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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 0 0 Sri TNT VI N 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. 0 0 vi ci r^o O Vl in M O4.1 N8951'55'W o Q ct 99.98' v �u ^ Lu �Y O tom PARCEL B 16,495 S.F. 0.38 Ac. N89'47'26"W S00'07'28"W �n 0 vi co 25.00 3I co in col N (010 4-- 0 0 h ^ 0 N 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 �� Oc mccf) � N QOl Zoe OWN Y O Vim 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