Z - ESMT Modification_Removal of Casey RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Dunn Carney Allen Higgins&Tongue LLP
Attn:Coni Rathbone,Esq.
Suite 1500,851 SW Sixth Avenue
Portland,OR 97204
(Space Above For Recorder's Use)
AMENDMENTS TO ACCESS EASEMENT
This AMENDED EASEMENT("Easement")is made effective this
2020,by and between Black Cat 30 L.L.C.,a(n) limited liability
company ("Black Cat"),e Patricia_A. Alexander("Alexander"), and _Drew_Morgan and Tami Deleted:Garey L.Casey and Andrea
M. Morgan ("Morgan") with Black Cat, Casey, Alexander and each person or entity who Casey,husband and wife("Casey")
acquires fee simple title to the Morgan Property, the Black Cat Property, the Casey Property or
the Alexander Property (each as defined below) may be referred to herein individually as an
"Owner"and collectively as the"Owners").
This Easement is intended to amend that certain easement recorded in the real property
records of Ada County, Idaho on May 31, 1990 under recording number 1215001077 (the
"Original Easement"). The Original Easement shall remain in full force and effect, except as
amended herein. The purpose of this restatement is to extinguish the easement as to the Black
Cat property, and continue the easement in its exact same location as to the other properties.
Access to Quarter Horse Lane for Alexander and_Morgan will be from a new public road that Deleted:Casey,
Black Cat is constructing that crossed the Black Cat site from Pine Avenue, and will no longer
originate on N Black Cat Rd. This Amendment will become effective once the new road is
constructed and dedicated via plat recording.
RECITALS:
Black Cat is the owner of that certain real property on the corner of W. Pine Ave. and N.
Black Cat Rd., as more fully described and depicted in Exhibit A, which exhibit is attached
hereto and incorporated herein("Black Cat Property").
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Alexander is_the o_wner_of that certain_real property as more full described and depicted Deleted:Casey is the owner of that
in Exhibit C,which exhibit is attached hereto and incorporated herein("Alexander Property"). certain real property as more fully
described and depicted in Exhibit B,
which exhibit is attached hereto and
Morgan is the owner of that certain real property as more fully described and depicted in incorporated herein("Casey Property").¶
Exhibit D,which exhibit is attached hereto and incorporated herein("Morgan Property").
In connection with the access Black Cat's construction of a new public road through the
Black Cat Property ("Access Road") which will allow for access to the Easement (as defined
below),each Owner desires to amend the Original Easement as follows.
Each Owner derives certain benefits from the Access Road and understand, acknowledge
and agree that neither the Easement nor Easement Area (as defined below) is being enlarged,
expanded, increased or broadened under this Easement over the area as described in the Original
Easement.
AGREEMENT:
NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of
which are hereby acknowledged,the Owners hereby agree as follows:
1. Extinguishment. Each Owner hereby approves extinguishment of the Original Easement
that exists on the Black Cat property and a continuation of the non-exclusive perpetual access
easement to each other Owner("Easement"). The amended easement area is fully described and
depicted in Exhibit E.
2. Purpose of Easement. The Easement shall be used for private ingress and egress for
pedestrian travel, vehicular travel. No parking of any vehicles shall be permitted on the
Easement or in the Easement Area.
3. New Road. Black Cat shall construct a new public road to provide access from Pine
Avenue to Quarterhorse Lane. That road shall be constructed and dedicated to Ada County
Highway District ("ACHD") pursuant to recording of the plat, and this Amended Easement
shall not become effective until the plat is recorded.
4. Maintenance Obligations. Each Owner(except Black Cat) shall remain responsible for
all costs and expenses associated with maintaining that portion of the Easement Area that falls
within their property("Maintenance Work").
5. Notices. All notices, demands and requests required or desired to be given under this
Agreement must be in writing and shall be deemed to have been given and effective (i) if
personally delivered, upon delivery or refusal to accept such delivery; or (ii) as of the date such
writing is (i)delivered to the Owner intended, (ii)if mailed, three (3) days after mailing, by
United States registered or certified mail, postage pre-paid, return receipt requested, to the
applicable address set forth below.
Black Cat: Black Cat 30 L.L.C.
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Attn:Michael Carouba
1420 S.Mills Avenue,Suite M
Lodi,CA 95240
Alexander: Jessie E.Alexander and Patricia A Alexander Deleted:Casey: Garey L.Casey and
Andrea Casey
Morgan Drew Morgan and Tami M.Morgan
Upon at least ten (10) days' prior written notice, each Owner shall have the right to
change its address to any other address within the United States of America.
6. Term. This Agreement shall continue in full force and effect from the date of recordation
of this Agreement in perpetuity unless otherwise terminated by the mutual written agreement of
each Owner.
7. Binding on Successors. This Easement and the vacation of any previously existing
easements shall be recorded in the official records of Ada County,Idaho,and shall be binding on
the heirs, successors, administrators, executors and assigns of all Owner hereto and shall run
with the land.
8. Counterparts. This Easement may be executed in any number of counterparts, each of
which when executed shall be deemed to be an original but all of which taken together shall
constitute one agreement binding on all Owners. This Easement may be executed by affixing an
electronic signature by DocuSign or similar electronic signature and digital transaction
management service. Electronic delivery of documents by facsimile or email, including without
limitation the delivery of .PDF, .JPG or the equivalent, shall be legally sufficient to bind the
party the same as delivery of an original.
9. Amendments. This Agreement may be amended, modified or supplemented only by a
written document executed by all of the Owners hereto(or their successors and assigns).
10. Mortgagee Protection. No violation or breach of the terms and conditions of this
Agreement shall affect or impair the liens or security rights of the holder of a Mortgage (as
hereafter defined given in good faith and for value which is now or in the future recorded against
the Black Cat Property, Alexander Property and Morgan Property (as applicable); provided, , Deleted:Casey Property
however, that an such mortgagee shall be obligated to comply with any nondisturbance,
recognition, attornment or similar agreement that it executes. With respect to any Mortgage
recorded against the Black Cat Property, Alexander Property and Morgaan_Property fas — Deleted:Casey Property,
applicable) subsequent to the recording of this Agreement such mortgagee or any purchaser at a
foreclosure sale resulting from such mortgage or other Owner taking title to the Black Cat
Property, Alexander Property and Morgan Property (as applicable) shall take subject to this — Deleted:Casey Property,
Agreement and the terms and conditions set forth herein. The term"Mortgage" shall mean any
AMENDED AND RESTATED ACCESS EASEMENT-3
DCAPDX\3608299.v3
recorded mortgage or deed of trust encumbering the Black Cat Property, Alexander Property and Deleted:Casey Property,
Morgan Property(as applicable).
11. No Third Party Beneficiaries. This Agreement is only for the benefit of the Owners
hereto and their successors and assigns as set forth above. No other person or entity or property
shall be entitled to rely hereon, receive any benefit herefrom or enforce any provision hereof
against an Owner hereto(or their respective successors assigns).
12. Binding Affect; Governing Law. This Agreement and all covenants and restrictions
contained herein shall, to the full extent permitted by law and equity and without regard to
technical classifications or designations,be deemed to be covenants running with the land of the
Owner, and shall be binding upon and inure to the benefit of the parties hereto and their
respective successors and assigns. This Agreement shall be governed and construed in
accordance with the laws of the State of Idaho.
13. Enforcement;Remedies;Attorneys'Fees.
a. The parties each have the right to enforce all of the covenants, conditions,
restrictions, reservations, easements, liens, and charges now or hereinafter imposed under this
Agreement as may appertain specifically to a party or entity. Failure by any party to enforce any
such covenant, condition,restriction,reservation, easement, lien, or charge will not be deemed a
waiver of the right to do so thereafter.
b. 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.
C. If suit or action is brought or initiated, to enforce or interpret any of the
provisions of this Agreement,or that arise out of or relate to this Agreement,the prevailing party
will be entitled to reasonable attorney fees in connection therewith and post judgment fees of
enforcing any judgment,in addition to all other sums provided by law.The determination of who
is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing
party will be decided by the court or courts, including any appellate court, in which the matter is
tried,heard,or decided.
[Counterpart signature pages follows]
AMENDED AND RESTATED ACCESS EASEMENT-4
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IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed
the day and year first written above.
BLACK CAT:
Black Cat 30 L.L.C.,a(n)
limited liability company
By:
Printed Name:
Title:
STATE OF IDAHO )
ss.
County of )
On this day of , 20_, before me
personally appeared ,known or identified to me(or proved to me),to
be the of Black Cat 30 L.L.C. and acknowledged to me that he or
she executed the same in the name of said limited liability company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
NOTARY PUBLIC FOR IDAHO
Residing at
My Commission Expires
AMENDED AND RESTATED ACCESS EASEMENT-5
DCAPDX\3608299.v3
IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed — Deleted:IN WITNESS WHEREOF.
and year first written above. the undersigned have caused this
the day Y Easement to be executed the day and year
first written above.¶
ALEXANDER: CASEY:Q
—¶
Jessie E.Alexander Gareyl.casey¶
—T
Andrea Casey I
Patricia A.Alexander
STATE OF IDAHO )
) ss.
County of )
On this day of ,20 personally appeared before
me JESSIE E. ALEXANDER AND PATRICIA A. ALEXANDER, husband and wife, to me
known to be the individuals described in and who executed the within and foregoing instrument,
and acknowledged that they signed the same as their free and voluntary act and deed, for the uses
and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
NOTARY PUBLIC FOR IDAHO
Residing at
My Commission Expires
AMENDED AND RESTATED ACCESS EASEMENT-6
DCAPDX\3608299.v3
IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed
the day and year first written above.
MORGAN:
Drew Morgan
Tami M.Morgan
STATE OF IDAHO )
ss.
County of )
On this day of ,20 personally appeared before
me DREW MORGAN AND TAMI M. MORGAN, husband and wife, to me known to be the
individuals described in and who executed the within and foregoing instrument,and acknowledged
that they signed the same as their free and voluntary act and deed,for the uses and purposes therein
mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
NOTARY PUBLIC FOR IDAHO
Residing at
My Commission Expires
AMENDED AND RESTATED ACCESS EASEMENT-7
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EXHIBIT A
Black Cat Property Legal Description
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Deleted:EXHIBIT B¶
Casey Property Legal Description¶
AMENDED AND RESTATED ACCESS EASEMENT-9
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Deleted:C
EXHIBIT$ '
Alexander Property Legal Description
AMENDED AND RESTATED ACCESS EASEMENT-10
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EXHIBIT Deleted:D
'
Morgan Property Legal Description
AMENDED AND RESTATED ACCESS EASEMENT-11
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Deleted:E
EXHIBIT D_ '
Easement Area
AMENDED AND RESTATED ACCESS EASEMENT-12
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Page 6:[1]Deleted Author 8/4/2021 1:21:00 PM
IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed
the day and year first written above.
CASEY:
Garey L. Casey
Andrea Casey
STATE OF IDAHO )
ss.
County of )
On this day of ,20 personally appeared before
me GAREY L. CASEY AND ANDREA CASEY, husband and wife, to me known to be the
individuals described in and who executed the within and foregoing instrument, and acknowledged
that they signed the same as their free and voluntary act and deed, for the uses and purposes therein
mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
NOTARY PUBLIC FOR IDAHO
Residing at
My Commission Expires
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