HomeMy WebLinkAboutGrant of Drainage Easement with Goldsmith Marty for Martin, Justin and Tamra~~0~/!~' ~/t{s=fit. f.
RECORDEQ-R%QUEST Q~
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GRANT GF DRAYIVAGE EASIEIi'1EI~1T
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This Easement is entered into this ~ day of August 2001 by Marty Goldsmith
("Gran#or") for the benefit of Justin and Tamra Martin ("Grantee").
RECITALS P10N~~R T1TL~
A. Grantor is the owner of that certain real property situate in Ada County, Idaho, as
is more particularly described on Exhibit "A" attached hereto and by this
reference incorporated herein, hereinafter described as "Servient Estate."
h3. The Grantee is the owner of that certain real property situate in Ada County,
Idaho, as is more particularly described on Exhibit `B" attached hereto and by this
reference incorporated hereiq hereinafter described as the "Dominant Estate."
C. The Dominant Estate is improved with a single family residence that utilizes a
open loop water heat pump that discharges water (the "Water Discharge"} when
the heat pump is operated.
D. The Water Discharge currently leaves the Dominant Estate in the vicinity of its
southwest corner and traverses by pipe and ditch discharging into a pond located
on the Servient Estate {collectively the "Discharge System").
NOW, THEREI~ORE, for good and valuable consideration, including the covenants
herein contained, the parties agree as follows:
1. Grant of Easement. Grantor, as owner of the Servient Estate, hereby grants to
Grantee for the benefit of the Dominant Estate an easement for the purpose of routing and
transporting the Water Discharge to and discharging such Water Discharge onto the Dominant
Estate. Such Easement inchudes the right to route and transport the Water Discharge and to
maintain and service such route and transport from the Dominant Estate through the existing
Discharge System, or, at the election of Grantor, through any future replaced or improved
discharge system installed by Grantor.
2. Reservation of Rights. The Grantor, for itself and its successor and assigns,
hereby reserves the right to alter the location and means of the Discharge System at any time, in
any manner, for any purpose not inconsistent or interfering with the full use and enjoyment by
the Grantee of the Easement granted herein; provided that any such relocation {a) shall be
performed at Grantor's sole cost and expense; and (b) shall not unxeasonably interfere with or
diminish any function or service provided by the relocated line or facility, including the full use
by Grantee of the Easement granted herein.
3. Run with the Land. The Easement conveyed herein is for the benefit of and appurtenant
to the real property owned by Grantee, more particularly in Exhibit `B" to this Drainage
Easement. The Easement conveyed herein shall run with Grantee's and Grantor's land and the
title thereto; and shall be binding upon the Grantar, and his heirs, successors and assigns and any
person who shall hereafter acquire title io Grantor's property, and shag be for the beneht and use
of Grantee's above-described land, by said Grantee, his heirs, successors and assigns. The
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Easement granted herein shall continue until such time as {i} the heating and/or air conditioning
of the Dominant Estate's single family residence no longer utilizes an open looped water
discharge heat pump or {ii} until the Grantee or its successors and assigns, upon their
determi_*aation, cease use of the discharge system
IN WITNESS WHEP.EOF, the parties have hereunto executed their hands as of the
day of August. 2001.
.`
MAR GO DSMITH
STATE OF IDAHO,
County of Ada.
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IN MARTIN
TAMRA MARTIN
On this ~~'day of August, 2001, before me, the undersigned, a Notary Public in and
for said State, personally appeared MiART Y GOLDSMITH, known and identified to me to be the
person whose name is subscn`bed to the within instrument, and acknowledged to me that he
executed the same.
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
+~#~js certificate first above wr~e~ ~ /~
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On this ~~ay of August, 2001, before me, the undersigned, a Notary Public in and
for said State, personally appeared NSTIN MARTIN and TAMRA MARTIN, known and
identified to me to be the persons whose names are subscribed to the within instnirnent, and
acknowledged to me that they executed the same.
1N WITNESS WHEREOF, I have hereon#o set my hand and affixed my official seal the
day and year in this certificate first above written.
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EXHIBIT "A"
~ parcel of land locate~+ in the SW "/ Qf the NW 114 of Section 26, Township ~ North, Range 1
West, Boise Meridian, Ada County, Idaho, more particularly described as follows.
Comrnencing at the southwest corner of the NW'/. {west'/. corner} of Section 26, T. 4N., R.
iW., B.M., the REAL. POINT 4F BEC3INN1Na of this description;
Thence N:0°21'10" E 660.x0 feet along the west ilne of said NW'/: to a point;
Thence S $9°48'39" E 293.381 feet to a point:
'thence N 0°21'10" E 297.9& feet to a point:
Thence S 89°08'39" E 1,Q16.~t2 feet to a point on the east line of the SW % of the NW /.;
Thence S 0°29'24" W 957.88 feefto the southeast corner of the SW '/a of the NW '/.;
Thence N 89°08'53" W 1,307.47 feat to the RAIL POINT OF BEGINNING of this description;
EXHIBIT "B"
A parcel e# land locat5ed in tfie SW `!. Qf the t+I11N 114 of Section 2t3, Township 4 Mnrth,
Range i West, Boise Metid+an• Ada County, Idaho, more particxal~Y descried gsiallaws:
Commencing at the southwest corner of the S+iVV'l~ (west'i. Corner) vi Sei.Jon 2s• T.:P..,
R.1w.; e.M.;
Thence S 89°Ol3'53" E dB.OQ 'feet along the south ~ said L~ ~ to a poi;•~t:,~, ~ ~tW~'e
easterly right-ot-way of Teen Mite Road. Thence N 0°21'1EY E 194.58 feet along said
easterly r~gt'rt:-vf-waY to tfia RF~4L RQtNT f3F BEGWINNG of thks deMscriptlon:
Thence oantinuing N D°Z1'i0" E 282.x3 feet atartg said easterly right-af-way to a point;
Ti~ence S 80'08'53' E 2~J8.(?0 feet to a point:
Thence S 0°21'10" W 282.03 feet to a palest;
Thence W 89°08'53" W 208.00 feel to the REAL R4INT QF t3EGINNiN(3 of this
descriptiaon;
Th[s parcel contains 1.347 acres mute Qr less, and !s sub;ect fo any eesemenis of use or of
record,
Michael E. Marks, PLS - t+lo. 4998
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