MARIAN B. BAKER, TRUSTEE OF THE MARIAN B. BAKER TRUST, dated May 12, 2013, Plaintiff-Respondent,
KAL, LLC, an Idaho limited liability company, Defendant-Counterclaimant-Cross Claimant-Appellant, and JOHN STADLER and VICKIE STADLER, husband and wife, Defendants-Counterclaimants-Cross Claimants, and JOSE I. MELENDRERAS and JACQUELINE Z. MELENDRERAS, husband and wife, Defendants-Cross Defendants-Respondents.
Opinion No. 32
from the District Court of the First Judicial District of the
State of Idaho, Kootenai County. Hon. Lansing Haynes,
District Judge. The judgment of the district court is
E. Covington, III, Hayden, for appellant.
Gledhill, Fuhrman & Gourley, P.A., Boise for respondent
Marian B. Baker, Andrew E. Hawes argued.
Vernon and Weeks, P.A., Coeur d'Alene for respondent
SCHROEDER, Justice pro tem.
Nature of the Case
an easement dispute arising out of Kootenai County. The
district court granted summary judgment in favor of Marian B.
Baker, Trustee of the Marian B. Baker Trust
("Baker"), for an easement over a logging road
("Alexanna Lane") that crosses the property of KAL,
LLC ("KAL"). Initially there were claims involving
John and Vickie Stadler (the "Stadlers"), and Jose
Melendreras and Jacqueline Diaz-Melendreras (the
"Melendrerases"). However, the present appeal
involves only the claims between Baker and KAL.
Factual and Procedural Background
LLC ("Timberland") was the original owner of the
parcels at issue, Tracts 7-10, which are adjacent to one
another. Timberland conveyed Tracts 7 and 8 to the
Melendrerases by a warranty deed in 1999. The 1999 deed had
an attachment, Exhibit A, which contained easement language.
Regarding Tract 7, which is also referred to as Parcel 1, the
1999 deed gave a legal description of the land, and provided:
RESERVING THEREFROM that portion of the above described
parcel which is described in an Ingress, Egress and Utilities
Easement as more fully described in Exhibit "B"
attached hereto and incorporated herein.
FURTHER RESERVING THEREFROM a strip of land fifteen (15) feet
in width paralleling the south boundary line of said Parcel 1
which shall serve as an easement for electric utilities over
land and underground and the maintenance of same.
Regarding Tract 8, also referred to as Parcel 2, the 1999
deed gave a legal description of the land, and provided:
RESERVING THEREFROM a strip of land sixty (60) feet in width
paralleling the north boundary line of Parcel 2 which shall
serve as an easement for ingress, egress and utilities.
TOGETHER WITH a sixty foot easement of the purpose of
ingress, egress and utilities along the north boundary line
of Tract 9, legally described in Exhibit "C" and
west of the Ingress, Egress and Utilities Easement described
in Exhibit "B."
Exhibit B describes an Ingress, Egress, and Utilities
Easement consisting of a strip of land 60 feet in width that
commences in the southeast corner of Tract 12, and ends at
the northern border of Tract 9. This easement is also
referred to as Alexanna Lane. Exhibit C provides a legal
description of the land in Tract 9. At the time the 1999 deed
was executed, Timberland retained ownership of Tracts 9 and
White, a member of KAL, purchased Tract 9 (the "KAL
Property") in 2002. The Stadlers purchased Tract 10 (the
"Stadler Property") in 2003. The Melendrerases
conveyed Tract 8 to Baker (the "Baker Property") in
2014. The Melendrerases retained ownership of ...