HomeMy WebLinkAboutFluid Estates Cross Access Agreement V1E IDI� 11
APPROVED
DA E: 04/05/22
:I,E`UMERFPS-2OD09Btov:vaa...a.b
HALL ANGELL & ASSOCIATES, LLP
1075 S. UTAH AVE, STE 150
IDAHO FALLS, ID 83402
ADA COUNTY RECORDER Phil McGrane 2022-026698
BOISE IDAHO Pgs=13 NIKOLA OLSON 03/16/2022 02:57 PM
HALL ANGELL & ASSOCIATES AMOUNT:$46.00
1111111111111111111111111111111111111111111111111
01133834202200266980130136
FOR RECORDING INFORMATION
EASEMENT AGREEMENT
This Easement Agreement (this "Agreement") is made effective this y day of March
2022, by and between the McCloskey GST Exempt Bypass Trust under the McCloskey Family
Trust Agreement dated Mary 24, 2007 (hereinafter "McCloskey Trust"), and Fluid Real Estate
Investments, LLC, an Idaho limited liability company, dealing in its sole property, whose
address is 2880 E. 141h N. Ammon, ID 83401 (hereinafter "Fluid"). The McCloskey Trust and
Fluid are hereinafter sometimes collectively referred to as the "Parties" and individually referred
to as a "Party."
RECITALS
A. The McCloskey Trust is the owner of real property located in Ada County, Idaho,
more specifically described in Exhibit A, attached hereto and incorporated herein ("McCloskey
Trust Property").
B. Fluid is the owner of real property located in Ada County, Idaho more specifically
described in Exhibit B, attached hereto and incorporated herein ("Fluid Property") The Fluid
Property is adjacent to the McCloskey Trust Property.
C. The Parties desire to grant reciprocal easements to each other for ingress/egress
and parking subject to the terns and conditions set forth below.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, and in consideration of the terms of this Agreement, the recitals
above, which are incorporated below as if set forth in full herein, and the premises and the
mutual undertakings and agreements hereinafter contained, the Parties agree to the following
grants, conveyances, covenants, and restrictions as follows:
ARTICLE I
EASEMENTS
1.1 Ingress and Egress. Each Party, as grantor, hereby grants to the other party, its
respective tenants, contractors, employees, agents, Iicensees, and invitees, and the subtenants,
contractors, employees, agents, licensees, and invitees of such tenants, for the benefit of each
EASEMENT AGREEMENT — Page 1
E IDI� 11
APPROVED
DAT 04ro6/22
,E •;Ui.IBLR. FPS-z�z2-9 elonging to the other Party, as grantee, a nonexclusive easement for ingress and egress
tiular and pedestrian traffic upon, over, and across the grantor's parcel. The reciprocal
right of ingress and egress set forth in this section shall apply to areas identified on the map and
described in the legal descriptions set forth in Exhibit C (hereinafter "Easement Parcel"),
attached hereto and incorporated herein.
1.2 Parking. Each Party, as grantor, hereby grants to the other party, its respective
tenants, contractors, employees, agents, licensees, and invitees, and the subtenants, contractors,
employees, agents, licensees, and invitees of such tenants, for the benefit of each Parcel
belonging to the other Party, as grantee, a nonexclusive easement for parking vehicles upon,
over, and across the grantor's property.
ARTICLE Il
Taxes and Maintenance
2.1 Taxes and Utilities. Each Party shall be obligated to pay when due all real estate
and other taxes and assessments, and all utility expenses serving their respective property.
2.2 Maintenance of Easement Parcel. Each Party shall pave and repair, and at all
times maintain in good condition and provide Maintenance, as hereinafter defined, on the
Easement Parcel located on their respective property; provided, however, grantee shall be liable
to reimburse grantor for the portion of which maintenance is caused by, relating to, or arising
from grantee's use of the Easement Parcel. "Maintenance" of the easement parcel shall include,
without limitation: (a) maintenance, repair and replacement of the surface and subsurface of the
Easement Parcel, as necessary, to maintain the Easement Parcel in a level, smooth and evenly
covered condition with the types of materials and at the same grade and elevation as existing on
the date of this Agreement; and (b) removal from the Easement Parcel of paper, rubbish, debris,
ice, snow and other hazards to persons using the Easement Parcel, and washing or thoroughly
sweeping paved areas as required.
2.3 Mediation in the Event of Failure to Agee. In the event a disagreement arises
between the Parties relating to the Easement Parcel or this Agreement, either Party may demand
mediation (the "Requesting Party") and shall give written notice to that effect to the other Party
(the "Responding Party"). Within ten (10) days after delivery of such notice, the Parties shall
select a mediator. Each Party shall pay one-half (1 /2) of the fees and expenses of the mediator. If
the result of such mediation is unsatisfactory to either Party, then any Party may avail itself of
any legal or equitable remedy available to it under Idaho law.
ARTICLE III
ADDITIONAL OBLIGATIONS OF THE PARTIES
3.1 PaN ment for Easement. Upon recordation of this Agreement, Each Party shall
pay to the other Party the sum of One Dollar ($1.00) (the "Easement Payment") for the
easements set forth in this Agreement. The Parties agree that the Easement Payment is fair and
sufficient consideration for the other Party's use of the Easement Parcel at all times before and
after the date of this Agreement.
EASEMENT AGREEMENT — Page 2
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APPROVED
DAT 04ro6/22
ARTICLE IV
GENERAL PROVISIONS
4.1 Entire Agreement. This Agreement contains the entire agreement between the
Parties hereto and supersedes all prior agreements or negotiations, oral or written with respect to
the subject matter hereof.
4.2 Binding on Successors. This Agreement and easements created herein, and the
benefits and burdens shall run with the land, and are binding upon and inure to the benefit of the
Parties and the Parties' successors, assigns, heirs, personal representatives, executors, purchasers,
or transferees of any kind.
4.3 Termination and Covenant Liabilit-. Whenever a transfer of ownership of
either Parties Property, as the case may be, or any portion thereof, occurs, to the extent of the
portion transferred, the liability hereunder of the transferor for breach of covenant occurring
thereafter automatically shall terminate and the transferee shall become liable for the covenants
and obligations herein provided from and after such transfer of ownership.
4.4 Indemnification. Each Party and each Party's successors and assigns, by
accepting a deed to Grantor's Property and/or Grantee's Property, hereby agrees to indemnify,
defend and hold the other Party and the other Party's successors and assigns harmless from and
against any and all liabilities, penalties, losses, damages, costs and expenses (including
reasonable costs and attorneys' fees), causes of action, claims, demands, and/or judgments (a)
relating to this Agreement, and/or (b) for injury to or death of any person or damage to or
destruction of any property occurring within the Easement Parcel as a result of any act or
omission of the indemnifying party.
4.5 Remedies. In the event of a breach hereunder by any Party, the non -breaching
Party shall have all remedies available at law or in equity, including the availability of injunctive
relief.
4.6 Severabilitv. If any term or provision of this Agreement, to any extent, shall be
held invalid or unenforceable, the remaining terms and provisions hereof shall not be affected
thereby, but each such remaining term and provision shall be valid and enforced to the fullest
extent permitted by law.
4.7 Attorney Fees. In the event a Party initiates or defends any legal action or
proceeding in any way connected with this Agreement, the prevailing Party in any such action or
proceeding (in addition to any other relief which may be granted, whether legal or equitable),
shall be entitled to recover from the losing Party in any such action or proceeding the prevailing
Party's reasonable costs and attorney fees, including the same with respect to an appeal. All
such costs and attorney fees shall be deemed to have accrued on commencement of any legal
action or proceeding and shall be enforceable whether or not such legal action or proceeding is
prosecuted to judgment.
4.8 Applicable Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Idaho.
EASEMENT AGREEMENT - Page 3
�E IDIAN>
APPROVED
DATE: 04/05/22
PLENUMBER: FPS-202-W9 4.9 Counterparts. This Agreement may be executed in counterparts, each part being
[red an original document, all parts being but one document.
4.10 Representation bv Counsel. Each Party has been represented by counsel or has
had the opportunity to review this Agreement with counsel, and each Party knowingly and
voluntarily enters into this Agreement. All provisions herein shall be construed by their plain
meaning, and not for or against either Party.
4.11 AbilitA to Bind. Each Party represents and guarantees by signing this instrument
that they are agents for and have the ability to legally bind the respective Parties to this
agreement.
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed
the day and year first written above.
McCloskey GST Exempt Bypass Trust under the McCloskey Family Trust Agreement dated
May 24, 2007
By: Name: �1nbS
Title:
Date: - -I XLCI& Zo�zZ
STATE OF IDAHO
ss.
County of Bonneville
On this q}h day of March, 2022, before me, the undersigned, a Notary Public in and for
said State, personally appeared KewIt1c c.lo to me known to be an authorized
representative of MCCLOSKEY GST EXEMPT EIYPASS TRUST, the Trust that
executed the foregoing instrument, and acknowledged to me that the said instrument is the
free and voluntary act and deed of said Trust, for the uses and purposes therein mentioned,
and on oath stated that he is authorized to execute the said instrument.
WITNESS MY HAND and official seal hereto affixed the day, month and year in this
certificate first above written.
My commission expires: 3 - Z(o - 2':1,
Notary Public in and for the State of
Idaho, Residing at 'I%% N tllOwn, Idaho
ANTHONY PINA
Notary Public State of Wahc
Conm�iseion Number 20211499
MY:ion Expires Mar 26, 2027
EASEMENT AGREEMENT - Page 4
L
eal Estate Investments, LLC
ho limited liability company
By:
Title:
ef Z(-
Date:
- ��� Z 0 Z 2
STATE OF IDAHO )
) :ss.
County of Bonneville )
Name:
P(c w
On this Lt* day of March, 2022, before me, the undersigned, a Notary Public in and for
said State, personally appeared Fri(- W#-1k to me known to be an authorized
representative of FLUID REAL ESTATE INVESTMENTS, LLC, an Idaho limited
liability company, the company that executed the foregoing instrument, and acknowledged
to me that the said instrument is the free and voluntary act and deed of said limited liability
company, for the uses and purposes therein mentioned, and on oath stated that he is
authorized to execute the said instrument.
WITNESS MY HAND and official seal hereto affixed the day, month and year in this
certificate first above written.
y co
sion expires: Z _
Notary Public in and for tAte'of
Idaho, Residing at vsllIdaho
CvunW4A
KELSEY M. HUSTON
COMMISSION NO. 20204328
NOTARY PUBLIC
STATE OF IDAHO
[MY COMMISSION EXPIRES 11/5l2026
List of Exhibits:
Exhibit A - Legal Description of McCloskey Trust Property
Exhibit B - Legal Description of the Fluid Property
Exhibit C - Map and Legal Description of Easement Parcel
EASEMENT AGREEMENT - Page 5
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APPROVED
DAT 04ro6/22
EXHIBIT A
LEGAL DESCRIPTION OF MCCLOSKEY TRUST PROPERTY
See Attached Proposed Lot 1.
EASEMENT AGREEMENT - Page 6
(E IDIAN
APPROVED
DATE: 04/05/22
FILENUMBER:FPS� 2F° IDAHO 9955 W Emerald St
SURVEY Boise, ID 83704
GROUP Phone: (208) 846-8570
Fax: (208) 894-5399
Proposed Lot 1 Block 1
Fluid Estates Subdivision
Boundary Description
Project Number 21-426 January 25, 2022
A portion of lot 2 in Block 25 of Bridgetower Crossing Subdivision No. 7, according to the plat
thereof, filed in Book 92 of Plats at pages 10918 to 10919, records of Ada County, Idaho,
situated in the northwest quarter of the northwest quarter of Section 35, Township 4 North,
Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly
described as follows:
Commencing at the northwest comer of Section 35, Township 4 North, Range 1 West, Boise
Meridian, from which, the west quarter -section corner of Section 35 bears S00'53'19"W,
2631.05 feet,
Thence S88°58'19"E, 284.16 feet along the north line of the northwest quarter of Section 35;
Thence S01°01'41"W, 25.00 feet to the northeast corner of Lot 2 in Block 25 of Bridgewater
Crossing Subdivision No. 7, the POINT OF BEGINNING:
Thence continuing S01TI'41"W, 213.83 feet along the boundary of Lot 2;
Thence N88'58'19"W, 236.96 feet to the boundary of Lot 2;
Thence N06°35'57"E, 33.99 feet along the boundary of Lot 2;
Thence NOO'53'19"E, 75.81 feet along the boundary of Lot 2;
Thence N45"57'30"E,140.10 feet along the boundary of Lot 2;
Thence S88°58'19"E, 75.81 feet along the boundary of Lot 2;
Thence N85"19'03"E, 50.25 feet along the boundary of Lot 2;
Thence S88"58'19"E, 9.08 feet along the boundary of Lot 2 to the POINT OF BEGINNING.
The above -described parcel contains 1.01 acres, more or less.
Page 1 of I
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APPROVED
DAT 04ro6/22
EXHIBIT B
LEGAL DESCRIPTION OF THE FLUID PROPERTY
See Attached Proposed Lot 2 and Proposed Lot 3.
EASEMENT AGREEMENT - Page 7
(E IDIAN -
APPROVED
DATE: 04/05/22
FILE NUMBER: FPS -zo 2Fn I DAH O 9955 W Emerald St
SURVEY Boise, ID 83704
Ish GROUP Phone: (208) 84 -8570
Fax: (208)884-5399
Proposed lot 2 Block 1
Fluid Estates Subdivision
Boundary Description
Project Number 21-426 January 25, 2022
A portion of Lot 2 in Block 25 of Bridgetower Crossing Subdivision No. 7, according to the plat
thereof, filed in Book 92 of Plats at pages 10918 to 10919, records of Ada County, Idaho,
situated in the northwest quarter of the northwest quarter of Section 35, Township 4 North,
Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly
described as follows:
Commencing at the northwest corner of Section 35, Township 4 North, Range 1 West, Boise
Meridian, from which, the west quarter -section corner of Section 35 bears S00°53'19"W,
2631.05 feet;
Thence S88°58'19"E, 284.16 feet along the north line of the northwest quarter of Section 35;
Thence 501*01'41"W, 25.00 feet to the northeast corner of Lot 2 in Block 25 of Bridgewater
Crossing Subdivision No. 7;
Thence continuing S01*01'41"W, 213.83 feet along the boundary of tot 2 to the POINT OF
BEGINNING:
Thence continuing S01*01'41"W, 64.13 feet along the boundary of Lot 2;
Thence N88'58'19"W, 29.50 feet;
Thence S01*01'50" W,13.15 feet;
Thence N88°58'19"W, 213.89 feet to the boundary of Lot 2;
Thence N00°53'19"E,11.10 feet along the boundary of Lot 2;
Thence N06"35'57"E, 66.51 feet along the boundary of Lot 2;
Thence S88°58'19"E, 236.96 feet to the POINT OF BEGINNING.
The above -described parcel contains 0.42 acres, more or less.
PTA
11334
s
Page l of 1 �i qlf 4F �oP
(E IDIAN -
APPROVED
DATE: 04/05/22
FILE NUMBER: FPS -zo 21— IDAHO 9955 W Emerald St
SURVEY Boise, ID 83704
11b
GROUP Phone: (208) 846-8570
Fax: (208)884-5399
Proposed Lot 3 Block 1
Fluid Estates Subdivision
Boundary Description
Project Number 21-426 January 25, 2022
A portion of Lot 2 in Block 25 of Bridgetower Crossing Subdivision No. 7, according to the plat
thereof, filed in Book 92 of Plats at pages 10918 to 10919, records of Ada County, Idaho,
situated in the northwest quarter of the northwest quarter of Section 35, Township 4 North,
Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly
described as follows:
Commencing at the northwest corner of Section 35, Township 4 North, Range 1 West, Boise
Meridian, from which, the west quarter -section corner of Section 35 bears S00'53'19"W,
2631.05 feet;
Thence 588"58'19"E, 284.16 feet along the north line of the northwest quarter of Section 35;
Thence S01"03'41"W, 25.00 feet to the northeast corner of Lot 2 in Block 25 of Bridgewater
Crossing Subdivision No. 7;
Thence continuing 501001'41"W, 277.96 feet along the boundary of Lot 2 to the POINT OF
BEGINNING:
Thence S01'01'41"W, 120.00 feet along the boundary of Lot 2;
Thence 60.71 feet on a non -tangent curve to the left, having a radius of 325.00 feet, a
central angle of 10'42'08", chord bearing of N83'4537"W, and a chord length of 60.62
feet, along the boundary of Lot 2;
Thence N89'06'41"W,157.77 feet along the boundary of Lot 2;
Thence N44'06'41"W, 35.36 feet along the boundary of Lot 2;
Thence N00'53'19"E, 76.78 feet along the boundary of Lot 2;
Thence S88'58'19"E, 213.89 feet;
Thence N01001'50"E,13.15 feet;
Thence S88'58'19"E, 29.50 feet to the POINT OF BEGINNING.
The above -described parcel contains 0.57 acres, more or less.
Page 1 of 1
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APPROVED
DAT 04ro6/22
EXHIBIT C
MAP AND LEGAL DESCRIPTION OF EASEMENT PARCEL
See Attached Cross -Access Easement.
EASEMENT AGREEMENT - Page 8
(E IDIAN -
APPROVED
DATE: 04/05/22
FILE NUMBER: FPS--21- AHO
RVEY
GROUP
9955 W Emerald St
Boise, ID 83704
Phone: (208) 846-8570
Fax: (208)884-5399
Fluid Estates Subdivision
Goss -Access Easement
Boundary Description
Project Number 21-426 December 27, 2021
An easement situated in Lot 2 in Block 25 of Bridgewater Crossing Subdivision No. 4 (Book 92 of Plats at
Pages 20918 & 10919, records of Ada County, Idaho) in the northwest quarter of the northwest
quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County,
Idaho, and being more particularly described as follows:
Commencing at the northwest corner of Section 35, Township 4 North, Range i West, Boise Meridian;
Thence S88658'19"E, 284.16 feet along the north line of the northwest quarter of Section 35;
Thence S01°01'41"W, 25.00 feet to a 5/8 inch iron pin marking the northeast corner of Lot 2 in Block 25
of Bridgewater Crossing Subdivision No. 7;
Thence S01*01'39"W, 76.33 feet along the boundary of Lot 2 to a 5/8 inch iron pin marking the
centerline end of the existing Access Easement (Instrument Number 2019-035442, records of Ada
County, Idaho), the POINT OF BEGINNING:
25.0 feet wide,12.50 feet on each side of the following described centerline:
Thence N88`50'07"W, 40.00 feet;
24.0 feet wide,12.00 feet on each side of the following described centerline:
Thence 501*01'41"W, 101.00 feet;
Thence S14"58'54"E, 38.09 feet;
Thence S01"01'50"W, 64.13 feet;
Thence continuing S01"O1'500W, 13.15 feet;
Thence continuing S01"Ol'SO IN, 65.73 feet;
Thence S78°05'56"E, 30.04 feet to a 5/8 inch iron pin marking the centerline end of the
aforementioned existing Access Easement, the POINT OF ENDING.
The above -described easement contains 8,491 square feet, more or less.
The sidelines of the above -described easement shall extend or contract to form a closed figure and to
close upon the boundary of Lot 2 at the POINT OF BEGINNING and POINT OF ENDING.
.y
J
334
s -7-
Page 1 of 1 �j qtf 0F ��
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DA EI 04/05/22
- - _ S88'58'1_9"E W.McMillan Rd.
284.16'- S0101'41`W-,,,:-
25.00'
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ap I I 1 Beginning
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24L_ f t Lot 3, Block 25,
_ I < I i B'ridgetewer Crossing
Lot 2, Block 25, ( Subdivision No. 7
Bridgetower Crossing 14 � �S14'58'54"E
Subdivision. No. 7 2 % t 38,08, ,
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LegendAlum'
Q Calculated lPoint Tie Line num Cup Section Line L{�Nl-
Scale: 1 "=60'
Q 5/8' Iron Pin Lot Line
Center Line
C Easement Corner A — A Existing Access Easement Line 0 10 30 60 120
-----u-----u- Cross -Access Easement Line
. Wd4cio SUWOOm Lot 2 Plat 21-4M\e"9\21-4Z6 Gal, A— E--Ldwg 12/27/2021 9:5B5o AM
IDAHO Exhibit Drawing Job No.
21-426
ekW l�AWS Fluid Estates Subdivision Cross —Access Easement
SURVEY SO , A40W eT.
iMao»o Situated in Lot 2. Block 25, Bridgewater Crossing Subdlvtslcn No. 7, 1
GROUP, LLC j in the northwest quarter of the northwest quarter of Section 35, o
T•4N., RAW., B.M., City of Meridian. Ada County, Idaho �12 7 2021 i
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1
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APPROVED
DA E: 04ro6/22
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