HomeMy Public PortalAbout2018.10.11 Road Easement Fairway Dr. - Zerfoss LLCInstrument # 418269
VALLEY COUNTY, CASCADE, IDAHO
12-20-2018 08:26:50 AM No. of Pages: 7
Recorded for : CITY OF MCCALL
DOUGLAS A. MILLER Fee: 0.00
Ex-Officio Recorder Deputy
Index to: EASEMENT
EASEMENT AGREEMENT
This EASEMENT AGREEMENT shall be effective the j 1 day of C;ci r' ,
201% by and between the CITY OF McCALL, IDAHO, 216 E. Park Street, McCall, Idaho
83638 ("Grantor") and the 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 B Access Easement" for ingress and egress to the Benefited
Property; the Burdened Property and the Parcel B Access Easement are the same real property
and are described on Exhibit B hereto.
E. Grantor and Grantee each desires 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 3,353 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 B Access Easement"), for ingress and
egress to the Benefited Property, together with the right to maintain and repair the Parcel B
Access Easement and the right to occupy such width of the land along the boundaries of the
Modglin Access Easement as is necessary to properly do the work of maintaining and repairing
the Modglin Access Easement with personnel and with such equipment as is commonly used, or
is reasonably adapted, to that work. The Parcel B Access Easement herein granted includes the
right to deposit along the boundaries of the Parcel B Access Easement snow, debris and other
EASEMENT AGREEMENT - PAGE 1 OF 6
matter necessarily required to be taken from the Parcel B Access Easement to clean and maintain
it, provided no greater width of land along the boundaries of the Parcel B Access Easement than
is reasonably necessary for such deposits shall be occupied by the removed snow, debris or other
matter. Grantor, for itself, its successors and assigns reserves the right to use the Parcel B
Access Easement Premises so long as Grantor's use does not interfere with the Grantees' use of
the Parcel B Access Easement Premises. Except as expressly reserved herein to Grantor, the
Parcel B Access Easement granted hereby is exclusive to Grantee.
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. Maintenance Costs. Grantee agrees for themselves, their heirs, successors and
assigns to bear all costs and expenses for labor and materials incurred for any necessary
maintenance and repairs to the Modglin Access Easement as may be required from time to time.
4. Run with the Land. All provisions of this Parcel B Access Easement, including
the benefits and burdens and the agreement as to payment of a share of costs and expenses for
Modglin Access Easement maintenance and repair, shall run with the land and shall benefit and
bind the heirs, successors and assigns of Grantor and Grantee.
5. 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.
6. Landscaping. No trees or large shrubbery may be planted on the Parcel B
Access Easement Premises.
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
Easement Agreement, or attempting to enforce any right herein granted, the losing party shall
pay the prevailing party's reasonable attorney fees and costs.
8. 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.
EASEMENT AGREEMENT - PAGE 2 OF 6
GRANTOR:
GRANTEE:
CITY OF McCALL, IDAHO ZERFOSS, LLC
STATE OF IDAHO
: ss
County of Valley
By:
t
(3 cRo) p )
On this j I day of( (1 #t �iS: V�, , 2018, before me, the undersigned, a Notary
Public in and for said State of Idaho, personally appeared 3 1
the j i;1 ;t,. �,; of the CITY OF McCALL, IDAHO, known or identified to
me to be the Berson 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 hanand affixed my official seal the
day and year in this certificate first above written.
STATE OF
County of
BESSIEJO WAGNER
NOTARY PUBLIC - STATE OF IDAHO
COMMISSION NUMBER 52467
MY COMMISSION EXPIRES 6-2-2020
: ss
Notary Public or Idaho / 4.1/
My Commission Expires: (1 Qa
On this day of , 2018, before me, the undersigned, a Notary
Public in and for said State of , personally appeared
,known or identified to me to be the persons whose names are
subscribed to the within instrument, and acknowledged to me that they 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.
Notary Public for
My Commission Expires:
EASEMENT AGREEMENT - PAGE 3 OF 6
GRANTOR:
GRANTEE:
CITY OF McCALL, IDAHO ZERFOSS, LLC
STATE OF IDAHO
: ss
County of Valley
By:
•
On this / 1 day of( .4 / c 4 , 2018, before me, the undersigned otary
Public in and for said State of Idaho, personally appeared l I C
the of the CITY OF McCALL, IDAHO . own or identified to
me to be the person whose name is subscribed to the within instr t, and acknowledged to me
that (s)he executed the same on behalf of the City of Mc , daho and was so authorized to do
so.
IN WITNESS WHEREOF, I
e hereunto set my han• and affnxed my official seal the
day and year in this certificate above written.
IEJO WAGNER
NO YPUBLIC- STATEOFt.
COMMISSION NUMBER 524,;,
MY COMMISSION EXPIRES 6.2 j
STATE O1 cc,` )
: ss
County of zy) C,. V\.&) - )
Notary Public or Idaho o My Commission Expires: (1/ .%Qa7
On this 2 day of (ubay,1<u✓, 2018, before me, the undersigned, a Notary
Public in and for said State of GDWCOau , personally appeared
JQ-SS �Z Y'� 0�5 ,known or identified to me to be the persons whose names are
subscribed, to the within instrument, and acknowledged to me that they 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 ritten.
DIANA ORONA CHACON
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20164047883
MY COMMISSION EXPIRES 12/19/20
EASEMENT AGREEMENT - PAGE 3 OF 6
ublic f
My Commission ' pires:
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 B
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 to said Section 9 and Section 4; thence west line of said NE 1/4
NE 1/4,
A.) S.0°07'28"W., 115.94 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., 135.00 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., 165.05 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., 164.92 feet to the POINT OF BEGINNING.
CONTAINING 0.38 Acres, more or less.
EXHIBIT B
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 B 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 of Surveys at Page 131, Instrument Number 410951, Records of Valley
County, Idaho; thence along the west line of said NE 1/4 NE 1/4,
A.) S.0°07'28"W., 115.94 feet; thence, departing said 1/16 section line,
B.) S.89°51'55"E., 124.98 feet to the northeast corner of Parcel A, the POINT OF
BEGINNING; thence,
1.) N.0°07'28"E., 4.83 feet to a point on the south Right -of -Way line for Fairway Drive;
thence, along said Right -of -Way,
2.) S.81°46'07"E., 25.00 feet; thence, departing said Right -of -Way,
3.) S.3°38'26"W., 77.45 feet; thence,
4.) S.0°07'28"W., 79.00 feet; thence,
5.) N.89°51'55"W., 20.00 feet to a point on the east boundary of said Parcels A and B;
thence, along said boundaries,
6.) N.0°07'28"E., 155.00 feet to the POINT OF BEGINNING.
CONTAINING 0.08 Acres, more or less.
EXHIBIT C
E 1/16
FOUND 1/2" REBA
CP&F INST.# 338970
25.00
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VI
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DAVIS AVENUE
SCALE: 1 " = 50'
25.00'
UTILITY AND SNOW STORAGE EASE -ME -SIT /NST. #410950
SEC 4
SEC 9
FAIRWA Y SUBD/WSION
BOOK 3 PAGE 22 OF PLA TS
FAIRWAY DRI VE-
S8146 b7'E 4.83'
99.98'
PARCEL A
13,497 S.F.
0.31 Ac.
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PARCEL B
16,495 S.F.
0.38 Ac.
N89'47'26"W
S00'07'28"W
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25.00
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951.22'
ACCESS EASEMENT TO PARCEL A
INST. #410882
1,773 S.F., 0.04 Ac.
ACCESS EASEMENT TO PARCEL B
3,353 SF., 0.08 Ac.
N89 51 '55"W
20.00' W
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99.98'
NE 1/16
FOUND 5/8" REBAR
CP&F INST. #295434
CITY OF McCALL
SECESH ENGINEERING, INC.
335 DEINHARD LANE, SUITE 1
McCALL, IDAHO 83638
208-634-6336
EASEMENT EXHIBIT
BEER PROPERTY
Drawing No.:
Drawn by.
REM
Date:
10/8/18