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Home My WebLink AboutGRANT OF EASEMENT - 16-00478-482 - Campus Courtyard 2�b _oU 4i 8 Instrument# 405632 REXBURG, MADISON, IDAHO WHEN RECORDED RETURN TO: 10.21-2016 11:56:41 AM No. of Pages:4 DuPree Stewart Taylor & Morris Recorded for: DUPREE STEWART TAYLO & MORRIS KIM H. MUIR Fee: 19.00 P.O. BOX 723 Ex -officio Recorder Deputy Rexburg, Idaho 83440 GRANT OF EASEMENT This Grant of Easement (this "Easement") is entered into by and between S&S One LLC, an Idaho limited liability company ("S&S One") ("Grantor"), and S&S One ("Grantee"). Recitals A. Grantee owns the real property situated in Madison County, Idaho described as follows (the "Grantee's Property"): Commencing at the Northwest corner of Lot 3 of the Southend Addition to the City of Rexburg as per the recorded plat thereof, running thence along the West line of said Lot 3 S0001510411E 90.05 feet to the True Point of Beginning, thence leaving said West line N89045'30"E 190.16 feet, thence S00°15'04"E 79.00 feet, thence S89°45'30"W 190.16 feet to said West line, thence along said West line N00015'04"W 79.00 feet to the True Point of Beginning. B. Grantor owns the real property situated in Madison County, Idaho described as follows (the "Grantor's Property"): Commencing at the Northwest corner of Lot 3 of the Southend Addition to the City of Rexburg as per the recorded plat thereof, running thence along the West line of said Lot 3 S00°1510411E 169.05 feet to the True Point of Beginning, thence leaving said West line N89045'30"E 194.66 feet, thence S00°15'04"E 210.50 feet, thence S89°45'30"W 194.66 feet to said West line, thence along said West line N00° 15'04"W 210.50 feet to the True Point of Beginning. C. Grantor desires to grant to Grantee a non-exclusive perpetual easement along the north edge of Grantor's Property to a distance that is ten (10) feet from the southernmost point of the south wall of the building on the south portion of Grantee's Property for purposes of maintaining a minimum fire separation distance between the building on the south portion of Grantee's Property and any structure on Grantor's Property. D. The parties desire to establish and describe such easement as set forth herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Grantor represents and covenants to and with Grantee that Grantor owns Grantor's Property and has all power and authority to grant to Grantee the easement described herein. Grantor hereby grants to Grantee a non-exclusive perpetual easement for the benefit of Grantee's Property along the north edge of Grantor's Property to a distance that is ten (10) feet from the southernmost point of the south wall of the building on the south portion of Grantee's Property for purposes of maintaining a minimum fire separation distance between the building on the south portion of Grantee's Property and any structure on Grantor's Property. No structure that encroaches on this easement may be built on Grantor's Property so long as the existing building on the south portion of Grantee's Property stands and Rexburg City zoning requirements require a minimum fire separation distance of at least ten (10) feet between dwelling structures. 2. The easement described in this Easement shall run with the land and shall be binding upon and inure to the benefit of Grantor, Grantee and their respective heirs, devisees, personal representatives, successors, assigns, purchaser, or transferees of any kind. Grantor and any other person or entity who owns Grantor's Property or any part thereof, and Grantor's Property, shall be subject to the easement described in this Easement. Grantee and any other person or entity who owns Grantee's Property or any part thereof, and Grantee's Property, shall be entitled to use and benefit from the easement described in this Easement. 3. This Easement constitutes the entire agreement of the parties with respect to the matters set forth herein. This Easement may be amended or modified only in writing, signed and acknowledged by all the then current owners of Grantor's Property and Grantee's Property, and recorded in the Official Records of the Madison County, Idaho, Recorder. This Agreement shall be governed and construed in accordance with laws of the State of Idaho. 4. This Easement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. The signature pages may be detached from each counterpart and combined into one instrument. This Easement may be signed and delivered by facsimile transmission or electronic mail which shall be effective as an original. [signatures on following pages] GRANT OF EASEMENT — Page 2 IN WITNESS WHEREOF, the parties have executed and delivered this Easement to be effective as of the last date of execution by a party below. GRANTOR: S&S One LLC, an Idaho limited liability company By: OWL✓J�Date: Jared Sommer, Manager GRANTEE: S&S One LLC, an Idaho limited liability company By: 044kl4m11� Jared Sommer, Manager GRANT OF EASEMENT — Page 3 Date: 1 D— Dr I— 1� STATE OF IDAHO ) :ss' County of Madison ) On this 21 s� day of October, in the year 2016, before me, (,, % / r a Notary Public in and for said State, personally appeared Jared Sommer, know or identified to me to be a Manager of S&S One LLC, the limited liability company that executed the instrument or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day andyearin this certificate first above written. ° G . Tg v o = Y Not ublic o Idaho yz ° _. _ s * i Residing at: Q�xlw , 7Q p 1G o My Commission xpires:.vg_o!-aoaFj , U B L ,• �S. ,; r,ITF oP STATE OF IDAHO ) :ss County of Madison ) On this alb day of October, in the year 2016, before me, T a Notary Public in and for said State, personally appeared Jared Sommer, knowlowi or�d to me to be a Manager of S&S One LLC, the limited liability company that executed the instrument or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. G. .••"•"'••.0 °., Nota>yublic&)r Idaho a o t AR 1 •'; Residing at: �,ad .Tl� � e My Commission xpires: 6a'.6bgoao tiG O GRANT OF EASEMENT—Page 4