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Easement - 2007 - City of Eagle - St Lukes Regional Medical Center / Access - 6/11/2007ADA COUNTY RECORDER J. DAVID rh.iRo AMOUNT 46,00 16 BOISE IDAHO 06114/07 12:41 PIN DEPUTY Nikola0lsan RECORDED — REQUEST OF I 1 Land Group 1870851111 I RECORDED AT TEM REQUEST OF: RECEIVED & FILED ST. LUKE'S REGIONAL MEDICAL CENTER, LTD. CITY OF EAGLE AFTER RECORDING RETURN TO: Quentin M. Knipe JUN 2 12007 STOEL RIVES LLP 101 S. Capitol Blvd., Suite 1900 File: 55_�[� Boise, Idaho 83702 Route to: EASEMENT AGREEMENT Jurue, This EASEMENT AGREEMENT (this "Agreement ") is dated as of May _LL 2007, and is made by ST. LUKE'S REGIONAL MEDICAL CENTER, LTD., an Idaho nonprofit corporation ( "SLRMC'D for the benefit of ALI LLC, an Idaho limited liability company (collectively "ALI "), whose address is 600 Robbins Road, Suite 100, Boise, ID 83701, at the behest of the CITY OF EAGLE, an Idaho municipal corporation ( "Eagle "). Background 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 "SLRMC Parcel "). B. ALI 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 ALI 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 l of 6 Boiso-199I71.9 0041061.00003 1. Definitions. For purposes hereof (a) The term "Parcel" shall mean either the SLRMC Parcel or the ALI Parcel and any future subdivisions of either the SLRMC Parcel or the ALI 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 "ALI" shall include any and all successors or assigns of ALI as the owner or owners of fee simple title to all or any portion of the ALI Parcel whether by sale, assignment, inheritance, operation of law, foreclosure, or otherwise, but not including the holder of any lien or encumbrance on the ALI 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 ALI 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 parldng while patronizing a business or businesses on the ALI 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 Eppement. SLRMC hereby grants to ALI a non - exclusive easement over and across the SLRMC Easement Area for the Permitted Use only. The Permittees of the ALI 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 ALI and SLRMC or as otherwise provided herein. 4. Improvement and Maintenance of Easement . If ALI 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 Saiso-19E 171.9 0041461 -46003 promptly improve and maintain the SLRMC Easement Area as reasonably appropriate to facilitate the Permitted Use. ALI shall have no right to improve or maintain the SLRMC Easement Area. S. Use of Easements. The easement granted herein shall be used and enjoyed _by ALI 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. ALI shall (and SLRMC may) take steps to ensure the SLRMC Easement Area is not used by ALI or its Permittees for other than the Permitted Use. 6. Indemnification. The foregoing grant of easement is conditioned up ALI 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 ALI or its Permittees of the SLRMC Easement Area for other than the Permitted Use. If ALI uses or allows its Permittees to use the SLRMC Easement Area, ALI 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 Agreement: Waiver. Except as expressly provided herein, neither this Agreement nor any provision hereof: may be modified or amended except with Ohm— 4AMWEESH GORS814 of the Gity 0; B405 91-R-M-C and 411 and Me madifioation 0; amendment shall be effective until it has been signed by the City of Eagle, SLRMC and ALI. 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. &medies and Enforcement. In the event of a breach or threatened breach by ALI or its Permittees of any of the terms, covenants, restrictions or conditions hereo& 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 - Pagc 3 of 6 Boise-193171.9 0041081.00003 9. No Rights 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 ALI Parcel until ALI uses the SLRMC Easement Area or allows its Penmittees 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 ALI Parcel. Notwithstanding the foregoing, if any owner of the SLRMC Parcel or of the ALI 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 12. 5everability 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. ALI has no authority or power to cause or permit any lien or encumbrance of any kind whatsoever, whether created by ALI, operation of Iaw 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 ALI shall attach to ALI interest only. ALI shall not cause or enable any mechanics or materiahnen 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 Hotse- 198171.9 004108140003 14. headings. 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. Governing Law, The laws of the State of Idaho shall govern the interpretation, validity, performance, and enforcement of this Agreement. 16. Attome s' Fees. In the event the City of Eagle, SLRMC or ALI 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 ALI and the City of Eagle, without the necessity of joinder, approval or consent of ALI, 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, ALI has the opportunity to cure such breach within the thirty day notice period: (a) SLRMC and Eagle agree that this Agreement should be terminated. (b) le the Down-Roes of the P—Me-Al ON-of "as the S16M4G BROOMM4 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 ALI Parcel during five (5) consecutive days such business is open for business, as documented by a reputable tragic engineer agreed to by both Eagle and SLRMC. (c) If ALI 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 ALI execute a recordable document before a notary public evidencing ALI'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 ALI fails to do so within fifteen (15) days. EASEMENT AGREEMENT - Page 5 of 6 Boise - ] 99171.9 0041081 -00003 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 nqn -profit corporation M Title: STATE OF IDAHO ) ) ss. COUNTY OF ADA ) On this —LL day of JUAL., , 2007, before me, the undersigned, a Notary � Public in and for said State, personally appeared �U.4 J,. 9(.t OJT , 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: Y C4 4b 4 = t%OTA*k UBl.1G •... OF 00 EASEMENT AGR7!LMNT - Page 6 of 6 Boise- 198171.9 0441081.00003 Notary Public in and A the State of Idaho Residing at &l.ZL , Idaho EXHIBIT A Legal Description of Property PARCEL I: 0 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: Commencing at a 5/811 rebar marking the Southeast corner of the Northeast Quarter of said Southeast Quarter of Section 15; Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho) thence North 8914610111 Nest 634.70 feet (formerly described as Nest, 9.60 chains) along the South line of said Northeast Quarter of the - Southeast Quarter to a point) thence leaving said-South line North 00 036108" East 27.65 feet (formerly described as North 0.28 chains) to a 1 /2n rebar marked "pls 4108 ") thence Continuing North 00 °361090 East 134.78 feet ( formerly described as North 134.78 feet) to the REAL POINT OF BEGINNMG; thence continuing North 00 036108" East 538.21 feet ( formarly described as North 580 feet) to a 1/2^ rebar marking the intersection with the Southerly right of way of State Highway 44 (East State Street) 1. thence North 641129'06" Nast 165:39 feet (formerly described as North 64 000' Pest) along said Southerly right of gays thence leaving said Southerly right of way South 0003610811 Went •607.88 feet (formerly described as South) ) thence South 89 023152" East 150.00 feet (formerly described as East 150 PARCEL: IZ : 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: Ccnmeacing at a S /B" rebar marking the Southeast corner of the Northeast Quarter of said Southeast Quarter of Section 15, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho) thence North 89 046101" West 634.70 feet (formerly described as Went 9.60 chains) along the South line of said Northeast Quarter of the Southeast Quarter to a point) thence leaving said South line continued 3 310435/MLC Your No. WINCO FOODS SCHEDULE A CONTINUED North 00036'081, East 27.65 feet (formerly described as North 0.28 chains) to a 1 /29 rebar marked "pls 410811, also being the RSAL POINT OF BEGINNINGS; thence continuing North 00036FOSIl East 134.78 feet (formerly described as North 134.78 feet) thence North 89 023152" West 150.00 fast (foxmarly described an West 150 feet); thence North 00036FOB" East 607.88 feet (formerly described as North) to the interseotion with the southerly right of way of $tats Highway 44 (East State Street); thence North 64 029,06" West 227.60 feet (formerly described as North 64 °00" West) along said Southerly right of way to a 1/2" rebar marked "pla 4108 "; thence leaving said !Southerly right of way South 00 043117" West 834.46 feet (formerly described as south 13.40 chains) to a 1/2" rebar marked "plus 4108 "; thence North. 84 °11'08" East 128.70 feet (formerly described an North 83 °35! East 1.95 chains) to a 1/2" rebar marked "ple 4108"; thence Mouth 84 048'52" East 231.00 feet (formerly described as South 850'25' East 3.50 chains) to the REAL POINT OF BEGINNING. PARCEL IIr: A tract of land situated in a portion of the Southeast one quarter of the Southeast one quarter of Section 15, Townahip 4 North, Range I Mast, Boise Meridian, Ada County, Idaho, further described as Beginning at the Southeast corner of Southeast Quarter, the REAL POINT North 89046,01" West 634.70 feet to North 00 636'03" East 27.65 feet to i North 00 036108'" East 672.99 Peet to South 64 029106" East 699.80 feet to South 00 036106" West 401.77 feat to the Northeast Quarter of said OF BEGINNING; thence a paint; thence .point; thence a pointp thence a points thence the REAL POINT OF BEGINNING. continued S a Y 310435/MLC Your No. WINCO FOODS SCHEDULE A CONTINUED PARCELS IV A portion of Lot 1 in Block 1 of LAMMAND ESTATES SUBDIVISION, 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 15, Township 4 North, Range l 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 of 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 I and the Easterly extension thereof, North 89 °45155" West a distance of 634.63 feet'to a found 5/8 inch iron rod; thence along the Northerly line of said Lot 1, North 00 047,08" Easi a distance of 27.63 feet to a found 5/8 inch iron rod; said point being the POINT OF BEGINNING; thence continuing along the Northerly line of said Lot 1, North 84 °5010411 West a distance of 230.99 feet to a set 5/8 inch iron rod; thence South 84012,050, West a distance of 128.74 feet to a set 5/8 inch iron rod; thence South 00 042158° West a distance of 27.02 Peet to a set 5/8 inch iron rod; thence departing said Northerly line North 86 055.46" East a distance of 358.98 feet to the POINT OF BEGINNING. PARCEL V: A portion of Lot 1 in Block I of LAR'ELAND ESTATES SUBDIVISION, 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 15, Township 4 North, Range 1 East, Boise Meridian, City of Eagle, Ada County, Idaho, further described as follows: Commencing at an aluminum cap located 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 lime of said Lot 1; thence along the Northerly line of said Lot l and the Easterly extension thereof, continued m 310435/MLC Your No. WINCO FOODS SCHEDULE A CONTINUED North 89045,5511 West a distance of 41.00 feet to a met 5/8 inch iron rod, said point being the POINT OF BEGINNING; thence continuing along the North line of said Lot 1 North 89 °45155" West a distance of 221.61 feet to a set 5/8 inch iron rod; thence departing said.Northerly line South 70025002" Bast a distance of 102.80 feet to a set 5/8 inch iron rod; thence South 78056119° East a distance of 120.53 feet to a set 5/8 inch iron rod; thence North 06 1130107" East a distance of 57.04 feet to the POINT OF BEGINNING. Address: 3031 E. STATE STREET, EAGLE, IDAHO 83616 - PARCEL I, II & III 0000 E. LAKELAND LANE, EAGLE, IDAHO 8361.6 - PARCEL IV & V MLC /kc 6 0 s e �7 7 r e 1 R, G F e EXHIBIT B "AU PARCEL"' PARCEL I A tract of land situate in a portion of the East half of the Southeast Quarter of Section 15, Township 4 North, Range 1 East, 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 i East, marked by a found brass cap monument; thence North 00 °36'08" East (formerly North), 620.40 feet along the East Iine of the Southeast Quarter'of Section 15 to a set 112" iron pin P.L.S. 4108; thence North 89 °48'42" 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 1/2" iron pin P.L.S. 4108; thence North 00 °36'31" 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 I/2" 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 I /2" iron pin P.L.S. 4108 and the REAL POINT OF BEGINNING; thence continuing along said right of way line South 64 029'06" East 313.81 feet to a set 112" iron pin P.L.S. 4108; thence South 00 °43'17" West 829.14 feet to a set iron pin P.L.S. 4108; thence North 89 048'42" West 283.00 feet to a set 1/2" iron pin P.L.S. 4108; thence North 00°36'31" East 963.37 feet 50 feet East of and parallel with the West line of the East half of the Southeast Quarter to the POINT OF BEGINNING. i. 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 I East, Boise Meridian; thence North 00 °36'08" East (formerly North) 620.40 feet along the East line of said Southeast Quarter; thence North 89 °48'42" West 1325.94 feet (formerly West 1321.98 feet), to a point on the West Me of said East half of the Southeast Quarter; thence North 00 036'31" East 1001.26 feet (formerly North) along said West line, to a point on the centerline of Dry Creek Canal; thence South 44 °03'04" 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 42 °45'49" East 87.07 feet; South 47 03328" East 88.61 feet; South 45°24'24" East 121.35 feet; thence leaving said centerline North 89 048'42" Wcst 213.13 feet to a point 50.00 East of the West line of said East half of the Southeast Quarter; thence North 00 °36'31" East 208.22 feet parallel with said West line to the TRUE POINT OF BEGINNING. PARCELII 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 00 136'08" East (formerly North), 620.40 feet along the East line of said Southeast Quarter, thence North 89 048'42" 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 00 °36'31" East 1729.03 feet (formerly North 1751.64 feet), along said West fine, 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 00 °3631" 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 44 003'04" West 71.13 feet along said centerline, to a point on the West line of said East half of the Southeast Quarter; thence North 00 °36'31" East 727.77 feet along said West line, to the TRUE POINT OF BEGINNING. PARCELIR 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 corner of the Southeast Quarter of Section 15, Township 4 North, Range 1 East, Boise Meridian; thence North 00 °3.6'08" East (formerly North) 620.40 feet along the East line of said Southeast Quarter; thence North 89 048142" West 1325.94 feet (formerly West 1321.98 feet), to a point on the West line of said But half of the Southeast Quarter; thence North 00 °36'31" East 1729.03 feet (formerly North I751.64 feet), along said West line, to a point on the Southwesterly, right of way line of State Highway 44; thence South 64 029'06" East 368.94 feet along said right of way; thence South 00043'17' West 829.14 feet to the TRUE POINT OF BEGINNING; thence continuing South, 00 043'17" West 39.94 feet to a point on the centerline of Dry Creek Canal; thence South 89 °48'06" West 28.53 feet along said centerline; thence North 45°2424" West 57.35 feet continuing along said centerline; thence South 89 °48'42" East 69.87 feet to the TRUE POINT OF BEGINNING. { 1 a THE LANG GROUP, INC. tlugttst 30,.2006 Pmject No. 06955 St. Luke's Eagle Aecgsg Easement 833 Sgxleet Exhibit HC" A trRpt,of land situated in a portion of die Northeast Onc Quarter of the-Southeast One {wa of fter 8wim, IS, To*nsliip 4 North, Range' 1 Ekst, Boise Meridian, City of Eagle, Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the East One Quarter Corner of said Section 16; 3hence following the easterly line of the South; Rst Oat Quarter of said Section 15; _Sa}tth 00036111" W.ast ;' distance of 920.47 feat to a found - 5 /8 -ihcc steal pits on the goatfibrly light -of -way of Highway 44, said pin bears North 00 °36'11" Bast a disLance of 40.1.$1 E,Lom an alutlinunj cap monumenting the South 1/1'6 corner of said Section 15 and Scctiod t4,Township 4 North, Range 1 East; Tltance,lcaving said easterly Une and following the southerly fine of the said southerly dght- of- wsty,' North, 64 129'07" West a distance of 1,092.57 feet tb a found 1/2 lich steel pin; Them lckving a4ld southerly right -of -way line, South 00 °4315" West a.distance of 111.24 feet to the POINT OF BEGINNING. Thence South 64 929'07" East a distance of 40.26 feet to a point, , 17hence North 64 °29'07" West a distance of 29.17 feet to a 15oint, Thence North 00 °43'5" East it distance of 26.44 feet to the POINT OF BEGINNING. The shove- described legal contains 833 square feet, more of less, subject to all existing ea$ements and rights- of -ti%ty. t Prepared By: dam.mod THE LAND GROUPP INC. 462 E, Shore Drive, suite 100 F—A* Idaho 83696 208 -939 -4041 208- 939 -4445 {FA1O 8 V 11575 a 08 -b 6 N.Vaing s 1 r+u.frr-y+:: 11rhir .m. se :.'1 .r".9i i::,,f, lrrit,V;U aa'x (i.'U`Nmirt •fw: 462E. Flow Itiil +s:. die. 101. I...IVh', JL1.JIIk ti (11(I u I' 20S.934-41141 1` ? P)310. 44i . „�vw.Iti. trnslElruu�inr.rvm 1 {I:*1141 6 u..• I _fh �tii'd. ,4.±�� .1;r -.41 .W' ,1,« R FOUND BI E 1/ SI QP&F No. GUMMFJVGGMGtV 1 1 I� �q� I r I ; I . � � I 11675 FOUND ALIUMINUM CAP I SOUTH 4/18 CORNER I . CP&F No. 103202686 or $ n18-d-Q� 1 Vaiw /�i� TIM LAND GROUP, INC. .., ry � u u Exhibit T -1 Access Easement St. Lukes - Eagle A!qud 36, 2006 06256 1 of 1