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HomeMy WebLinkAboutEasement8�36�Sa0 DECLARATION OF EASEMENT AND JOINT USE AND MAINTENANCE AGREEMENT HIS DECLAP-ATION AJTD EASEMENT entered into by and between _ e following: Edson A. Fujii and Patricia A. Fujii, husband and wife C•.W.^.ers c f `; `'following descrbed tract: :hportion--of the west one-hal-f of the Southeast quarter of he Southwest quarter Section 1, Township 3 North, Range 1 West, Boise -Meridian, Ada County Idaho described as follows: , more particularly Beginning 280 feet West of the Southeast corner of the West one-half of the Southeast quarter of the Southwest quarter Of Section 1, Township 3 North, Range 1 West, Meridian; thence Boise- ?iorth 330 feet; 'hence West 120 feet; t-e.^.ce South 33U feet; hence East 120 feet to "he PLACE OF BEGINNING. EXCEPT the South 25 feet thereof for public right-of-way, AND EXCEPT the North 15 feet of the South 40 feet conveyed to Ada County, Highway District for public right-of-way by deed recorded under Instrument no. 7704517. AND wife, owners yOf thee followingcdescribednd Vitoria L.Wtraceekst:husband and The parcel of lard Lin the West half Southeast Soup. ast cuarter of Section 1 quarter West 30ise-M , Township 3 North, Range 1 eridian, Ada County, Idaho-, more particular) described as ''follows: y Commencing at the Southeast corner of the r Southwest r West half 1, the Southeast quarte thence 4uarte- of said Section 1, west along the center 1�7e of Cherry Lane 165.00 feet to Point; thence a North 0'071 hence �'c + "esue 330.00 feet to the real point of beginning; t West 256.00 feet to a point; thence 1?0-t 0'07' Westai42.34 feet to a point; thence 19°23 EaS� 29,og a East 245.99 foot to '2e` to a point; thence South 0'071 a roint; thence East 171.12 feet to the REAL POINT OF BEGINNING. Except the ditc: and road rights of way. CC? - =NUZD PAGE 2 AND Secretary of Housing and 'Urban Development owners of the following described tract: A parcel of land in the West half of the Southeast quarter of the Southwest quarter of Section 1, Township 3moTPth, Range 1 West, Boise -Meridian, Ada County, Idaho, particularly described as follows: West half of the Commencing at the Southeast corner quarter of said Section Southeast quarter of the Southwest quart 1; thence ne 165.00 feet to a point; Along the center line of Cherry La thence North 0*07' West 501.12 feet to the REAL POINT OF BEGINNING; thence point; thence West 245.99 feet to a p Dint; thence North 19*23, East 221.27 feet to a point; thence North 89153' East 172.13 feet to a p South 0*07' East 209.08 feet to the REAL POINT OF BEGINNING. AND Cecil A. .Cherry and Beth N. Cherry, husband and wife, owners of the following described tract: commencing at the Southwest corner of the Southeast quarter Co co the Southwest quarter of said Section 1, thence North 20°43'45" East 1,050.48 feet to the POINT OF BEGINNING; thence East 125.83 feet to a point; thence Dint; thence South 00'14121" West 274.95 feet to a point; thence South 89*51140" West 172.01 feet to a p irOrth 19=24'52" East 143.02 feet to a point; thence ;forth 00'04144" West 140.47 feet to the POINT OF BEGINNING. Said parcel being formerly described as follows: Commencing at the Southwest corner of the Southeast quarter of the Southwest quarter of Section 1, Township 3 North, Range 1 West, Boise-Meridian,Ada County, Idaho thence to a point; thence North 00'24130" West 985.21 feet East 253.25 feet to the REAL POINT OFBGIthence THENCE North 00'07' West 340.11 feet to a point; Dint; thence South 89'58'30" East 24g.80o feet tooant; thence South 00*07 East 615.00 fe_t to a point; thence South 89*53' West 172.09 feet to a point; thence North 15*23' East 142.63 feet to a P thence North 00'07, West 140.46 feet to a point, West 10feet to the REAL POINT OF BEGINNING. 340.11 feet. EXCEPT THEREFROM THE Northerly CONTINUED PAG E 3 AND Dexter G. King and R. Celia M. King, husband and wife, owners of the following described tract: A parcel of land in the Southeast quarter of the Southwest quarter of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho more particularly described as follows: The North 340.11 feet of the following described property: Commencing at the Southwest corner of the Southeast quarter of the Southwest quarter of Section 1, Township 3 North, Range 1 West, Boise Meridian; thence North 00'24'30" West 985.21 feet to a point; thence East 253.25 feet to the REAL POINT OF BEGINNING; thence North 00'07' West 340.11 feet to a point thence South 89*5813011 East 248.80 feet to a point; thence South 00'07' East 615.0o feet to a point; thence South 89'53' West 172.09 feet to a point; thence North 19'23' East 142.63 feet to a point; thence North 00'07' West 140.46 feet to a point; thence West 124.40 feet to the REAL POINT OF BEGINNING. EXCEPT ditch and road ri t-of-ways. AND Carolyn Holad sonal representative of the EstatelOfdWilliamly nHolady,d as Jr., deceased, owner of the following described tract: land the Suthes *quarter loffSection n1, Townshipa3tNorth, Rangequarter oft1 westhe , Meridian. Beginning at the Southwest corner of the Southeast quarter of said section, thence North 00*241301, West 985.21 feet, thence East 124.42 feet to the POINT OF BEGINNING, thence North 00'24130" West 340.61 feet to a point; thence South 89*5813011 East 124.40 feet to a point; thence South 00'07' East 340.11 feet to a point; thence West 124.40 feet to a POINT OF BEGINNING. v� CONTINUED PAGE 4 wife,AowwnersrofsW. Kerr and the followingcarol L. dascribedehusband and tract: A parcel of land in the southeast quarter of the southwest quarter of Section 1, Township - North, Range 1 West of the Boise Meridian, Ada county, Idaho, more particularly described as follows: quarter Commencing at the South«est corner of thesoutheast sNorth, of the Southwest quarter of Section 1, P Range 1 West of the Boise Meridian; thence North 00*24130" West, 985.21 feet to the REAL POINT OF BEGINNING; thence continuing North 00*24130" West, 340.23 feet to a point; thence South 89*58130" East, 124.42 feet to a point; thence South 00'07' East, 340.61 feet to a Point; West 124.4.2 feet to e REAL PO NT -1 BEGINNING. owner of the AND John Anthonv Dixon, a a„a following described tract: A parcel of land in the West half of the Southeast quarter of the Southwest quarter of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, State of.Idaho, more particularly described as follows: Commencing at the Southwest corner of the southeast quarter of said Section; thence North 00'24'30" West along the West 1/16th line, 671.64 feet to the REAL POINT OF BEGINNING; thence continuing ',orth 00'24130" West alone; the West 1/16th line, 313.51 feet to a point; thence East 163.22 feet to a point; thence South 04,15130" West 162.82 feet to a point; which is the Northwest corner of that parcel described as Instrument No. Instrument recorded July 10, 1969, as 720281, records of Ada County, Idaho; thence South 00'23' East 150.10 feet along the West boundary line of the parcel described in Instrument no. 720281, �o a point; thence South 89'35' West -49.10 feet to the REAL POINT OF BEGii4N1N,G. s �_ CONTINUED PAGE 5 AND Nila Rae Hail Williams, owner of the following described tract: A parcel of land in the Southeast quarter of the Southwest quarter of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Southwest corner of: the Southeast quarter of the Southwest quarter of Section 1, Township 3 North, Range 1 West, Boise Meridian, thence North 00*24130" west, 671.74 feet to a point; thence North 89.35' East, 149.90 feet to the REAL POINT OF BEGINNING; thence North 00'23' West, 150.10 feet to a point; thence North 04°15'30" East 162.82 feet to a point; thence East 214.43 feet to a point; thence South 00'07' East 140.46 feec to a point; thence South 19'23' West 181.07 feet to a point; thence South 89,35, West, 165.71 feet to the REAL POINT OF BEGINNING. AND Elmer Adams and Margaret L. Adams, husband and wife, owners of the folloyng described tract: A parcel of land in the! Southeast quarter of the Southwest quarter of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho more particularly described as follows: Commencing at the Southwest corner of the Southeast quarter sf the Southwest quarter of Section 1, Township 3 North, Rance 1 West Boise Meridian; _ NorthNorth00 ° 24 ' 30" West ?dianc thence 501.12 feet to the REAL POINT OF BEGINNING; thence continuing :forth 00*24130" West 170.52 feet to a point; thence North 89'35' East, 315.61 feet to a point; thence Scuts 19°23' West F West 253.5g foot do"3.20 watt to a point; thence c he R� POINT OF BEGINNING. C C Y .:1 .. - ' PAGE 6 I AND Billy R. Longden and Carol A. Longden, husband and wife, owners of the following described tract: A tract of land in the Southeast quarter of the Southwest quarter of Section 1, Township 3 North, Range 1, West, Boise } Meridian, Ada County, Idaho, described as follows: Beginning at the Southwest corner of the said Southeast quarter of the Southwest quarter; thence quarter line 330.00 North 0-24130" West along the quarter, feet to the POINT OF BEGINNING: thence continuing North 0'24130" West 171.13 feet more or less to the Southwest corner of the tract Of land conveyed by Warranty Deed recorded as Instrument No. 7810099; thence East alor.•A the South line of said parcel 253.92 feet ntt the Southeast corner of said same tract; (said p also being the southwest corner of the tract of land conveyed by deed recorded as Instrument No. 753204); thence : South 19'23' West 29.28 feet; thence South 0.07' East 142.85 feet to a point on the North line, extended Easterly, of tract of land conveyed by I Warranty deed recorded as Instrument No. 84170a; thence , West along said North line and the North line extended East, 243.04 feet to a POINT OF BEGINNING. AND Lynda Lee Roundy, owner of the following described tract: i A parcel of land in the Southeast quarter of the Southwest c::a=`er of Section 1, Township 3 North, -Range 1 West, Boise meridian, Ada County, Idaho, more particularly described as �oilows: Commencing at the Southwest corner of the Southeast quarter of the Section 1, Township 3 North, Range 1 West, Boise Meridian; thence North: 00'24'30" West 200.00 feet to the REAL POINT OF BEGINNING; thence continuing North 00'24'30" West 130.00 feet to a point; thence East 203.00 feet toa poin; thence South: 00' 24' 30" Eastg30.0 feet ..o a point; thence West 95.01 feet to a point; thence South 00'24130" East 100.00 feet to a point; thence west 108.00 feet to the REAL POINT OF BEGINNING. C�':-�NUED PAGE 7 AND Marie Roundy Hansen, as her sole and separate property, the owner of the following described tract: Beginning 221 feet East of the southwest corner of the Southeast quarter of the Southwest quarter of Section Township 3 North, Range 1 West of the Boise Meridian; Worth 175 feet; thenr_e West 113' feet; thence North 10o feet; thence East 95 feet; thence North 3o feet; thence East 50 feet; thence South 305 feet; thence West 42 feet to the PLACE OF BEGINNING. 1, thence AND Teddy D. Kildow and Sheila E. Kildow, husband and wife, owners of the following described tract: Part of the Southeast quarter Southwest quarter, Section i, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, :sore particularly described as follows: Beginning at the Southwest corner of the Southeast quarter of the Southwest quarter of Section 1, Township 3 North, Range 1 West, Boise Meridian, in Ada County, State of Idaho, and running; therce East along the Section lire a distance of 108 feet to the REAL PLACE OF BEGINNING; thence running North 202 feet; thence running East 105 feet; thence running South 202 feet; thence running West 105 feet to the REAL PLACE OF BEGINNING. CONTINUED PAGE 8 AND owners as noted, by --he Declaration, hereby created and established an Easement for ingress, egress and utilities over and across the following described tract: Commencing at the Southwest corner of the West half of the Southeast quarter of the southwest quarter of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, ;daho; thence _.ast 220.36 feet to the REAL, POINT OF BEGINNING; thence North 00'07' West 476.41 feet to a point; -chence North 19'23' East 394.24 feet to a point; thence thence North 00'07' Wes.. 105.78 feet to a point on a cure right on a curve whose radius is 37.50long cfeet, bearso e central angle is 32'29'20", whose hord North 39*49120" West 20.98 feet to a point; thence West 180.06 feet to a point of curve; thence whose curve right on a curve whose radius is 37.50 feet, central angle is 312'50140" and whose long chord bears North 30.00 feet; thence East 180.06 feet to a point on a curve; thence curve right on a curve whose radius ise37-50 feet, show central angle is 212'15120", g chord bears South 50'25`40" East 72.05 feet; thence South 00'07' East 113.00 feet to a point_ thence hence south 19'23' West 394.24 feet to a point, t to Westh422.007feetsto4the2REALePOINTa point; OF BEGINNING. THE EASEMENT hereby created and established shall be for the exclusive benefit of the owners datractsnd herein described, and the same shall be perpetual covenants runningtr•with said to the tahe following: The parties also agree 1} That each party hereto shall o tt.etmaintenaute nceland according to each lot owned, repair of above described roadway; 2) The above described roadway will be constr to ctedsto be passable year around and that no party authorized to or shall expect any other party to contribute to improvement by placing gravel or asphalt on the roadway without prior written agreeme,it of two thirds of the parties; c01I INUE0 PAGE 9 3) The parties hereto agree to use said roadway for ncrmal ingress and egress and utilities purposes relating to the property they own adjacent. Any party making use of roadway in such manner of such equipment that does sig nificant damage, shall be responsible for repairing such damage at their expense; 4) The parties hereto agree to share equally to the expense of drainage ditches, conduits, tiles or culverts required by the Ada County, or other public nority in order ..o assure safe passable condition Of roadway for indicated lots. 51 This agreement shall be binding on the heirs, successors and assigns of the parties hereto. DWED' QW0DAY OF DcCnMWR 1°-88 ACKNOWLEDGMENT - Individual ss. STATE OF -, County of t year of , before me On this day of in he a notary public, personally appeared EDSOti A. FGJII KID PATRhose I CIA A. FUJII, known or identified to me to be the person subscribed to the within instrument, and acknowledged to me that he executed the same. Notary Public: Residing at: My Commission Expires: ACKNOWLEDGMENT - Individual STATE OF' County of ss. in the year of , before On th,s dal of a notary public, meL. personally appeared GARY C. WEEKS AND dICTOhose nameEEKS, known or identified to me to be the person subscribed to the within instrument, and acknowledged to -me that he executed the same. Notary Public: Residing at: My Commission Expires: ;;CW ,LDGME:iT - Individual ss. County of �L'' STATE OF - - 1 is the year of > y7j , before On `^' s ; — day, o�f �'�, r �•;� �� a notary Public, public np A'JD BET_H N. CHEFL4_' known or son whose name idea`:= ac to me to be the - oe-subscribed to the 'within -� he \j executed the 1.^IStr6.:i e:,i.., and acknowledged :o me that same• Notary Public: Residing at. My Commission Expires: %�.,� ACXNOWLEDGMENT - Individual STATE OF County of ss. On this day of me ^^ in the year of .J before a notary public, personally appeared" DEXTER G. X1,, T T� identified to me to be the person �TI G'• known or p son whose name instrument, and acknowledged to me thsubscribed to the within sZ me , ' . he executed the Notary Public: Residing at: >>a,s- 7- My Commission Expires: ACKNOWLEDGMENT - Individual STATE OF 'rZ County of %L�� '� ss. On Tthis F irk e _(�_ daY o_ in the year of /F.r^.P 1 before a o , a notary public, personally ppaced CHARLES W. KERR AND CAROL L. KERR, known or identified to „e to be the person S whose name `Z Usubscribed to the within instrument, and acknowledged to me that t sa.-ie: he _ executed the 4 Notary Public: Residing at: /�/,n S> .,•��,;� My Commission Expires; ACKNOWLEDGMENT - Individual STATE OF County of SS. On this day of me in the year of befcrE personally appeared NILA RAC HALL WILLIAMSotary public, identified to me to be the person whose name ' known or instrument, and ac}cnowledge su same. bscribed to the within d tq me tha he executed t e Notary Public: Residing at: My Commission Expires: ACKNOWLEDGMENT - Individual ss. STATE OF ' County of in the year of , before On this day of a notary public, me ;mown or personally appeared ELMER ADA,M AND �OSeEname ADAMS, identified to me to be the person subscribed to the within he t instrument, and acknowledged to me that he executed same. Notary Public: Residing at: My Commission Expires: ACKNOWLEDGMENT - Individual STATE OF ���'' , County of ss. _ day of ���'-��� in the year of / before On this a notary public, the .�! �r Q t�+u. ' personally appeared 3oHN ANTHONY DIXON w- �� �i+ x k or identified to me to be the person S whose subscribedtothe within Cc� executed the instrument, and acknowledged to me that t hey__ ` Notary Public: ' • Residing at: My Commission Expires: ACKTINLEDGMENT - Individual ......... Ccunty of ss. STATE OF = in the year of before On this Gam' c a notary public, me LYNDA LEE ROUNDY known or personally appeared whose name identified to me to be the person subscribed to the within instrument, and acknowledged to me that he _ executed the same. Notary Public: Residing at: - My Commission Expires: ACKNOWLEDGMENT - Individual STATE OF County of ' SS. On this day of me in the year of before personally appeared BILLY R. LONGDEN AND CAROL AarLONi-n N%t known or identified to me to be the person whose name instrument, and acknowledged to me thatbscribed to the within same. he _ executed the Notary Public: Residing at: My Commission Expires: ACKNOWLEDGMENT - Individual STATE OF County O ss. On this day of me in the year of before personally appeared TCpy D. ICIL ECOW ANDSHF1La notary public, or identified to me to be the Person whos E KILDOW, known se name instrument, and acknowledged to me that to the within same. he executed the Notary Public: Residing at: My Commission Expires: ACKNOWLEDGMENT - Individual STATE Or County of ss. On this 51111 day of DECEKBER in the year of gg me , before personally appeared MARIE ROIJNDY HANSENa notary public, identified to me to be the person whose name known or instrument, and acknowledged to me that to the within same. he _ executed the Notary Public: Residing at: My Commission Expires: ACKNOWLEDGMENT - Fiduciary/Official STATE OF ,rJ County of �""' _, ss, �- ��� ''•" , On this 5th day of DECEMBER, in the year of 1 888 , before me personally appeared CAROLYN IJOLADY INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF WILLI dphADY DECEASED known iiied to me 'Co be the person whose name is subscribed to or ide;-t- the within instrument as PEP.SO(trustt7AL REPREsheriff�,Eetc-end ee, acknowledged to me that she executed the same as such pRSONAL REPRESENTATIVE AND INDIVIDUALLY._ (trustee, sheriff, etc.) N tart' Public : ding at: s s State of /���-°� County o On this Sth day of December, 1n the year of 198 8, before me D�I 02 a notary public, in and for said State, p y pp appointed Tice known to me to be the duly Manager, FHA Field Office, Boise, Idaho, and the person who executed the foregoing instru;;.,-nt by virtue of the authority vested in him by the Code of Federal Regulations, Title 34, Chapter II, Part 200, Subpart D, and acknowledged to me that he executed the same as Boise Office Manager, for and on behalf of, Samuel R. Pierce, Jr., Secretary of Housing and Urban Development. `.fitness my hand and official sear Votar Pub ic, Boise, Idai�o Residing at Boise, Idaho Expiration Data ? -// -`,/ Individual State OZ Idaho, County of Al ta, ss: On this da,, oDecember, 1988, befor--, a notar.- ,bj;c, personally appeared C.Iia M. King, {:sown or identiCx_eT�� to rne to be til-le persor h' '* 'wn0s,l narne is subscribed to the within instz-UMent, and B.C.1clowleda ead ll�'0 Me that she executed the same. Notary Public ;,/L,�,�,,,: Residing at: MY Commission-Ei-pires: J C��Unty. ldft S" pecuels, ct r;'n&jz--'R 77LE CO, T I GAT= d . Nl 5AS—i IOA— Z;N'\,�r*Q,"C,' De2uty L ki —D -1 �S -• '" i � ti . '�:?:- .