HomeMy WebLinkAboutALL DOCS - 05-00343 - Artco Business Park - Office Space Building - Site Plan• •
Construction and Maintenance Easement
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THIS GRANT of Easements made and executed this ~7 day of
3anu , 2007, by Jeff Lerwill and Alana Lerwill; Individuals or Corporation, the GRANTOR,
provides A Grant of Construction and Maintenance Easement, over, upon and across real
property to the CITY OF REXBURG, a municipal corporation, the GRANTEE.
WITNESSETH:
Section 1. For the purpose of making a Grant of Construction and Maintenance
Easement over, upon and across the property described in Section 2. herein to the Grantee,
Grantors for themselves, their successors and assigns do hereby grant and convey unto Grantee,
the right a Construction and Maintenance Easement to use the Grantors' property for the storage
of surface water detention or storm water detention in accordance with the land use approved by
the City Council of the City of Rexburg without liability for any necessary, convenient or
operational incidental effects thereof whatever as the same may presently or in the future exist,
together with the right to Grantee, (a) no use shall be permitted that causes restrictions to the
intended use of the Construction and Maintenance Easement for surface water or storm water
detention. Grantor(s), their successors and assigns, further acknowledge that the Construction
and Maintenance Easements herein granted contemplate the rights, obligations and covenants
herein set forth shall not terminate or vary in the event of changes in use of the Granters'
property.
Grantors, their successors and assigns, do hereby fully waive remise and release any and
all right for cause of action which they may now have or which they may have in the future
against Grantee, due to water retention that may be caused or may have been caused by surface
water or storm water from adjacent property to this Construction and Maintenance Easement.
All rights, easements, releases, benefits and estates granted hereunder shall be covenants
running with the land described in Section 2, herein.
Section 2. The property of Grantars subject to the Construction and Maintenance
Easement is described as follows:
A Nineteen (19) foot wide Permanent Construction Easement.
Part of Lot 3, Block 2 of Artco Business Park Subdivision, located in Section 17
1 Inst~urnent # 334267
REXBURG, MADISON. IDAHO
2007-01-zz 09:00:00 Na of F+ap~s: 2
R~cord~d for . dTY Of R RG
05 00343 MARIIYN R. RASMUSSEN FN: 0.00
Ex-0Slcb R~eadv
1190 Stocks Ave-Lerwill Bldg .- ~ --- ~ ~ ~-
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Township 6 North, Range 40 East, B.M., Madison County, Idaho more particularly
described as: Commencing at the SW Corner of Lot 3, Block 2 of Said Artco Business
Park Subdivision, per the recorded plat thereof, and running thence S. 89°49'SO"E.
201.48 feet along the south boundary of said Lot 3, thence N. 00°10'06" E. 19.0 feet;
thence N. 89°49'50" W. 201.48 feet; thence S. 00° 11' 11 "E. 19.0 feet to the point of
beginning.
IN WITNESS WHEREOF, the Grantors have caused this Grant of Construction and
Maintenance Easement to be executed the day and year first above written.
~`
Jeff Alana Lerwill
Approved and accepted this ~ day of
January, 2007.
STATE OF IDAHO,)
County of Madison. }
SS:
G +h
On this ~ ~ day of ~~ `U'Ll~ltQi , 200 ~ ,before me, a Notary Public in and
for said State, personally appeared V e T~ ~ 1 and
~. QJ( (~ ~~ ~ ~ , known to me and executed the within instrument, and acknowledged
to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
~p~ARY
~.•--
PUBt-fir'
Notary Public for Idaho
Residing at: ~,ey~~yt~- ~ ~ ~l
2
OF
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ORDINANCE N0.969
AN ORDINANCE VACATING AN EASEMENT 1N THE REXBURG
BUSINESS PARK FOR A RETENTION POND AS SHOWI~T ON THE
REXBURG BUSINESS PARK SUBDNISION PHASE ONE (1) LOT ONE (1),
BLOCK TWO (2); AND ARTCO BUSINESS PARK SUBDNISION LOT
THREE (3), BLOCK TWO (2); LOCATED IN SECTION SEVENTEEN (1'n,
TOWNSHIP SIX (6) NORTH, RANGE 40 EAST, B.M., MADISON COUNTY,
IDAHO. THE RETENTION POND IS TO BE RECONFIGURED TO
ACCOMMODATE A NEW DEVELOPMENT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF REXBURG, IDAHO:
SECTION I: That the following described platted easement for the retention pond
in the Rexburg Business Park and the Artco Subdivision to the City of Rexburg, Idaho,
to-wit:
The easement is located at 1190 Stocks Avenue in Rexburg, Madison Counts,
Idaho, with an area of 8,250 square feet.
is hereby vacated, closed and discontinued for the exclusive use of the owners of the
adjacent real estate as provided by the statutes of the State of Idaho. The easement will
be reconfigured to allow for a retention pond of the same size with a rectangular shape.
Any and all existing easements for public utilities located in the portion of the
vacated easement of said property shall remain as public easemers and are not vacated.
SECTION II . The vacation of such easement is deemed expedient for the public
good as it will promote the orderly development of said area.
SECTION III . This ordinance shall take effect and be in full force and effect
from and after its passage, approval and due publication as provided by law.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this 16th
day of August, 2006.
Q L., ~^ r!~'''1
Shawn Larsen, Mayor
ATTEST:
.B~," D,
Blair D. Kay, City Clerk
Instrument # 331665
REXeURC,~ YA01$ON, IDAFIO
mos-tom +~;u: mays:
R~COM~d tar : CRY OF R UR6
MYIRILYN R RABMUdSEN FN: Qo0
Ex-0IRNO R~card~r
STATE OF IDAHO )
ss
County of Madison )
I, Blair D. Kay, City Clerk of the City of Rexburg, Idaho, do hereby certify: That
the above and foregoing is a frill, true and wrrect copy of the Ordinance entitled:
AN ORDINANCE VACATING AN EASEMENT IN THE REXBURG
BUSINESS PARK FOR A RETENTION POND AS SHOWN ON THE
REXBURG BUSINESS PARK SUBDIVISION PHASE ONE (1) LOT ONE (1),
BLOCK TWO (2); AND ARTCO BUSINESS PARK SUBDIVISION LOT
THREE (3), BLOCK TWO (2); LOCATED IN SECTION SEVENTEEN (17),
TOWNSHIP SIX (6) NORTH, RANGE 40 EAST, B.M., MADISON COUNTY,
IDAHO. THE RETENTION POND IS TO BE RECONFIGURED TO
ACCOMMODATE A NEW DEVELOPMENT.
Passed by the City Council and approved by the Mayor this 16s' day of August, 2006.
D. Kay, City Clerk