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Home My WebLink AboutEASEMENT AGREEMENT - Justin & Carrie Kostial - 236 N 3rd E - CUP for a daycare facilityMicroofiile No. 4117655 Fa5eme.✓- on 2LI6 N �,t07gOCloc 100PM 3.i Ea 5l Go r Pa r k n¢ Fee ff$((19IS N CO RECORDER .00 bel,ind 236 N• a Deputy Recorded ai Request of 5ee also PereA-+ 07.00137 FIRST AMERICAN TITLE - REXBURG Add l,ovx �a, care- Joint Use Agreement and Easement This Joint Use Agreement (hereinafter called "Agreement") by and between JEFFREY ROBERT MUENCH and SHAINI JO MUENCH, husband and wife, (hereinafter called "Muench"), and CARRIE L. KOSTIAL, an unmarried woman (hereinafter called "KOSTIAL"), and her successors and assigns, all collectively referred to as the parties hereafter. WHEREAS, Muench owns the following described property, to wit: Commencing at the SW corner of Lot 2, Block 18 of the Original Rexburg Townsite, Madison County, Idaho, and running thence N. 00015'02" W. 99.00 feet; thence N 89°44'58" E. 125.10 feet; thence S. 40030'03" E. 45.86 feet; thence S. 00°21'28" W. 64.00 feet; thence S. 89044'58" W. 154.05 feet to the point of beginning. Reserving unto the Grantor, her heirs and assigns, a 12 foot wide easement for ingress, egress and utilities along the south line of the above-described property. WHEREAS, Kostial owns the following described property, to wit: Parcel 1: Commencing at the NW comer of Lot 3 in Block 18 of the Original Rexburg Townsite, Madison County, Idaho, as shown on the recorded plat thereof, and running thence East 10 rods, thence South 4 rods, thence West 10 rods, thence North 4 rods to the point of beginning. Parcel 2: Commencing at a point 10 rods East of the NW corner of Lot 3 in Block 18 of the Original Rexburg Townsite, Madison County, Idaho, as shown on the recorded plat thereof, and running thence East 10 rods, thence South 4 rods, thence West 10 rods, thence North 4 rods to the point of beginning. WHEREAS, the property described as the south 12 feet of Muench's property is jointly used by Kostial for ingress, egress and utilities. WHEREAS, Muench desires to give permission to Kostial and all future and subsequent owners of that property an easement for ingress, egress and utilities. WHEREAS, both parties desire that this Agreement run with the land, and that the successors and assigns for either future owner(s) of either properties listed above, will abide by this Agreement's terms. Joint Use Agreement and Easement Page 1 417656 WHEREAS, Kostial and her successors and assigns, desire to use and Muench desires to give Kostial permission to use the property described above for an easement for ingress, egress and utilities. WHEREAS, Muench does hereby grant unto Kostial and her successors and assigns, invitees, licensees, and agents, a permanent, non-exclusive right of ingress and egress over and upon the easement area, subject to Kostial's acceptance of the obligation to maintain and keep in good and usable repair the easement area. The use of the term "non-exclusive" herein shall mean that the ingress, egress and access rights granted pursuant to this Agreement shall be subject to the contemporaneous and continuing right of the Grantor, its staff, patrons, licensees, and invitees to use the easement area for ingress, egress, and such maintenance as Muench determines to be necessary and/or appropriate from time to time. Now, therefore, Muench agrees that Kostial and her successors and assigns, shall have the right to use the above-described property for the above-described purposes, subject to the following terms and conditions: I. Expenses. Kostial, and her successors and assigns, at their discretion, shall be responsible for all expenses incurred for the snow removal and maintenance of the driveway. 2. Billing far Charges. If there are any charges pursuant to this Agreement, all charges shall be itemized by both parties or their successors and assigns requests, both parties shall have the right to examine the records such charges are based upon. 3. Grants as Permanent; Recording of Agreement. This agreement is intended to represent permanent grants and it is intended to run with th elands of the parties hereto; accordingly, the parties shall cause a copy of this Joint Use Agreement and Easement to be recorded in the office of the Madison County Recorder. 4. Controversies Arising from this Agreement. In the event of any suit or proceeding by either party herein against the other party, in any way arising out of this Agreement attempting to enforce any right herein granted, the losing party in such suit or proceeding shall pay to the prevailing party such sum or sums as the court shall adjudge reasonable, in such suit or proceeding, for attorney's fees, including such fees on appeal, for such prevailing party. 5. Agreement Binding. This Agreement shall be binding upon and inure to the benefit of the heirs, personal representatives, administrators, successors, and assigns of the parties hereto and shall run with the land owned by each of the parties but shall not be otherwise assignable. 6. Validity. If any portions or provisions of this Agreement shall be deemed or held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and shall remain in full force and effect. Joint Use Agreement and Easement Page 2 C 114*- $i 7. Merger. This Agreement contains the entire understanding and agreement between the parties hereto and may be modified or amended in whole or in part, only by a writing executed by each of the parties herein. 8. Choice of Laws. This Agreement shall be performed, construed, and enforced in accordance with the laws of the State of Idaho. 9. Termination of Easement. If the servient property described above is used for multi- family use, or continue under a Conditional Use Permit allowed by the City of Rexburg, the easement will remain. If it should be re -zoned to a commercial use, the parties agree that the easement agreement will be negotiated. If Kostial or her successors or assigns, cease to use the servient property described above as a commercial property for a period of more than one (1) year, and, instead, use it as a single family residence, this Joint Use Agreement and Easement will terminate. IN WITNESS WHEREOF, the parties have caused their names to be subscribed, all as of the date herein effective the date last written below. DATED this /O ay of July, 2018. STATE OF IDAHO County of Madison ) On the/L�� day of July, 2018, before me, the undersigned, a Notary Public in and for said County and State, personally appeared JEFFREY ROBERT MUENCH and SHAINI JO MUENCH, known to me to be persons whose names are subscribed to the within and foregoing instrument and acknowledged to me that they 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. (Seal) =PUBUC FJANA OTTA My Commission Expires: Joest Use Agreement and Easement Page 3 Residing in Fremont COUnty Commission Expires: 6/23/2023 417666 DATED this L *day of July, 2018. STATE OF IDAHO :ss. County of Madison GC I avrriee L. K tial - /i�! !az — On the�ay of July, 2018, before me, the undersigned, a Notary Public in and for said County and State, personally appeared CARRIE L. KOSTIAL, known to me to be person whose name is subscribed to the within and foregoing instrument and acknowledged to me that she 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. (Seal) LJANA BISHOFF NOTARY PUBLIC STATE OF IDAHO Joint Use Agreement and Easement Page 4 Not u lic Residing at: My Commission Expires: Residing in Fremont County Commission Expires: 6/2312023 417655 RECORDING REQUESTED BY First American Title Company AND WHEN RECORDED MAIL TO: First American Title Company 535 First American Circle Rexburg, ID 83440 File No.: 685085 -RX (yb) RECORDER AMERICAN TITLE - REXBURG Date: July 09, 2018 For Value Received, Carrie L. Kostial, an unmarried woman, hereinafter called the Grantor, hereby grants, bargains, sells and conveys unto Jeffrey Robert Muench, Jr. and Shaini 3o Muench, hereinafter called the Grantee, whose current address is 246 North 3rd East, Rexburg, ID 83440, the following described premises, situated in Madison County, Idaho, to -wit: COMMENCING AT THE SW CORNER OF LOT 2, BLOCK 18 OF THE ORIGINAL REXBURG TOWNSITE, MADISON COUNTY, IDAHO, AND RUNNING THENCE N. 00015'02" W. 99.00 FEET; THENCE N. 89044'58" E. 125.10 FEET; THENCE S. 40030'03" E. 45.86 FEET; THENCE S. 00021'28" W. 64.00 FEET; THENCE S. 89044156" W. 154.05 FEET TO THE POINT OF BEGINNING. RESERVING UNTO THE GRANTOR, HER HEIRS AND ASSIGNS, A 12 FOOT WIDE EASEMENT FOR INGRESS EGRESS AND UTILITIES ALONG THE SOUTH LINE OF THE ABOVE DESCRIBED PROPERTY. SUBJECT TO all easements, right of ways, covenants, restrictions, reservations, applicable building and zoning ordinances and use regulations and restrictions of record, and payment of accruing present year taxes and assessments as agreed to by parties above. TO HAVE AND TO HOLD the said premises, with its appurtenances, unto the said Grantee, and to the Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. Page 1 of 2 417666 Date: 07/09/2088 Warranty Deed File No, 685085 -Rx (ib) continued rrie L. Kostial STATE OF Idaho ss. COUNTY OF Madison ) On this Thirteenth day of July, 2018, before me, a Notary Public in and for said State, personally appeared Carrie L. Kostiai, known or identified to me 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. JANA SISHOFF Nota lic for the State off NOTARY PUBLIC Residi gat: STATE OF IDAHO My Commission Expires: Residing in Fremont County Commission Expires: 6/23/2023 Page 2 of 2 4117666