CC - Easement and Agreement 8806507
Easempnt and Agreement
This Easement and Agreement is made and entered into this day of
rr � a y and between Steven M. Bravo and Dee Ann Bravo, husband and
wi e, heredlLer called "Bravo," and DavidB.
Hicks anci Debbie j. Hicks,
husband and wife, hereafter called "Hicks;"
WITNESS .
Whereas. "Bravo" is the owner of property legally described as
An irregular Dart of the North half of the �outheast Quarter, Section 10,
Township 3 North Range 1 West, iMeridian, Ada County. Inaho,
described as follows:
COMMENCING at a buried stone, the East quarter corner of Section 10,
Township 3 North, Range 1 West, Boise Meridian: thence
South 89*58g west along the centerline running Last and Westa distance
of • en
South 5*43' West a distance of 385 feet to a point: thence'
89°45'30" West a distance of 152.11 feet to a point; thence
South 0*12' West a distanCEfeet to the North right of way line of
the Orecone Short Line Railraod• thence
West along said North right of way line of aforesaid railroad to the West
line of the ten mile drain ditch; thence
Northwesterly along the West line of said drain ditch 880 feet, more or
point on the East-West Lenterline of said Section ;
thence
North 89*58' East along said centerline a distance of 79C feet, more or
less. to the REAL POINT OF BEGINNING.
EXCEPT
COMMENCING at a buried stone, the East quarter corner of Section
10, Township 3 North, Range 1 West, Boise Meridian; thence
South 89 _ centerline r nning—E-ast and West, a distance
of 039,2 feet to a stake, the TRUE POINT OF
thence
South 5043' West a distance of 385 feet to a point; thence
South 89°45'30" West a distance of 152.11 feet to a point; thence
South 0`12' West a distance of 100 feet to apoint: thence
South 89°43'30" West a distance of 370 feet to a point; thence
North ast a distance of 450 feet, more or less, to a point on the
centerline of Section 10, Township 3 North, Range 1 West: thence
along the centerline
North. East 555 feet, more or less, to the TRUE POINT OF BEGINNING.
AND EXCEPT road right of ways.
AND ALSO EXCEPT the Northerly 20 feet thereof: and
nage
Hicks/Bravo ?r
September 11, 1987 010A.G j)aIG2
Whereas, "Hicks" is the owner of pr perty legally described as follows.
Beginning at the quarter section corner common to Sections 10 and 11 , Township
3 North Range 1 West. Boise-Meridian,
South 89058' West along the East-West center line of Section 10 a
distance of 939.3 feet: thence
South 5°43' West 385.0 feet; thence
South 5°43' West 30.0 feet: thence
South 43°16'5" East 659.5--i-eet to a point on the North right-of-way for
the Oregon Short Line Railroad; thence
North 89°18' West 986.5 feet along said right-of-way to a point. the
point of beginning of the parcel to be described herein: thence
North 267 feet; thence
South 89*18' Fast 96 feet, more or less, to the West edge of the Drain
ditch; thence
Southerly along the West edge of the Drain Ditch, to the North line of
the Oregon Shortline Railroad; thence
West along the North right of way line of the Oregon Shortline Railroad
o the place of beginning; an
Whereas, "Hicks" in common with "Bravo" use a common road for access as
Durportedly established by Warranty Deed recorded April 23, 1979, under
Instrument No- 7921717 and granted by Warranty Deed recorded May 9, 1984$
under Instrument No. 8422904; and
Whereas, said easement as established and granted did not specifically define
the use and benefit of said easement, the cost of maintenance or repair and/or
the actual width of the roadway as being used; and
Whereas, it is the desire of "Bravo" and "Hicks" to amend, clarify and
establish of record the aforementioned easement-and herights, privileges an
obligations related thereto.
NOW, THEREFORE, for and in consideration of the premises and the mutual
benefits to be derived therefrom, " does hereby impress upon, confirm,
re-establish rant and convey to "Hicks," their heirs, devisees,
and assigns a perpetual non-exclusive easement for ingress and egress 15 feet
in width over and across the following described land:
A strip of land 15 feetin width, the Easterly line of which is described as
COMMENCING at the centeT point of Section 10, Township 3 NorthRange
West, Boise Meridian, Ada County, Idaho; thence
running due East along the North boundary line of the Southeast quarter
of Section In, to a point where said line intersects with the Ten Mile
citch• thence
proceeding to the Easterly side of said ditch; thence East 15 feet to the
REAL POINT OF BEGINNING; thence
running in a Southeasterly direction and parallel to said ditch to a
point where Ten Mile ditch intersects with the 1/16th corner line of
Section 10 which is the Last Line of the Northwest quarter of the Southeast
quarter of Section 10; thence
due South to the above-described real property.
age
• M
Hicks/Bravo
September 11, 1987 OAC r2l5 �3�3
Said easement to be appurtenant to the above-described "Hicks" land and a
covenant running with said land and the cost of maintenance and repairs
thereof shall be shared equally between "Bravo" and "Hicks" and the use
thereof limited to residential use only and not to include farm machinery or
heavy equipment.
�n
Steven M. Bravo
ee Ann Eiravo Debbie J. Hicks
STATE OF idaho County of Ad a . SS.
On this 1st day of February in the year of 1988 , before me
Kathr— _n A. C7eopfi1 a notary public,
personally appeared David Hicks ana Debnie J. HiMs-
known.or Adentified to me to bete persons whose names are subscribed
►r' trument, and acknowledgeedexecuted the 5arre.
Notary Public:
Residing at: Eagle
� My Commission Expires: 7'17/91
• t V,r .
STATE OF County of hem s s.
On this day of in the year of before me
a notary public,
- r•
persona ,ly -appeared
P the person
to the'witiliW -i rument and acknow� ed ed ho me that = he..' exec
••'suted the sane.
Notary Public:Residing ,' .�✓ t r ,:c
. i..
:'"•4y%ommission Expires: �r':•1 ��i