - 60° 63607 999 2 107 104 102 106 103 100 102 100 98 6062.1 Intal FC 2 1D4 101 25 2522 1212 0° - 90' 63678 1000 3 102 99 96 101 98 95 99 96 93 Mounting Center 6071 4 1000 3 35 537 370 90' - 180' 0 0 0 0 4 98 94 91 97 93 90 95 92 89 Height Beam Diameter FC Diameter FC 45 82 72 0° - 180' 63678 1100 0 5 94 90 87 93 69 97 92 88 86 80 10515 19 530 6 44 1052 55 21 19 •EfBdeney 5 6 91 87 83 90 86 83 89 85 83 10.0 5708 26 2853 60 57..1 65 4 4 81 'Et6dency 57 51 47 7 88 83 80 87 83 80 86 82 80 120 3558 3.2 177.8 7.5 35.6 75 0 2 65 5 7 8 85 81 78 84 80 77 83 80 77 140 2428 39 1214 91 24.3 85 1 1 12.2 116 15 2 9 82 78 75 82 78 75 81 77 75 160 1762 4 6 881 107 17.6 90 0 793 7.9 396 147 10 80 75 73 79 75 73 79 75 73 9 71 6$ 62 IN 35/60 BAR 40 120 I INPUT WATTS: 96.0, DELIVERED LUMENS: 6071.4, LMAN=63.2, 0.7 SfMH, TEST NO. LTL22193 ICO 35/60 6AR 70 120 INPUT WATTS: 101.0, DELIVERED LUMENS: 5948.3 LM/W=58.9, 1.2 S/MH, TEST NO. LTL22088 pf 20% 20% PC 80% 70% 50% PC 80% Ave 70% Zone 50% %Lamp ow 50%30%10% 50X30%10% 50%30%10% Ave Lumens Zone Lumens %Lama pw 50%30%10% 54.1 0 50%30%10% 50%30%10% 111 111 111 50% beam - 10% boam - 5 3864 372 010482 4773.3 0'- 30' 4832.2 79.6 0 119 119 119 116 116 116 111 111 111 1153 0' - 60' 60% beam - 10% beam - 5 10161 936 0'-40' 56976 938 1 111 109 107 109 107 105 105 104 102 100 0 3 38 0' 65.3' 15 7679 2102 0'-60' 6062.1 99.8 2 1D4 101 97 103 99 96 99 97 94 Height Inital FC Diameter FG Demeter FG 45 1173 915 0' • 180' 25 3921 1795 0" .90- 6071 4 1000 3 98 93 90 97 92 89 94 91 88 Mounting Center 6 73 66 61 72 65 61 35 1331 865 90' -180, 0.0 0.0 4 92 87 83 91 86 83 99 85 82 Height Beam Diameter FC Diameter FC 45 371 303 0'. 180* 60714 *1000 5 87 82 78 86 81 77 84 80 77 8.0 3465 3e 1733 7.1 34.7 55 54 81 'Et6dency 57 51 47 6 82 77 73 82 77 73 80 76 72 100 1863 5.2 932 9.6 186 65 5 7 7 78 73 69 78 72 69 76 72 68 120 1161 65 501 12.2 116 15 2 2 8 74 69 65 74 69 65 73 68 65 140 793 7.9 396 147 79 85 1 1 9 71 6$ 62 70 65 62 69 65 61 ISO 575 9.3 286 173 5.8 90 0 10 67 62 59 67 52 58 66 62 58 ICO 35/60 6AR 70 120 INPUT WATTS: 101.0, DELIVERED LUMENS: 5948.3 LM/W=58.9, 1.2 S/MH, TEST NO. LTL22088 PHOTOMETRY NOTES • Tested in accordance with IESNA LM -79-08. • Tested to current IES and NEMA standards under stabilized laboratory conditions. • Actual performance may differ as a result of end-user environment and application. • Actual wattage may differ by +/- 10% when operating between 120-277V +/- 10%. • CRI: 83 typical. • Consult factory or IES file for microgroove baffle, black cone or other photometric reports, ICO -6 -OPEN I GOTHAM ARCHITECTURAL DOWNUGHTING 1 1400 Lester Road Conyers GA 30012 1 P 800.315.4982 1 gothamhgll6ng.com PAGE 3 OF 4 0 2012.2014 kinly Brands Lighting Inc. All Rights Reserved, Rev, Nt VIC Specifications subject to change eithout notice 0 gotham' pf 20% PC 80% 70% 50% Ave Lumens Zone Lumens %Lamp ow 50%30%10% 50X30%10% 50%30%10% 0 3817 0` - 30' 3220.1 54.1 0 119 119 119 116 116 116 111 111 111 50% beam - 10% boam - 5 3864 372 0'-40' 4773.3 60.2 1 110 107 104 108 105 103 103 101 100 620, 91,1' 15 4088 1153 0' - 60' 5927.6 99 7 2 101 it6 92 99 95 91 96 92 89 Inital FC 25 3738 1695 0" - 90' 59463 100 0 3 93 87 82 91 86 82 88 54 80 Mounting Center 35 2493 1553 90' - 180' 0.0 0.0 4 a5 79 74 84 78 74 82 77 73 Height Seam Diameter FG Demeter FG 45 1173 915 0' • 180' 59483 *too 0 5 79 72 57 78 71 67 76 70 66 so 1262 6 6 631 11.2 12.6 55 235 239 'Effldency 6 73 66 61 72 65 61 70 65 60 100 679 90 33 9 153 6.8 65 12 15 7 67 61 56 67 60 56 65 59 55 12 0 423 11 A 21.1 194 4.2 75 4 46 58 51 82 56 51 81 55 51 14 0 28 9 13. B 144 234 29 85 1 1 9 58 52 47 58 51 47 57 51 47 160 20 9 16 2 10 5 27.5 2 1 90 1 10 54 48 44 54 48 44 53 47 43 PHOTOMETRY NOTES • Tested in accordance with IESNA LM -79-08. • Tested to current IES and NEMA standards under stabilized laboratory conditions. • Actual performance may differ as a result of end-user environment and application. • Actual wattage may differ by +/- 10% when operating between 120-277V +/- 10%. • CRI: 83 typical. • Consult factory or IES file for microgroove baffle, black cone or other photometric reports, ICO -6 -OPEN I GOTHAM ARCHITECTURAL DOWNUGHTING 1 1400 Lester Road Conyers GA 30012 1 P 800.315.4982 1 gothamhgll6ng.com PAGE 3 OF 4 0 2012.2014 kinly Brands Lighting Inc. All Rights Reserved, Rev, Nt VIC Specifications subject to change eithout notice 0 gotham' penn Reflector Ogot h a m" Open Solid-State Lighting Choose Wall Controls. nLIGHT offers multiple styles of wall controls - each with varying features and user experience. Push -Button WaltPod Traditional tactile buttons and LED user feedback 1 Graphic WaltPod Full color touch screen provides a sophisticated look and feel (g) got ham' Touch WaltPod Contemporary capacitive touch style buttons with audible clicker for user feedback ncai � EXAMPLE Single Level Control with One Daylight Harvesting Zone Devices Installed: nPP16 Power Pack nPOD DX On/Off/Dim Touch WallPod' nCM PDT 9 Ceiling Mount Dual Tech Occupancy Sensor nCM ADC Daylight Sensor with Automatic Dimming Control Description: This design makes use of available daylight in the space by incorporating a standalone photocell device to automatically dim the lights in row B. Both rows of lights are turned on and off together by a single relay (in the power pack) and occupancy sensor. An On/Off/Dim Touch WailPod enables users to raise and lower row B as required. GOTHAM ARCHITECTURAL DOWNLIGHTING 1 1400 Lester Road Conyers GA 30012 1 P 800.315.4982 1 go hamiighting.comI !CO-6.OPEN 0 2012-2014 Acirly Brands Lighting Inc. All Rights Reserved. Rev. �4FXlk Spe0icatmns subject to change wnhsut nWue PAGE 4 OF 4 WESTMARK CREDIT UNION 4640 N. TEN MILE ROAD s MERIDIAN, ID. ace E e,are�re. ena, score ios a aem aaros (A -) ;, s s s !E1 « * ) i) f k ) ) �§ \ m e 9 --� --� \� § \� --� / §{[ WESTMARKCREDIugON «- kgyTENy±RO A | \..> MERIDIAN,E ' " ©— m 0 D Z 0 0 m 0 D Z z O m r m D O Z m cn p _C Z D r m 0 m ::E m U) -.i D DO m o D Z om . o C: z O z _"•••_'� �r-a?oie �o muinm�s®x+nae v.�mx�.rr�z 01 'NVIORI3W a OVON 31IW N31 N 0696 g e -! qeqY y R NOIN1111O32jo mMVWIS3M s 9d9d�� OVO?J A11H Nd1 H12JON O �o O qeqY y R 9d9d�� low n 9Q$$gE ggFgS ggggg"�€i3 i z €S g$ Rlpj gH gip {p €�uY F5F5F5 � �� EE �i€ 5 N � p�p�y22zy gRygg °jq p� � O Z .g,g�g OVO?J A11H Nd1 H12JON O O qeqY y R 9d9d�� k i z in nz � � a O � O OVO?J A11H Nd1 H12JON O NVIala3N _ OVOH 31I1/4 N31'N 0494 4 Q NOINfl 11036'0 NHVW153M a � a � _ II IRII gg I alp C7 Fi 4 g Z w ss 5m c s Z 5 O= i W Z e NO s E $x A� W=��q$>f' ._ Y Y a9��9x � IIII LL� Z O N I i =q '_' a9 s I I I I I pp I I i 1 Ge� I I i I I 1 I I I I I I i i € tl I g I I z W O e W I Y a , 1 fl9 ni I m an p„ I — ss= _s>=«awl 3s 5 1 1 i § I II I es ----- ---_ g --------------------------------------------------------- 0-03NOZ Y3 w ----- OVOkI3�lW N31 HLtlON------------------ —-- — Recording Requested By and When Recorded Return to: Paula Landholm Kluksdal HAWLEY TROXELL ENNIS & HAWLEY LLP P. O. Box 1617 Boise, ID 83701 SPACE ABOVE THIS UNE FOR RECORDER'S USE ONLY CROSS -ACCESS AGREEMENT THIS CROSS -ACCESS AGREEMENT ("Agreement") is made effective as of iJvuea — 1-'S , 2013, by and between Primeland Investment Group, LLC, an Idaho limited liability company ("Primeland") and Westmark Credit Union, an Idaho corporation ("Westmark"). RECITALS A. Primeland is the Owner of that certain real property, referred to hereinafter as the "Primeland Parcel," and more particularly described In Schedule I attached hereto and made a part hereof. Westmark is the Owner of that certain real property, referred to hereinafter as the "Westmark Parcel," and more particularly described in Schedule 11 attached hereto and made a part hereof. B. The parties, for the mutual benefit of their respective Parcels, desire to grant each other certain easements, as set forth below. C. As used herein, the term "Owner" shall mean the record holder of fee simple title to a Parcel, its heirs, personal representatives, successors and assigns, and the term "Parcel" shall mean the Primeland Parcel or the Westmark Parcel, as applicable. D. The foregoing recitals are incorporated in this Agreement as an Integral part hereof. NOW, THEREFORE, for valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereby agree as follows: AGREEMENT 1. Easement for Ingress and Egress: Primeland, as Owner of the Primeland Parcel, and Westmark, as Owner of the Westmark Parcel, each as a grantor, hereby grant to each other and each other's tenants, contractors, employees, agents, customers, licensees and invitees, and the subtenants, contractors, employees, agents, customers, licensees and Invitees of such tenants, for the benefit of their respective Parcels, a perpetual nonexclusive easement for ingress and egress by vehicular and pedestrian traffic (but not parking) upon, over and across that portion of each Parcel located within the area shown as "Cross -Access Drive CROSS -ACCESS AGREEMENT - 1 43393.0035.6183271.2 Aisle" and cross -hatched on the depiction attached hereto as Schedule III, as more particularly described in Schedule IV attached hereto and made a part hereof. 2. Maintenance: Each Owner shall be responsible for the repair and maintenance of the portion of the Cross -Access Drive Aisle located on its respective Parcel, without right of contribution from the other Owner. Each Owner shall maintain, repair and resurface, when necessary, the portion of the Cross -Access Drive Aisle located on Its respective Parcel in a level, smooth and evenly covered condition with the type of surfacing material originally installed or such substitute as shall in all respects be equal or superior in quality, use and durability. Each Owner shall maintain the Cross -Access Drive Aisle on Its respective Parcel at level grade at its point of intersection on the common boundary between the Parcels, and the Owners shall reasonably cooperate in such regard. Each Owner shall remove all snow and ice from the Cross -Access Drive Aisle on its respective Parcel. 3. Taxes: Each Owner shall pay directly to the tax collector when due the real property taxes and other special taxes and assessments assessed against the Owner's Parcel; subject, however, to the right of any such Owner to contest the amount or validity of all or any part of said taxes and assessments. In the event an Owner falls to pay when due all taxes and assessments described in this Section 3, which failure continues for a period of ten (10) days after receipt of written notice thereof, such failure shall constitute a default and the other Owner ("Curing Owner") may thereafter pay such taxes If such taxes are delinquent and the owing Owner has not commenced and is not duly prosecuting any contest of such taxes. The Curing Owner shall then bill the defaulting Owner for the expenses incurred. The defaulting Owner shall have fifteen (15) days within which to pay the bill. If the defaulting Owner does not so pay, the Curing Owner shall have a lien on the Parcel of the defaulting Owner for the amount of the bill, which amount shall bear interest at eighteen percent (180/6) per annum from the date of expiration of said fifteen (15) day period until paid; provided, however, that if there be a bona fide dispute as to the existence of such default or of the amount due and all undisputed amounts are paid, there shall be no right to place a lien on such Owner's Parcel until ten (10) days after such dispute is settled by final court decree or mutual agreement and payment thereof to the Curing Party has not been made. 4. Indemnification and Insurance: (a) Each Owner agrees to indemnify, defend, protect and hold harmless the other Owner, and Its occupants, for, from and against, and hereby releases the other Owner, and it occupants, with respect to, any and all liability, claims, damages, expenses (including reasonable attorneys' fees and reasonable attorneys' fees on any appeal), judgments, proceedings and causes of action for Injury to or death or any person or damage to or destruction of any property (reasonable wear and tear excepted) occurring in or arising out of the use or occupancy of Its Parcel and/or the use of the Cross -Access Drive Aisle by the indemnifying Owner and/or such Owner's tenants, contractors, employees, agents, customers, licensees and invitees, and the subtenants, contractors, employees, agents, customers, licensees and invitees of such tenants, except to the extent caused by the negligent or willful act or omission of the indemnified person, its tenants, subtenants, agents, contractors or employees. (b) Each Owner shall provide and maintain commercial general ]]ability insurance, which shall include contractual liability coverage, with broad form coverage insuring the Owner against any and all liabilities, claims, damages, expenses (including, without limitation, reasonable attorneys' fees and reasonable attomeys' fees on any appeal), judgments, CROSS -ACCESS AGREEMENT -2 43393.0035,0183271.2 proceedings and causes of action of any kind whatsoever. for personal injury, bodily Injury or death, and property damage arising out of the negligent act or omission of the Owner and such Owner's tenants, contractors, employees, agents, customers, licensees and invitees, and the subtenants, contractors, employees, agents, customers, licensees and invitees of such tenants. Such insurance shall be written with an insurer licensed or authorized to do business in Idaho and the other Owner and all persons who own or hold portions of the Cross Access Drive Aisle as their respective Interests may appear (provided that the Insuring Owner is notified In writing of such interest) shall be named on the policy as additional insureds. The limits of liability of all such Insurance shall be a combined single limit (covering personal injury, bodily injury and property damage) as shall be determined by the insuring Owner but in no event less than One Million Dollars, The Insuring Owner shall fumish the other Owner, and all other additional insureds with certificates evidencing such Insurance and the Workers' Compensation insurance described below. The insurance policies shall provide that the Insurance represented by such certificates shall not be canceled without the giving of thirty (30) days' prior written notice to the holders of such Insurance and the additional insureds. The insuring Owner shall also carry Workers' Compensation Insurance as required under all applicable Workers' Compensation laws In an amount not less than statutory limits as well as commercial automobile liability Insurance. The Insurance carried by the insuring Owner hereunder shall be primary Insurance and not contributory with any other insurance which is maintained by the Owner of the other Parcel. 5. Runs With the Land: The easement herein granted shall be a burden on each Parcel, shall be appurtenant to and for the benefit of the other Parcel and each part thereof and shall run with the land. 6. Successors and Assigns: This Agreement and the easement created hereby shall inure to the benefit of and be binding upon the Owners, their heirs, personal representatives, successors and assigns, and upon any person acquiring any Parcel, or any portion thereof, or any Interest therein, whether by operation of law or otherwise. Notwithstanding the foregoing, If any Owner sells or transfers all or any portion of its interest in any Parcel, such Owner shall, upon the sale and conveyance of title, be released and discharged from all of Its obligations as Owner In connection with the property sold by It arising under this Agreement after the sale and conveyance of title but shall remain liable for all obligations arising under this Agreement prior to the sale and conveyance of title. The new Owner of any such Parcel or any portion thereof (including, without limitation, any Owner who acquires Its interest by foreclosure, trustee's sale or otherwise) shall be liable for all obligations arising under this Agreement with respect to such Parcel or portion thereof after the date of sale and conveyance of title. 7. Duration: The term of this Agreement shall be perpetual. 8. Modification and Termination: This Agreement may not be modified in any respect whatsoever or terminated, in whole or in part, except with the consent of the Owners, and then only by written instrument duly executed and acknowledged by the Owners required herein to be a party thereto and recorded in the office of the recorder of the county in which the Parcels are located. No modHicatlon or termination of this Agreement shall affect the rights of any lienholder unless the Ilenholder consents in writing to the modification or termination. 9. Not a Public Dedication: Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Parcels to the general public or for the general public or for CROSS -ACCESS AGREEMENT - 3 43393.0035.6183271.2 any public purpose whatsoever, it being the intention of the parties that this Agreement shall be strictly limited to and for the purposes herein expressed. 10. Breach Shall Not Permit Termination: It is expressly agreed that no breach of this Agreement shall entitle the Owner of a Parcel to terminate this Agreement, but such limitation shall not affect in any manner any other rights or remedies which such Owner may have hereunder by reason of any breach of this Agreement. Any breach of this Agreement shall not defeat or render invalid the Ilen of any mortgage or deed of trust made in good faith for value, but this Agreement shall be binding upon and be effective against any Owner whose title is acquired by foreclosure, trustee's sale or otherwise. 11. Default: If any Owner fails to perform any provision of this Agreement, which failure continues for a period of thirty (30) days after receipt of written notice specifying the particulars of such failure, such failure shall constitute a default and the other Owner may thereafter institute legal action against the defaulting Owner for specific performance, declaratory or Injunctive relief, monetary damages or any other remedy provided by law; provided, however, that the Owner receiving the notice shall not be deemed to be in default if such failure to perform cannot be rectified within said thirty (30) day period and such Owner is diligently proceeding to rectify the particulars of such failure. 12. Transfer Notice: An Owner selling or transferring all or any portion of its Interest In any Parcel shall give prior written notice thereof to the other Owner ("Transfer Notice"), which Transfer Notice shall include at least the following information: (i) the name, current address and current phone number of the transferor, (fi) the name, current address and current phone number of the transferee, and (iii) the effective date of the transfer. 13. Notices: (a) All notices given pursuant to this Agreement shall be in writing and shall be given by personal service, by United States mail or by United States express mail or other established express delivery service (such as Federal Express), postage or delivery charge prepaid, return receipt requested, addressed to the appropriate party at the address set forth below (or, if a Transfer Notice has been given, to the person designated in the Transfer Notice). If a notice must be given to a person other than one designated below or in a Transfer Notice, such notice shall be sent to the person and address shown on the then current real property tax rolls of the county In which the Parcel is located. All notices to Primeland or Westmark shall be sent to the appropriate party at the address set forth below: Primeland: Primeland Investment Group, LLC c/o Idaho Trust Bank 888 West Broad Street Boise, ID 83702 Westmark: Westmark Credit Union P. O. Box 2869 Idaho Falls, ID 83403 The person and address to which notices are to be given may be changed at any time by any party upon written notice to the other parry. All notices given pursuant to this Agreement shall be deemed given upon receipt. CROSS -ACCESS AGREEMENT - 4 43303.0035.6183Z71.2 (b) For the purpose of this Agreement, the term "receipt" shall mean the earlier of any of the following: (!)the date of delivery of the notice or other document to the address specified pursuant to subparagraph (a) above as shown on the return receipt, (ii) the date of actual receipt of the notice or other document by the person or entity specified pursuant to subparagraph (a) above, or (i)I) in the case of refusal to accept delivery or inability to deliver the notice or other document, the earlier of (A) the date of the attempted delivery or refusal to accept delivery, (B) the date of the postmark on the return receipt, or (C) the date of receipt of notice of refusal or notice of nondelivery by the sending party. 14. Waiver: The failure of a person to insist upon strict performance of any of the provisions contained herein shall not be deemed a waiver of any rights or remedies that said person may have, and shall not be deemed a waiver of any subsequent breach or default in the performance of any of the provisions contained herein by the same or any other person. 15. Attorneys' Fees: In the event any person initiates or defends any legal action or proceeding to enforce or Interpret any of the terms of this Agreement, the prevailing party In any such action or proceeding shall be entitled to recover from the losing party In any such action or proceeding Its reasonable costs and attorneys' fees (including its reasonable costs and attorneys' fees on any appeal). 16. Severability: If any term or provision of this Agreement or the application of it to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Agreement or the application of such term or provision to persons or circumstances, other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and shall be enforced to the extent permitted by law. 17. Captions and Headings: The captions and headings in this Agreement are for reference only and shall not be deemed to define or limit the scope or intent of any of the terms, covenants, conditions or agreements contained herein. 18. Joint and Several Obligations: In the event any party hereto Is composed of more than one person, the obligations of said party shall be Joint and several, 18. Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute a single Instrument, and shall be effective upon execution of one or more of such counterparts by each of the parties hereto. 20. Recordation: This Agreement shall be recorded in the office of the recorder of the county In which the Parcels are located. EXECUTED as of the day and year first above written. CROSS -ACCESS AGREEMENT - 5 43393.0035.01832712 PRIMELAND: PRIMELAND INVESTMENT GROUP, LLC, an Idaho limited liability company By: Idaho Trust Bank, solely In its capacity as Trustee of The Edward L. Bows and Shirley G. Bows Living Trust U/T/A dated February 11, 2004, Its Manager By: Laz_ Brian Kondeff, Vice President o Id ho Trust Bank STATE OF IDAHO ) ) ss. County of Ada )• On this � IV day of h V?ni 6 FY. 2013, before me, /,,D YI a Notary Public in and for said State, personally appeared Brian Kondeff, known or identified to me to be a Vice President of Idaho Trust Bank, an Idaho corporation, the Trustee of The Edward L. Bows and Shirley G. Bows Living Trust U/T/A dated February 11, 2004, the Manager of Primeland Investment Group, LLC, an Idaho limited liability company, who subscribed said limited liability company name to the foregoing Instrument, and acknowledged to me that he executed the within instrument on behalf of said Corporation, and that such Corporation executed the within instrument as such Trustee, and that the Trustee executed the same in said limited liability company name, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. CROSS -ACCESS AGREEMENT - 6 43393.0035. B 133271.2 WESTMARK: WESTMARK CREDIT UNION, an Idaho corporation STATE OF IDAHO } ss. County of Ad. On this - day � �, before m Ur A_&44 ii 1cr a Notary Public In and for said State, ers ally a geared ts2 Y 14 known or identified to me to be the ,�estmark Credit Union, an Idaho corporation, the corporation that executed t e wit In mstrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. I INY A A. RGcV_STARYPUDLITE OF IDAHO CROSS -ACCESS AGREEMENT - 7 43393.0035,6183271.2 SCHEDULEI DESCRIPTION OF PRIMELAND PARCEL Parcel "B" of that certain Record of Survey 9574, recorded October 30, 2013, as Instrument No. 113120372, records of Ada County, Idaho, as more particularly described as follows: A parcel of land located in all of Lot 67, and a portion of Lot 66, Block 10 of BRIDGETOWER CROSSING SUBDIVISION NO.7, as filed in Book 92 of Plats, at Pages 10918-10919, Records of Ada County, Idaho, situated in the NW1/4 of the NW1/4 of Section 35, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at the Southwest comer of said Lot 66; thence, along the south boundary of said Lot 66, 1) S.89°08'07"E., 187.50 feet (Of record, S.89006'41 "E.); thence, 2) N.00°52'46"E., 174.96 feet to the north right-of-way of W. Quintale Drive and the beginning of a non -tangent curve; thence, along said right-of-way, 3) Easterly along said curve to the right, having a radius of 275.00 feet, an arc length of 77.16 feet, through a central angle of 16004'37", and a long chord which bears S.80005'46"E., 76.91 feet to a point of reverse curvature; thence, 4) Easterly along said curve to the left, having a radius of 325.00 feet, an are length of 95.97 feet (Of record, 95.98 feet), through a central angle of 16°55'11" (Of record, 1605512"), and a long chord which bears S.80031'02"E., 95.63 feet (Of record, S.80"30'43"E., 95.63 feet) to the east boundary of said Lot 66; thence, non -tangent from said curve, along said east boundary of Lot 66 and Lot 67, 5) S.00°52'58"W., 341.13 feet (Of record, S.00053'19"W) to the southeast corner of said Lot 67; thence, along the exterior boundary of said lot the following courses: 6) N.89°07'02"W., 358.00 feet (Of record, N89°06'41 "W); thence, 7) N.00°5256"E., 192.47 feet (Of record, N.0005319"E) to the POINT OF BEGINNING The above described parcel CONTAINS 96,391 square feet (2.213 Acres), more or less. CROSS -ACCESS AGREEMENT— SCHEDULE I 43383.0036.6183271.2 SCHEDULEII DESCRIPTION OF WESTMARK PARCEL Parcel "A" of that certain Record of Survey 9574, recorded October 30, 2013, as Instrument No. 113120372, records of Ada County, Idaho, as more particularly described as follows: A parcel of land located in a portion of Lot 66, Block 10 of BRIDGETOWER CROSSING SUBDIVISION NO.7, as filed in Book 92 of Plats, at Pages 10918-10919, Records of Ada County, Idaho, situated in the NW1/4 of the NW1/4 of Section 35, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at the Southwest corner of said Lot 66; thence, along the west boundary of said Lot 66, 1) N.00°50'59"E., 150.08 feet (Of record, N.00053'1 9"E., 150.00 feet); thence, 2) N.46°00'20"E., 35.41 feet (Of record, N.45053'19 "E., 35.36 feet) to the south right-of- way of W. Quintale Drive; thence, along said right-of-way, 3) S.89°07'02"E., 157.77 feet (Of record, N89006'41 "E., 157.77 feet) to the beginning of a tangent curve; thence, 4) Easterly along said curve to the right, having a radius of 275.00 feet, an arc length of 4.72 feet, through a central angle of 0058'58", and a long chord which bears S.88037'33"E., 4.72 feet; thence, non -tangent from said curve, 5) S.00°52'46"W., 174.96 feet to the south boundary of said Lot 66; thence, along said boundary, 6) N.89°08'07"W., 187.50 feet (Of record, N89006'41"W) to the POINT OF BEGINNING. The above described parcel CONTAINS 32,513 square feet (0.746 Acres), more or less. CROSS -ACCESS AGREEMENT — SCHEDULE II 43393.0035,6183271.2 SCHEDULE III DEPICTION OF CROSS -ACCESS DRIVE AISLE f 1 page attached heretol CROSS -ACCESS AGREEMENT - SCHEDULE IV 43383.OMS.9133271.2 q®® q g 2O FgAi 9 � N! Rig BAR gq a # gg gap®®I I a k aga �g4 rr°J p `j!^� I I 6 1 3 a R �g��g g e�zaa g�pM A a E g @�0 R 4 ei.0 m muoPoe W y yy ___ _.N_liNbiWN (eMaM1/S IJMW Y+1 .�'a �6 N1tN E01FPOAP liJ % �. � � ro ggg j� �iTiT iamr,rJvj i.iai.�iT —wj a ---=�_ � �o I @• �� I� as �; �� f3 ��8 '� I I _ P�PPP9 I I x gRiq�A Ir gF'1' iI�z� 9pe ln i G C N ay6 q9g gg Y � 55 q Y m � SCHEDULE IV DESCRIPTION OF CROSS -ACCESS DRIVE AISLE [1 page attached heretol CROSS -ACCESS AGREEMENT— SCHEDULE IV 433830035.61832712 Project No. 130148 Date: October 30, 2013 Page I of 1 MT -O ENGINEERS CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008 208-323.2288 • FAX 2OB-323-2399 PARCEL "A" and "B" CROSS ACCESS EASEMENT A parcel of land located in a portion of Parcel "A" and Parcel "B" as shown on Record of Survey 9574, Instrument No. 113120372, Records of Ada County, Idaho, situated in the NW I /4 of the NWl/4 of Section 35, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: A) COMMENCING at the southwest comer of said Parcel "A'; thence, along the south boundary thereof, B) S.89°08'07"E„ 177.50 feet to the POINT OF BEGINNING; thence, along a line parallel with and 10.00 feet west of the new parcel line common to said Parcel "A" and Parcel 'B", 1) N.00°52'46"E., 174.96 feet to the north line of said Parcel "A"; thence, 2) 5.89°33'44"E., 5.28 feel to the beginning of a tangent curve; thence, 3) Easterly along said curve to the right, having a radius of 275.00 feet, an arc length of 14.72 feet, through a central angle of 3°04'03", and a long chord which bears 5.87°35'00"E., 14.72 feet; thence, non -tangent from said curve, along a line parallel with and 10.00 feet east of said new parcel line, 4) S.00°52'46"W., 174.61 feet to the easterly prolongation of the south boundary of said Parcel "A'; thence, along said prolongation line and said boundary, 5) N.89°08'07"W., 20.00 feet to the POINT OF BEGINNING. The above described parcel CONTAINS 3,498 square feet (0.080 Acres), more or less, SUBJECT TO: Record documents. H:1130I48%WPfiIakamnson line Cross Avocm.doc Jul/1612D1412:27:49 PM T-0 Engineers Inc (Boise) 2083232399 1/10 Recording Requested By and When Recorded Return to: Paula Landholm Kluksdal HAWLEYTROXELL ENNIS & HAWLEY LLP P. 0. Box 1617 Boise, IO 98701 ADA COUNTY RECORDER Chrislopher 0, Rich AMOUNT 37.00 10 PORE IDAHO 11Md/13 03:20131111 1! DEPUTY CORDED -A -REQUEST T OF III I�II�IIIIIlII�III�IIIIIIIIIIIII�II Idaho Trait look 113126007 SRMSAVMEWIS 4NA PMI RSOMIOSR'S USS ONLY DECLARATION OF EASEMENT This DECLARATION OF EASEMENT (this "Dectaratlan") Is made this 5 day of AVeuc"L4a✓ , 2019, by Primaland Investment Group, LLC, an Idaho limited IlabliRy company, ("Prlmeland"). RE ITAL A. Primaland Is The owner of certain real property located in Ada County, Idaho, more particularly described on'Exhibit A (PParcel "f3"% attached hereto and incorporated herein. B, Primaiand Is also the owner of that certain real property located In Ada County, Idaho, more particularly desodbed on Exhibit B ("Parcel "A`"'), attached hereto and Incorporated herein. Parcel "A" and Parcel "B" are sometimes referred to herein collectively as "Parcels." C. Primaland wishes to establish an aooess easement for pedestrian and vehicular access upon, over, across and through the Parcel "9" for the benefit of Parcel "A", upon the terms and conditions of this Declaration. NOW THEREFORE, In consideration of the recitals above which are Incorporated below, and the premises and the mutual undertaking and agreements hereinafter contained, Prlmeland declares, creates and grants as follows: ARTICLE 1 DECLARATION OP BASEMENT 1.1 Acoass Easement, Prlmeland hereby declares, creates, grants and conveys, for the benefit of, and as an appurtenance to, Parcel A;' subject to all axlating easements, encumbrances and restrictions of record, and the terms and conditions hereinafter set forth, a perpetual, non-exclusive pedestrian and vehicular Ingress, egress, passage and traffic easement upon, over, across and through that portion of Parcel PB" as more particularly described on E hoc Iblt C ("Access Easement"), end depicted as crose-hatched on Exhibit D which exhibits are attached hereto and incorporated herein. DECLARATION OF EASEMENT -1 43393MI5.610203M1 Jul/16/201412:27:49 PM T -O Engineers Inc (Boise) 2083232999 2110 ARTICLE; 2 MAINTENANCE AND REPAIR 2,1 Maintenance and Repair. Pdmaland, at Its sola cost and expense, will construct and pave the Access Easement. Pdmeland shall perform of cause to be performed all routine maintenance of the Access Easement, Including maintenance of gradingRllling hales, malydenancs of drainage ditches, construction and repair of culverts, snow removal from travel surface and roadside weed control as required by Ada County ordinances and/or regulations, All costs and expenses Incurred In connection with such maintenance and repair of the Access Easement shall he shared equally by the owners of Parcel "A" and Parcel 5," and the owner of Parcel 08" shall blll the owner of Parcel "A" for Its share of the maintenance and repair of the Access Easement. The owner of Parcel "A" and the owner of Parcel "B" are sometimes referred to hereln Individually as "Parcel Owner" or collectively as "parcel Owners," In the event that a Parcel Owner causes extraordinary damage to the Access Easement, such Parcel Owner shall be solely responsible for the cost to repair such damage, ARTICLE 3 MISCELLANEOUS 3.1 Not a Public Dadicalion. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Parcels or Access Easement to the general public or for the general public or for any public purpose whatsoever, it being the Intention of the parties that this Declaration shall be strictly limited to and for the purposes herein expressed, 3.8 Indemnification. (s) Parce O er. Each Parcel Owner, and Its successors and assigns, shall Indemnify, defend and hold armless the other Parcel Owner, and their officers, directors, members, managers, employees, agents, trustees, beneficlarles, hairs, licensees, contractors, guests, Invitess, su00e6sors and assigns, from any and all liabllhies, claims, damages, expenses (Including, without limitation, costs and reasonable attomay's fees, and coats and reasonable attorney's fees on any appeal), Judgments, proosedings and causes of notion of any kind whatsoever for Injury to or death of any person or damage to any property occurring or arising out of such Parcel Owner's use of the Access Easement, except to the extent caused by the gross negligence or willful act or omission of the other Parcel Owner, or their respective officers, directors, members, managers, employees, agents, trustees, beneficiaries, heirs, licensees, contractors, guests, Invitees, successors and assigns. This Section shall survive any terminatlon of this Declaration. 3.3 Default: If any Parcel Owner falls to perform any provision of this Declaration, which failure continues for a period of thirty (30) days after receipt of written notice specifying the particulara of such failure, such failure shall constitute a default and the other Parcel Owner may thereafter Institute legal aotlon against the defaulting Parcel Owner for specific Performance, declaratory or Injunctive relief, monetary damages or any other remedy provided by law; provided, however, that the Parcel Owner receiving the notice shall not be deemed to be In default if such failure to perform cannot be rectified within said thirty (30) day period and such Parcel Owner is dlllgentiy, proceeding to rectify the particulars of such failure, DECLARATION OF EASEMENT - 2 433M.0035.6192935,l Jul/18/2014 12:27:49 PM T -O Engineers Inc (Bolsa) 2083232399 3110 3,4 Term, The term of the easement granted herein shall be perpetual, unless terminated In writing by the mutual agreement of the Parcel Owners, or their respective successors or assigns. 3.6 Easement Obstructions. No Improvement or structure, Including but not limited to, a fence, gats, hedge, wall, barrier or other impediment, which would materially Impair or Impede access of pedestrians or vehicles to and from Parcels shell be permitted In the Access Easement, 3.6 Injunctive Relief, In the event of any violation or threatened violation by any Parcel Owner (Including any of Its directors, officers, members or agents) of any of the restrictions or obligations herein, a Parcel Owner shall have the right to enjoin such violation or threatened violation in a court of competent )uriadtotion, The right of injunction shall be In addltlon to all other remedles set forth In this Declaration or provided by law. 3,7 Notice and Cure. A Parcel Owner shall be deemed to be In default of this Declaration only upon the expiration of thirty (30) days from receipt of written notice from the other party specifying the particulars in which such defaulting party has failed to perform the obligations of this Declaration unless such party, prior to the expiratlon of such thirty (30) days has recllfled the particulars specified in the notice of default. However, such party shall not be deemed to be In default It such failure cannot be rectNled within such thirty (30) day period and such party Is using good faith and Its reasonable diligence to rectify the particulars specified In the notice of default, 3.9 Notices, Any notice which may be or i9 required to be given under this Declaration shall be deemed delivered upon recelpt ff personally delivered, or through nationally reoognixed overnight Courier, or three (3) days after the date postmarked If sent by registered or certi led mall, return receipt requested, postage prepaid, addressed to such party. Notices shall he In writing, 3.9 Relationship of Parties; No Third Party Rights. Nothing contained In this Declaration shall be construed as creating a partnership, Joint venture, or principal and agent or any other relationship between the Parcel Owners. This Declaration Is not Intended to create, nor shall It be In any way Interpreted or construed to create, any third party beneficiary rights In any person not a party hereto, 3.10 Attorneys' Fees, In the event any party Initiates or defends any legal action or proceeding to enforce or Interpret this Declaration, the prevailing party In any such action or proceeding shall be entitled to recover from the non-prevalling party In any such action or proceeding Its costs and reasonable attorneys' fees (including ifs costs and reasonable attorneys' fees on any appeal) as determined by the court in the same or a separate proceeding, 3.11 Governing Lew. This Declaration shall be governed by, and construed and enforced In accordance with the laws of the State of Idaho. 9.12 No Waiver. No provision of this Declaration, no breach thereof end no right or remedy becoming available upon the happening of any breach can be waived, except by a DECLARATION OP EASEMENT - 3 43D3.0035.618283s.2 Jul/161201412:27:49 PM T -O Engineers Inc (Boise) 2083232399 4110 written Instrument dated and executed by the party against whom enforcement of such waiver Is sought. Each waiver shall apply to the particuiar Instance and at the particular time only, and no waiver shall be doomed a continuing one, or as applying to any other provision hereof or other prior, contemporaneous or subsequent breach or other available right or remedy. 3.19 Severablllty. If any provision of this Declaration shall be judicially determined to be Invalid, Illegal or unenforceable In any respect, the remaining provisions hereof shall not be affeoted thereby and shall continue In full force and affect. 3.14 Headings. The headings contained In this Declaration have been Inserted for convenience only, and do not In any way define, limit, enlarge, modify or describe the scope or intent of any provision hsreof and shall not be considered when Interpreting or construing the same. 3.15 Modification of Declaration. This Declaratlon is Intended to be perpetual, and this Declaration shall not be modified, amended or terminated without the prior written consent of beth of the Parcel Owners, or their successors and assigns at the time of modification, and then only by written Instrument duly executed and acknowledged by such parties, and recorded In the reourds of Ada County, Idaho. 3.16 Recordation. This Declaration shall not become effective or binding upon the Access Easement or Parcels unless and until such time as a fully executed and acknowledged original counterpart hereof has been filed In the records of Ada County, Idaho. 3.17 Runs with the Land. Each term, covenant, condition and agreement contained herein, Including the benefits and burdens, shall run with the land and are binding upon the Access Easement and Inure to the benefit of the Parcels. 3.18 Successors and Assigns. This Declaration and the easement created hereby shall inure to the benefit of and be binding upon the parties, and their successors and assigns, and upon any person or entity acquiring a Parcel, or any portion thereof, or any Interest therein, whether by operation of law or otherMse. 3.19 Entire Agreement. This Declaration contains the entire agreement regarding the easement set forth herein and supersedes all prior agreements, oral or written, with respect to the aubjeot matter hereof. The provisions of this Declaration shall be construed as a whole and not strictly for or against any party. 9.20 Joint and Several. In the event any party hereto is comprised of more than one person, the obligations of the party shall be joint and several. [signature on the following page] DECLARATION OF EASEMENT - 4 43393.0M3.6182851 Jul/16/201412:27:49 PM T -O Engineers Inc (Boise) 2093232399 5110 EXECUTED as of the day and year first above written. PRIMELAND INVESTMENT GROUP, LLC, an Idaho Ilmlted liability company By: Idaho Trust Dank, solely In Its capacRy as Trustee of The Edward L Bows and Shirley G. Bows Uving Trust U/T/A dated February 11, 2004, its Manager By: Brian Ken , Vice Presidedl of Idaho Trust Bank STATE OF IDAHO ) 99. County of Ada On this / �h day of Nn vew,l.ir, 2013, before me, 40 r V; r a Notary Publlc In and for sold State, personally appeared Brian Kondeff, known or Identified to me to be a Vice Prooldent of Idaho Trust Bank, an Idaho corporation, the Trustee of The Edward L. Sews and Shirley G. Sews Living Trust U/T/A dated February 11, 2004, the Manager of Prlmeland Investment Group, LLC, an Idaho limited liability company, who subsodbed said Ilmlted liability company name to the foregoing Instrument, and acknowledged to me that he executed the within Instrument on behalf of said Corporation, and that such Corporation executed the within instrument as such Trustee, and that the Trustee executed the same In sold limited liability company name. IN WITNE88 WHEREOF, I have hereunto set my hand and affixed my official seal the day and year In this certificate first above written. DECLARATION OF EASEMENT • 5 43393,0035.6152535.2 Jull16t201412:27:49 PM T -O Engineers Inc (Boise) 2053232399 6110 EXHIBIT A LEGAL DESCRIPTION OF PARCEL "B" Parcel "B" of that certain Record of Survey 9574 renorded October 30, 2018, as Instrument No. 113120372, records of Ada County, Idaho, as more particularly described as follows; A parcel of land located In all of Lot 67, and a portion of Lot 66, Black 10 of BRIDGETOWER CROSSING SUBDIVISION NO.7, as filed in Book 92 of Plats, at Pages 10918-10919, Records of Ada County, Idaho, situated In the NW114 ofthe NW114 of Section 35, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows; BLG8NNING at the Southwest comer of said Lot 66; Chance, along the south boundaryof said Lot 66, 1) 5,89°08'07"E„ 187,50 feet (Of record, S.89"08'41"E.); thence, 2) N.00°62'46"E., 174.86 feet to the north right-of-way of W. Quintale Drive and the beginning of a non -tangent curve; thence, along said right-of-way, 3) Easterly along said curve to the right, having a radius of 276,00 fest, an arc length of 77.16 feet, through a central angle of 18°007", and a long chord which bears 8.80005146"15.,70.91 feat to a point or reverse curvature; thence, 4) Easterly along said curve to the left, having a radius of 926.00 feet, an arc length of 95.97 feet (Of record, 95.98 feet), through a central angle of 16155'11" (Of record, and along chord which boors S.60031102"E., 96.63 feet (Of record, S.8043014311E., 95,83 fact) to the east boundary of said Lot 66; thence, non -tangent from said curve, along said east boundary of Lot 66 and Lot 67, 5) 5,00"62'58"W., 341.13 feet (Of record, S.OW5319"W) to the southeast comer of said Lot 67; thence, along the exterfor boundary of said lot the fallowing courses; 6) N.89007'02"W., 358.00 feet (Of record, N89008'41"W); thence, 7) N.00°52'56"E., 192.47 feel (Of record, N.00°63119"E) to the POINT OF BEGINNING. The above described parcel CONTAINS 95,391 equare fest (2.218 Acres), more or lose. DECLARATION OF EASEMENT - e 43393.0033.vi aus.i Jul/16/2014 12:27:49 PM T -O Engineers Inc (Boise) 2083232399 7110 ERHIBIT B LEGAL DESCRIPTION OF PARCEL "A" Parcel "A" of that certain Record of Survey 9574, recorded October 30, 2013, as Instrument No. 113120372, records of Ads County, Idaho, as more particularly described as follows; A parcel of land located In a portion of I of 66, Block 10 of RRIDGETOWER CROSSING SUBDIVI ]ON NO.7, as filed In Book 92 of Flats, at Pages 110916.10919, Records of Ada County, Idaho, situated in the M/4 o1 the NW114 of Section 35, Township 4 North, Range 1 West, Bolsa Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows; BEGINNING at the Routhweet corner of said Lot 66; thence, along the west boundary of said Lot 68, 1) N,00060'69"E.,150.08 feet (Of record, N.00063'1911E.,160,00 feet); thence, 2) N.48"00'20"E., 35.41 feet (Of record, N,45063119 "E., 36.86 feel) to the south right-of-way of W. Quintale Drive; thence, along said right-of-way, 3) 3.89°07'02"E., 167.77 feet (Of record, N89"08'41 "E., 157.77 feet) to the beginning of a tangent curve; thence, 4) Easterly along said curve to the right, having a radius of 276.00 feet, an arc length of 4.72 feet, through a central angle of 0°58'58", and a long chord which bears 3.88°87'33"E., 4.72 fast; thence, non -tangent from said curve, 5) S.00°52'48"W., 174.98 feet to the south boundary of said Lot 66; thence, along said boundary, 6) N.89608'07'NV., 187.50 feet (Of record, NBO"06 AM) to the POINT OF BEGINNING. The above descdbad parcel CONTAINS 32,613 square foot (0.746 Acres), more or less. DECLARATION OF EASEMENT - 7 4.1993MVAIM35.2 Jul/1612014 12:27:49 PM T-0 Engineers Inc (Boise) 2083232399 8/t0 9XHIBIT C LEGAL DESCRIPTION OF A00E66 EASEMENT A parcel of land located In Parcel "B" as shown on Record of Survey 9574, Instrument No. 113120372, Records of Ada County, Idaho, situated In the NW1/4 of the NW1/4 of Section 35, Township 4 North, Range f West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows; COMMENCING at the Northeast oorner of said Lot 67; thence, along the north boundary thereof, A) S.B9°08'07°E., 57.0D feet to the POINT OF BEGINNING; thence continuing, 1) 5.89°08'07"E., 20.00 fest; thence, along a line parallel with and 77.00 feet east of the west boundary of said Lot 67, 2) 9,00°62'68"W., 192,50 feet to the south boundary of said Lot 67; thence, along said boundary, 3) N.89°07'02"W„ 20.00 feet; thence, along a line parallel with and 57.00 feet east of the west boundary of said Lot 67, 4) N.00°521611E., 192.49 feet to the POINT OF BEGINNING. The above described parcel CONTAINS 3,850 square feet (0.088 Acres), more or less. DECLARATION OF I_ASEMENT- 8 43393.ee$.613369.54 Jul/it3/201412:27:49 PM T -O Engineers Inc (Boise) 2083232399 9110 EXHIBIT D DEPICTION (see attached.] DECLARATION OF EASEMENT • 9 43397.0475.61821351 Jul/1812014 12:27:49 PM T-0 Englneers Inc (Boise) 2083232398 10110