Z - Notice of Relocation of Access Easement ADA COUNTY RECORDER Phil McGrane 2021-137399
BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 09/17/2021 03:11 PM
CLARK WARDLE LLP $34.00
After Recording
Return to:
T. Hethe Clark
Clark Wardle LLP
251 E.Front Street,Suite 310
Boise, ID 83702
FOR RECORDING INFORMATION
NOTICE OF RELOCATION OF ACCESS EASEMENT
This Notice of Relocation of Access Easement (this "Notice") is made as of the date last written
below(the"Effective Date"), by Challenger Development, Inc., an Idaho corporation ("Challenger").
RECITALS
A. Challenger is the owner of that certain real property in Ada County, State of Idaho, more
particularly on Exhibit A attached hereto and incorporated herein (the"Challenger Property").
B. As indicated on the plat of Jasmine Acres, filed in Book 69 of Plats at Pages 5829 through
5830, records of Ada County, Idaho (the "Jasmine Acres Plat"), a portion of the Challenger Property was
designated as a "50.00' Private Road Easement," depicted on the Jasmine Acres Plat as E. Lobelia Lane.
The portion of said easement located on the Challenger Property is more particularly described and
depicted on Exhibit B, attached hereto and made a part hereof(the"Easement").
C. Challenger is in the process of developing the Challenger Property into a residential
development and desires to relocate the Easement to publicly dedicated streets that shall provide access
to future owners and residents of the Challenger Property, as such property is developed into residential
lots.
NOW,THEREFORE, Challenger declares, as follows:
1. Relocation of Access. Pursuant to Idaho Code Section 55-313, from the date of this
Notice, any and all access rights pursuant to the Easement, if any, are relocated to that certain location as
depicted as "E. Jasmine Street" on Exhibit C, attached hereto and made a part hereof (the "Relocated
Easement").
2. No Expansion. Nothing contained herein shall authorize use of the Relocated Easement
beyond the scope of use authorized by the Easement. The fee simple owner(s)of the Challenger Property
shall have the right to use the Easement for all purposes, provided that the same shall not unreasonably
interfere with the use of the Relocated Easement. Challenger makes no statements, representations, or
warranties regarding the use of the Relocated Easement for any use beyond what has existed prior to the
date of this Notice.
3. Termination Upon Public Dedication. In the event the Relocated Easement is
dedicated as public right-of-way, the Relocated Easement shall be automatically terminated and of no
further force or effect immediately upon such dedication.
4. Successors and Assigns. This Notice shall be binding upon and inure to the benefit of
the successors, administrators, executors, assigns, heirs, personal representatives, purchasers, or
transferees of the Challenger Property.
[end of text; signatures to follow]
NOTICE OF RELOCATION OF ACCESS EASEMENT—1
4835-9806-0281,v.1.4
IN WITNESS WHEREOF,this Notice has been executed as of the Effective Date.
CHALLENGER:
Challenger Development Inc.
an Idaho corpor n
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Name:
Its: r c
Dated: Sr t 9
STATE OF IDAHO )
ss.
County of Ada )
This record was ack owledged before me on (date) by
O riu, as of Challenger Development, Inc.
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Exhibit List:
Exhibit A: Legal Description of Challenger Property
Exhibit B: Legal Description and Depiction of Easement
Exhibit C: Depiction of Relocated Easement
NOTICE OF RELOCATION OF ACCESS EASEMENT—2
4835-9806-0281,v.1.4
EXHIBIT
THENCE 61.28 FEET ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 70.50 FEET,WITH A CENTRAL
ANGLE OF 49°48'18",SUBTENDED BY A CHORD BEARING SOUTH 65°23'51" EAST, 59.37 FEET TO A 5/8" REBAR WITH CAP
PLS 11574;
THENCE NORTH 89°42'00" EAST, PARALLEL WITH SAID SOUTH LINE OF THE SE1/4,A DISTANCE OF 121.45 FEET TO THE
POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 14.094 ACRES MORE OR LESS.
BASIS OF BEARINGS FOR THIS LEGAL DESCRIPTION IS SOUTH 0°01'00" EAST BETWEEN THE E1/4 CORNER AND THE
SOUTHEAST CORNER OF SECTION 32,T.4 N., R 1 E., B.M.,ADA COUNTY, IDAHO.
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EXHIBIT B
Legal Description and Depiction of Easement
5awtooth Land Surveying, LLC
2030 5. Wa5hin6jton Ave.
Emmett, ID 83G 17
` P. (208) 398-8 1 04
F: (206) 398-81 05
Vacation of E. Jasmine Lane Legal Description
A PORTION OF A PRIVATE ROAD EASEMENT LOCATED IN LOT 3, BLOCK 1 OF JASMINE ACRES,AS SHOWN IN BOOK 59 OF
PLATS,AT PAGE 5829,ADA COUNTY RECORDS, LOCATED IN THE NE1/4 OF THE SE1/4 OF SECTION 32,T.4 N., R. 1 E., B.M.,
ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS;
THE SOUTHERLY 50.00 FEET OF SAID LOT 3, BLOCK 1 OF JASMINE ACRES.
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EXHIBIT
Depiction of Relocated Easement
AV5awtootli Lanci 5urveyin4j, LLC
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E. Jasmine Street Legal Description
BASIS OF BEARINGS for this legal description is North 0000 1'00"West between the E 1/4 corner and
the SE comer of Section 32,T.4 N., R I E., B.M.,Ada County, Idaho,
Located in the NE1/4 of the SE1/4 of Section 32, T.4 N., R. I E., B.M., Ada County, Idaho, more
particularly described as foLows:
COMMENCING at an illegible brass cap marking the E1/4 corner of said Section 32;
Thence South 890,39'12"West, coincident with the iorth line of said SE114 of Section 32, a distance of
1026.20 feet to the NW comer of Lot 1, Block I of Jasmine Acres, as shown in Book 59 of Plats, at
Page 5829,Ada County records;
Thence South 00020'48" East�coincident with the westerly boundary of said Jasmine Acres, 346,83 feet
to the NW corner of Lot 3, Block I of said Jasmine Acres;
Thence North 89042'00" East, coincident with the north line of said Lot 3,a distance of 23.10 feet;
Thence South 001118'00" East, 162,85 feet to the POINT OF BEGINNING;
Thence continuing South 00018'00" East 67.00 feet;
Thence North 5412T44" West, 22.20 feet;
Thence South 89042'00"West, 704.47 feet to a curve right, having a radius of 120.50 feet;
Thence 34.58 feet along the arc of said curve,through a central angle of 16026'24", subtended by a
chord bearing North 82004'48"West, 34.46 feet;
Thence North 7305136"West, 20.74 feet;
Thence North 16c'08'24'East, 36.00 feet;
Thence South 73051'36"East, 20.74 feet to a Curve left, having a radius of 84.50 feet;
Thence 24.25 feet along the arc of said curve, through a certral angle of 1602624", subtended by a
chord bearing Soutl-82004'48"East, 24.16 feet;
Thence North 89042'00"East, 704A7 feet;
Thence North 44042'00"East, 25.46 feet to the POINT OF BEGINNING.
The above described parcel contains 28,093 square Feet or 0.645 acres more or less.
EXHIBIT C-1
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4835-9806-0281,v. 1.4