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Home My Public Portal About2021.05.27 Access Easement - Zerfoss LLCAfter Recording Return To: EASEMENT AGREEMENT Instrument # 443983 VALLEY COUNTY, CASCADE, IDAHO 09-08-2021 08:31:12 No. of Pages: 9 Recorded for: CITY OF MCCALL DOUGLAS A. MILLER Fee: $0.00 Ex-Officio Recorder Deputy: KM Electronically Recorded by Simplifile This EASEMENT AGREEMENT shall be effective the 27th day of May, 2021, by and between the CITY OF MCCALL, IDAHO, 216 E. Park Street, McCall, Idaho 83638 ("Grantor") and ZERFOSS LLC, 21527 E. Geddes Place, Aurora, Colorado, 80016 ("Grantee"). RECITALS A. Grantee owns certain real property situated in the City of McCall, Valley County, Idaho, more particularly described in Exhibit A hereto (the "Benefited Property"). B. The Benefited Property is adjacent to Davis Avenue but Grantee has agreed to forego vehicular access from Davis Avenue in exchange for access across the Grantor's property. C. Grantor owns real property situated in the City of McCall, Valley County, Idaho, more particularly described in Exhibit B hereto, (the "Burdened Property"). D. Grantor desires to grant to Grantee, and Grantee desires to accept, a revocable, non- exclusive easement in, to, over, upon, across, and through the Burdened Property specifically described as the "Parcel C and D Access Easement" for ingress and egress to the Benefited Property; the Burdened Property and the Parcel C and D Access Easement are the same real property and are described on Exhibit B hereto. EASEMENT AGREEMENT - 1 E. Grantor and Grantee each desire to enter into an agreement concerning their mutual rights and obligations regarding the Easement Agreement. Agreement NOW, THEREFORE, in consideration of the recitals above, which are incorporated below, and good and valuable consideration as hereinafter more particularly set forth, the receipt and sufficiency of which hereby is acknowledged, Grantor, by giving this Easement, and Grantee, by recording this Easement and/or exercising the rights granted herein, agree as follows: 1. Grant of Easement. Grantor hereby grants to Grantee, their heirs, successors and assigns, forever a revocable, non-exclusive easement of approximately 5,227 square feet in area in, to, over, upon, across, and through the Burdened Property as particularly described on Exhibit B and as depicted on Exhibit C hereto (the "Parcel C and D Access Easement"), only for ingress and egress to the Burdened Property, together with the right to maintain and repair the Parcel C and D Access Easement and the right to occupy such width of the land along the boundaries of the Access Easement Inst. #410882 and Access Easement Inst. #418104 as necessary to properly do the work of maintaining and repairing the Access Easement Inst. #410882 and Access Easement Inst. #418104 with personnel and with such equipment as is commonly used, or is reasonably adapted, to that work. The Parcel C and D Access Easement herein granted includes the right to deposit along the boundaries of the Parcel C and D Access Easement snow, debris, and other matter necessarily required to be taken from the Parcel C and D Access Easement to clean and maintain it, provided no greater width of land along the boundaries of the Parcel C and D Access Easement than is reasonably necessary for such deposits shall be occupied by the removed snow, debris or other matter and further provided that Grantee shall not deposit snow removed from the Parcel C and D Access Easement on adjacent City -owned property. Grantor, for itself, its successors and EASEMENT AGREEMENT - 2 assigns reserves unto Grantor and the public the right to use the Parcel C and D Access Easement Premises for access to, use, and maintenance of associated Grantor -owned property so long as such use does not interfere with the Grantee' s use of the Parcel C and D Access Easement granted hereby. 2. Consideration. Grantor and Grantee agree that part of the consideration for this Easement Agreement is Grantee's relinquishment of any right of vehicular access for the Benefited Property onto Davis Avenue. 3. Parking or Storage. The Parcel C and D Access Easement shall not be used by Grantee for overflow parking of vehicles or for the storage of recreational equipment and/or recreational vehicles, or any use other than ingress and egress. 4. Access to Lots. Grantee's access to Parcels C and D shall be by an access -driveway on the eastern property line of each lot. Such access -driveways shall be a maximum of twenty-four feet (24') in width and shall be defined with rail fencing or landscaping so as to clearly identify the access -driveway and prohibit access to either parcel by any means other than the access - driveway for that parcel. 5. Reservation. Notwithstanding anything contained herein to the contrary, after not less than thirty (30) days written notice to Grantee and erection of signage to that effect, Grantor reserves the right to convert the Parcel C and D Access Easement to one-way traffic. 6. Maintenance Costs. Grantee agrees for themselves, their heirs, successors and assigns to bear all cost and expenses for labor and materials incurred for any necessary maintenance and repairs to the Parcel C and D Access Easement as may be required from time to time. EASEMENT AGREEMENT - 3 7. Run with the Land. All provisions of this Parcel C and D Access Easement, including the benefits and burdens and the agreement as to payment of a share of costs and expenses for Parcel C and D Access Easement maintenance and repair, shall run with the land and shall benefit and bind the heirs, successors and assigns of Grantor and Grantee. 8. Structures on Easement. Grantor may install permanent structures, including underground pipelines, or underground or overhead utilities, underneath or over the surface of the easement parcel, provided such structures do not interfere with the surface access rights of Grantee of the Parcel C and D Access Easement. 9. Landscaping. No trees or shrubbery may be planted on the Parcel C and D Access Easement. 10. Remedies. The parties hereto, their heirs, successors and assigns shall have all rights and remedies provided at law or in equity to enforce their rights hereunder. In the event of any action or proceeding by either party hereto against the other, in any way arising out of this Easement Agreement, or attempting to enforce any right herein granted, the losing party shall pay the prevailing party's reasonable attorney fees and costs. 11. Recitals. The above recitals are hereby incorporated into and made a part of this Easement Agreement. IN WITNESS WHEREOF, the Grantor and Grantees have executed this Easement Agreement effective as of the day and year first above written. GRANTOR: CITY OF MCCALL, IDAHO By; EASEMENT AGREEMENT - 4 GRANTEE: ZERFOSS LLC By: STATE OF IDAHO ) :ss County of Valley ) On this I day of , 2021, before me, the undersigned, a notary Public in and for said State of Idaho, personally appeared Ro otits , the V, n-r of the CITY OF MCCALL, IDAHO, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that (s)he executed the same on behalf of the City of McCall, Idaho and was so authorized to do so. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Publiglor Idaho 1 My Commission Expires: %/9 / / / STATE OF On County of :ss oth0e, ) �i •f'h On this 1b day of t , 2021, before me, the undersigned, a Notary Public in and for said State of _ tt14.00 , personally appeared -3e5�, zair b , known or identified to me to be the persons whose name is subscribed to he within instrument, and acknowledged to me that (s)he executed the same on behalf of Zerfoss LLC and was authorized to do so. BESSIEJO WAGNER COMM NO. 52467 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES: JULY 24, 2024 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for �' 0tche(A,G,b My Commission Expires: O3 • 72,\ .2.4 ELENE ROCIO SALINAS-IBARA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20204012243 MY COMMISSION EXPIRES 03/31/2024 ja/W.\.Work \M\McCall, City of 21684\Zerfoss LLC Easement\2021.08.17 Easement Agreement CLEAN.docx EASEMENT AGREEMENT - 5 EXHIBIT A SECESH ENGINEERING, INC. 335 Deinhard Lane, Suite 1 P.O. Box 70 McCall, ID 83638 208-634-6336 • FAX 208-634-6322 LEGAL DESCRIPTION PARCEL C A parcel of land, a portion of the northeast 1/4 of the northeast 1/4 of Section 9, T.18N., R.3 E., B.M., City of McCall, Valley County, Idaho, more particularly described as; COMMENCING at the E 1/16 corner common to said Section 9 and Section 4, as shown on Record of Survey, filed in Book 13 at Page 131 of Surveys, Records of Valley County, Idaho; thence, along the west line of said NE 1/4 NE 1/4, A.) S.0°07'28"W., 250.94 feet; thence, departing said 1/4 section line, B.) S.89°51'55"E., 25.00 feet to a point on the east Right -of -Way line for Davis Avenue; thence, along said Right -of -Way, C.) S.0°07'28"W., 50.10 feet to the POINT OF BEGINNING; thence, departing said Right -of -Way, 1.) S.89°51'55"E., 99.98 feet; thence, 2.) S.0°07'28"W., 57.48 feet; thence, 3.) N.89°51'55"W., 99.98 feet to a point on the east Right -of -Way line for Davis Avenue; thence, along said Right -of -Way, 4.) N.0°07'28"E., 57.48 feet to the POINT OF BEGINNING. CONTAINING 0.13 Acres, more or less. EXHIBIT A SECESH ENGINEERING, INC. 335 Deinhard Lane, Suite 1 P.O. Box 70 McCall, ID 83638 208-634-6336 • FAX 208-634-6322 LEGAL DESCRIPTION PARCEL D A parcel of land, a portion of the northeast 1/4 of the northeast 1/4 of Section 9, T.18N . , R.3 E., B.M., City of McCall, Valley County, Idaho, more particularly described as; COMMENCING at the E 1/16 corner conunon to said Section 9 and Section 4, as shown on Record of Survey, filed in Book 13 at Page 131 of Surveys, Records of Valley County, Idaho; thence, along the west line of said NE 1/4 NE 1/4, A.) S.0°07'28"W., 250.94 feet; thence, departing said 1/4 section line, B.) S.89°51'55"E., 25.00 feet to a point on the east Right -of -Way line for Davis Avenue; thence, along said Right -of -Way, C.) S.0°07'28"W., 107.58 feet to the POINT OF BEGINNING; thence, departing said Right -of -Way, 1.) S.89°51'55"E., 99.98 feet; thence, 2.) S.0°07'28"W., 57.47 feet; thence, 3.) N.89°47'26"W., 99.98 feet to a point on the east Right -of -Way line for Davis Avenue; thence, along said Right -of -Way, 4.) N.0°07'28"E., 57.34 feet to the POINT OF BEGINNING. CONTAINING 0.13 Acres, more or less. 720 Fairway Dr Legal description: McCall Acreage Tax No. 1 less Tax No. 1-A, 1-B, and 1-C in NE1/4 NE1/4, Section 9, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho Valley County Assessor has it as: MCCALL ACREAGE E'LY PT AMDTAX NO. 1 IN NE4 NE4 S9 T18N R3E EXHIBIT C SECESH ENGINEERING, INC. 335 Deinhard Lane, Suite 1 P.O. Box 70 McCall, ID 83638 208-634-6336 • FAX 208-634-6322 LEGAL DESCRIPTION ACCESS EASEMENT A parcel of land, a portion of the northeast 1/4 of the northeast 1/4 of Section 9, T.18N., R.3 E., B.M., City of McCall, Valley County, Idaho, more particularly described as; COMMENCING at the E 1/16 corner common to said Section 9 and Section 4, as shown on Record of Survey, filed in Book 13 at Page 131 of Surveys, Records of Valley County, Idaho; thence, along the west line of said NE 1/4 NE 1/4, A.) S.0°07'28"W., 435.83 feet; thence, departing said 1/4 section line, B.) S.89°51'55"E., 25.00 feet to a point on the east Right -of -Way line for Davis Avenue, the POINT OF BEGINNING; thence, 1.) S.89°47'26"E., 99.98 feet; thence, 2.) N.0°07'28"E., 145.05 feet; thence, 3.) S.89°51'55"E., 20.00 feet; thence, 4.) S.0°07'28"W., 165.08 feet; thence, 5.) N.89°47'26"W., 119.98 feet to a point on the east Right -of -Way line for Davis Avenue; thence, along said Right -of -Way, 6.) N.0°07'28"E., 20.00 feet to the POINT OF BEGINNING. CONTAINING 0.12 Acres, more or less.