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HomeMy WebLinkAboutEASEMENT 405631 - CAMPUS COURTYARD - 269 S 5th WWHEN RECORDED RETURN TO DuPree Stewart Taylor & Morris P.O. Box 723 Rexburg, Idaho 83440 Instrument # 405631 RE%BURG, MADISON, IDAHO 10.21.2016 11:51:52 AM Na of Pages: 6 Recorded for: DUPREE STEWART TAYLORA MORRIS KIM N. MUIR Fee: 25.00 4f� EX-0f6elo Recorder Denuw AMENDMENT TO CROSS EASEMENT AGREEMENT THIS AMENDMENT TO CROSS EASEMENT AGREEMENT ("Amendment") is made as of the X.4 day of QfTr,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 4517 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 Easement A¢reement—Page 1 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 #517, 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 Affeement — 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, [daho limited liability company James T. S&S One: S&S ONE LLC, an Idaho li�m�itted liability company j24IL? tK k-� 0 Jared Sommer, Manager Amendment to Cross Easement Agreement — Page 3 STATE OF IDAHO § County of /U&r, § On this g�_ day of jdbir , 2016, before me, 6wic 6.Vifor _ , a notary public, in and for said State, personally appeared Jamd T. Oneiting, 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. I',x4.0 ]Ii Jia,.• 'STAR *..o Notar} ublic &Idaho "' Residing at f.,Aim ; My Commission xpires:gV-o1-,2= •PUBLIC'J- 0; $4 !Tg 0; STATE OF IDAHO § County of Madison § On this ,21st day ofQdALte , 2016, before me, Crm;j G. r -4f. , a notary public, in and for said State, personally appeared Jared omme , 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. ..+G �G".TAY it e 'pr �`•sro..• 1nP .. Amendment to Cross Easement Agreement — Page 4 NotartyublUor Idaho Residing at urboi• („ My Commission xpires: tri-.x-daay 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 N89°45'30"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 S89°45'30"W 172.80 feet, thence N00015'04"W 79.00 feet to the True Point of Beginning. Parcel Contains 0.355 Acres. Parcel 2 Beginning at the Northwest corner of Lot 3 of the Southend Addition to the City of Rexburg as per the recorded plat thereof, said Northwest comer 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 egr 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 N89045'30"E 194.66 feet, thence S00°15'04"E 210.50 feet, thence S89°45'30"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 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 N00° 15'04"W 79.00 feet to the True Point of Beginning. Parcel Contains 0.345 Acres. Amendment to Cross Easement Agreement — Page 6