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HomeMy WebLinkAboutPZ - Easements - ;18i � PIG,vcta TITLE CO. ROAD MAINTENANCE AGREEMENT i D. J. 0'..' THIS AGREEMENT made and entered into this 7Sth�jOd�'c�v.b I 19 93 by and between Larry_.D_ Bowman and Debra A. Bowman l 2 all of whom are collectively hereinafter refferred t65ONf5imesrh 3 52 WHEREAS, the Parties hereto use a private roadway to serve their 1 respective houses; and WHEREAS, the roadway serving the houses occasionally requires maintenance, consisting of grading and the addition of gravel or roadmix; and WHEREAS, the cost of the maintenance can be reduced by cooperatively purchasing the goods and sevices when they are needed; NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed as follows: 1. The Parties hereto do hereby agree that when the said Parties agree that the roadway is in need of grading, that they will each pay their proportional cost of the grading by a motor grader, the said proportional cost to be apportioned according to the length of the private roadway utilized by the respective parties. 2. The Parties hereto do hereby agree that when the said Parties agree that the roadway is in need of added gravel or roadmix, that they will each pay their proportional cost of the gravel or roadmix based upon the location of the gravel to be placed on the roadway. If the roadway is in need of additional base material , the provisions of the paragraph shall apply. 3. It is expressly agreed, however, between the Parties hereto, that the rights and obligations set forth herein shall be assignable by Larry D. Bawmand and Debra A. Bowman to any purchaser of the real property described in Exhibit "A" hereto. 4. This Agreement shall inure to the benefit of and be binding upon the heirs, devisees, successors, and assigns of the parties to this Agreement. 5. Each of the Parties hereto does hereby agree to execute any and all other instruments which may be necessary in order to carry out the covenants and the intent of this Agreement. ROAD MAINTENANCE AGREEMENT. Pg. 1 1552001611 IN WITNESS WHEREOF we have laced our hands and seals on this -� day of !' e , 19 . a A. Bowman "ROAD USERS" STATE OF— COUNTY OF -4-- * --" �� On this Z4f day of;`?--� before me the undersigned notary public in nd for aril j state, personally appeared known to me td be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. IN 4ITNESS WHEREOF, I have hereunto set my hand and seal the day and year in .he certificate first above written. n ttr,rrrrrrrrr all • �► .s Notary -ubl ic: A% = Residing at: � ��-� - Z • O .0 V ' - Commission Expires: -?.�!> - , 2 v v ; e auk' ','�llJlf rllltt L,t1 ROAD MA:'4TENANCE AGREEMENT. Pg. 2 • COM"MITMENT FOR TITLE INSURANCE SCHEDULE c .i5; �71�12 File Number.P 121469 The land referred to In this Commitment is described as foffaws: A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34.TOWNSHIP 4 NORTH, RANGE 1 WEST OF THE BOISE-MERIDIAN,ADA COUNTY, IDAHO, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (EAST 1 J4 CORNER) OF SECTION 34,TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE-MERIDIAN, THENCE NORTH 00 DEGREE 52'40'EAST(FORMERLY NORTH 00 DEGREE 52'44-E)A DISTANCE of 633.00 FEET TO A POINT ON THE EAST LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE NORTH 89 DEGREES 15'19"WEST (FORMERLY NORTH 89 DEGREES 15'16-W.)A DISTANCE OF 721.08 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING NORTH 89 DEGREES 15'19'WEST(FORMERLY NORTH B9 DEGREES 15'16'W)A DISTANCE OF 603.65 FEET TO A POINT ON THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 00 DEGREE 48'10'WEST A DISTANCE OF 395.99 FEET (FORMERLY SOUTH 0 DEGREE 54'15'EAST,396.00 FEET)ALONG SAID WEST LINE TO A POINT; THENCE SOUTH 89 DEGREES 10'51"EAST A DISTANCE OF 561.89 FEET(FORMERLY 565.90)TO A POINT; THENCE NORTH 85 DEGREES 43'17' EAST (FORMERLY NORTH 85 DEGREES 43'18`E.)A DISTANCE OF 41.27 FEET TO A POINT; THENCE NORTH 01 DEGREE 01'59' EAST A DISTANCE OF 48.98 FEET TO A POINT; THENCE NORTH 00 DEGREE 52'40"EAST A DISTANCE OF 344.13 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. TOGETHER WITH ACCESS PROVIDED BY THE FOLLOWING DESCRIBED EASEMENT: COMMENCING A THE REAL POINT OF BEGINNING OF THE ABOVE DESCRIBED PARCEL,WHICH IS ALSO THE REAL POINT OF BEGINNING OF THIS EASEMENT, THENCE SOUTH 00 DEGREE 52'40"WEST A DISTANCE OF 30.00 FEET TO A POINT; THENCE SOUTH 89 DEGREES 15'19'EAST A DISTANCE OF 696.08 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF TEN MILE ROAD; THENCE NORTH 00 DEGREE 52'40"EAST A DISTANCE OF 30.00 FEET ALONG SAID RIGHT OF WAY TO A POINT; THENCE NORTH 89 DEGREES 15'19"WEST A DISTANCE OF 696.08 FEETTO THE REAL POINT OF BEGINNING OF THIS EASEMENT. END OF LEGAL DESCRIPTION 4. THE LAND REFERRED TO IN THIS POLICY IS LOCATED IN THE COUNTY OF ADA STATE OF IDAHO AND DESCRIBED AS FOLLOWS: A PARCEL OF LAND BEING A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE-MERIDIAN, ADA COUNTY, IDAI10, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE QUARTER SECTION CORNER COMMON TO SECTIONS 34 AND 351 TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN; THENCE NORTH 0-52144" EAST 303.00 FEET ON THE SECTION LINE TO A POINT WHICH IS THE REAL POINT OF BEGINNING; THENCE SOUTH 89'37121" WEST 721.25 FEET (FORMERLY 717.25 FEET) , TO A 5/8 INCH REBAR; THENCE SOUTH 1'01,59" WEST 48.98 FEET (FORMERLY 49.0 FEET) , TO A 1/2 INCH REBAR; THENCE SOUTH 85'43 ' 18" WEST 41.27 FEET TO A 1/2 INCH REBAR; THENCE NORTH 89*10151" WEST 565.90 FEET TO A 1/2 INCH REBAR, WHICH IS ON THE WEST LINE OF THE SOUTHEAST QUARTER OF T11E NORTHEAST QUARTER OF SAID SECTION 34 ; THENCE NORTH 0054115" WEST 396.00 FEET ON SAID WEST LINE TO A 1/2 INCH REBAR; THENCE SOUTH 89*15116" EAST, PARALLEL TO THE SOUTH LINE OF SAID SOUTHEAST QUARTER, NORTHEAST QUARTER, 1,328.04 FEET TO A POINT, WHICH IS ON THE SECTION LINE COMMON TO SAID SECTIONS 14 AND 15; THENCE SOUTII 0'52 '44" WEST 330.00 FEET ON SAID SECTION LINE TO T13E REAL POINT OF BEGINNING. EXCEPT A PARCEL OF LAND BEING A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 4 NORTHr RANGE 1 WEST, BOISE-MERIDIAN, ADA COUNTY, IDA110, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE QUARTER SECTION CORNER COMMON TO SECTIONS 34 AND 35, TOWIISIIIP 4 NORTH, RANGE 1 WEST, BOISE--MERIDIAN; THENCE NORTH 0'52144" EAST, (NORTH IN RECORDED DEED, INSTRUMENT NO. 893584) , 303.00 FEET ON THE SECTION LINE TO A POINT WHICH IS THE REAL POINT OF BEGINNING; THENCE SOUTH 89`37 '21" WEST 721.25 FEET, (SOUTH 88-361 WEST 717.25 FEET, IN RECORDED DEED, INSTRUMENT NO. 893584) TO A 5/8 INCH REBAR; THENCE NORTH 89'18fl7" EAST 721.35 FEET TO A POINT ON SAID SECTION LINE; THENCE SOUTH 0'52'44" WEST 4.00 FEET TO THE REAL POINT OF BEGINNING. Idaho Power Company 15230 0398 UNDERGROUND POWER LINE EASEMENT L 7 L` and ~` , Grantorfs) of `�� County. State of tkc, do hereby grant and come~ to IDAHO POWER COMPANY,a corporation, with its principal of lice located at 1220 Idaho Street, Boise, Idaho, its licensees, successors and assigns, Grantee, for One Dollar and other valuable considerations, receipt of which is hereby Acknowledged, o permanent and perpetual easement and right of wa;;, sufficient in width to install and maintain an underground electric power line, including the perpetual right to enter upon the real e.tate hereinafter de- scribed, at all reasonable time:, to construct, maintain and repair underground power lines over, through, under and across said lands, together with the right, at the sole expense of Grantee, to excavate and refill ditches and trenches for the location of said power lines, and the farther right to remove trees, bushes, sod, flowers and shrubbery and other oh- structions and improvements, interfering with the location, construction and maintenance of said power lines. over, on and across the following 1,remises, belonging to the said Grantorts) in _ T1C,0 County. State of Idaho in the following location, to-wit: A stri.o of Llnd 3D f0et ti,id3- anti IXing 15 feet On onch sick of ci centel-line. Iving within the NE4 of Sect inn 34, Tc%,iiship 4 North, Randr^ 1 tvcst, 130isre ME,rit?ian, s ?�•� centerl ins of S:hic }1 is llx r� }gar±.i.c ,�jarl� c}c�c ril�ec3 ns follows: Comtn,ncinn a`- this, Fast- cluarte- corner of said Section 30; thollce North 0 '52'4- 0" Fast a dist-3nco of 618 rcet: thence Nor+-h 89°15' 1g" ltiF?SY_ a distar!ce Of 721 ,n4 feet to the PIEr1, POINT OF thence of 60 f(-nt to the Point. Of T:-Minlls. 3r 023) 0 ~ 1r. R RECOR717 P RY 410A� '93 MR 22 M 10 53 Th electrical syslem generally will consist of buried power wires, transformers, junciior. boxes and other equi ment, art of which ay extend ove ground, necessary to serve electric power •to these premises and adjacent pre tses- xecuted n eliv day of 1-2119�� STATE OF Idaho County of Ada ss. On this 17th day of September 18 92 , before me, Mikki Mays a Notary Public,.personally appeared Joseph L. Gla.isyer -ancL, known to me to be the person(s) who executed the foregoing instrument and acknowledged to me that , he executej-Ahe same freely and voluntarily for the uses and purposes therein'me?ti�rl�d, ' 1 • ~ ���ot�{vaf $call'' L� --' Notary Public, residing at Mer' ian Commission expires June 719 OVER 5365 2M-10-'4t' Ci = aa - J tJ '1 � r PIONEER TITLE CO. J. C:. 12- y ! EASEMENT WHEREAS, Joseph L. Glaisyer a single man as his sole M 2 8 Pf� 3 5 3 separate property, (hereinafter referred to as "Grantor") is the owner of certain real property, more particularly described as follows, to-wit: SEE SCHEDULE "A" ATTACHED WHEREAS, Larry D Bowman and Debra A. Bowman, husband and wife, are the owners of certain real property, (hereinafter referred to as the "Bowman Property") more particularly described as follows, to-wit: SEE SCHEDULE "C" ATTACHED WHEREAS, the Grantor desires to grant, bargin, sell , convey and confirm unto Larry D. Bowman and Debra A. Bowman, husband and wife, an access easement upon and across Grantor's real property as described above to allow access to the Bowman Property from North Ten Mile; and WHEREAS, the Grantor, by this Easement, desire to make provisions for the unobstructed use of said access easement for ingress and egress to the Bowman Property; 14OW THEREFORE, Grantor does hereby grant, bargain, sell , convey and confirm unto Larry D. Bowman and Debra A. Bowman, husband and wife, an access easement upon the following described property, to-wit: Commencing at the real point of beginning of the above described parcel , (Schedule "A") which is also the real point of beginning of this easement, Thence South 00 degree 52'40" 'Test a distance of 30.00 feet to a point; Thence South 89 degree 15'19" East a distance of 696.08 feet to a point on the westerly right of way of Ten Mile Road; Thence North 00 degree 52'40" East a distance of 30.00 feet along said right of way to a point; Thence North 89 derees 15'19" best a distance of 696.08 feet to the real point of beginning of this easement. This Easement shall benefit, be appurtenant to and run with the Bowman Property described herein upon any subsequent grant, conveyance or transfer of the Bowman Property and shall be binding upon the Grantor, his respective heirs, executors, administrators and assigns. EASEMENT - 1 IN WITNESS WHEREOF, the Grantor hereunto set his hand and seal this AR � day of A4- 1993. a oseph L Glaisyer STATE OF !I A 1 a' County of On the day of,),tt e1_ in the year of 19 y before me, the undersigned Notary Publ�c n and for said State, personally appeared Joseph L. Glaisyer, known or identified to me to be the person whose nave is subscribed to the within instrument, and acknowledged to me that he 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. '?��—��� /' �`d�.��-c-.G fit✓ i aaaa+1,111e11," � Notary Public for +cU P. Q Residing in k,,.�,rZca, .••'•T••'••o My Commission Expires: . �► . . G ' .• o q : -o - e r ox EASEMENT - 2 COMMITMENT FOR TITLE INSURANCE • - SCHEDULE C Fie Number. P 121459 The land referred to in this Commitment is described as follows- A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER of SECTION 34.TOWNSHIP 4 NORTH, RANGE 1 WEST OF THE BOISE-MERIDIAN,ADA COUNTY, IDAHO. BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (EAST 1/4 CORNER) OF SECTION 34,TOWNSHIP 4 NORTH, RANGE 1 WEST,BOISE-MERIDIAN, THENCE NORTH 00 DEGREE 52'40"EAST (FORMERLY NORTH 00 DEGREE 52.44"E)A DISTANCE OF 633.00 FEET TO A POINT ON THE EAST LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE NORTH 69 DEGREES 15'19-WEST (FORMERLY NORTH 89 DEGREES 15.16-W.)A DISTANCE OF 721.08 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING NORTH 89 DEGREES 15'19"WEST(FORMERLY NORTH 89 DEGREES 15.16-W)A DISTANCE OF 603.65 FEETTO A POINT ON THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 00 DEGREE 48'10'WEST A DISTANCE OF 395.99 FEET(FORMERLY SOUTH a DEGREE 54'15" EAST.396.00 FEET)ALONG SAID WEST LINE TO A POINT; THENCE SOUTH 89 DEGREES 10'51'EAST A DISTANCE OF 561.89 FEET (FORMERLY 565.90) TO A POINT.- THENCE NORTH 85 DEGREES 43'1T EAST(FORMERLY NORTH 8S DEGREES 43'18"E.)A DISTANCE OF 41.27 FEET TO A POINT; THENCE NORTH 01 DEGREE 01'594 EAST A DISTANCE OF 48.98 FEET TO A POINT; THENCE NORTH 00 DEGREE 52'40" EAST A DISTANCE OF 344.13 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. TOGETHER WITH ACCESS PROVIDED BY THE FOLLOWING DESCRIBED EASEMENT: COMMENCING A THE REAL POINT OF BEGINNING OF THE ABOVE DESCRIBED PARCEL.WHIC-IS 'ALSO THE REAL POINT OF BEGINNING OF THIS EASEMENT, THENCE SOUTH 00 DEGREE 52'40"WEST A DISTANCE OF 30.00 FEET TO A POINT; THENCE SOUTH 89 DEGREES 15'19' EAST A DISTANCE OF 696.08 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF TEN MILE ROAD; THENCE NORTH 00 DEGREE 52'40"EAST A DISTANCE OF 30.00 FEET ALONG SAID RIGHT OF WAY TO A POINT; THENCE NORTH 89 DEGREES 15"19'WEST A DISTANCE OF 696.08 FEET TO THE REAL POINT CF BEGINNING OF THIS EASEMENT. END OF LEGAL DESCAIPT)ON 1552001619 E rtHIBIT "A" 4 . THE LAND REFERRED TO IN THIS POLICY IS LOCATED IN THE COUNTY OF ADA STATE OF IDAHO AND DESCRIBED AS FOLLOWS: A PARCEL OF LAND BEING A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE-MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE QUARTER SECTION CORNER COMMON TO SECTIONS 34 AND 35, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN; THENCE NORTH 0'52'44" EAST 303 .00 FEET ON THE SECTION LINE TO A POINT WHICH IS THE REAL POINT OF BEGINNING; THENCE SOUTH 89'37121" WEST 721.25 FEET (FORMERLY 717.25 FEET) , TO A 5/8 INCH REBAR; THENCE SOUTH 1001059" WEST 48.98 FEET (FORMERLY 49.0 FEET) , TO A 1/2 INCH REBAR; THENCE SOUTH 85'43118" WEST 41,27 FEET TO A 1/2 INCH REBAR; THENCE NORTH 89'10'5l" WEST 565.90 FEET TO A I/2 INCH REBAR, WHICH IS ON THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE NORTH 0'54 '15" WEST 396,00 FEET ON SAID WEST LINE TO A 1/2 INCH REBAR; THENCE SOUTH 8901511610 EAST, PARALLEL TO THE SOUTH LINE OF SAID SOUTHEAST QUARTER, NORTHEAST QUARTER, 1,328.04 FEET TO A POINT, WHICH IS ON THE SECTION LINE COMMON TO SAID SECTIONS 14 AND 15; THENCE SOUTH 0'52 '44" WEST 330.00 FEET ON SAID SECTION LINE TO THE REAL POINT OF BEGINNING. EXCEPT A PARCEL OF LAND BEING A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 4 NORTH, RANGE I WEST, BOISE-MERIDIAN, ADA COUNTY, IDA1I0, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE QUARTER SECTION CORNER COMMON TO SECTIONS 34 AND 35, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE-MERIDIAN; THENCE NORTH 0-52144" EAST, (NORTH IN RECORDED DEED, INSTRUMENT NO. 893584) , 303.00 FEET ON THE SECTION LINE TO A POINT WHICH IS THE REAL POINT OF BEGINNING; THENCE SOUTH 89*37@21" WEST 721.25 FEET, (SOUTH 88-36' WEST 717.25 FEET, IN RECORDED DEED, INSTRUMENT NO. 893584) TO A 5/8 INCH REBAR; THENCE NORTH 89'18117" EAST 721.35 FEET TO A POINT ON SAID SECTION LINE; THENCE SOUTH 0.52044" WEST 4_00 FEET TO THE REAL POINT OF BEGINNING. inam PLEASE RETURN TO: ADA COUNTY RECORDER Christopher D.Rich 2015-032283 1221 W.Idaho St.(83702) BOISE IDAHO Pgs=7 LISA BATT 04/20/2015 08:42 AM P.O.Box 70 IDAHO POWER AMOUNT.$28.00 Boise,ID 83707 111111111111111111111111111111111111111111111111 00088360201600322830070077 Easement—Individual Elizabeth A.Vorbeck "Grantor(s)",of Ada County,State of Idaho ,does hereby grant and convey to IDAHO POWER COMPANY,a Corporation,with its principal office located at 1221 W.Idaho Street,Boise,Idaho,83702 (P.O.Box 70,Boise,ID 83707),its licensees,successors,and assigns,(collectively,"Grantee"),for One Dollar and other valuable considerations,the receipt and sufficiency of which is hereby acknowledged,a permanent and perpetual easement and right of way, at all times sufficient in width for the installation,erection,continued operation,maintenance,repair,alteration,inspection,and/or replacement of the following: Combination Facilities: (i) Overhead electrical transmission,distribution and communication lines,including fiber optics,and circuits of Grantee,attached to poles or other supports,together with guys,cross-arms,supports,stabilizers,and (il) underground electrical power line or lines generally including,but not limited to,buried power lines and wires,above-ground pad-mounted transformers,junction boxes,cables,conduits,communication lines,including fiber optics,other equipment,and all related appurtenances,any of which may extend above ground,in certain locations to be determined by Grantee at Grantee's sole and absolute discretion,and (iii) any other attachments,appurtenances and incidental equipment relating to the items described in subclause(i)or(ii)above. All of the foregoing items described in subclause(i),(ii)and(iii)are collectively referred to herein as the"Facilities".Grantee shall also have the right to permit the attachment and/or use or placement of the wires,fixtures,cables and conduits of other companies or parties(all of the same being included within the definition of"Facilities"). The easement and right of way granted herein shall be over,on,and across the premises belonging to Grantor(s)in Ada County,State of Idaho ,in the location described below: Grantee is hereby also granted the perpetual right of ingress and egress over Grantor's other property necessary for the full and complete use,occupation,and enjoyment of the easement hereby granted,and together with all rights and privileges incident thereto, including,but not limited to,(i)the right,at Grantee's expense,to cut,trim,and remove trees,brush,bushes,sod,flowers,shrubbery, overhanging branches and other obstructions and improvements which may injure or interfere with Grantee's use,occupation,or enjoyment of this easement,(ii)the right,at Grantee's expense,to excavate and refill ditches and trenches for the location of the Facilities,and(iii)the right,at Grantee's expense,to install,construct,operate,inspect,alter,maintain,replace,improve and repair any and all aspects of Grantee's Facilities on,over,through,under and across the lands subject to this easement. The location of the easement and right of way granted herein is described as follows: A parcel of land as described in Easement Instrument#9340814 and depicted as a 30' Ingress-Egress and Utility Easement on Record of Survey#2024 and recorded as Instrument#9169792 in the Records of Ada County,Idaho attached hereto and made a part hereof. Grantor shall not alter the grade or elevation of the land within the right-of-way existing on the date hereof through excavations, grading,installation of berms,or other activities without the prior written approval of Grantee.Grantor shall not place or build any structure(s)within the easement area except fences and except as otherwise approved by Grantee in writing. This Easement shall run with the land and be binding upon the parties' successors and assigns. (Signature page immediately follows) CRE 004(5/13) PC Checked by: Ronald M.Hodge,PLS Work Order#: 27411186 Executed and delivered this 0 day of Sigpaat)qe(s)of Grantor(sy)' (Include tille where applic�®aable):, Person Acknowledging Instrument Proven to be the Signer by Satisfactory Identification STATE OF ,rJ^j' / COUNTY OF �!(,y ss. On this �® day of _ ,20!5 ,before me(Notary's Name) AI/ ��- a notary public,personally appeared and Elizabeth A.Vorbeck (Individual(s)Name)proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is subscribed to the within instrument,and acknowledged to me that she executed the same. �••• ►�'i' C U •, (• H ,•7 , (NOTARY SEAL) P l�' /L- / r '• ,��,, Notary Public My Commission Expires on CRE 004(5/13) [PC 0a . PIONEER TITLE CO. J. 0 Y /J 12- ,�L EASEMENT f� WHEREAS, Joseph L. Glaisyer a single man as his sole jal 28 Pal 3 53 separate property, (hereinafter referred to as "Grantor") is the owner of certain real property, more particularly described as follows, to-wit: SEE SCHEDULE "A" ATTACHED WHEREAS, Larry D Bowman and Debra A. Bowman, husband and wife, are the owners of certain real property, (hereinafter referred to as the "Bowman Property") more particularly described as follows, to-wit: SEE SCHEDULE "C" ATTACHED WHEREAS, the Grantor desires to grant, bargin, sell, convey and confirm unto Larry D. Bowman and Debra A. Bowman, husband and wife, an access easement upon and across Grantor's real property as described above to allow access to the Bowman Property from North Ten Mile; and WHEREAS, the Grantor, by this Easement, desire to make provisions for the unobstructed use of said access easement for ingress and egress to the Bowman Property; I40W THEREFORE, Grantor does hereby grant, bargain, sell, convey and confirm unto Larry D. Bowman and Debra A. Bowman, husband and wife, an access easement upon the following described property, to-wit: Commencing at the real point of beginning of the above described parcel, (Schedule "A") which is also the real point of beginning of this easement, Thence South 00 degree 52'40" West a distance of 30.00 feet to a point; Thence South 89 degree 15'19" East a distance of 696.08 feet to a point on the westerly right of way of Ten Mile Road; Thence North 00 degree 52'40" East a distance of 30.00 feet along said right of way to a point; Thence North 89 derees 15'19" Test a distance of 696.08 feet to the real point of beginning of this easement. This Easement shall benefit, be appurtenant to and run with the Bowman Property described herein upon any subsequent grant, conveyance or transfer of the Bowman Property and shall be binding upon the Grantor, his respective heirs, executors, administrators and assigns. EASEMENT - 1 IN WITNESS WHEREOF, the Grantor hereunto set his hand and seal this Aday of 1993. oseph L Glaisyer STATE OF1.4.71A Ze County of On the day of �,I in the year of 19 before me, the undersigned Notary Public n and for said State, personally appeared Joseph L. Glaisyer, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he 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. =-7`-�—,--.�-...�- ' -�✓cam..—c.G.c-c. fit✓ �,. """''�•,,, Notary Public for,, cA�d� P.R�& Residing in • ' 0T4 My Commission Expires: ���►huuts EASEMENT - 2 COMMITMENT FOR TITLE INSURANCE SCHEDULE C Fie Number.P 121459 155ZOM01618 The land referred t0 in this Commitment is described as follows: A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34.TOWNSHIP 4 NORTH,RANGE 1 WEST OF THE BOISE-MERroIAN,ADA COUNTY,IDAHO. BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST OUARTER(EAST 1/4 CORNER)OF SECTION 34,TOWNSHIP 4 NORTH,RANGE 1 WEST,BOISE-MERIDIAN. THENCE NORTH 00 DEGREE 52'40-EAST(FORMERLY NORTH 00 DEGREE 52 44-E)A DISTANCE OF 633.00 FEET TO A POINT ON THE EAST LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE NORTH 89 DEGREES 15'19'WEST(FORMERLY NORTH 89 DEGREES 15'16-W.)A DISTANCE OF 721.08 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING NORTH 89 DEGREES 15'19-WEST(FORMERLY NORTH 89 DEGREES 15't6-W)A DISTANCE OF 603.65 FEET TO A POINT ON THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 00 DEGREE 48'10'WEST A DISTANCE OF 395.99 FEET(FORMERLY SOUTH 0 DEGREE 54'15•EAST,396.0o FEET)ALONG SAID WEST LINE TO A POINT; THENCE SOUTH 89 DEGREES 10'51'EAST A DISTANCE OF 561.89 FEEL'(FORMERLY Ss5.90)TO A POINT; THENCE NORTH 85 DEGREES 43'1T EAST(FORMERLY NORTH 85 DEGREES 43'18-E.)A DISTANCE OF 41.27 FEET TO A POINT; THENCE NORTH 01 DEGREE 01'5W EAST A DISTANCE OF 48.98 FEET TO A POINT; i HENCE NORTH 00 DEGREE 52'4W EAST A DISTANCE OF 344.13 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. TOGETHER WITH ACCESS PROVIDED BY THE FOLLOWING DESCRIBED EASEMENT: COMMENCING A THE REAL POINT OF BEGINNING OF THE ABOVE DESCRIBED PARCEL WHIC 4 IS ALSO THE REAL.POINT OF BEGINNING OF THIS EASEMENT, THENCE SOUTH 00 DEGREE 52'40"WEST A DISTANCE OF 30.00 FEET TO A POINT: THENCE SOUTH 88 DEGREES 15'19*EAST A DISTANCE OF 696.08 FEET TO A POINT ON THE'WESTERLY _STERLY RIGHT OF WAY OF TEN MILE ROAD; THENCE NORTH 00 DEGREE 52'40'EAST A DISTANCE OF 30.00 FEET ALONG SAID RIGHT OF WAY TO A POINT; THENCE NORTH 89 DEGREES 15'19•WEST A DISTANCE OF 696.08 FEET TO THE REAL POINT CF BEGINNING OF THIS EASEMENT. END OF LEGAL DESCRIPTION EXHIBIT „A,' 1552001619 4. THE LAND REFERRED TO IN THIS POLICY IS LOCATED IN THE COUNTY OF ADA STATE OF IDAHO AND DESCRIBED AS FOLLOWS: A PARCEL OF LAND BEING A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE-MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE QUARTER SECTION CORNER COMMON TO SECTIONS 34 AND 35, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN; THENCE NORTH 0*52144" EAST 303.00 FEET ON THE SECTION LINE TO A POINT WHICH IS THE REAL POINT OF BEGINNING; THENCE SOUTH 89*37121" WEST 721.25 FEET (FORMERLY 717.25 FEET) , TO A 5/8 INCH REBAR; THENCE SOUTH 1.01159" WEST 48.98 FEET (FORMERLY 49.0 FEET), TO A 1/2 INCH REBAR; THENCE SOUTH 85'43918" WEST 41.27 FEET TO A 1/2 INCH REBAR; THENCE NORTH 89*10#51" WEST 565.90 FEET TO A I/2 INCH REBAR, WHICH IS ON THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE NORTH 0'54115" WEST 396.00 FEET ON SAID WEST LINE TO A 1/2 INCH REBAR; THENCE SOUTH 89015'16" EAST, PARALLEL TO THE SOUTH LINE OF SAID SOUTHEAST QUARTER, NORTHEAST QUARTER, 1,328.04 FEET TO A POINT, WINCH IS ON THE SECTION LINE COMMON TO SAID SECTIONS 14 AND 15; THENCE SOUTH 0'52'44" WEST 330.00 FEET ON SAID SECTION LINE TO THE REAL POINT OF BEGINNING. EXCEPT A PARCEL OF LAND BEING A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 4 NORTH, RANGE 1 WEST, 1302SE-MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE QUARTER SECTION CORNER COMMON TO SECTIONS 34 AND 35, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE-MERIDIAN; THENCE NORTH 0'52244" EAST, (NORTH IN RECORDED DEED, INSTRUMENT NO. 893584) , 303.00 FEET ON THE SECTION LINE TO A POINT WHICH IS THE REAL POINT OF BEGINNING; THENCE SOUTH 89.37*21" WEST 721.25 FEET, (SOUTH 88-36• WEST 717.25 FEET, IN RECORDED DEED, INSTRUMENT NO. 893584) TO A 5/8 INCH REBAR; THENCE NORTH 89'18017" EAST 721.35 FEET TO A POINT ON SAID SECTION LINE; THENCE SOUTH 0*52144" WEST 4.00 FEET TO THE REAL POINT OF BEGINNING. &K 3 -L�Site..# 9/6 79z. RECORD OF SURVEY NO. a0A- lw�„yt;,��t' ,;s ,, •- -t9�aL�, 1 ,27 N 88'56'3o"W 1327 35 27 _ N 88'56'30"W 1327.35 N 34 1/4 CORNER 34 EAST 1/16 - -- - - 27 26 100 50 0 100 200 300 34 35 SCALE IN FEET 3.2' TO FD. 5//8 I LEGEND 0 0 ON FENCE LIME ----� — _ N 89'15'19"W 1324.72 603.85 • Set 5/8'z 30'Rebar M1th Plastic Cap N „� �i „- 1./208 • Set 1/2'x 24"Reba N ——— _30'-INGRESS_EGRESS-AND-UTILITY-EASEMENT— — _ n O Found 5/8'x 30'Rebar Found 1/2"x 24"Rebor M �NQ w w w �' - Boundary Line rn �m IM I �wm Section Lines 0 u�i g PARCEL 2 0I Zg� -——- Easement Line PARCEL 1 iy ,c In 5.49 ACRES+\- 'cIM 5.55 ACRES+\- nI W 65 b I a 0 Om z z 5 _ _ _ CERTIFICATE OF SURVEYOR N 89'18'17"E 721.35 _ I,Michael E.Marks.do hereby certify that I am a Regieterd Land Surveyor,licensed by the State of Idaho,and that this S 9 56T:&9 �N 01'01'59"E 48.98 \ map has been prepared from an actual survey made on the N 85'43'17"E 41.27 ground under my direct supervision,and that We map Is an 0 accurate representation of sold survey,and le In conformity n $ with the Corner Perpetuation and Filing Act,State of Idaho �n ^� Code 55-1601 through 55-1612 and to the Idaho Code N 0 relating to Surveys. �EAST _ S 89'16'49"E 34 35 Michael E.Marko,LS. S 89'i 6'49"E 1393.89 4 License No.4998 CENTER 1/4 1323.89 — SECTION 34 1/4 CORNER �� ♦•• RECORDING INDEX NO. 414-34-1-2-0-00-00 PROPERTY SPUT SURVEY FORMWNWNMrAO&SIC. JOMM L. GLAZIM LYING IN THE SE 1/4 OF THE NE 1/4 SECTION 34,T.4N.,RAW.,B.M. ADA COUNTY,IDAHO taaspxs•zM1 1111 S.osaHAeo,Built eao .Beet.NANO arras DESIGN: GRAFT: CHECK: SCALE: DATE: DRAWINC NO.: 100' NOVEMBER 1991 911009