Easement - 2007 - 3031 E State Street - Non-Exclusive Over & Across St Lukes Regional Medical Center - 6/11/2007
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 08114107 12:41 PM
DEPUTY Mlkola Ollon
RECORDED-REQUEST OF
Land Oroup
AMOUNT 46.00 .
16
11I1111111111111111111111111111111111
107085111
RECORDED AT THE REQUEST OF:
ST. LUKE'S REGIONAL MEDICAL CENTER, LTD.
AFI'ER RECORDING RETURN TO:
Quentin M. Knipe
STOEL RIVES LLP
101 S. Capitol Blvd., Suite 1900
Boise, Idaho 83702
Ju~(...
This EASEMENT AGREEMENT (this "Agreement") is dated as ofMe1112007,
and is made by ST. LUKE'S REGIONAL MEDICAL CENTER, LID., an Idaho nonprofit
corporation C'SLRMC") for the benefit of ALl LLC, an Idaho limited liability company
(collectively IIALI"), whose address is 600 Robbins Road, Suite 100, Boise, ID 83701, at
the behest of the CITY OF EAGLE, an Idaho municipal corporation ("Eagle").
EASEMENT AGREEMENT
BacUround
A. SLRMC is the fee simple owner of certain land located in the City of Eagle,
County of Ada, State of Idaho as more particularly described on Exhibit A attached hereto
and made a part hereof (the IISLRMC Parcel").
B. ALl is the fee simple owner of certain land located in the City of Eagle,
County of Ada, State of Idaho as more particularly described on Exhibit B attached hereto
and made a part hereof (the "ALI Parcel").
C. As a condition of the development of the SLRMC Parcel, Eagle is requiring
SLRMC to grant to ALl a non-exclusive easement over and across the portion of the
SLRMC Parcel which is designated on Exhibit C attached hereto and made a part hereof
(the "SLRMC Easement Area") for the Permitted Use (defined below) only.
Terms
NOW, THEREFORE, for and in consideration of the premises herein contained
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
EASEMENT AGREEMENT - Page I of 6
Boisc-198171.9004108I-OOOO3
1. Definitions. For purposes hereof:
(a) The term "Parcel" shall mean either the SLRMC Parcel or the ALl
Parcel and any future subdivisions of either the SLRMC Parcel or the ALl Parcel.
(b) The term "SLRMC" shall include any and all successors or assigns of
SLRMC as the owner or owners of fee simple title to all or any portion of the SLRMC
Parcel whether by sale, assignment, inheritance, operation of law, foreclosure, or
otherwise, but not including the holder of any lien or encumbrance on the SLRMC Parcel
unless and until such holder becomes the record owner thereof.
(c) The term "ALl" shall include any and all successors or assigns of ALl
as the owner or owners of fee simple title to all or any portion of the ALl Parcel whether
by sale, assignment, inheritance, operation of law, foreclosure, or otherwise, but not
including the holder of any lien or encumbrance on the ALl Parcel unless and until such
holder becomes the record owner thereof.
(d) The term "Permitted Use" refers to use of the SLRMC Easement Area
by a pedestrian or person in a motor vehicle who meets both of the following criteria: (i)
such pedestrian or person is located on the ALl Parcel; and (ii) such pedestrian or person
desires to enter the SLRMC Parcel for the purpose of patronizing a business or businesses
on the SLRMC Parcel. The term "Permitted Use" does not include, among other things, use
of the SLRMC Parcel as a thoroughfare or for parking while patronizing a business or
businesses on the ALl Parcel.
(e) The term "Permittees" shall mean the tenants or occupants of a Parcel,
and the respective employees, agents, contractors, customers, invitees and licensees of (i)
the owner or owners of fee simple title to all or any portion of a Parcel and (ii) such tenants
or occupants.
2. Grant of Easement. SLRMC hereby grants to ALl a non-exclusive
easement over and across the SLRMC Easement Area for the Permitted Use only. The
Permittees of the ALl Parcel also shall be permitted to use the SLRMC Easement Area for
the Permitted Use only.
3. Term of Easement. This Agreement shall be effective commencing on the
date of recordation in the office of the Ada County, Idaho Recorder and shall continue in
perpetuity, unless this Agreement is modified, amended, canceled or terminated by the
written consent of ALl and SLRMC or as otherwise provided herein.
4. Imorovement and Maintenance of Easement Area. If ALl evidences its
intent to utilize the easement granted herein and its agreement to the terms of this
Agreement all to SLRMC's reasonable satisfaction then, SLRMC, at its own cost, shall
EASEMENT AGREEMENT - Page 2 of 6
Boise-198171.9 0041081-00003
.'
promptly improve and maintain the SLRMC Easement Area as reasonably appropriate to
facilitate the Permitted Use. ALl shall have no right to improve or maintain the SLRMC
Easement Area.
5. Use of Easements. The easement granted herein shall be used and enjoyed
.by ALl and its Permittees in such a manner as not to unreasonably interfere with the
conduct and operations of the business or businesses at any time conducted on the SLRMC
Parcel. The easement granted by this Agreement is non-exclusive in nature. Each party's
use of the SLRMC Easement Area shall comply with all applicable Federal, State and local
laws, regulations and ordinances. ALl shall (and SLRMC may) take steps to ensure the
SLRMC Easement Area is not used by ALl or its Permittees for other than the Permitted
Use.
6. Indemnification. The foregoing grant of easement is conditioned up ALl
indemnifying and saving SLRMC harmless from and against any and all suits, claims,
liabilities, and expenses (including, without limitation, reasonable attorneys' fees) relating
to accidents, injuries, loss, or damage of or to any person or property arising from or in any
manner relating to the use by ALlor its Permittees of the SLRMC Easement Area for other
than the Permitted Use. If ALl uses or allows its Permittees to use the SLRMC Easement
Area, ALl shall be deemed to have agreed to all the terms of this Agreement including,
without limitation, the foregoing obligation to indemnify and save SLRMC harmless.
7. Modifications to AlZfeement~ Waiver. Except as expressly provided herein,
neither this Agreement nor any provision hereof may be modified or amended except with
the 'lll'itteB SeRSeRt of the G~ ef Eagle; SbRMG aad MI and Be Hl09iH98tiQB 9f
amendment shall be effective until it has been signed by the City of Eagle, SLRMC and
ALL The failure of a person to insist upon strict performance of any of the provisions
contained herein or to otherwise promptly assert any rights arising hereunder 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.
8. Remedies and Enforcement. In the event of a breach or threatened breach
by ALlor its Permittees of any of the terms, covenants, restrictions or conditions hereof,
SLRMC shall be entitled forthwith to full and adequate relief by injunction and all such
other available legal and equitable remedies from the consequences of such breach,
including payment of any amounts due, payment of direct, indirect and consequential
damages suffered by or incurred by SLRMC and/or specific performance. The remedies
specified herein shall be cumulative and in addition to all other remedies permitted at law
or in equity.
EASEMENT AGREEMENT - Page 3 of 6
Boise-I 98171.9 0041081-00003
9. No Ri~ts in Public. Nothing contained herein shall be construed as
creating any rights in the general public or as dedicating for public use any portion of the
SLRMC Parcel.
10. Covenants to Run With the Land. This Agreement is not intended to benefit
or burden or otherwise encumber the ALl Parcel until ALl uses the SLRMC Easement
Area or allows its Permittees to do so or otherwise agrees to the terms hereof. From and
after such time, (a) the terms, provisions, and easements provided in this Agreement shall
inure to the benefit of and be binding upon the heirs, legal representatives, successors, and
assigns of the parties hereto; and (b) the covenants, agreements and easements contained in
this Agreement shall be deemed to run with, burden, and benefit both the SLRMC Parcel
and the ALl Parcel. Notwithstanding the foregoing, if any owner of the SLRMC Parcel or
of the ALl Parcel 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 or transferred 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.
11. Fee Simple Title. It is hereby expressly agreed that this grant is of
easements only and that fee simple title to the SLRMC Parcel and the easement area
lasate€l a8 the SLRMG Pareel shallllR€l €lees remai8 i8 SLRMC.
12. Severability. If any provision of this Agreement or any application thereof
to any person or circumstances shall to any extent be determined to be invalid, inoperative,
or unenforceable, the remainder of this Agreement and the application of that provision to
any other persons or circumstances shall not be affected thereby and the remainder of this
Agreement shall be given effect as if the invalid, inoperative, or unenforceable provision
had not been included and each other provision of this Agreement shall be valid and
enforceable to the fullest extent permitted by law.
13. Liens. ALl has no authority or power to cause or permit any lien or
encumbrance of any kind whatsoever, whether created by ALl, operation of law or
otherwise, to attach to or be placed upon SLRMC's title or interest in the easement area
located on the SLRMC Parcel or any other portion of the SLRMC Parcel, and any and all
liens and encumbrances created by ALl shall attach to ALl interest only. ALl shall not
cause or enable any mechanics or materialmen liens to attach to or be placed upon the
easement area located on the SLRMC Parcel or any other portion of the SLRMC Parcel. .
EASEMENT AGREEMENT - Page 4 of 6
Boise-198171.9oo41081-oo003
14. Headin~s. Headings are inserted for convenience only and are not intended
to be part of this Agreement or in any way to define, limit, or describe the scope and intent
of the paragraphs.
15. Govemin2 Law. The laws of the State of Idaho shall govern the
interpretation, validity, performance, and enforcement of this Agreement.
16. Attornevs' Fees. In the event the City of Eagle, SLRMC or All shall
institute any action or proceeding against the other relating to the provisions of this
Agreement, or any default hereunder, then, in that event, the unsuccessful party in such
action or proceeding. agrees to reimburse the successful party for the reasonable expenses
of such action including reasonable attorneys' fees incurred therein by the successful party.
17. Time of Essence. Time is of the essence of this Agreement.
18. Termination. SLRMC, after providing at least thirty days written notice to
All and the City of Eagle, without the necessity of joinder, approval or consent of All,
may unilaterally terminate this Agreement by recording notice thereof in the real property
records of Ada County, Idaho upon the happening of any of the following events, provided
that if a breach is alleged, All has the opportunity to cure such breach within the thirty day
notice period:
(a) SLRMC and Eagle agree that this Agreement should be terminated.
(l~) It; the PePRlittees at the ;\-Y Pare.l 8":er \19, the SLRMG B88emem
Area for other than a Permitted Use more frequently than for a Permitted Use during the
hours of operation of any business located on the All Parcel during five (5) consecutive
days such business is open for business, as documented by a reputable traffic engineer
agreed to by both Eagle and SLRMC.
(c) If All ever materially defaults in its obligations under this
Agreement following notice and a reasonable opportunity to cure, not exceeding thirty (30)
days.
(d) If SLRMC requests that All execute a recordable document before
a notary public evidencing ALl's acceptance of the terms of this Agreement including,
without limitation, the obligation to indemnify and save SLRMC harmless pursuant to
Section 6 (Indemnification) above, and ALl fails to do so within fifteen (15) days.
EASEMENT AGREEMENT - Page 5 of 6
Boise-198171.90041081-OOO03
IN WITNESS WHEREOF, SLRMC hereby executes this Agreement as of the day
and year fIrst above written.
SLRMC:
ST. LUKE'S REGIONAL MEDICAL CENTER, LTD.,
an Idaho n -profit corporation
STATE OF IDAHO )
) ss.
COUNTY OF ADA )
On this .1L day of JCJ..Jl..L,J, 2007, before me, the undersigned, a Notary
Public in and for said State, personally appeared . ~ to me
Ltd., the non-profit corporation that executed the foregoing instrument, and acknowledged
to me that the said instrument is the free and voluntary act and deed of said non-profIt
corporation, for the uses and purposes therein mentioned, and on oath stated that he is
authorized to execute the said instrument.
WITNESS MY HAND and official seal hereto affixed the day, month and year in
this certifIcate fIrst above written.
My commission expires:
~. trr. 10((
,
&~ (!D.LL
Notary Public in an,& the State ofldaho
Residing at IJ. LU-- , Idaho
.;,
EXHIBIT A
Legal Description of Property
PARCEL II
~
A tract of land situated in a portion of the Southeast one quarter
of the Southeast one quarter of Section 15, 'lownship 4 North, Range
1 East, Boise Meridian, Ada County, Idaho, further described as
follows:
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Conunencing at a 5/8" rebar 1l\arking the Southeast corner of the
Northeast Quarter of said Southeast QUarter of Section 15,
Township 4 No%'th, Range 1 East, Boise Meridian, Ada County,
I<laho; thence
North 89"46' 01" West 634.70 feet (formerly desoribed as West, 9.60
chains) along the South line of said Northeast Quarter of the
_ Southeast Quarter to a point, thence leaving said" South line
North 00036'08" East 27.65 feet (for.merly described as North 0.28
chains) to a 1/2" rebar marked "pls 4108"1 thence continuing
North 00036' 08" East 3.34.78 feet (formerly described as North
134.78 feet) to the REAL POINT OF BBGINNING I thence continuing
North 00036'08" Bast 538.21 feet (formerly described as North 580
feet) to a 1/2" rebar marking the intersection w;ith the
Southerly right of way of State Highway 44 (Bast state
Street), thence .
North 6402~PQ6" West 165".39 feet (formerly described as North
64000' West) along said Southerly right of way, thence leaving
said southerly right of way
South 00036' 08" West 607 .88 feet (fo:r:merly described as South) I
thence
South 89023'52" East 150.00 feet (formerly described as Bast 150
EDA~) ~n ~nA ~~AL PO~~ QF >>i~~T~1
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PARCEL II:
A tract of land sit'l1&ted in a portion of the Southeast one quarter
of the Southeast ,one quarter of Section 15, 'J'o'WD.ship 4 North, Range
1 East, Boise Meridian, Ada County, Idaho, further described as
follows I
commencing at a 5/811 rebar marking the Southeast corner of the
Northeast Quarter of said Southeast QUa%'ter of Section 15,
'lownship 4 North, Range 1 East, Boi.e Ker~dian, Ada County,
Idaho; thence
.North 89046' 01" West 634.70 feet (formerly described as West 9.60
chains) along the South line of said Northeast Qua;oter of the
Southeast Quarter to a pointl thence leaving .said South line
continued
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31043S/MLC
Your No. WINCO FOODS
SCHEDULE A CONTINUED
North 00036'08" East 27.65 feet (formerly described as North 0.2B
ohains) to a 1/2" rebar marked "pls 4108", also being the REAL
POXNT OF BEGINNING; thence continuing
North 00036'0811 East 134.78 feet (formerly described as North
134.78 feet) thence
North 89023'52" West 150.00 feet (for.merly described as West 150
feet), thence
North 00.36'08" East 607.88 feet (for.merly described as North) to
the interseption with the' southerly right of way of State
Highway 44 (East State Street), thence
North 64029'06" West 227.60 feet (formerly described as North
64000' West) along Eudd Southerly right of way to a 1/2" rebar
marked "pls 4108"; thence leaving said Southerly right of way
South 00043'17" West 834.46 feet (formerly desoribed as South 13.40
chains) to a 1/2" rebar marked "pls 410811, thence
North 8401:1.' 0811 East :1.28.70 feet (formerly desoribed as North
83035.' East 1.95 chains) to a 1/21r rebar marked IIpls 4108"1
thence
South 84048' 528 East 23:1..00 feet (formerly described as South
850'25' East 3.50 chains) to the REAL POINT OF BlilGINNJ:NG.
PARCEL III:
A tract of land situated in a portion of the Southeast one quarter
of the Southeast one quarter of Section 15, Township 4 North, Range
:1. East, Boise Meridian, Ada County, Idaho, further described as
follows I
Beginning at the Southeast: corner of the Northeast Quarter of said
southeast Quarter, the REAL POINT OF BEGINNINGJ th8nce
North 89046'01" west 634.70 feet to a point) thence
North 00036'03" East 27.65 feet to a point) thence
North 00036'08'11 East 672.99 feet to a pointJ. thence
South 64e/29'06" East 699.80 feet to a point; thence
South aOe/36'OS" West 401.77 feet to the REAL POIN'l' OF BEGINNING.
continued
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31043S/MLC
Your No. WINCO FOODS
SCHEDULE A CONTINUED
PARCJilL IV:
A portibn of Lot 1 in Block 1 of LAXELAND ESTATES SUBDI~SION,
according to the official plat thereof, filed in Book 77 of Plats
at Page 8163 and 8164, Official Records of Ada County, Idaho, being
located in the Southeast Quarter of Section" l~, Township 4 North,
Range 1 East, Boise Meridian, City of Eagle, Ada County, Idaho,
further described as follows:
Commencing at an aluminum cap located at the Northeast corner of
the Southeast Quarter of the Southeast Quarter o.f said Section
15, said point being located on the Easterly extension of the
Northerly line of said Lot 11 thence along the Northerly line
of said Lot 1 and the Easterly extension thereof,
North 891>45'55" West I!l. distance of 534.'63 feet 'to a found 5/8 inch
iron rod; thence along the Northerly line of said Lot 1,
North 00047'08" East a distance of 27.63 feet to a found 5/8 inch
iron rod; said point 'being the POINT OB' BEGl:NNING; thence
continuing along the Northerly line of said Lot 1,
North 84050'0411 West a distance of 230.99 feet to a set 5/8 inch
iron rod; thence
South 94012'05" West a distance of 128.74 feet to a set SIB inch
iron rod, thence
South 00042'5811 West a distance of 27.02 feet to a set 5/8 inch
iron rod; thence departing said Northerly line
North 86055'46" Bast a distance of 358.98 feet to the POINT OF
BECUNNl:NG.
PARCEL Va
A portion of Lot 1 in Block 1 of LAKELAND ESTATES SUBDl:Vl:SION,
according to the offioial plat thereof, filed in Book 77 of Plats
at Page 8163 and 8164, Official Records of Ada County, Idaho, being
located in the Southeast Quarter of Seotion 15, Township 4 North,
Range 1 East, Boise Meridian, City of Eagle, Ada County, Idaho,
further described as follows:
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Commencing at an aluminum cap looated in the Northeast corner of
the Southeast Quarter of the southeast Quarter of said Section
15, said point being located on the Easterly extension of the
Northerly line of said Lot 1; thence along the Northerly line of
said Lot 1 and the Easterly extension thereof,
continued
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31043S/MLC
Your No. WINCO FOODS
SCHEDULE A CON'l'INUED
North 89045' 5511 West a di.stance of 41.00 feet to a set 5/8 inch
iron rod, said point being the POINT OF BEGINNING1 thence
continuing along the North line of said Lot 1
North 89045'55" West a dist.ance of 221.61 feet to a set 5/8 inch
iron rod, thence departing said.Northerly l~e
South 70025'02" East a distance of 102.80 feet to a set 5/8 inch
iron rod, thence .
South 78056'19" East a distance of 120.53 feet to a Bet 5/B inch
iron rod, thence
North 06030' 07" East a distance of 57.04 feet to the POINT OF
BEGINN:ING.
Address: 3031 E. STATE STREET, EAGLE, :IDAHO 83616-PARCEL :I, II &
II:I
0000 E. LAKELAND LANE, EAG~E, :IDAHO 83616-PARCEL IV & V
MLC/kc
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EXHIBIT B
"All PARCEL"
PARCELl
A tract of land situate in a portion of the East half of the Southeast Quarter of Section 15,
Township 4 North, Range 1 Bast, Boise Meridian, Ada County, Idaho, more particularly
described as follows:
Commencing at the section corner common to Sections 14, 15,22 and 23, Township 4
North, Range 1 East, marked by a found brass cap monument; thence
North 00036'08" East (formerly North), 620.40 feet along the East line of the Southeast
Quarter of Section 15 to a set 1/2" iron pin P.L.S. 4108; thence
North 89048'42" West 1325.94 feet (formerly West 1321.98 feet) to a point on the West
line of the East half of the Southeast Quarter, marked by a set 112" iron pin P.L.S. 4108;
thence
North 00036'31" East 1729.03 feet (formerly North 1751.64 feet) along the West line of
the East half of the Southeast Quarter to a point on the Southwesterly right of way line of
State Highway 44, marked by a set 112" iron pin P.L.S. 4108; thence
South 64029'06" East 55.13 feet along the Southwesterly right of way line of State
Highway 44 to a set 1/2" iron pin P.L.S. 4108 and the REAL POINT OF BEGINNING;
thence continuing along said right of way line
South 64029'06" East 313.81 feet to a set 112" iron pin P.L.S. 4108; thence
South 00043'17" West 829.14 feet to a set iron pin P.L.S. 4108; thence
North 89048'42" West 283.00 feet to a set 112" iron pin P .L.S. 4108; thence
North 00036'31" East 963.37 feet SO feet East of and parallel with the West line of the
East half of the Southeast Quarter to the POINT OF BEGINNING.
.;.
EXCEPT
Being a portion of the East half of the Southeast Quarter of Section 15. Township 4
North. Range 1 East. Boise Meridian, Ada County, Idaho. described as follows:
Commencing at the Southeast comer of the Southeast Quarter of Section 15. Township 4
North, Range 1 East, Boise Meridian; thence
North 00036'08" East (formerly North) 620.40 feet along the East line of said Southeast
Quarter~ thence
North 89048'42" West 1325.94 feet (formerly West 1321.98 feet), to a point on the West
line of said East half of the Southeast Quarter; thence
North 00036'31 It East 1001.26 feet (formerly North) along said West line, to a point on
the centerline of Dry Creek Canal; thence
South 44003'04" East 71.13 feet along said centerline. to a point 50.00 feet East of said
West line, measured at right angles and being the TRUE POINT OF BEGINNING;
thence along said centerline the following courses and distances.
South 42045'49" East 87.07 feet;
South 47033'28" East 88.61 feet;
South 45024'24" East 121.35 feet; thence leaving said centerline
North 89048'42" West 213.13 feet to a point 50.00 East of the West line of said East half
of the Southeast Quarter; thence
North 00036'31" East 208.22 feet parallel with said West line to the TRUE POINT OF
BEGINNING.
PARCEL II
Being a portion of the East half of the Southeast Quarter of Section 15. Township 4
. .
Commencing at the Southeast comer of the Southeast Quarter of Section 15, Township 4
North. Range 1 East. Boise Meridian; thence
North 00036'08" East (formerly North). 620.40 feet along the East line of said Southeast
Quarter, thence
North 89048'42" West 1325.94 feet (formerly West 1321.98 feet), to a point on the West
line of said East half of the Southeast Quarter; thence
North 00036'31" East 1729.03 feet (formerly North 1751.64 feet). along said West Hne, to
a point on the Southwesterly right of way line of State Highway 44 and the TRUE
POINT OF BEGINNING; thence
South 64029'06" East 55.13 feet along said right of way; thence
South 00036'31" West 755.15 feet parallel with and 50.00 feet East of said West line. to a
point on the centerline of Dry Creek Canal; thence
North 44003'04" West 71.13 feet along said centerline, to a point on the West line of said
E~thalfoftheSouth~tQuarter;ilience
North 00036'3111 East 727.77 feet along said West line. to the TRUE POINT OF
BEGINNING.
-~.._........_.... ...- -. ..----.
PARCEL III
Being a portion of the East half of the Southeast Quarter of Section IS, Township 4
North, Range 1 East, Boise Meridian, Ada County, Idaho described as follows:
Commencing at the Southeast comer of the Southeast Quarter of Section 15, Township 4
North, Range:! East, Boise Meridian; thence
North 00036'08" East (formerly North) 620.40 feet along the East line of said Southeast
Quarter; thence
North 89048'42" West 1325.94 feet (formerly West 1321.98 feet), to a point on the West
line of said East half af the Southeast Quarter; thence
North 00036'3111 East 1729.03 feet (formerly North 1751.64 feet), along said West line, to
a point on the So~~hWestcdy rightofway line of State Highway 44; thence
South 64029'06" East 3.68.94 feet along said right of way; thence
South 00043'17" West 829.14 feet to the TRUE POINT OF BEGINNING; thence
continuing .
South, 00043'17" West 39.94 feet to a point on the centerline of Dry Creek Canal; thence
South 89048'06" West 28.53 feet along said centerline; thence
North 45024'24" West 57.35 feet continuing along said centerline; thence
South 89048'42" East 69.87 feet to the TRUE POINT OF BEGINNING.
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TfU> I.ANP (a~oO". Il';C.
A\lgtlst30. 2006
Pt9j~ctNo, 06258
St. Litke's ERgle
A(:,c~t\1J. E~seUlent
· 833 Sq,FC!et
Exhibit (CC"
i\. tr~~tolla.(l~situated in a portion of the NQtth~ast One 'Qulu:ter of dle.S,()uthca~t One
QUAtter orScctiOi115. Township 4 North, Range 1 Ellst, UoiseMetidian, City of Eagle, Adll
COUll!:)!, .Idaho, dc!,ctibedasfollows: .
C()I.mll~mcingRt a founclbrass capll'l,onumenting the East OIW Quatt~r Corner oCsaid
Section 15, thence fonowing dIe eastetly line of the SoutMast One QmtUer of sAid Section
15,$~"th OOl>.36'l.1u West ."'. distance of 920.47 feet to l:\ found 518~iileb steel pin on the
lioutlietly tight-or-way of Highway 44, said pin bears North 00036'11 " East A distancc of
40Unfronl all RhlllUt,ll11l1 cap monlllnent1ng the SO}ldl 1/16corncc OfsRid Section 15 and
SetUdl'i 14)Town~Wp 4 North, RRnge tEast;
ThepceJeavingsatd easterly line Imd following the southerly Une of the ~ld sOllthedy rlght-
of-wgyjNord164~9)07" West n wstance of 1 ,092.57 feet tb a found 1/2-1nch steel pin.
Thence lel\.vlng s"ld southerly rjght~of-\VRY linc, South 00043'3,5') West I\clil!tance of t11.24
feet lothe POINT OF BEGINNING. .
Thence Soud'l 64029'07" East a distance of 40.26 .feet to a point.l
fl'.c!n<!! ~ont1t %~. 30t5S' '" ~st II dl~r~nte O(24,0~tfet to .R ~GJ11t~
Thence Notth 64029'07'~ West n distance of29.17 feet to a l)omt;
Thence North 00043'35" East R distance of 26.44 feet to tbe POIN'r OF
BEGINNING.
THB LAND GROUP, INC.
462E. Shpre Drive, Suite 100
Eagle, Idaho 83616
208-939.:4041
~08.939-4445 (FAX)
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FOUND BRASS eN'
E 1/4 CORNER
sEcnON 10
CP&F' No. 9284867
. POINLOF'
COMMENCEMENT
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FOUND ALUMINUM CAP I
SOUlli , 16 CORNER . .
cP&F N.:'loM02Be$~..
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1".100'
Exhibit "C_1"
Access Easement
81. Lukes - Eagle
~~,guaI30. 200~
08268
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