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HomeMy WebLinkAboutALL DOCS - 13-00029 - 256 N 2nd E - Scott Lewis - Lot Splitlot Split Applicqlion General Information Subdivision Name:*-c;i-= ?- \--c,.^.r.( ,11"\ -. Total Acres:1"1 Intended Land Use (Circle) tesidential, single-family, -ott-f"rnly,G#ffiil industdal Property Address(es) Existing Zonrng: li-$-^.( L'"---. - \ Owner/Application Information Owner of Record Name: {-o-t-- Z i- ,.=Address:aoo ,,; 2- rr*' rZq q-.- Ciq/ST/Zip: (--u-fr,--e;- TA |.y{''fa Telephone:Qrzt{ 39t*"r?si*1 F'r", (Zo x) 35 t* 55 oo tff-sst*q7/: Email: Applicant Name:Address: city/sT/zip: Email: Telephone: Fax: t Subdivision Information Lot Types Residential Dwelling Units Pet acre (gross/net) Commercial Industdal Cornmon (I-andscape, Utility, Other) Open Space Total Number of Lots Acres 7_1"q z \"ct I understand: 1. This application is subiect to acceptance by the City of Rexburg upon determination that the application is complete. 2.The application fee is non-refundable. All information, statements, attachments, and exhibits included with the application submittal are true to the best of my knowledge. -'--Signatue "f Appli." Date J-*_ I o ?:rj EASEMENT AGREEMENT This EasementAgreement is made this '{ dayof January,2013, byand between Scott Lewis and Tracy Lewis, Husband and Wife, hereinafter called "Grantors," and Jay R. McMaster and Barry J. Peterson of Rexburg, State of ldaho, hereinafter referred to as "Grantees." WITNESSETH WHEREAS, Grantors and Grantees desire to use the "Asphalt Drive" as an easement for ingress and egress onto each other's property; and WHEREAS, in consideration of the mutual covenants and other good and valuable consideration, receipt of which is acknowledged, Grantor is willing to enter into an easement agreement for the use of the property subject to the terms and conditions set forth herein. NOW, THEREFORE, the parties hereto mutually agree as follows: Grantors hereby grants Grantees an easement to use the following described property: See Attached Exhibit A: "Asphalt Drive" The following rights are granted to Grantees: 1. The right to freely use and enjoy the right-of-way easement insofar as the exercise of such does not interfere with the operation,and rnaintenance,of the public utilities located with the foregoing easement; 2. The right to establish roadways across said easement insofar as the exercise of such does not endanger or interfere with the operation, and maintenance of the public utilities located within the foregoing easement, except that no building nor structure shall be erected within the easement and right-of-way withoutthe priorwritten and recorded consent of the G ra ntors. The following rights are reserved to Grantors: 1. The right to freely use and enjoy the right-of-way or easement insofar as the exercise of such does not endanger or interfere with the construction, operation, and maintenance of the public utilities located within the foregoing easement; EASEM ENT AG REE M ENT-Page 7 2' The right to establish roadways across said easement insofar as the exercise of such does not endanger or interfere with the operation, and maintenance of the public utilities located within the foregoing easement, except that no building nor structure shall be erected within the easement and right-of-way without the prior written and recorded consent of the Gra ntees. 2' The Grantors rights to use their adjoining property shall not be infringed. Neither party to this Agreement shall makes changes to the "common area" at the entry of west entrance of the easement without the mutual consent of the other party. 3' Grantees shall not interfere with or construct any structure of any kind to close the unfenced area on the east side of the property. 4' The parties to this Agreement shall allow the other access to one another,s property for the purpose of connecting to and maintaining utilities, such as water, sewer, electric, and such. lN WITNESS WHEREOF, the parties have caused this Easement Agreement to be executed at Rexburg, ldaho, on the date indicated below. DATED this i d day ofJanuary, 2013. STATE OF IDAHO ) County of Madison ) On this - d'ay of January in the year 20!3, bef ore'me, a Notary public fof the said state,personally appeared Scott Lewis and Tracy Lewis, known to me to be the persons whose namesare subscribed to the within instrument and acknowledged to me that they executed the same.lN WITNESS WHEREOF, I have hereunto set my hand and affixed my officialsealthe dayand year first above written. EASEM ENT AG REEM ENT-p ag e 2 Lewis Tracy BROOK TALBOT NOTARY PUBLIC STATE OF IDAHO (sEAL)Notary Public Keslolng at; /->_U,_ , ,-, My commission expires:' Residing at: {1,Ug,tMy commission expires: ! ,. 1--| €-i l) --i-1-\ <- tJ Zf rt f z"ro i;) - lt)t'l' 'i DATED tnis I { aayof Januar y,201.3. ---- tzlfu:---'- / /./ Jay R. McMaf,ter / STATE OF TDAHO ) ' :SS County of Madison ) on this - day of January in the year 2013, before me, a Notary public for the said state,personally appeared Jay R. McMaster, known to me to be the person whose name is subscribedto the within instrument and acknowledged to me that he executed the same. ,'I,p-5=""1.s.$_.*"oF, I have hereunto set my hand and affixed my officiarsearthe day DATED this ff.r day ofJanuary, 201_3. STATE OF TDAHO ) :SS County of Madison ) -'-.-.-^-_-_.-> NOTARY PUBLIC STATE OF IDAHO (sEAL) Barry J. Peterson EAS EM E NT AG RE E M E NT- pag e 3 ".4on this I 7 daY of January in the year 2013, before me, a Notary public for the said State,personally appeared BarryJ. peterson, known to me to be the person whose name issubscribed to the within instrument and acknowledged to me that he executed the same. lN WITNESS WHEREOF, I have hereunto set my hand and affixed mv officialsealthe and year first above written. qay (sEAL) Notarv Public Residing at: ftybu,,*; T My commission expires, 7-l i? i--\ IBROOK TALBOT NOTARY PUBLIC STATE OF IDAHO 7t:,'i5 EAS EM ENT AG R EEM ENT- pa ge 4 ;ffi* N3rdE ooIII Q:A='v <6b Oa-tr t'N 4 ra@4d V aH F.^'c: fr]r::9 XZN---*i+rFO a A'+ia-.Yl-i ii;.H;. X H? -m (u !JEE='{ -a1'=-. -f'o"- F a F ^rO=' x.<2<: trr lrr oc =e aazl ='o -@fa,-- 2nd East Street ! . i. ; ;i Ti ;r € i F ti i i 1 ; ;3- ,n i1 i a Li ;h F i ! > j'i !'1 r'' I .i. ; 3 i ;; :r '"3 i 3 2 k;;='1;1ia:;; iv :+ a aA d- dn > al Fd r-d F t/. a= cr 4t a e6d-;+ tvz 62 P? Hi 'd F :3 23ri t- ,N @l ^r -o N) ,.1 m- z tn X T H -l "-L&p-l tl }{pFqclf:rs*t nf\,&L L.&iqf3 suFlVEldnF|* FaLLC TGB 2/05/2013 Job No. 2012-0172 Part of Lot 2, Block 17 of the original Rexburg Townsite, City of Rexburg, Madison County,Idaho per the Recorded plat thereof, described as: Beginning at a point that is N00'15'00"W 57.50 feet along the East line of said Lot2,from theSoutheast corner of said Lot 2, said point being a ,".ou".Jd Iron Rod, and running thenceS89o45'04"W 330.03 feet to the West Line of said Lot 2;thenceN00.l4'47',w qi.gzfbet alongsaid West Line to the South Bank of the Rexburg Inigation Company Canal; thence along saidSouth Bank the following two (2) courses; (l) N54'56'13"E 160.61 ieet; (2) N37"3g ,40,,8 Zl.g0feet; thence 557"23'04"E 67 .13 feet to the existing edge of asphalt; thence along said edge ofasphalt the following four (4) courses: (l) 588'56'17"E 57 3l feer; (2) Sg7o40' 76"E 32.4g feet;(3) N86o4l'58"E 24.59 feet: (4) 569013'37"E r5.oz feet to the East line of said Lot 2;rhences00ol5'00"8110.62 feet along said East line to the point of Beginning. Parcel contains 0.836 acres, and is subject to existing Rights-of-Way and Easements of record. Landnrark Prolessional Land Surveyors 3904 East 154 North Rigby, Idaho 83442 PHONE (208) 745-809| CELL (208) 351-1235 FAX (208) 74s-0t60 E-MAIL ty@landmarkpls.com 4ffi%*"1\b /+v-.-)'c1,\-.' Yl/ ffilUI loo- l\-/'-'r/' I n trE'# 6'15^b lre or ro) lvww.landmarkpls.com n "!v7x @ o {s{A(rl I Receipt Number: 13&42 ,, tD. 83440 (208) 3s9-3022 \runeu PayerlPayee Name::tEwrs.gcolr R $ 50.00 JAN 2I 2CIi3 crr( !ffgxcuBg genpmtneceipts Page 1 of 1