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Home My Public Portal About2017.12.28 411-F Deinhard Lane Access Easement - Bruce G and Carmen L Modglin Trust - 410882Instrument * 410882 VALLEY COUNTY, CASCADE, IDAHO 1-2-2018 N:34:44 AM No. of Pages: Recorded for : SHAY TYLER DOUGLAS A. MILLER Fee: • Ex-Officio Recorder Deputy MOAN br AGREEMENT EASEMENT AGREEMENT This EASEMENT AGREEMENT shall be effective the )'6 day of f lxv, 2017, by and between the CITY OF McCALL, IDAHO, 216 E. Park Street, McCall, Idaho 83638 ("Grantor") and the BRUCE G. AND CARMEN L. MODGLIN TRUST, 411 F Deinhard Lane, PMB 122, McCall, Idaho 83638. ("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 "Modglin Access Easement" for ingress and egress to the Benefited Property; the Burdened Property and the Modglin 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 1,773 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 "Modglin Access Easement"), for ingress and egress to the Benefited Property, together with the right to maintain and repair the Modglin 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 Modglin Access Easement herein granted includes the right to deposit along the boundaries of the Modglin Access Easement snow, debris and other matter necessarily EASEMENT AGREEMENT - PAGE 1 OF 6 required to be taken from the Modglin Access Easement to clean and maintain it, provided no greater width of land along the boundaries of the Modglin 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 Modglin Access Easement Premises so long as Grantor's use does not interfere with the Grantees' use of the Modglin Access Easement Premises. Except as expressly reserved herein to Grantor, the Modglin 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 Modglin 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 Modglin 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. ****SIGNATURES ON FOLLOWING PAGE**** EASEMENT AGREEMENT - PAGE 2 OF 6 GRANTOR: CITY OF McCALL, IDAHO STATE OF IDAHO : ss County of Valley Attest: BessieJo Wagner, Cit Clerk On this .7-0 day of Decc' w &'r, 2017, before me, the undersigned, personally appeared Jackie J. Aymon, Mayor and BessieJo Wagner, City Clerk, 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 they executed the same on behalf of the City of McCall, Idaho and was so authorized to do so. IN WI W1/4/C3 , I have hereunto set my hand and affixed my official seal the day and year i Ehis certif t&.first above written. PUBS-'G ` O Notary Publi GRANTEE: BRUCE G. AND CARMEN L. ODGLIN TRUST GL By: �- f BRUCE G. MOD Trustee STATE OF : ss County of j My Commission Expires: (D'S'I�Y CARMEN L. MODIN, Trustee On this 24 day of �c hiv►'l be<2017, before me, the undersigned, personally appeared BRUCE G. MODGLIN and CARMEN L. MODGLIN, 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 VYHEREOF, I have hereunto set my hand and affixed my official seal the day and year ir��tfi�s�cft� first above written. P • . .. AR• :,� Notary Public f W . p ; My Commission Expire IU 1 5f �v EASEMENT AGREEMENT - PAGE 3 OF 6 EXHIBIT A BENEFITED PROPERTY 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 A 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, the POINT OF BEGINNING; thence, 1.) S.89°51'55"E., 99.98 feet; thence, 2.) S.0°07'28"W., 135.00 feet; thence, 3.) N.89°51'S5"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., 135.00 feet to the POINT OF BEGINNING. CONTAINING 0.31 Acres, more or less. EASEMENT AGREEMENT - PAGE 4 OF 6 EXHIBIT B BURDENED PROPERTY SECESH ENGINEERING, INC. 335 Deinhard Lane, Suite 1 P.O. Box 70 McCall, ID 83638 208-634-6336 • FAX 208-634-6322 LEGAL DESCRIPTION MODGLIN 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 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., 140.94 feet to a the northeast corner of the Modglin parcel, 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.) N.89°52'32"W., 20.00 feet to a point on the east boundary of said Modglin parcel; thence, along said boundary, 5.) N.0°07'28"E., 76.00 feet to the POINT OF BEGINNING. CONTAINING 0.04 Acres, more or less. EASEMENT AGREEMENT - PAGE 5 OF 6 IE 1/16 115.94' FOND I/2' REBAR CAW INST../ 338974 295455 RECORD OF SURVEY g h • w aWi FOR BRUCE AND CARMEN MODGLIN LOCATED IN NE 1/4 NE 1/4 SECTION 9, THIN., R3E, BM, CITY OF NcCAL4 VALLEY COUNTY, IDAHO 1,773 SF. 0.04 Ae 76.00' 2017 FGxo 5/8' REBAR W/RED PLASTIC CAP I9OO 'CONTROL' IDENTIFIED AS 'NKale IN THE CITY OF MCCALL CONTROL POINT NE muff ACCESS EASEMENT 70 PARCEL A DIST / 135.00' PARCEL A I3,497 SF. QJ/ Ac 133.0E CITY OF McCA/L BALL f7ELD SEE RECORD OF SPICY BOO'! 12 PAGE 125 S00'07'28'W 300.05' TAX a� F NO /A 16505' PARCEL B 16,495 SF. 058 Ae U77UTY AND SNOW STLIRACE EASEMENT INST. / r. 1200 N00"07'28"E 299.92 299.89' NO7DY28 f DAVIS AVENUE 164.92' BOOK NO. PAGE NO. OF RECORDS OF SURD: FOUND 5/8' REBAR W/REO PLASTIC CAP MKO 'CONTROL' IDENTIFIED AS TP9Minl- IN TRUE CITY OF McCALL CONTROL POINT NETWORK //^ N moo' 90J4Y NE s FOUND HST: 1595 CP&F9148EBAR 9f57. / I89J.18, 29f46Q IDSIJ! This record of survey has been reviewed one/ approved by the CYy of McCoN with respect to Its compliance with the Subdivision and Development Ordinance and exemption from forma/ plotting; an Individual lot shown on this record of survey shag be considered a single /ot for purposes of C r on'rlalces. This survey has created 2 lots from the original lot as a existed on March 24, 1994. No more than four (4) total lots may be created from the original lot using the record of survey process. The creation of live (5) or more lots from a single original lot using the record of survey procedure, constitutes on illegal subdivision of land. This survey is being N/sd to create two parcels from the TAX No. lA in the NE 1/4 of the NE 1/4 of Section 9 as shown. Accepted and approved this McCall. McColl CVy Clerk day of 2017,, by the City of I, Ralph Miller, a Professional Land Surveyor Registered in the State of Idaho, do hereby certify that this plot lows prepared from notes token dung on actual survey mode by me and that IY eomxtg, represents the points, courses and distances as recorded in said field notes. RECORDERS STAMP SDIfE• /' drwlpl awes Sri at, or War' ~awl Did Control Meh atr. Llitanem ors m memo/ wn Nu grand. LEGEND e FOUND 5/8" IRON P/N " FOUND 1/2" IRON PIN o SET 1/1" X 24" REBAR NM LS 8577 a C4LCULA7PD POS/710N - NOTIWNG SET INHIAIHSVH D ZIHIHXH EASEMENT NOTE THERE IS A 1849 EASEMENT Or RECORD 70 IDAHO POSER, INSTRUMENT NUMBER J9254 GRANTING BGIT--Or-WAY FOR THE INSTALLATION AM MAINTENANCE OF POIIER LINES DIE EASEMENT AFFECTS THE ENTIRE NEI/4 OF TIE NE 1//4 OF SECTION 9 IN A BLANKET NATURE AND /S NOT PLOYTABLE. SECESH ENGINEERING INC. P.O. Box 70 McCall, ID 83838 (200 834-8335 SHEET NO. I OF I