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Home My WebLink AboutPZ - Recorded Access Easement Agreement ADA COUNTY RECORDER Phil McGrane 2022-004508 BOISE IDAHO Pgs=7 NIKOLA OLSON 01/13/2022 12:24 PM NAYLOR&HALES AMOUNT:$28.00 1111111111111111111111111111111111111111111111111 01109477202200045080070075 ACCESS EASEMENT AGREEMENT This Easement Agreement is made and entered into this I () day of January,2022,by and between CAROLEE FUSSELMAN, a single woman residing in Meridian, Idaho (hereinafter referred to as "Fusselman"), and JAYO HOLDINGS LLC, an Idaho limited liability company (hereinafter referred as "Jayo"). WITNESSETH: WHEREAS, Fusselman owns the real property located at 1303 NW 4th Street, Meridian, Idaho and more particularly described in Exhibit A attached hereto and incorporated by this reference (herein after described as "Parcel A"); WHEREAS, Jayo owns the real property described as lots 16, 17 and 19 of the Cherry Blossom Subdivision, which lots are more particularly described in Exhibit B attached hereto and incorporated by this reference (hereinafter described as"Parcel B"); and WHEREAS,Parcel A was conveyed to Fusselman subject to a"30 foot road right-of-way on the East and South"to facilitate access to Parcel B which is adjacent to Parcel A. WHEREAS,Fusselman has agreed to confirm,clarify and otherwise grant Jayo a perpetual easement of 20 feet in width across the southernly boundary of Parcel A,to allow access from NW 4th Street, Meridian, Idaho to connect to Parcel B. NOW, THEREFORE, in consideration of the premises and mutual covenants, the parties agree as follows: 1. Access Easement. Fusselman, for good and valuable consideration, receipt of which is acknowledged,does hereby grant and convey to Jayo and its successors and assigns("Owners")and their agents and invitees, a nonexclusive perpetual right, privilege and easement appurtenant to Parcel B over that portion of Parcel A depicted in Exhibit C and described in Exhibit D(the"Access Easement")for private and commercial vehicular or pedestrian access, ingress and egress on, over, across and through the drive lanes located on Parcel A as a burden on and encumbrance to Parcel A. Jayo and its successors and assigns shall use reasonable care and diligence in protecting the land and property of Parcel A covered by and used in connection with the Access Easement and will not intentionally or unreasonably materially interfere with the reasonable enjoyment of the servient estate or use of the Access Easement.Jayo,its successors and assigns shall further have the right and privilege to use the easement for commercial vehicle access in the development and improvement of Parcel B,including installation of utilities,sidewalks,landscaping and any other improvement which may be required by any governmental entity to allow development of Parcel B at Jayo's cost and expense. 2. Maintenance.Fusselman and Jayo agree that the costs and expenses of maintaining the Access Easement in good repair shall be sole responsibility of the Owners of Parcel B. Repairs and ACCESS EASEMENT AGREEMENT- 1. maintenance to be undertaken and performed under this Agreement shall include,but not be limited to,repair and replacement of pavement material,and snow removal. The parties may subsequently adjust by mutually executed written agreement each parcel owner's responsibility for the costs and expenses of maintaining and repairing the Access Easement based upon respective use thereof, including the amount of the Access Easement utilized and the nature ofthe use(including the type of vehicles; and the average amount of traffic going to and from each Parcel). 3. Reservation of Use.No building or other structure or obstruction shall be permitted or maintained within the Access Easement,nor shall the grade of the Access Easement be altered so as to materially interfere with the use of the Access Easement as contemplated in this Agreement, except that paving, curbing, striping, landscaping, light poles,and signage or similar easily moved improvements that do not materially interfere with the use of the Access Easement described in this Agreement shall be permitted. 4. Covenants Runnin6 with Land. The rights, agreements, duties, obligations, and easement set forth in this Agreement shall run with the land, binding upon and benefiting and burdening the owners of Parcel A and B, and their successors, assigns and legal representatives as set forth in this Agreement. Any transferee of any portion of the Parcel A or B shall automatically be deemed, by acceptance of the title to such property, to have assumed all obligations of this agreement relating to said real property to the extent of such transferee's interest in the transferred portion of the said real property,and the transferor shall upon completion of such transfer be relieved of all further liability under this Declaration except liability with respect to matters that may have arisen during its period of ownership, if any. 5. No Merger. There shall be no merger of the Access Easement granted, established, and created by this Agreement with the fee estate of any party,by reason of the fact that Fusselman,Jayo or their successors or assigns may own or hold(a)the estate or interest in both Parcel A and B;and no such merger shall occur until such parties and such owner or owners,as the case may be,execute a written statement or instrument affecting such merger and shall duly record the same. 6. Modifications/Amendments.This agreement may be amended,including for purposes of relocation of the Access Easement in whole or part, only by a written instrument executed by: (i) Fusselman or Jayo their successors or assigns and(ii)the holders of all mortgages on any of the real property in Parcel A or B. Responsibility for any costs or expenses resulting from any amendment of this Agreement shall be set out in that written instrument. In the event Jayo is required by any government entity to amend the Easement Agreement to provide for a more concise legal description of the Easement by way of a survey, Fusselman agrees to cooperate with Jayo's survey of the Easement and the amendment of this Easement Agreement's legal description as may be necessary. 7. Notices. Any notice, demand, or request which is required or permitted under this Agreement shall be deemed effective for all purposes under this Agreement when hand delivered in person(including delivery by a reputable courier or air freight company)or posted with the United States Postal Service, certified mail,postage prepaid to the owners of any real property in Parcel A or B, as the case may be, as shown in the real property tax records for Ada County. ACCESS EASEMENT AGREEMENT-2. 8. Governing Law; Severability. The laws of Idaho shall govern this Agreement. Any provision(s)of this Agreement that shall prove to be invalid,void,or illegal shall in no way affect, impair, or invalidate any other provisions of this Agreement. IN WITNESS WHEREOF,Carolee Fusselman and Jayo Holdings LLC have executed this Easement Agreement as of the date set forth above. AROLEE FUSS LMAN JAYO HO GS LC By: Doug Jayo,Manager STATE OF IDAHO ) ss. County of Ada ) On this_day of January,2022,before me,the undersigned,a Notary Public in and for said state, personally appeared CAROLEE FUSSELMAN,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same. ��•••`'��'i�Dj�WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year .•• GA4 Late first above written. �+; ♦G Aesiding Pu for Idaho : .,�; at 01 PUVA' O ,Idaho �'•;°�nm N�;•'•'i'�•`, Commissio xpires: sr/ate AHO �'�•�u�nu••``` )ss. County of Ada ) On this _day of January,2022,before me,the undersigned,a Notary Public in and for said state, personally appeared DOUG JAYO,known to me to be the Manager of Jayo Holdings,LLC,which is the limited liability company that executes this instrument and the person who executed the instrument on behalf of said company, and acknowledged to me that such company 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. JODIE L MOGENSEN COMMISSION#8242 NOTARY PUBLIC ubli for Idaho _ STATE OF IDAHO Residing at ,Idaho MY COMMISSION EXPIRES 10/15/2027 Commission Expir 2� ACCESS EASEMENT AGREEMENT-3. EXHIBIT A A part of the Northeast Quarter of Section 12, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho,more particularly described as follows: BEGINNING at the quarter corner common to Sections 1 and 12 of said Township 3 North, Range 1 West of the Boise Meridian; thence South 89 degrees 51' East along the North section line of said Section 12 a distance of 1391.0 feet to an iron pin;thence South 0 degrees 02' West a distance of 1227.55 feet to the REAL POINT OF BEGINNING; thence South 0 degrees 02' West a distance of 98.8 feet to an iron pin; thence North 89 degrees 50' West a distance of 146.32 feet to a point;thence North 0 degrees 02' East a distance of 98.8 feet to a point; thence South 89 degrees 50' East a distance of 146.32 feet to the REAL POINT OF BEGINNING. Access Easement Agreement—Exhibit A EXHIBIT B An irregular tract in the Northeast Quarter of Section 12, Township 3 North Range 1 West, Boise Meridian, Ada County, Idaho described by metes and bounds as follows: Commencing at the (N) Quarter section Corner common to Sections 12 and 1, Township 3 North, Range I West,Boise Meridian, and proceeding South 89°51' East along the North Boundary of said Section 12, for a distance of 1391.0 feet to a point;thence South 0°02' West for a distance of 1227.55 feet;thence North 89°50' West for a distance of 146.32 feet, to the REAL POINT OF BEGINNING;thence South 0°02' West for a distance of 98.8 feet; thence South 89°50' West for a distance of 277.68 feet to I pipe; thence North 18°05' West along Westerly edge of irrigation ditch for a distance of 103.95 feet to iron pin; thence South 89°50'East for a distance of 310.0 feet to the REAL POINT OF BEGINNING. Access Easement Agreement—Exhibit B EXHIBIT C e g WAY EvA$EMENT , My a� Y a� n a. r '7, MRS f ROM,, _ ti lfr . . ............. lot 1 R"M '41w ........... 7 s r Access Easement Agreement—Exhibit C EXHIBIT D Description of Access Easement The access easement shall be described as: A twenty-foot wide strip of land on the southerly border of Parcel A (described in Exhibit A). The easement shall stretch from NW 411 Street westerly to Parcel B (described in Exhibit B). Access Easement Agreement—Exhibit D