HomeMy WebLinkAboutCorrected and Modified Easement Agmt Ingress and EgressTHIS INSTRUMENT FILED
FOR RECORD BY FIRST
AMERICAN TITLE COMMPANY
AS AN ACCOMMODATION
ONLY IT HAS NOT BEEN
EXAMINED AS TO ITS
EXECUTION OR AS TO ITS
AFFECTS UPON THE TITLE.
ADA COUNTY RECORDER Christopher D. Rich 2018-069632
BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 07/26/2018 08:16 AM
FIRST AMERICAN TITLE AND ESCROW COMPANY $34.00
ELECTROIIICAI._LY RECORQE!i
REMOVE THE COUNTY 4TANI :ED t ii ::.
PAGE AS IT IS, t' OVV
PART OF THE ORiG NAL.
THIS SHEET HAS BEEN ADDED TO
ACCOMMODATE RECORDING
INFORMATION
.ELECTRONICALLY RECORDED- DO NO .
REMOVE THE COUNTY STAMPED FIRST
PAGE AS IT IS NOW INCORPORATED AS
PART OF THE ORIGINAL DOCUMENT.
0
CORRECTED AND MODIFIED EASEMENT AGREEMENT
This Easement Agreement (the "Agreement") is entered into by and between
Volante Investments LLLP, successor in interest to Ronald W. Van Auker, whose address
is 3084 East Lanark, Meridian, ID 83642 ("Volante"), and Wrinkleneck Partners, LLC an
Idaho Limited Liability Company whose mailing address is 3084 East Lanark, Meridian, ID
83642 ("Wrinkleneck").
WITNESSETH:
WHEREAS, This easement shall supersede and replace the easement recorded on
January 12, 2005 at Ada County, Idaho as Instrument No. 105004260;
WHEREAS, Volante owns a certain 1.0 acre real property located at 1545 E. Bird
Dog Drive in Meridian, Idaho and depicted as Parcel B on Exhibit A, attached hereto (the
"Volante Parcel" or sometimes the "Parcel");
WHEREAS, Wrinkleneck owns the 1.82 acre real property adjoining the Volante
Parcel, located at the northwest corner of S. Locust Grove and Overland Road in Meridian,
Idaho and depicted as Parcel A on Exhibit A, attached hereto (the "Wrinkleneck Parcel"
or sometimes the "Parcel"); and
WHEREAS, Volante desires to grant to Wrinkleneck a certain non-exclusive
easements of access for ingress and egress.
WHEREAS, Wrinkleneck desires to grant to Volante a certain non-exclusive
easement of access for ingress and egress.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, Volante and Wrinkleneck hereby adopt and
establish the following covenants and easements which shall be applicable to the Volante
Parcel and the Wrinkleneck Parcel (the Volante Parcel and Wrinkleneck Parcel are
collectively hereinafter referred to as the "Property"):
1. Volante Grant of Access Easement. Volante hereby grants and conveys
to Wrinkleneck a non-exclusive, perpetual, free and unobstructed easement in and on the
property described on Schedule 1 (the "Volante Easement Area") for ingress and egress
of vehicular and pedestrian traffic.
2. Wrinkleneck Grant of Access Easement. Wrinkleneck grants and conveys
to Volante a non-exclusive, perpetual, free and unobstructed easement in and on the
property described on Schedule 2 (the "Wrinkleneck Easement Area") for ingress and
egress of vehicular and pedestrian traffic.
CROSS ACCESS AGREEMENT — Page 1 of 5
3. Agreements With Respect to Easements. Volante and Wrinkleneck and all
subsequent fee owners of all or any portion of the Property (hereinafter collectively referred
to as "Owners" and individually referred to as "Owner") agree that the following terms
and provisions shall govern the Owners' use of the easements (the "Easements") granted
in Paragraphs 1 and 2.
3.1 No Barriers or Interference. Neither Owner shall construct or place
any fences, barriers or other obstacles which would prevent or obstruct the passage of
pedestrian or vehicular travel within or across the Easement Area, excepting therefrom the
installation of highback curbing in certain areas, intended to direct the flow of vehicles
within the easement areas. The foregoing provisions shall not prohibit the temporary
erection of a barricade by an Owner which is reasonably necessary for the construction,
repair or maintenance of the Easement Area; provided however, that any such work shall
be conducted in a manner calculated to cause the least interference to the use of the
Easement Area as is reasonably possible.
3.2 Use of Easements. Subject to the limitations contained herein,
Owners may authorize their respective tenants and invitees (including, without limitation,
employees, customers, agents and invitees of such tenants) to use the Easement Area for
the purposes and subject to the limitations stated herein. The Easements and rights herein
conveyed are private easements and are not for the use or benefit of the general public.
Nothing herein contained shall be construed or deemed to be a dedication of any
easements to, or for the use of, the general public.
3.3 Improvement and Maintenance of Easements. Each property
owner shall install pavement and required curbing on their respective Parcels and each
shall maintain the pavement and curbing within their respective Parcel in a good condition
and repair.
3.4 Parking Rights. Neither Volante nor Wrinkleneck intend by this
instrument to create any parking easements or parking rights on the Volante Parcel,
Volante Easement Area or the Wrinkleneck Parcel or Wrinkleneck Easement Area for the
benefit of the other party.
4. Covenants Run With the Land. The Property shall be held, transferred,
improved, sold, conveyed, used and occupied subject to the Easements and restrictions
described herein, which Easements and restrictions shall be covenants running with the
Property and enforceable against all subsequent Owners of all or any portion thereof.
5. Easements Superior to Financing. The Easements created by this
Agreement shall be superior to any deed of trust or other lien against the Volante Parcel
and the Wrinkleneck Parcel.
CROSS ACCESS AGREEMENT — Page 2 of 5
6. Modification. The provisions of this Agreement may be modified from time
to time or terminated at any time by the written agreement of all of the Owners of the
Property. No consent to the modification, from time to time, or termination of any or all of
the provisions of this Agreement shall ever be required from any persons other than the
fee simple Owners of said Property. No consent shall be required of any tenant of the
Property, nor shall any such tenant have any right to enforce any provision of this
Agreement or any modification hereof.
7. Term. The Easements, restrictions, rights, terms and provisions of this
Agreement are perpetual.
8. Owner's Liability. Each Owner shall be liable for the performance of all
covenants, obligations and undertakings herein set forth with respect to the portion of the
Property owned by it which accrue during the period of its ownership. With respect to the
portion of the Property transferred, the transferee Owner shall automatically become liable
for all obligations, performance requirements and amounts which arise subsequent to the
transfer of ownership.
9. General Provisions.
9.1 Entire Understandinq. This Agreement embodies the entire
understanding and agreement between the parties concerning the subject matter hereof,
and supersedes any and all prior negotiations, understandings, or agreements in regard
thereto.
9.2 Applicable Law. This Agreement has been executed and delivered in
the State of Idaho and will be construed and interpreted according to the laws of Idaho.
9.3 Severability. The provisions of this Agreement are intended to be
severable. If any provision hereof shall be invalid, illegal, or unenforceable, the other
provisions hereof shall in no way be impaired thereby.
9.4 Waiver. Any waiver as to any of the terms or conditions of this
Agreement shall not operate as a future waiver of the same terms and conditions or
prevent the future enforcement of any of the terms and conditions hereof.
9.5 Attorney's Fees. Should any litigation or arbitration be commenced
between the Owners arising out of this Agreement or the transactions contemplated
hereby, the party prevailing in such litigation or arbitration shall be entitled, in addition to
such other relief as may be granted, to a reasonable sum for its attorney's fees in such
litigation or arbitration.
CROSS ACCESS AGREEMENT — Page 3 of 5
EXECUTED to be effective on this 25th day of July, 2018.
VOLA IN V T ENTS LP
ALD W. VAN AUKER
General Partner
STATE OF IDAHO )
) ss:
County of Ada )
On this %� day of July, 2018, before me, the undersigned, a Notary Public in
and for said StMe', personally appeared Ronald W. Van Auker known or identified to me
to be the General Partner of the Volante Investments LLLP, General Partner that
executed the foregoing instrument on behalf of said Limited Liability Limited
Partnership, and acknowledged to me that he executed the same in said Limited
Liability Limited Partnership name.
IN WITNESS WHEREOF, I have hereto set my hand and affixed my official seal
the day and year in this certificate first written. n
�,1• �..,;E' •,, N to Public f r
N�'r pT,AR y Residing at Ida
My commission expi es:
CROSS ACCESS AGREEMENT — Page 4 of 5
STATE OF IDAHO )
) ss:
County of Ada )
On this day of Jam, 2018, before me, the undersigned, a Notary Public in
and for said Sta e, personally appeared Ronald W. Van Auker known or identified to me
to be the Manager of the Wrinkleneck Partners, LLC, Manager that executed the
foregoing instrument on behalf of said Limited Liability Company, and acknowledged to
me that he executed the same in said Limited Liability Company name.
IN WITNESS WHEREOF, I have hereto set my hand and affixed my official seal
the day and year in this certificate first written.
/IV(-
••����aua����. Notary P blic for
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.: W o f •ti Resi g at / aY , I Z"n
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R•.;�F �'••� My commission expir s: 7f.2laD� la
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CROSS ACCESS AGREEMENT — Page 5 of 5
Exhibit A
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EXHIBIT A — Page 1 of 1
SCHEDULE 1
Legal Description
DESCRIPTION FOR MAVRICK STORE OVERLAND & LOCUST GROVE
CROSS ACCESS EASEMENT PARCEL B TO PARCEL A
(NORTH 112 OF EASEMENT)
Job No. 04122 January 11, 2005
Land in the SE1/4SE1/4 of Section 18, T3N, R1E, B.M., City of Meridian, Ada County,
Idaho, described as follows:
COMMENCING at the Southeast Corner of said Section 18, marked by a brass tap
monument and as shown on comer perpetuation record Inst. No. 103176248, Ada
County Records;
thence, along the East Line of said Section 18, North 0031'58" East, a distance of
264.03 feet;
thence South 8904418' West, 64.00 feet, to the Northeast Comer of Parcel A as shown
on recorded survey No. 6502, Ada County survey records, said point also being a point
on the west right-of-way of N. Locust Grove Rd.. and marked by a 5/8 inch rebar with a
,plastic cap marked "KNS 11120", and the POINT OF BEGINNING;
thence along the line common to said Parcels A and B, South 89"44'18" West, 57.00
feet;
thence North 29'50'19" East, 24.40 feet;
thence North 89"52'05"'East , 20.66 feet, to a non -tangent 5.00 foot radius curve foot to
the left;
thence along said curve, an art length of, 8.39 feet, through a central angle of
96°1 V23", and having a chord which bears. South 48°04'64" East, 7.44 feet, to a 35.00
foot radius compounding curve foot left;
thence along said curve, an arc length of, 21.00 feet, through a central angle of
34'22'39", and having a chord which bears, North 66°38'05" East, 20.69 feet, to a point
on the west right-of-way of N. Locust Grove Rd.;
thence along said right-of-way. South 00"31'58" West, 24.18 feet, to the 'POINT OF
BEGINNING. *L Lo,
S�0 1STti,Q L9y
Containing 1014 square feet, more or less.
�iytisz
SCHEDULE 1 — Page 1 of 1
SCHEDULE 2
Legal Description
DESCRIPTION FOR MAVR'ICK STORE OVERLAND & LOCUST GROVE
CROSS ACCESS EASEMENT PARCEL A TO PARCEL B
(SOUTH 112 OF EASEMENT)
Job No. 04122 January 11. 2005
Land in the SE114SE114 of Section 18, TA, R1E, B.M., City of Meridian, Ada County,
Idaho, described as follows:
COMMENCING at the Southeast Corner of said Section 18, marked by a brass cap
monument and as shown on comer perpetuation record inst. No. 103176248. Ada
County Records;
thence, along the East Line of said Section 18, North 0031'58" East, a distance of
264.03 feet;
thence South 89"44'18* West, 54.00 feet to the Northeast Comer of Parcel A as shown
on recorded survey No. 6502, Ada County survey records, said point also being a point
on the west right-of-way of N. Locust Grove Rd., and marked by a 518 inch rebar with a
plastic cap marked "KNS 11120', and the POINT OF BEGINNING;
thence southerly along said right-of-way, South 00*31'58" West, 23.73 feet, to a non -
tangent 35.00 foot radius curve to the left;
thence; along said curve, an arc length of, 21.02 feet, through a central angle of
34'24'25", and having a chord which bears, North 65019'49" West, 20.70 feet, to a
compounding 5.00 foot radius curve to the left;
thence along said curve, an arc length of, 8.46 feet, through a central angle of
96056'01", and having a chord which bears, South 48°59'58" West, 7.49 feet;
thence North 58'3449" West, 37.87'. to a point on the line common to Parcels A and
B, as shown on said recorded survey No. 6502;
thence along said line, North 89.4448" East, 57.00' to the POINT OF BEGINNING.
Containing 756 square feet, more or less. NpL LANp�G
SCHEDULE 2 — Page 1 of 1