Easement AgreementADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 24.00 E
BOISE IDAHO 01112105 11:36 AM
DEPUTY Vicki Allen III I�II�II'll'II'III'I'll'II'I�III�II
RECORDED -REQUEST OF 105004260
Ronald Van Auker
EASEMENT AGREEMENT
This Easement Agreement (the "Agreement") is entered into by and between
Ronald W. Van Auker, whose address is 3084 East Lanark, Meridian, ID 83642 ("Van
Auker"), and Wrinkleneck Partners, LLC an Idaho Limited Liability Company whose
mailing address is 3084 East Lanark, Merdian, ID 83642 ("Wrinkleneck").
WITNESSETH:
WHEREAS, Van Auker owns a certain 15.01 acre real property located generally at
1495 S. Locust Grove in Meridian, Idaho and depicted as Parcel B on Exhibit A, attached
hereto (the "Van Auker Parcel" or sometimes the "Parcel");
WHEREAS, Wrinkleneck owns the 1.82 acre real property adjoining the Van Auker
Parcel, located at the northwest corner of Sr 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, Van Auker desires to grant to Wrinkleneck a certain non-exclusive
easements of access for ingress and egress.
WHEREAS, Wrinkleneck desires to grant to Van Auker 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, Van Auker and Wrinkleneck hereby adopt
and establish the following covenants and easements which shall be applicable to the Van
Auker Parcel and the Wrinkleneck Parcel (the Van Auker Parcel and Wrinkleneck Parcel
are collectively hereinafter referred to as the "Property'):
1. Van Auker Grant of Access Easement Van Auker hereby grants and
conveys to Wrinkleneck a non-exclusive, perpetual, free and unobstructed easement in
and on the property described on Schedule 1 (the "Van Auker Easement Area") for
ingress and egress of vehicular and pedestrian traffic.
2. Wrinkleneck Grant of Access Easement Wrinkleneck grants and conveys
to Van Auker 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.
3. Agreements With Respect to Easements. Van Auker 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
CROSS ACCESS AGREEMENT — Page 1 of 5
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 Parkina Rights. Neither Van Auker nor Wrinkleneck intend by this
instrument to create any parking easements or parking rights on the Van Auker Parcel, Van
Auker 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 Van Auker Parcel
and the Wrinkleneck Parcel.
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
CROSS ACCESS AGREEMENT — Page 2 of 5
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. Tenn. 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 Understanding. 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 /& day of January, 2005.
STATE OF IDAHO )
) ss:
County of ADA )
On this day of January, 2005, before me, the undersigned, a Notary
Public in and for said State, personally appeared Ronald W. Van Auker known or
identified to me to be the person that executed the foregoing instrument and
acknowledged to me that he executed the same.
IN WITNESS WHEREOF, 1 have hereto set my hand and affixed my official seal
the day and year in this certificate first written.
Nota%ry Public for
kOTA-kY v Residing at .r
My commission expi
CROSS ACCESS AGREEMENT — Page 4 of 5
STATE OF IDAHO )
) ss:
County of Ada
On this /A6- day of January, 2005, before me, the undersigned, a Notary
Public in and for said State, 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. y
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m03'~�pTA�r 'O`o N ry Public for
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CROSS ACCESS AGREEMENT — Page 5 of 5
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SCHEDULE 1
Legal Description
DESCRIPTION FOR MAVRICK STORE OVERLAND & LOCUST GROVE
CROSS ACCESS EASEMENT PARCEL B TO PARCEL A
(NORTH 1/2 OF EASEMENT)
Job No. 04122 January 11, 2005
Land in the SE1/4SE1/4 of Section 18, T3N, R1 E, B.M., City of Meridian, Ada County,
Idaho, described as follows:
COMMENCING at the Southeast Comer of said Section 18, marked by a brass cap
monument and as shown on corner 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 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 , 20.56 feet, to a non -tangent 5.00 foot radius curve foot to
the left;
thence along said curve, an arc length of, 8.39 feet, through a central angle of
96011'23", and having a chord which bears, South 48°04'54" 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 66038'05" 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. �o��L LANpsG
Containing 1014 square feet, more or less. k oSs6�STER2� 9G��
�S
SCHEDULE 1 — Page 1 of 1
SCHEDULE2
Legal Description
DESCRIPTION FOR MAVRICK STORE OVERLAND & LOCUST GROVE
CROSS ACCESS EASEMENT PARCEL A TO PARCEL B
(SOUTH 1/2 OF EASEMENT)
Job No. 04122 January 11, 2005
Land in the SE1/4SE1/4 of Section 18, T3N, RIE, 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 5/8 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 65°19'49" 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 48059'58" 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 89044'18" East, 57.00' to the POINT OF BEGINNING.
Containing 756 square feet, more or less.
SCHEDULE 2 — Page 1 of 1