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Encroachment Agreement Affecting Borup Propertyaa�mretott�rr� mea,reward®�wrina.:e..�,�,,,..,� ..r__w r= ACK C. RIDDLEMO:,ER Altarrmy at Lew MINE 880-101 BOX 973 333 SAST IDA);o MERIXAN, I%X\ 0 83642 ENCROACHMENT AGREEPIENT This Agreement, made and entered :into this 7 day of April, 1978, by and between RONNIE T. HOPPINS and GAYLA R. HOPPI.NS, hus. band and wife, hereinafter +:ailed Sellers, and MICHAEL L. ANDERSC and DONNA J'. ANDERSON, he.re,Lnaftcr called Buyers, WITNESSETH: THAT WHEREAS, the Sellers are the owners of the S19n 3W14- of Section 4, Township 3 Norah, Range 1 West, Boise Meridian, Ada County, Idaho, and WHEREAS, Buyers ar,2 purchasing from Sellers the Wli w'a-5 of the SWs SWh of Section 4, Townsrip 3 North, Range 1 West, ,3oise Meridian, hda County, Idaho, and WHERE;,S, this purchase by the Buyers from the S.ell.ersis being made without: a fo:^mal survey of the property being conductec at this time, NOW, THEREi'OF.E, IT IS HEREBY AGRELD by and between the partie hereto as follows: l.. Ani+ :Fences or other improvements erected or constructed after date of this Agreement, Which if subsequently determined by survey shall encroach u,poi the property of the other party shall be moved or removed at the request of the owner or: whose property the encroachment occurs. In '�he event that the fence or other improvements shall not be required to be removed immne- diatel.y following the survey it is unde!cstood and ,agreed that t:le fence or other improvement is being ,iermitted to retrain with the consent oil the other party, and that there shat_ lie no adverse ,?ossession egainst the property of the p.lrty upon whose property the encroactment exists. 2. Buildings which are existing at the date of' exjcution of u�t7+ JL iJr this agreement shall; have a permanent easement: to so �'em�iin as situated as long! as the buildings remain and are Put to their present use, wltic:h r�reeplent shall also include an add, tonal ten (10) f0QL• around; the Psri.>i,eter mf the emroaahmeni, which alta be used fcrr Access only. 3. 7'h1a agreement 91119.11 be banding upon the heivaa, sucaeaa4 assigns and personal; raprer>entati" of the Parties hereto. TN W;[%TrsSS WE1.001!OA, tyle Parties have OXeOuted this Agreement the clay and year ak)gvl. wrl,t:t:en. STATE Or IDA130 as. County of Ada 2;AI;11.+1T1a 'P. I3AA6 GA laA li. to us M"XCHAEL 7,. ANPEIRSON r � LtONNA s: ANI)MRSON Buyo«s On this - lay of April, 1978, bel -ore me, the Undersigned, a Notary Public in and 20r said State, Personally apR _peel RANNI T. F10PPINS and GAY1,#A R. rJOPPINS, known to me to be the Persons whose names are subscribed to the foregoing instrument, and ack- nowledged to me that they executed the same. VdT7D1s6S M'l HAND AND .3L'AL thvSliP!d year Lirsi above W itte, ' ]s:'tary Public for Idaho (ORAL) Residing at: PACK C. AIDCLEMosBR Wormy JS Low 'I'ONB 808-1491 OX 373 33 FAST IDAHO ERIDIAN, IDAHO 83642 -3- STATE OF XDAHO ss. County Of Ada On this �A_day fiof ApprAj, 1978, before me, th a N e ullf;ersi Notary public 'in a4� fox naid 6 gned,. MICHAEL L. St4;t 90 . , rsonally, appeared. ANDERS01,q Ind DONNA persons whose names are subacribe ANX)ERSON, knoWn to me -to, be the ng irstrument, same. e that they executed the me. and acknowledged to A d td the foregoi WITN,ESS bly BAND tAND SEAL the and year first above ove wr ittd '��tdaho -SEAL) Residing at: STATE Of IDA11D, COUNTY OF ADA, V- ploIjEE1171TIE M IF iccold It lquat al- V-_�APENCE A,,�Pf;:Px R ardur c:w