HomeMy Public PortalAbout2013.05.23 Easement Agreement for Shared Access, Cross-use Access Bruneel and AiriesInstrument # 378465
VALLEY COUNTY, CASCADE, IDAHO
0-26-2013 0/:00:26 No. of Pages: 12
Recorded for : CITY OF MCCALL
ARCHIE N. BANBURY : 0
Ex-0Mcio Recorder
Index to: EASEMENT
EASEMENT AGREEMENT FOR
SHARED, CROSS -USE ACCESS
THIS EASEMENT AGREEMENT FO� SHARED, CROSS -USE ACCESS
("Agreement") is made and entered into this 23 day of M/'Y , Z013 ,
between BRUNEEL TIRE OF BOISE, INC., hereinafter collectively called "Brunel" and
ARIES HOLDINGS LLC, hereinafter called "Aries."
RECITALS:
WHEREAS, Bruneel owns that business known as Brunel Tire situated on the real
property described on Exhibit A attached hereto and, by this reference, incorporated herein as if
set forth in full; and
WHEREAS, Aries owns the real property generally known as McCall Manor and
described on Exhibit B attached hereto and, by this reference, incorporated herein as if set forth
in full; and
WHEREAS, the real properties described in Exhibits A & B are contiguous as shown on
Exhibit C attached hereto and, by this reference, incorporated herein as if set forth in full; and
WHEREAS, a private, existing driveway runs through both properties intersecting 3`d
Street as more particularly shown on Exhibit C attached hereto; and
WHEREAS, the parties desires to grant to each other a perpetual, easement for a portion
of the existing driveway, in, to, over, upon, across and through the respective properties (the
"Easements") and such other access as may be reasonable for their respective maintenance and
repair of the Easements; and
WHEREAS, each party desires to enter into an agreement concerning their mutual rights
and obligations for maintenance and repair of the Easements.
NOW, THEREFORE, in consideration of the recitals above, which are incorporated
below, and good and valuable consideration, the receipt and sufficiency of which hereby is
acknowledged, each party, in giving and recording this Easement and exercising the rights
granted herein, agree as follows:
1. Grant of Easement from Bruneel to Aries. Bruneel hereby grants to Aries, its
successors and assigns, forever, a perpetual Easement, sometimes known as "Easement 3," in,
to, over, upon, across and through the Exhibit A Property in the location of the existing driveway
as more particularly described on Exhibit D attached hereto, for access, ingress and egress to the
existing driveway, together with the right to enter the Exhibit A property for the purposes of
maintaining and repairing Easement 3 and the right to occupy such width of the land along the
boundaries of Easement 3 as is necessary to properly do the work of maintaining and repairing
Easement 3 with personnel and with such equipment as is commonly used, or is reasonably
EASEMENT AGREEMENT FOR SHARED,
CROSS -USE ACCESS - 1
adapted, to that work. Bruneel, for themselves, their heirs, successors and assigns, reserves the
right to use Easement 3 for any purpose not inconsistent with Aries' use thereof and for
Bruneel's obligations of maintenance and repair of Easement 3.
2. Grant of Easement from Aries to Bruneel. Aries hereby grants to Bruneel,
their heirs, successors and assigns, forever, a perpetual Easement, sometimes known as
"Easement 2," in, to, over, upon, across and through the Exhibit B property in the location of the
existing driveway as more particularly described on Exhibit E attached hereto, for access,
ingress and egress to the existing driveway, together with the right to enter the Exhibit B
property for the purposes of maintaining and repairing Easement 2 and the right to occupy such
width of the land along the boundaries of Easement 2 as is necessary to properly do the work of
maintaining and repairing Easement 2 with personnel and with such equipment as is commonly
used, or is reasonably adapted, to that work. Aries, for itself, its successors and assigns, reserves
the right to use Easement 2 for any purpose not inconsistent with Bruneel's use thereof and for
Aries' obligations of maintenance and repair of Easement 2.
3. Maintenance, Repair; Costs and Expenses. Bruneel will bear all costs and
expenses of labor and materials incurred for any necessary maintenance and repairs to
Easement 3 as may be required from time to time. Aries will bear all costs and expenses of labor
and materials incurred for any necessary maintenance and repairs to Easement 2 as may be
required from time to time.
4. Shared Access. Each party hereby grants to the other party, and to their
respective heirs, successors in interest, assigns, customers, employees, and all other persons
going to and from the real properties described in Exhibits A & B the right to use the driveway
for purposes of ingress and egress to the Exhibits A & B properties.
5. Run with the Land. All provisions of both Easements, including the benefits
and burdens and the agreement as to payment of costs and expenses for maintenance and repair,
shall run with the land and shall benefit and bind the heirs, successors and assigns of Bruneel and
Aries.
6. No Liens; Title Insurance. Each party warrants and represents that they can
convey their respective easement to the other party in fee simple, free and clear of
encumbrances, and subject only to taxes, assessments, easements, and restrictions as appear of
record. Each party shall provide the other with a title insurance policy insuring title in the party
receiving the easement for the full amount of the consideration for the easement.
7. 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
Agreement, or attempting to enforce any right herein granted, the losing party shall pay the
prevailing party's reasonable attorney fees and costs.
8. Perpetual. This Agreement shall be recorded with the Valley County Recorder
against the properties described on Exhibits A & B. The rights, privileges, and easements
EASEMENT AGREEMENT FOR SHARED,
CROSS -USE ACCESS - 2
granted hereunder shall continue perpetually and shall run with the real properties herein
described.
9. Entire Agreement. This is the entire agreement of the parties with respect to the
subject matter hereof and supersedes all prior agreements between them, written or oral. This
Agreement may be modified only in writing signed by the parties.
10. Binding Effect. This Agreement shall be binding upon the heirs, legal
representatives, successors and assigns of the parties hereto (specifically including successor
owners of the properties identified herein), and the rights developed pursuant to this Agreement
are intended to be appurtenant to the respective properties.
11. Attorney's Fees. In the event of any controversy, claim or action being filed or
instituted between the parties to this Agreement to enforce the terms and conditions of this
Agreement or arising from the breach of any provision hereof, the prevailing party will be
entitled to receive from the other party all costs, damages, and expenses, including reasonable
attorney's fees, incurred by the prevailing party, whether or not such controversy or claim is
litigated or prosecuted to judgment, including all costs and fees incurred as a result of any
appeal. The prevailing party will be that party who was awarded judgment as a result of trial or
arbitration, or who receives a payment of money from the other party in settlement of claims
asserted by that party.
wit:
12. Notices. All notices shall be given to the parties at the following addresses, to-
Bruneel: Bruneel Tire of Boise, Inc.
5304 Chinden Blvd
Boise, ID 83714
Aries: Aries Holdings LLC
P.O. Box 6887
Boise, ID 83707 — 1156
and shall be delivered in person or by certified mail with return receipt requested. Notices shall
be deemed to have been given on the earlier of (a) the actual delivery or refusal to accept
delivery (b) or the date of mailing by certified mail.
13. Recitals. The recitals set for above are hereby incorporated into this Agreement
and made a part hereof.
14. Situs. This Agreement will be governed by Idaho law.
15. Severability. In the event any of the provisions of this Agreement shall be
deemed illegal or unenforceable, such determination shall not operate to invalidate any of the
remaining provisions of this Agreement.
EASEMENT AGREEMENT FOR SHARED,
CROSS -USE ACCESS - 3
IN WITNESS WHEREOF, the parties execute this Agreement the day and year first
above written.
BRUNEEL:
BRUNEEL T F BOISE
By.
ARIES:
ARIES HOLDINGS LLC
B
EASEMENT AGREEMENT FOR SHARED,
CROSS -USE ACCESS - 4
STATE OF IDAHO )
. ss
County of b1/24434.4e4)
On this a 3 day of On CL / , in the year a-o 1 ; , before me,
6 p ar-� , a Notary Public, personally appeared
C rat Bruin a e1 , the A* reS i d C'-of BRUNEEL TIRE OF BOISE,
INC., known to me to be the person who executed the within instrument and acknowledged to
me that he executed the same on behalf of Bruneel Tire of Boise, Inc. 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.
KIMBERLY GEORGE
Notary Public
State of Idaho
STATE OF IDAHO
County of
Ad i
: ss
Notary Public for Idaho
My Commission Expires:
My Commission Expires
October 29.2018
On this a--5 day of VYk , in the year • t 3 , before me,
14 1 Notary Public, perso : y appeared
1«�rrr the ' ES HOLDINGS LLC, known
to me to be the person who executed the within ins vi ent and acknowledged to me that he
executed the same on behalf of Aries Holdings L ' and was so authorized to do so.
IN WITNESS WHEREOF, I have here
year in this certificate first above ' ten.
(SEAL)
ja/W:\W
o set my hand and affixed my official seal, the day and
Notary Public for Idaho
My Commission Expires:
cCall, City of 21684\Bruneel Tire McCall Manor Agreement for Shared Access Easements.doc
EASEMENT AGREEMENT FOR SHARED,
CROSS -USE ACCESS - 5
STATE OF IDAHO )
ss
County of \I oJN\ �� )
On this \c1 day of in the year ZAP —5, before me,
, a Notary Public, personally appeared Vc- N.cStsbde._
MIN r sow , the \--c\cx.ms- of ARIES HOLDINGS LLC, known
to me to be the person who executed the within instrument and acknowledged to me that he
executed the same on behalf of Aries Holdings LLC 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 Public for Idaho
My Commission Expires: \ — \ — \
ja/W:\Wl Tire McCall Manor Agreement for Shared Access Easements.doc
EASEMENT AGREEMENT FOR SHARED,
CROSS -USE ACCESS - 6
1 d�c t d#; land Pi 8$1/;4 0.Wi/4, .8e�tion 9, Township ie North, • itahge
a . f thy; 84.4$0; 4. t i'hn ; 0 Valie Cop i. Idaho pore
�'c�ularly do c il•q`aa b1,40:e::. Begin inq at tho irit,00.04ioa
�x ° ; ;44t bou�i4eir .` F q' Idaho 5titto1. ghwa Number 15 an ` :the `
a =1,,, !` 1� i}1se 4df$tttl%'�4�'S}f�'/i Saction Towns`hfp�18 No`xth
h, t a . n l .: k,f . I
ita 3 r a pe w ;idf i't h ito Mouth along Nast boundhxy� o!
�' $a• s....4. .t �rKfight+eyaffftex to .tha Real Poi:tt ;o! .Bagi:u:ing;
EPIC F alot:q ., �1 dt boundazy► ot;�eaid: s ate itfghaay -174
lat `- a' �n��, Ehoo., ,. 08v is to s point �rh oh fifes 4 89�
wth�1 ,r:eal 04- :;..e. iiiningf vi•.6 a :Si 69°:.. 28i if. ,
dxf:da �7 r 13 --5 lsgt tb `tt�e Real Point-, a! B4c�in404. '
2084827107 '
10:05:54 a.m. 09-18-2012 4J93
EXHIBIT B
613 N 3RD STREET
A parcel of land situated in the SE 1/4 of the SW 1/4 and the SW 1/4 of the SE 1/4 of Section 9,
Township 18 North, Range 3 East, Boise Meridian, City of McCall, Valley County, Idaho, more
particularly described as follows:
Commencing at the South 1/4 corner of Section 9, Township 18 North, Range 3 East, Boise
Meridian, City of McCall, Valley County, Idaho; thence N. 0' 11'23" W. 677.80 feet along the
East line of SE 1/4 of the SW 1/4 of Section 9, to a'h" rebar, the REAL POINT OF BEGINNING.
Thence, continuing N. 0'11'23" W., 40.00 feet, thence, N. 89'52'35" W. 169.15 fat, thence,
N. 0'15'45" W. 160.06 feet, thence N. 89'52'35* W., 300.10 feet to the easterly right-of-way
line of State Highway 55, thence N. 0' 10'31" W., 101.95 feet along said right -of --way, thence,
N. 40'48'56" E., 274.40 feet, thence N. 0'10'31" W., 127.08 feet, thence S. 89'55'10" E.,
272.83 feet, thence S. 0'11'23" W. 320.00 feet, thence S. 89'52'35" E. 61.70 feet, thence S.
0' 11'23" W., E. 317.34 feet, thence N. 89'52'35" W., 45.00 feet the Point of Beginning. (AKA
Amended Tax #324)
SAVE AND EXCEPT THE FOLLOWING DESCRIBED PARCEL
A parcel of land situate in the SE 1/4 of the SW 1/4 of Section 9, T. 18 N., R. 3 E., B.M., City
of McCall, Valley County, Idaho, more particularly described as follows:
Commencing at a brass cap marking the CS 1/16 Corner of Section 9 T. 18 N., R. 3 E., B.M.,
City of McCall, Valley County, Idaho; thence N. 89'55'10" W. 469.54 feet along the north
boundary of said SE 1/4 SW 1/4 to the east right-of-way line of 3r0 Street; thence S. 00' 10'31"
E., 395.00 feet along said right-of-way to a'h inch rebar, the REAL POINT OF BEGINNING.
Thence, continuing S. 00'10'31" E. 41.95 feet along said right-of-way to a VI inch rebar,
Thence, S. 89' 52' 35" E. 110.90 feet to a °h inch rebar,
Thence, N. 06' 40' 05" E. 98.19 feet to a V2 inch rebar,
Thence, S. 65' 40' 38" W. 134.35 feet to the Point of Beginning, containing 0.183 acre,
more or less.
Along with an ingress and egress easement situate in the SE 1/4 of the SW 1/4 of Section 9, T.
18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho, more particularly described as
follows:
Commencing at a brass cap marking the CS 1/16 Corner of Section 9, T. 18 N., R. 3 E., B.M.,
City of McCall, Valley County, Idaho, thence, N. 89' 55'10" W., 469.54 feet along the north
boundary of said SE 1/4 SW 1/4 to the east right-of-way line of 3'd Street, thence S. 00' 10' 31"
E., 335.00 feet along said right-of-way to a 1/2 inch rebar, the REAL POINT OF BEGINNING.
WARRANTY DEED - P. 3
2083827107 10:06:16 a.m. 09-18-2012 5/93
Thence, continuing S. 00' 10' 31" E. 60.00 feet along said right-of-way to a V2 inch rebar,
Thence, N. 65' 40' 38" E. 134.35 feet to a 1h inch rebar,
Thence, N. 11' 41' 03" W. 29.40 fcet,
Thence, S. 78' 18' 57" W., 119.13 feet to the Point of Beginning.
EASEMENT 3 (ACCESS)
98 S.F.
THIRD STREET (HIGHWAY 55)
SCALE: 1" = 20'
0
POB 2ci
0
0
BRUNEEL ARE
h
O
M
McCALL MOBILE MANOR
/,//////// n/
�""""""' EASEMENT
2 (ACCESS)
eczr //968 S.F.ti,,,,,,,,,,
�,,,,,,,
\\\\ S8947'39 W
...
.\.
N
S89 47'39 "W
13.27'
of
N
EASEMENT 1 (DRAINAGE)
265 S.F.
N89 4432"W
466.34'
1/4 CORNER
FOUND BRASS CAP
CP&F INST. #314861 9
16
SECESH ENGINEERING, INC.
335 DEINHARD LANE, SUITE 1
McCALL, IDAHO 83638
208-634-6336
EASEMENT EXHIBIT
CITY OF McCALL
THIRD STREET PROJECT
Drawing No.:
Drawn by. REM
Dote: 2/14/13
EXHIBIT C
SECESH ENGINEERING, INC.
335 Defnhard Lane, Suite 1
P.O. Box 70
McCall, ID 83638
208-634-6336 • FAX 208-634-6322
LEGAL DESCRIPTION
EASEMENT PARCEL 3 (ACCESS)
A parcel of land located in the SE 1/4 of the SW 1/4 of Section 9, T.18N., R.3 E., B.M., City
of McCall, Valley County, Idaho, more :particularlydescribed as;
COMMENCING at the south 1/4 corner of said Section 9; thence along the N-S 1/4 section
line of said Section 9,
A.) N.0°15'28"E., 920.95; thence, departing said 1/4 section line,
B.) N.89°44'32"W., 466.34 feet to a point on the easterly Right -of -Way for Third
Street, Highway 55; thence, along said Right -of -Way,
C.) N.0°12'21"W., 60.00 feet to the POINT OF BEGINNING; thence, continuing
along said Right -of -Way,
1.) N.0°12'21"W., 15.00 feet; thence, departing said Right -of -Way,
2.) N.89°47'39"E., 13.04 feet; thence,
3.) S.40°47'06"W., 19.87 feet to the POINT OF BEGINNING.
CONTAINING 98 Square Feet, more or less.
EXHIBIT o
SECESH ENGINEERING, INC.
335 Delnhard Lane; Suhe 1
P.O.Box 70
McCall, ID 83638
208-634-6336 • FAX 208=634.8322
LEGAL DESCRIPTION
EASEMENT PARCEL 2 (ACCESS)
A parcel of land located in the SE 1/4 of the SW 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 south 1/4 corner of said Section 9; thence along the N-S 1/4 section
line of said Section 9,
A.) N.0°15'28"E., 920.95; thence, departing said 1/4 section line,
B.) N.89°44'32"W., 466.34 feet to a point on the easterly Right -of -Way for Third
Street, Highway 55; thence, along said Right -of -Way,
C.) N.0°12'21"W., 45.00 feet to the POINT OF BEGINNING; thence, continuing
along said Right -of -Way,
1.) N.0°12'21"W., 15.00 feet; thence, departing said Right -of -Way,
2.) N.40°47'06"E., 45.74 feet; thence,
3.) S.0°12'21"E., 49.52 feet; thence,
4.) S.89°47'39"W., 30.00 feet to the POINT OF BEGINNING.
CONTAINING 0.02 Acres, 968 Square Feet, more or less.
EXHIBIT E