Grant of Drainage with Easement Marty Goldsmith for Justin and Tamra Martin- RECgRDED- R%Q!}ES7 4~
- ,aU1, CUUtITY RECORDER ~~
-1.OAYIO NAVARRO
~1+11s~.It~~,H~ FEE ' DEPI.lTY
__ _ GRANT GF D13.AIPIAGE EAS1EIi~lENT
Z~OIAU-$ PH a:os ~ o ~ oso~4~
This Easement is entered into this ~ day of August 2001, by Marty Goldsmith
{"Grantor") for the benefit of Justin and Tams Martin {"Grantee"}.
RECITALS PI~N~~ TIT>~
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."
B. 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 Ioop 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 comer and traverses by pipe and ditch discharging into a pond located
on the Servient Estate (collectively the "Discharge System").
1~tOW, THEhtEFOItE, for good and valuable consideration, inciuding 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. Sueh Easement includes 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 Ri hts. 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 unreasonably 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 Grantor, and his heirs, successors and assigns and any
person who shall hereafter acquire title is Grantor's property, and shall be far the benefit and use
of Grantee's above-described land, by said Grantee, his heirs, successors and assigns. The
RaanidoclGvldsmitlJGaids~nith.[vSartin.DrainageEnsementAgrcemenLU80601
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 ar (ii) until the Grantee or its successors and assigns, upon their
detenni*aation, cease use of the discharge system.
IN WITNESS WI'fEP.EOF, the parties have hereunto executed their hands as of the
day of August, 2001.
.`
MAR GO DSMITH
STATE OF IDAHO, )
3 SS-
County ofAda. }
;~~
IN MARTIN
TAMRA MARTIN
On this ~~day of August, 2001, before me, the undersigned, a Notary Public in and
for said State, personally appeared MART Y GOLDSMITH, known and 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 a~''~ certificate first above wry' tee ~,, /~
~" Np •~ t
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,4 ~ '~ o t Public
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e .•' Commission e
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County of Ada.
ss.
.,Idaho
On this ~~ay of August, 2001, before me, the undersigned, a Notary Public in and
for said State, personally appeared JUSTIN MARTIN and TAMRA MARTIN, known and
identified to me to be the persons whose names are subscribed to the within instnunent, and
acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate fast above written.
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EXHIBIT ~~A~s
R parcel of land located in the SW'/ of the hiW 1I4 of Section 2ti, Township 4 Forth, Range 1
West, Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the southwest corner of the t~IW'/. (west'/• corner) of Section ~6, T. 4N., R.
iW., B.M., the REAL POINT QF 8Et3iNN1NG of this description;
Thence N.0°21'10" E 660.00 feet along the west Line of said NW'/.. tp a point;
7henre 5 $9°08'38" E 253.34 feet to a point;
Thence N 0°21'10" E 297.98 feet to a point.;
Thence S 89°08'39" E 1,01ti_~#2 feet #o a point on the east line of the SW % of the NW'/.;
Thence S 0°29'24" W 957.88 feet"to the savtheast comer of the SW'/a of the NW'/.;
Thence N 89°08'83" W 1,307.47 feet to the REAL PAINT OF BEGiMNlNG of ihls description;
EXHIBIT "B"
A part of land Evcabed irr the SW 't. of the NW ~I4 of Section 2B. Township 4 Morth,
Range i West, Raise Meridian. Ada County. Idaho, more particul~rty descrbed asfollows:
Commencing at the soutnw~ast comer of the f+IVV'/t (wesi'l. cc~rrer) rf Sec`Jvn 2s, T. ~N.,
R. t~lU.; B.M.;
Thence S 89°09'53" E 48.OQ teat along the south Wye afsaicl t+IW it to a p~intor th~ ti~tv"'e
easterly right-ol=way of Ten Mite Road. Thence N g°21'10" E '!94.58 feet along said
easterly rtgts~-vf-way by tfia REAL PQ[NT aF BEGWNtN6 of this de:don;
Thence oondnuing N 0"21' 1 p" E 282.03 ieet alartg said easteriy rght-~f-way to a point;
Ti~ence S 89'DE'53" E 2~t;.04 iaet to a point:
Thence S 0'21'10" W ZSZ.03 fiaet to a poirt;
Thence N 89"08'53" W 206.00 feet to the NEAL RANT QF BEGiNNENt3 of this
description;
Th[s parcel cvnhains 1.47 acres more or less, and is subject to any easements of use ar of
record,
Michael E. Marks, PLS - tdo. 499-8
lOfi?81le~} BdJhauw p~st:al~Ws
TOTRL P. H3