HomeMy WebLinkAboutIngress-Egress Easement Agreement 3-7-2022 V1(E IDIAN -
APPROVED
DATE: 07/26/22
FILENUMBEF•A-2022 M
ADA COUNTY RECORDER Phil McGrane 2022.023123
B015E IDAHO Pgs=11 BONNIE OBERBILLIG 03/07/2022 10:58 AM
BLODGETT LLC AMOUNT:$40.00
11111111111111111111111111111111111111111 11111 III
01129729202200231230110110
INGRESS/EGRESS EASEMENT AND AGREEMENT
This Agreement, made this llth day of February, 2022, by Glenbrook West, LLC, an
Idaho limited liability company, (collectively referred to herein as "Owner/Grantor"), and
Blodgett, LLC (Owner/Grantee) for and in consideration of fine mutual covenants contained
herein, the parties recite and agree as follows:
1. PARTIES.
a. Glenbrook West, LLC owns the following lot and related improvements, having a
legal description as follows:
Lot 6 Block 1 Knighthill Center Subdivision #2.
The foregoing property is commonly known as the Dollar Tree Store.
b. Blodgett, LLC owns the following lot and related improvements, having a legal
description as follow:
Lot 41 Block 49 of Lochsa Falls Subdivision #12.
The foregoing property will be commonly known as the Budget Blinds Store.
2. , SUBJ!kCT MATTER OF AGREEMENT.
\The subject matter of this Agreement is a mutual access for pedestrian and vehicular
purposes and_related improvements, having a legal description as follows:
Exhibits A and B attached
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APPROVED
MTL. 07/26/22 ENT FOR INGRESS AND EGRESS.
HU NUMBER A-2022-0063
lenbrook West LLC, (Grantor), hereby grants to Blodgett, LLC, (Grantee) their
respective tenants, contractors, employees, agents, customers, licensees and invitees, and the
subtenants, contractors, employees, agents, customers, licensees and invitees of such tenants, for
the benefit of Blodgett, LLC as Grantees, a nonexclusive easement for ingress and egress by
vehicular and pedestrian traffic upon, over and across that portion which is described in Exhibit
A and depicted in Exhibit B.
4. EASEMENT AREA IMPROVEMENTS AND MAINTENANCE.
Blodgett, LLC shall be responsible, at no cost to Glenbrook West, LLC, for installing and
maintaining that portion described in the Easement Legal Description in a first-class condition,
including, without limitation, installing an ingress/egress access in the NW corner of Lot 6 Block
1 Knighthill Center Subdivision #2, onto Lot 41 Block 49 Lochsa Falls #12, maintenance of all
landscaping, sprinkler lines, concrete curbs, asphalt, drainage facilities, striping and lighting
(striping and lighting if necessary). Removing the boundary fence on the South side of Everest
Lane, and creating a more user-friendly intersection at Everest Lane. All improvements shall
conform with all Meridian City code requirements.
5. REAL PROPERTY TAXES AND ASSESSMENTS.
The Owner of each Parcel shall pay directly to the tax assessor when due all real property
taxes amid other assessments assessed against the Owner's respective Parcel.
6. MODIFICATION OF IMPROVEMENTS.
No Owner shall make any improvements or construct new improvements with reference
to the easement area which would result in the impairment of the rights of ingress and egress
granted under this Agreement, except upon the prior written consent of all Owners.
l 7. GENERAL PROVISIONS.
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APPROVED
DATE: 07/26/22
flUf NUMBER: A-2D22 a
.1. Covenants Run With the Land. Each restriction on each Parcel shall be a
that Parcel, shall be appurtenant to and for the benefit of the other Parcels and each
part thereof and shall run with the land.
7.1.2. Successors and Assigns. This Agreement and the restrictions created hereby
shall inure to the benefit of and be binding upon the Owners, their heirs, personal representatives,
successors and assigns, and upon any person acquiring a Parcel, or any portion thereof, or any
interest therein, whether by operation of law or otherwise; provided, however, that if any Owner
sells all or any portion of its interest in any Parcel, such Owner shall thereupon be released and
discharged from any and all obligations as Owner in connection with the property sold by it
arising under this Agreement after the sale and conveyance of title but shall remain liable for all
obligations arising under this Agreement prior to the sale and conveyance of title. The new
Owner of any such Parcel or any portion thereof (including, without limitation, any Owner who
acquires its interest by foreclosure, trustee's sale or otherwise) shall be liable for all obligations
arising under: this Agreement with respect to such Parcel or portion thereof after the date of sale
and conveyance of title.
7.1.3. Duration. The term of this Agreement shall be perpetual from the date hereof.
7.1.4. Injunctive Relief. In the event of any violation or threatened violation by any
person of any of the Restrictions contained in this Agreement, any or all of the Owners of Parcels
included shall have the right to enjoin such violation or threatened violation in a court of
competent jurisdiction. The right of injunction shall be in addition to all other remedies set forth
in this Agreement or provided by law.
7.1.5. Modification and Termination. This Agreement may not be modified in any
respect whatsoever or terminated, in whole or in part, except with the consent of all Owners at
*
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APPROVED of such modification or termination, and then only by written instrument duly executed
DATE: 07/26/22
FILE NUMBEB:A-zozz- M lowledged by the Owners and recorded in the Ada County recorder's office;
7.1.6. Breach Shall Not Permit Termination. It is expressly agreed that no breach of
this Agreement shall entitle any Owner to terminate this Agreement, but such limitation shall not
affect in any manner any other rights or remedies which such Owner may have hereunder by
reason of any breach of this Agreement.
7.1.7. Notices.
All notices given pursuant to this Agreement shall be in writing and shall be given by
personal delivery or by United States mail or other established express delivery service, postage
or delivery charges prepaid, addressed to the person and address shown on the then current real
property tax rolls for Ada County as the Owner of the Parcel to which the notice is sent.
1.1.8. Waiver. The failure of a person to insist upon strict performance of any of the
restrictions contained herein shall not be deemed a waiver of any rights or remedies that said
person may have, and shall not be deemed a waiver of any subsequent breach or default in the
performance of any of the restrictions contained herein by the same or any other person.
7.1.9. Attorneys' Fees. In the event any person initiates or defends any legal action or
proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any
such action or proceeding shall be entitled to recover from the losing party in any such action or
proceeding its reasonable costs and attorneys' and paralegal's fees (including its reasonable costs
and a�orneys' and paralegal's fees on any appeal).
7.1.10. Severability. If any term or provision of this Agreement or the application of it
to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of
this Agreement or the application of such term or provision to persons or circumstances, other
than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term
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APPROVED ision of this Agreement shall be valid and shall be enforced to the extent permitted by
DATE: 07/26/22
FILE NUMBEkA-2022 M
7.1.11. Not a Partnership. The provisions of this Agreement are not intended to create,
nor shall they be in any way interpreted or construed to create, a joint venture, partnership, or
any other similar relationship between the parties.
7.1.12. Third -Party Beneficiary Rights. This Agreement is not intended to create, nor
shall it be in any way interpreted or construed to create, any third -party beneficiary rights in any
person not a party hereto unless otherwise expressly provided herein.
7.1.13. Captions and Headings. The captions and headings in this Agreement are for
reference only and shall not be deemed to define or limit the scope or intent of any of the terms,
.I,
covenants;' conditions or agreements contained herein.
1.1.14. Entire Agreement. This Agreement contains the entire agreement between the
parties hereto and supersedes all prior agreements, oral or written, with respect to the subject
matter hereof. The provisions of this Agreement shall be construed as a whole and not strictly
for or against any party.
7.1.15. Construction. In construing the provisions of this Agreement and whenever the
context so requires, the use of a gender shall include all other genders, the use of the singular
shall include the plural, and the use of the plural shall include the singular.
7.1.16. Joint and Several Obligations. In the event any party hereto is composed of
more than one person, the obligations of said parry shall be joint and several.
7.4.17. Recordation. This Agreement shall be recorded in the office of the recorder of
the Ada County. .
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(E IDI� I.�1\
APPROVED
DATE: 07/26/22
FILE NUMBER:^- O -OMa
as of the day and year first above written.
Glenbrook West, LLC;
an Idaho limited liability company
By:it4-
Lita
West
Its: Managing Member
LE
Blodgett, LLC
an Idaho limited liability company
G
Quent Blodgett
Its: Managing Member
�w
e,
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(E IDIAN —
APPROVED
DATE: 07/26/22
FILE NUMBEF•A-2022 M
IDAHO
COUNTY OF ADA
ss
)
On this day ofe , 2022, before me, the undersigned, a _
Notary Public in and for said State, perso appeared Lita West, to me known to be the A.
Managing Member of Glenbrook W , LC, the limited liability company that executed the
foregoing instrument, >dac edged to me that the said instrument is the free and voluntary
act and deed of said LIr the uses and purposes therein mentioned, and on oath stated that he
is authorized to ex e the said instrument.
3NESS MY HAND and official seal hereto affixed the day, month and year in this
first above written.
Notary Public for Idaho
Residing at
My Commission Expires:
STATE OF IDAHO )
ss
COUNTY OF ADA )
On this day of r ni(Ari 2022, before me, the undersigned, a
Notary Public in and for said State, personally appeared Quent Blodgett, to me known to be the
Managing Member of Blodgett, LLC, the limited liability company that executed the foregoing
_ instrument, and acknowledged to me that the said instrument is the free and voluntary act and
deed of said LLC, 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.
BRIAN POKE
Commission No. 68678 Notary Pu 1C Or daho r-
Notary Public, state of Idaho Vs�
My Commiasiort Exoires Oct. 19, 2022 Residing at Mai
My Commission Expires:r�
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CUEIDR IAy
APPROVED
DATE: 07/26/22
FILE NUMBER: -0210M
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document:
State of California
County of Santa Barbara
On V P�4 3 r 2 2Z before me, Alicia Reyes, Notary Public
(insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed, the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. Signatu (Seal)
*my
ALICIAM. REYES
Notary Public - California
Santa Barbara County
Commission # 2359482
Comm. Expires May 29, 2025 +
(E IDIAN -
APPROVED
DATE: 07/26/22
FILE NUMBEF•A-2022 M
Exhibit A
A parcel ofland for a Cross Access Easement over a portion of Lot 6, Block 1 of Knighthill
Center Subdivision
No. 2 (Book I I I of Plats, Pages 16115-16117), situated in the Northeast 1/4 of the Northeast
1/4 of Section 26, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada
County, Idaho and being more particularly described as follows:
Commencing at a found 1/2-inch rebar marking the Northeast corner of Lot 41, Block 49 of
Lochsa Falls Subdivision No. 12 (Book 92 of Plats, Pages 10958-10960), which bears
N00021'08"E a distance of 310.13 feet from the Southeast corner of said Lot 41, said Southeast
corner of Lot 41 being witnessed by a found 1/2-inch rebar which bears N0002 F08"E a
distance of 1.00 feet;
Thence following the easterly boundary line of said Lot 41, S00021'08"W a distance of 205.99
feet to a found 1/2-inch rebar marking the Northwest corner of said Knighthill Center
Subdivision No. 2 and being the POINT OF BEGINNING.
Thence leaving said easterly boundary line and following the northerly boundary line of said
Knighthill Center Subdivision No. 2, N89059'53 "E a distance of 7.00 feet to the westerly line
of an existing Cross Access Easement as described per Instrument No. 2014-102385;
Thence leaving said northerly subdivision boundary line and following said westerly
easement line, S00021'08"W a distance of 48.46 feet;
Thence leaving said westerly easement line, N89038'52"W a distance of 7.00 feet to the
westerly boundary line of said Knighthill Center Subdivision No. 2;
Thence following said westerly subdivision boundary line, N00021'08"E a distance of 48.41
feet to the POINT OF BEGINNING.
Said parcel contains 339 square feet, more or less, and is subject to all existing easements
and/or rights -of -way of record or implied.
All subdivisions, deeds, records of surveys, and other instruments of record referenced herein
are recorded documents of the county in which these described lands are situated in.
Attasbed hereto is Exhibit B and by this reference is made a part hereof.
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CUEIDR IAy
APPROVED
DATE: 07/26/22
FILE NUMBER: ^-20210M
ACCESS EASEMENT.DWG, BILL
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APPROVED
i�
DATE 07/26/22
FRG RUM A-20-OM
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m Exhibit B
O Cross Access Easement
'T'1
~' A portion Lot 6, Block 1 of Knighthill Center Subdivision No. 2, in the NE 1/4
of the NE 1/4 of Section 26, T.4N., RAW., B.M., City of Meridian, Ada County,
ID
7.00
n89059'53"e
189038'52"w
700
a
Title: Date: 01-05-2022
Scale: 1 inch 10 feet File:
Tract]: 0.008 Acres: 339 Sq Feet.- Closure-n01.2926e 0.01 Feet: Precision=1/16469: Perimeter- Feet
00I-n89.5953e 7.00 003-n89.3852w 7.00 002-soo.2108w 48.46 004-nOO.2108e
48.41
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