Easement - Wesley Lawrence - 1989 - Oliver Dorothy Douglass Property - Permanent easement for ingress / egress116 70f?0120
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EASEMENT FIND AGREEMENT•
,.
IMIS INDENTURt is made this
tt.day- of January, 1329,
between WESLEY J. I,AIQRENCE, a n•arried man dealing ,with his sole
and separate-: property, hereinafter called the Grantor, and CECIL
O!,IVFh DOUGLASS and DOROTHY JUNE DOUGLASS, husband and wife,
herein after called the Grantees.
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WITNESSETH:
Whereas the Grantor is the owner of real property, the
legal of which is attached hereto and made a part 1.jereof and
hereinafter referred to as "Exhibit A"; and
Whereas the Grantees are the owners of real property, the
legal of which is attached hereto and made a part hereof and
hereinafter referred to as "Exhibit P"; and
Whereas the two above referenced parcels of real property
acjoin each other; and
[nereas the Grantor and Grantees desire to establish a:i
casement across, the Grantor's land, the legal description being
attached and hereinafter referred to as 14xhibit C"; and
Where,is there are other matters which exist between these
parties and which they desire to clarify and reduce to writing;
NOW, THFIREFORE, IT IS AGREED:
Jr. consideration of the benefits to he received by the
Grantor and Grantees, and for the sum of One Dollar (51.0)
r.0
other good and valuable consideration paid by the Gran-ees to
the Grantor tht� receipt of which is ncre;�y acknowledged by the
Grantor the parties enter into the follow -Ing ea:.ement and
acreement.
,ne patties hereto acknowledgethat at the time the
r,:o;.est;� owned by the Gran Lees was deeded to a previous owner
the legal description included too much property. To remed_*
tills the Grantees agree that they will concurrent with the
V`XV`CtitiGn Oi t:;is document transfer by Quit Claim Deed tale
property inquest -ion to the Grantor. The legal description o`
S,- ::reperty is attached hereto and made a part hereof as
"..• .,:2.�1 t D"
X.l
T•r.a t^� Gran for herein grants to the Grantees a permanent
s r egress across the pro er4 described in
(•i:�i'^_ii4i1:� ..�3: 3.Tig.ES.i i3nd 1 p
`hq 1.r1ja3. description at t-achCc' hereto as "Exhibit C. This
].9�';•E'n`. sh,:ill be for the use and benefi'i: of the Grantec—s
c, n r }71}lit
F>-o�;�rtji �i;;ich is Sc*` fcrt}t h i in a.. Lf
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<:"V 11070nO121
X!j grant ing t h i s c!a,.;ernent the Grantor ria kes no
repres`ntat.ion nor warranty as to discrepancies, conflicts in
brut::lar%' line nr other claims which are not:-oflectred in any
public records.
•;•he parties hereto rec:ignize that the Grantor's septic
ta:i}; field drai_� is locacPd partially on Grant:r_es' property :end
th:,t they will not disturb or otherwise do any thing which may
or Iniq :t do damage to this f3 F ld drain.
rtia:s further recognize that
the Grantees
are
presently construc'.ing a
residence on their
property. As
part
of t.hi-s construction it
is anticipated that
a natural gas
line
::ill be placed along the
easement granted herein. The parties
t•l.cn it shall lbr their
agree that the Grantor shall ha• e the right
to connect to
said
gas line if it is placed
along the easement.
This right
shall
belong to the Gzant.or and
he shall have this
right to connect
at
any time.
`ormmer condition
.to
a re.asor.ab3.2 period of tire.
The cost of connecting to the gas line shall be at the cost
OA.f the Grantor. If there are any costs arising from/ tnt
connection these shall be at the cost of the Grantor. Any such
connection shall include at the expense of the Grantor, as
determined by the gas ccmpany, a separate meter. The intention
herein is that the Grantor shall have the right to connect to
the c;as line at any tim•2. However, any expenses therein shall
be the responsibility of the Grantor. in no ez:ent shall
Grr.nt.ecs be e nt:it::ed 'Co any monies as the result of- Gr auto:
hooking on to the <;as line.
li ••a.
�. •.
!. ,. the intention f
�. :,t 4�.r..h�•r Ir' i.i...en,.:on C
r.L-rtic-•
..,In j. •: .. J
h7 1 t'i
�..hr.� C -r. �.'.. Shall
pay for
the amr,un: of gas used.
�i
if
:h,�, �%:: ;�: 1.7-n :. i plaCpe! for
the
of the Granteec
at this
t•l.cn it shall lbr their
rc.s;,onti:-.i?
i.'_,r tc- gr ace- and
l_:-:'
the :s•_;r,r ;:; W --thin 17.0 days
of installation.
i.st ^wise!
i fthe
Grantor :mall connect at e
later date
At shall be hi s
r^s-:a-�sil:ility
rr:sto:-e the aron.erty to its
`ormmer condition
.to
a re.asor.ab3.2 period of tire.
In no event
shall Grantor's
C0nIT) Ction
block Grant,:es access
unless Grantor
shall A. st
�'� r �, i. •.'!>
ti:u -,,r r. v tr,n cons nl of the Granteez.
she e - vent a- t n1t er f the rtier. desire t 1 e
t:. ,..,i_ 7_ii�. ,.:13�. ,� _'f� fli �=1 partier. G; ..S 1r_ �C GC_
a! �ltidnal u, On the casement i.t i; agreed 'at' -he
p:opc ty dull. lir rest tree, to its fo.finer condit-1on ,,,*i hid a
i' r�'8•.-)": in r.•,-:�..� r r +-'•.n,:r „ i3:. Li . a... is 7/. ,..i..• ' n no event slhall r`i`.per flock
C: .. .re .;i> Y. .. 4J`lO.l ,-jrS•.. Ob r.. .I.I,ing 1.h_ written.�C'.. 1.
CJn
(}i tiS:c- aflect.eli UiJ.rty.
y ";n r./..a• rlf r?i;. . ainte0_.ncC ,, n;w ir'.inn-ja) :ln6 rop'-S ice% to
t. (. .. i%s .. r;^�,. r7 !. .... �. �, �. �: ,'r Yt. *••.A �f �. %.�. �Cii �. ?t (' :. :1 .i. %). ?:: ..
!::4: l l•- 1-'-- •-he r-ri.^:: :i: i:.^..,
.. i ? '. i �: r:. • , : •r L 4 ri i .. i s �. •a/� ii !, OI
':hat
.� a. r, a. n ^^ C. L ]� G ? r h S
:ha 4 i 1.h r Li L L„ ,J•
fl.,p•Mv"r,-'t
� W.
110 70"0122
Ti
!11;1v a:. a f:uturer nate! ,e -ll ; portion of thtti.r prope rt_! to a thire-1
party or parties. In th i:: oveYnt, the cost of mainte=nance shall
be sharvd*egi1,111Y be=tween all parties in ownership. It shall be
the 1-esl-,onsibili.ty of the party selling tc) obtain written
responsibility for this maintenance and should they fail to do
so tlec.-n they shall bear that portion of the above referenced
!;jaintenance wh-ch otherwise; would be br_x by a third party or
It J.e .
jj
In th(: :Nel l` th_et ezithr:r parcel of ground, sha! 7j,- :sub-
(! di.vic d or othe�.rwise dedicated then the party doing the same
�! .hall be responsible for they above referenced maintenance unless
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the same is as umed by a public entity,
�I Grantor hereby recognizes the use of the easement herein
j and covenants not to allow an:, building or other blockage on
ij said easement.
The easement. granted herein shall in no way diminish
Granter': ownern,h{.;, of the prop,--rty which in the ubject- of this
easement including but not limited to his use of a portion of
the Grantee's property as a septic tank drain filed. The
parties further acknowledge that at the t --me this document is
executed each is aware of the portion of the property wherein
the septic tank drain field is located.
Grantees shall place no bulleings, gates or any obstruction
along ^r upon said easement. They shall however, he allowed to
place a gate upon their property as long as it does not disturb
the rights given to Grantor herein.
". Grantees agree that in installing the gas line or other
Utility easements that such installation ,hall not c= -.;Se removal
:j: 11 -rd J..:i t,.r o fence, night Pole Cr )n.^,.!-:.0' _.. i
`ield ..
drain.
r:rantor
agrees that. should a title co-Mp ans?
: rc-tse: t &hat his
wif-s execute
documents,
showi.ny` thrt the G,-4ntor
has or had the
rich: to c;,scute this
document' anel :bind Grantor
an, is y;._`ei to
this document
he s,.".all
obtain. said s icnat.-ire.
This and Agrnement is Co 1... s^:Ct,,Shc. ..0 bl,-jding on
1 the parties. Should either pc.....y Lind neceSSc.::y ti0 .LCrC_
any .part of this document the pre -i, -ailing p artty shall be entitled
tri reasonable attorney fuer an,,! cocas.
— -] e' en� and f gr�'.n,i�ern Fhal y n h n= the
Sial' L. c.S T i � u�l lJ 1/1.,{.xnq upon ti:1
Parties, their heirs, suck^_ssors end (assigns.
•.. .. �.- •:!�'J' s_1. s ,��.t 1'I ti••n h, e-- r n�"!i re :. i... �r=r•]hr
� ;•� �.�.��`�nr;�)� :.fir
Dli:�i.F�;l. IJy'•Jii :;JCF (GrantorY
v
CI•:CII, OI./IVET' DOUGI,ASS ;(Grantee)
DOS DTHY,' JUNE UOiJGLJ•.SS (Grantef.
STATE OF IDAHO)
County of Ada y
d,y o� r/ _ _ lain. }sc`ozc• .:��
*a- lie undvrr.igneC, a NotiYy i't1II) Iic stn ,end :Cr said State,
personally appcarefi WESLEY J. LA4MErIC'r'., Grantor, };noun to me to
be the per2on whostc na..ic is subscribcu to the `oregci
instrumf.:r,t, and acknc,wledg-�d ',:o me that he executed the sa,-ne.
rf� t /1
I�r WITNESS NF'.EREOF, 1 have hereunto set my }'arad and alitxc-d
,:17 o:.icial seal, t1i_ clay and y..ar in t}7i:: cort._`:.c4..e first
1••+•rrae p.{
s r,
aw•n.r a•n.•!
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-!� 1. J �: r�'r �.�r•-•�..�r�r �..c � i•/
}:Utary Pub i, .."r '.: Idsii
I
S'1:1TE OF NEVADA)
\\_ ``- ss.
County
On This � ��. day of t (� l��t� �► o �/ 1989, before me,
the undersigned, a Notar� Public in Ca d for said State,
personally appeared CECIL OLIVER DOUGLAS and DOROTHY JUNE
DOUGL ASS, Grantees, known to me to be the persons whose names
are subscribed to the foregoing instrument, and acknowledged to
me that he executed the same.
IN WITNESS WHEREOF, I
my official seal, the clay
above written.
( SEAL)
H r�Tor: or "y %, C". .. �'.; .. .: 1C'.. r; r•: .Y •. .,. .� .. y
n `
1
44"Cirn'- I i.
W'Y,-Mealn. �.
t �rccRsrc�r I
I�
(f1..`1.NrM
raiw�hrrM apa, r.q r � J
have hereunto set my hand and affixed
and year in th4s certificate first
Notary Pu lie i and for Neya a
Residence: r . : r .,� ���J,'
STAT& OFMAW, CoMwoFADA, ss
I, 7. D -id N&Wr1% Reoordq far Adpa, Cy aty^d�o h-a}n/d}�� aeatify tlset die Aoif a i i :
tme {md ootroct copy-oflmt. No I] 1 Q I / l7 -7 ,may
as it appea n on mord in Book of
at Page_, Rewords; of Ada County, Stole of &l"
IN Wr1W S WHPREo'F, T hsce sut M head and affixed rry offieialseai *b
1. DAVID hT, V.ARRO, Q000rd fr
By
EXHIBIT "A"
That portion of Government Lot 1, Section 12,
T. 4N., R. 1W., B.M., Ada County, Idaho, more
particularly described as follows:
Commencing at a point on the North line of
said Lot 1 which bears S 890 18' East a
distance of 780 feet, more or less, from the
NW corner of said Lot 1, to a point which is
530 feet W. of the NE corner of said
Government Lot: 1, and being the Real Point of
Beginning;
Thence N 89°18'W along the North lin.? of said
Lot 1 a distance of 780 feet, more or less, to
the NW corner of said Lot 1;
Thence S 0``'39' E along the West line of said
Lot 1 a distance of 600 feet, more or less;
Thence N 89051' E to the North Sank of the
Boise River;
Thence Northeasterly along s$id North Bank to
n point which bears S 3 23' E a distance of
459 feet, more or less, from the Real Point of
Beginning;
Thence N 3°23' W a distance of 459 feet, more
or less, to the Real Point of Becinning.
SUBJECT TO all current taxes and assessments.
C41121-1
EXHIBIT "B"
v
`~ 1107000126
BOUNDARY DESCRIPTION
FOR
OLIVER DOUGLASS
A parcel of land located in part of Government Lot 1, Section 12,
Township 4 North ':Inge 1 West, Boise Meridian, Ada County,
Idaho, wore particularly described as follows:
comencing at the NW corner of said Government Lot 1;
thence S 0032133" W along the westerly boundary of. said
Government Lot 1 a distance of 667.00 feet to the POINT OF
MINNING;
thence continuing S 0°32'33° W a distance of 637.32 feet to the
SW corner of said Government Lot 1;
thence S 89°52113" E along the southerly boundary of said
Government Lot 1 a distance of 647.67 feet to a point on the
westerly bank of the Boise River;
thence N 400561130 E along the GLO :meander line a distance of
413.18 feet to a -point on the westerly boundary of Instrument
Number 854548 as recorded at the Office of the Recorder, Ada
County, Idabol
thence leaving said meander line and along said westerly boundary
of Instrument Number 854548 N 0037150" E a distance of 317.97
fact to a point;
thence leaving said westerly boundary of Instrument Number 854548
if 890271271 W a distance of 915.90 feet to the POINT OF
89GINHING.
This parcel contains 1.2.365 acres, more or less.
This parcol is cub4ect; to any easements of record or in use.
EX111111a "C"
INGRESS, -EGRESS AND UTILITIES
EASI.MENT FOR
OLIVER DOUGLASS
A 30.00 foot strip of land for ingress -egress and utility
purposes lying wit;,in Government Lot 1, Section 12, Township 4
North, Range 1 West, Boise Meridian, Ada County, Idaho, more
particularly described as follows.:
Commencing at the Nw corner of said Government Lot 1;
thence along the westerly boundary of said Government Low 1
S 0032133" W a distance of 67.05 feet to a point on the southerly
sight -of -way of State Highway 44 and the POINT OF BEGINNING;
thence continuing S 0032133" W a distance of 619.95 feet to a
point;
thence leaving the westerly boundary of said Government Lot 1
S 89027127" E a distance of 30.00 feet to a point;
thence N 032'33" E and parallel with the westerly boundary of
said Government Lot 1 a distance of 620.92 feet to a point on the
southerly boundary of said State Highway 44;
thence 30.02 feet a3ong the arc of a 22858.31 foot radius curve
left, said curve having a central angle of 0004131", a long chord
of 30.02 feet and a long chord bearing of S 86041154" W to the
POINT OF BEGINNING.
`'r
iN
110700=8
QUITCLAIII DEED
• POIl
OLIVER DOUGLASS
A parcel of land ]ncated in part of Government Lot 1, Section 12,
Township 4 North, -Range 1 West, poise Meridian, Ada County,
Idtho, mora particularly described as followts:
co=ancing at the NW corner of said Government Lot 11
thence S 0°32133" W along the westerly boundary of said
Government Lot 1 a distance of 600.00 feet to the FJINT OF
3=11 HIM G1
thanco continuing S 0632133" Ul a distance of 67.00 feet to a
point;
thence leaving the westerly boundary of said Government Let 1
6 89027127" % a distance of 915.90 feet to a point on the
westerly boundary of Instrument Number 854548 as recorded at the
Offica of the Recorder, Ada County, Idaho;
ti; nce N 0°37'50' £ along the westerly boundary of said
Instrument Number 854548 a distance of 17.88 feet to the
southerly corner of In3trument Number 7620263 as recorded at said
Gffie* of tho Recorders
thence N 24°50'12" W along the westerly bourdary of said
inntru=nt Number 7620:263 a distance of 51.37 feet to a points
thence having the westerly boundary of said Instrument Number
7620263 N 89027127" W a distance of 892.63 feet to the POINT OF
This ptrcol contains 1.396 acres more or leas.
Tt.is parcel is subject to any easements of record or in use.