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Home My WebLink About18-00035 - RECORD OF EASEMENTS - 273 S 5th W - Campus Courtyardo E w Mhm 1 0 r v �Illy v; Y M ' f U i N`! M O, Mhm 1 0 r N O v �Illy v; M ' f U N`! M O, °i N O WHEN RECORDED RETURN TO: Dupree Stewart Taylor & Morris P.O. Box 723 Rexburg, Idaho 83440 Instrument # 405632 REXBURG, MADISON, IDAHO 10.21-20% 11:56:41 AM No. of Pages: 4 Recorded for: DUPREE STEWART TAYLO & MORRIS HIM H. MUIR Fee: 19.00 Ex.OMclo Recorder Deputy GRANT OF EASEMENT This Grant of Easement (this "Easement") is entered into by and between S&S One LLC, an Idaho limited liability company ("S&S One") ("Grantor"), and S&S One ("Grantee"). Recitals A. Grantee owns the real property situated in Madison County, Idaho described as follows (the "Grantee's Property"): Commencing at the Northwest comer of Lot 3 of the Southend Addition to the City of Rexburg as per the recorded plat thereof, running thence along the West line of said Lot 3 S00'15'04"E 90.05 feet to the True Point of Beginning, thence leaving said West line N89°45'30"E 190.16 feet, thence S00°15'04"E 79.00 feet, thence S89°45'30"W 190.16 feet to said West line, thence along said West line N00015'04"W 79.00 feet to the True Point of Beginning. B. Grantor owns the real property situated in Madison County, Idaho described as follows (the "Grantor's Property"): Commencing at the Northwest corner of Lot 3 of the Southend Addition to the City of Rexburg as per the recorded plat thereof, running thence along the West line of said Lot 3 S00°15'04"E 169.05 feet to the True Point of Beginning, thence leaving said West line N89°45'30"E 194.66 feet, thence S00°15'04"E 210.50 feet, thence S89e45'30"W 194.66 feet to said West line, thence along said West line N00015'04"W 210.50 feet to the True Point of Beginning. C. Grantor desires to grant to Grantee a non-exclusive perpetual easement along the north edge of Grantor's Property to a distance that is ten (10) feet from the southernmost point of the south wall of the building on the south portion of Grantee's Property for purposes of maintaining a minimum fire separation distance between the building on the south portion of Grantee's Property and any structure on Grantor's Property. D. The parties desire to establish and describe such easement as set forth herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Grantor represents and covenants to and with Grantee that Grantor owns Grantor's Property and has all power and authority to grant to Grantee the easement described herein. Grantor hereby grants to Grantee a non-exclusive perpetual easement for the benefit of Grantee's Property along the north edge of Grantor's Property to a distance that is ten (10) feet from the southernmost point of the south wall of the building on the south portion of Grantee's Property for purposes of maintaining a minimum fire separation distance between the building on the south portion of Grantee's Property and any structure on Grantor's Property. No structure that encroaches on this easement may be built on Grantor's Property so long as the existing building on the south portion of Grantee's Property stands and Rexburg City zoning requirements require a minimum fire separation distance of at least ten (10) feet between dwelling structures. 2. The easement described in this Easement shall run with the land and shall be binding upon and inure to the benefit of Grantor, Grantee and their respective heirs, devisees, personal representatives, successors, assigns, purchaser, or transferees of any kind. Grantor and any other person or entity who owns Grantor's Property or any part thereof, and Grantor's Property, shall be subject to the easement described in this Easement. Grantee and any other person or entity who owns Grantee's Property or any part thereof, and Grantee's Property, shall be entitled to use and benefit from the easement described in this Easement. 3. This Easement constitutes the entire agreement of the parties with respect to the matters set forth herein. This Easement may be amended or modified only in writing, signed and acknowledged by all the then current owners of Grantor's Property and Grantee's Property, and recorded in the Official Records of the Madison County, Idaho, Recorder. This Agreement shall be governed and construed in accordance with laws of the State of Idaho. 4. This Easement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. The signature pages may be detached from each counterpart and combined into one instrument. This Easement may be signed and delivered by facsimile transmission or electronic mail which shall be effective as an original. [signatures on following pages] GRANT OF EASEMENT — Page 2 IN WITNESS WHEREOF, the parties have executed and delivered this Easement to be effective as of the last date of execution by a party below. GRANTOR: S&S One LLC, an Idaho limited liability company By: ✓ r� Jared Sommer, Manager GRANTEE: S&S One LLC, an Idaho limited liability company By: a" Jared Sommer, Manager GRANT OF EASEMENT — Page 3 Date: 10-a I - Date: [ t1 -J H STATE OF IDAHO K& County of Madison On this X 5� day of October, in the year 2016, before me, G. 7. a Notary Public in and for said State, personally appeared Jared Sommer, kno or identified to me to be a Manager of S&S One LLC, the limited liability company that executed the instrument or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability 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. G G. t�« 011 L it oTngr's�' = Nota ublic o Idaho Residing at:F�x6.v :r4" A �o ; o My Commission Expires: vg_ol-aoZp UBL 1 ; , '7-1 Q? �V STATE OF IDAHO ) :ss County of Madison ) On this ;Pf day of October, in the year 2016, before me, T a Notary Public in and for said State, personally appeared Jared Sommer, know ori entified to me to be a Manager of S&S One LLC, the limited liability company that executed the instrument or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability 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. GRANT OF EASEMENT — Page 4 Notaeublic&r Idaho Residing at: (�6 g, Z,b [• My Commission Expires: 6y.o{.aoV V�- « � - ^� V�- WHEN RECORDED RETURN TO: DuPree Stewart Taylor & Morris P.O. Box 723 Rexburg, Idaho 83440 Instrument # 405631 RE%BURG, MADISON, IDAHO 1021-2016 11:51:52 AM No. of Pages: 6 Recorded for: DUPREE STEWART TAYLVMORRIS KIM H. MUIR Fea: 25.00 Ex -Officio Recorder Deouly AMENDMENT TO CROSS EASEMENT AGREEMENT THIS AMENDMENT TO CROSS EASEMENT AGREEMENT ("Amendment') is made as of the X day of d,4,jer , 2016, by Desert Rose Enterprises, LLC, an Idaho limited liability company ("Desert Rose"), as successor in interest to Exchange #517, LLC, and Idaho limited liability company ("Exchange #517") and S&S One LLC, an Idaho limited liability company ("S&S One"). RECITALS: A. Exchange #517 and S&S One previously entered into a Cross Easement Agreement dated May 2, 2012 ("Agreement'), related to certain real property located in the City of Rexburg, Madison County, Idaho, a portion of which was identified in the Agreement as the Exchange #517 Parcel and a portion of which was identified in the Agreement as the S&S One Parcel (Exchange #517 Parcel and S&S One Parcel are collectively referred to as the "Properties"). B. Desert Rose is the successor in interest to Exchange #517 in that Desert Rose acquired ownership of the Exchange #517 Parcel. C. In connection with the proposed construction of additional buildings on the Properties, Desert Rose and S&S One have obtained new legal descriptions that relate to portions of the Properties. D. Desert Rose and S&S One desire to amend the Agreement to reflect the current ownership of the Properties and to confirm that the Agreement continues to apply to the Properties under the current ownership and with the new legal descriptions. E. Section 19 of the Agreement permits the owners of the Properties or their respective successors and assigns to amend the Agreement by a declaration in writing, executed and acknowledged by all of the owners of the Properties or their respective successors and assigns. NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreements herein set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree to amend the Agreement as follows: Amendment to Cross to Cross Easement�eement — Page l 1. Desert Rose Parcel. That certain real property located in the City of Rexburg, Madison County, Idaho, more particularly described on Exhibit A attached hereto and incorporated herein by reference shall be substituted for and replace the real property described on Exhibit A to the Agreement and shall be referred to as the "Desert Rose Parcel." The phrase Desert Rose Parcel shall be substituted for the phrase Exchange #517 Parcel in all places in the Agreement where the latter phrase appears, and the phrase Desert Rose shall be substituted for the phrase Exchange #517 in all places in the Agreement where the latter phrase appears. 2. S&S One Parcel. That certain real property located in the City of Rexburg, Madison County, Idaho, more particularly described on Exhibit B attached hereto and incorporated herein by reference shall be substituted for and replace the real property described on Exhibit B to the Agreement (the "S&S One Parcel"). 3. Desert Rose Address. The following address for notices to Desert Rose is substituted in Section 15 of the Agreement for the address for Exchange #5 17, LLC: Desert Rose Enterprises, LLC 566 N. 3400 E. Lewisville, Idaho 83431 4. Effect. Except as amended by this Amendment, the Agreement shall remain in full force and effect and be unchanged. 5. Miscellaneous. Capitalized terms not otherwise defined herein shall have the meanings assigned thereto in the Agreement. This Amendment shall be construed and enforced under the laws of the State of Idaho. This Amendment may be executed in counterparts, each of which shall be deemed an original, and all of such counterparts together shall constitute one and the same instrument. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] Amendment to Cross Easement Agreement — Page 2 IN WITNESS WHEREOF, the undersigned have signed and sealed this Agreement as of the day and year first above written. DESERT ROSE: DESERT ROSE ENTERPRISES, LLC, Idaho limited liability company James T. S&S One: S&S ONE LLC, an Idaho limited liability company By:L /",-LC4it" 11:v Jared Sommer, Manager Amendment to Cross Easement Aueement — Page 3 STATE OF IDAHO County of Asjw, On this g±_ day of &Jjwr , 2016, before me, C�.jA 6..rV&- , a notary public, in and for said State, personally appeared Jamey T. Gneiting, known or identified to me to be a Manager of Desert Rose Enterprises, LLC, the limited liability company that executed the instrument or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability 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. T yu 'VAR . yS? e.• P UB"� �,'+�� 'v 'ra.`••...... P STATE OF IDAHO County of Madison .t� 41 NotatyDublic WIdaho Residing at f" My Commission xpires:0a-ol-amt On this ,21st day ofd as , 2016, before me, (a;t 6_ ry%r , a notary public, in and for said State, personally appeared Jared Sbramef, known or identified to me to be a Manager of S&S One LLC, the limited liability company that executed the instrument or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability 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. Amendment to Cross Easement Agreement — Page 4 e l--Zf NotaraublUor Idaho Residing at a! My Commission xpires:a-,a-dead EXHIBIT A Desert Rose Parcel Parcel 1 Commencing at the Northwest corner of Lot 3 of the Southend Addition to the City of Rexburg as per the recorded plat thereof, running thence along the West line of said Lot 3 S00015'04"E 90.05 feet, thence leaving said West line N89145'30"E 190.16 feet to the True Point of Beginning, thence continuing N89°45'30"E 219.13 feet, thence S30007'52"W 91.57 feet, thence S89145'30"W 172.80 feet, thence N00°15'04"W 79.00 feet to the True Point of Beginning. Parcel Contains 0.355 Acres. Parcel 2 Beginning at the Northwest comer of Lot 3 of the Southend Addition to the City of Rexburg as per the recorded plat thereof, said Northwest corner being the True Point of Beginning, running thence N89°45'45"E 614.16 feet along the North line of Lots 3 and 4 of said Southend Addition to the Westerly right of way of the Eastern Idaho Railroad, thence leaving said North line along said Westerly right of way S30°08'27"W 439.91 feet, thence leaving said Westerly right of way S89°45'30"W 196.94 feet, thence N00015'04"W 210.50 feet, thence N89°45'30"E 168.32 feet, thence N30°07'52"E 91.57 feet, thence S89°45'30"W 409.29 feet to the West line of Lot 3, thence along said West line N00° 15'04"W 90.05 feet to the Trust Point of Beginning. Parcel Contains 2.740 Acres. Amendment to Cross Easement A erg ement — Page 5 EXHIBIT B S&S One Parcel Parcel 1 Commencing at the Northwest comer of Lot 3 of the Southend Addition to the City of Rexburg as per the recorded plat thereof, running thence along the West line of said Lot 3 S00°15'04"E 169.05 feet to the True Point of Beginning, thence leaving said West line N89°45'30"E 194.66 feet, thence S00°15'04"E 210.50 feet, thence S89045'30"W 194.66 feet to said West line, thence along said West line N00° 15'04"W 210.50 feet to the True Point of Beginning. Parcel Contains 0.941 Acres. Parcel 2 Commencing at the Northwest corner of Lot 3 of the Southend Addition to the City of Rexburg as per the recorded plat thereof, running thence along the West line of said Lot 3 S00015'04"E 90.05 feet to the True Point of Beginning, thence leaving said West line N89°45'30"E 190.16 feet, thence S00°15'04"E 79.00 feet, thence S89°45'30"W 190.16 feet to said West line, thence along said West line N00° 15'04"W 79.00 feet to the True Point of Beginning. Parcel Contains 0.345 Acres. Amendment to Cross Easement Aueeement — Page 6