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HomeMy WebLinkAboutSEWER EASEMENT - 17-00272 -639 Handcart Ln - Savoye Apartments LLCMicrofile No. 410357 19 DAY Jun 2017 At 12 O'Clock 53 PM KIM H. MUIR MADISON CO RECORDER Fee $16.00 Deputy Recorded of Request of ALLIANCE TITLE - REXBURG OFFICE UNDERGROUND SEWER LINE EASEMENT for ingress, egress and underground sewer line MAM Revocable Trust U/A/D Feb 5th 2008, and amendments thereto, Michael A. Mielke, Trustee, Grantor, for valuable consideration of prospective development benefits and reserving its own interest and uses, does hereby create and grant to Cantamere LLC, and Idaho Limited Liability Company, its successors and/or assigns, a 24 foot wide underground sewer line right of way Easement with rights of access to the right of way easement for construction, reconstruction, service and repairs to the underground sewer line. Grantor expressly reserves and retains the same easement for the Grantors own use and benefit, and its successors and/or assigns. The Easement is described herein by attachment identified as "Utility Easement legal Description", and shall be for the benefit of the Grantees land described as: Tract 1 Commencing at a point 38.7 feet North of the Southeast corner of the Southwest Quarter of the Southeast Quarter of Section 25, Township 6 North, Range 39 East, Boise Meridian, Madison County, Idaho, and running thence North 663.8 feet; thence East 389.7 feet to the West Line of the East Idaho Railroad right of way; thence South 30°25' We along said railroad right of way line 769.74 to the point of beginning. Tract 2 Commencing at a point 375 feet South of the Northwest corner of the Southeast Quarter of the Southeast Quarter of Section 25, Township 6 North, Range 39 East, Boise Meridian, Madison County, Idaho, and running thence East 532.3 feet to the East Idaho Railroad right of way; thence South 30°25' West along said railroad right of way to a point that is 389.7 feet East and 702.5 feet North of the Southwest corner of the Southeast Quarter of the Southeast Quarter of said Section; thence West 389.7 feet; thence North to the point of beginning. Excepting therefrom: Beginning at the Southeast corner of said Section 25 and thence running to a point that is North 89'57'19" West 1319.84 feet along the South section line and North 00'00'11" East 764.82 feet along the West line of the Southeast Quarter of the Southeast Quarter of Said Section 25, and running thence North 00'00'11" East 179.48 feet along said West line of the North line of the property described in Instrument No. 240106; thence South 89°59'49" East 532.04 feet along said North line to the Westerly right of way line of the East Idaho Railroad that is 50.00 feet perpendicular from the center line of the existing tracts; thence South 30024'22" West 318.66 feet along said right of way line; thence North 89°35'35" West 69.94 feet; thence North 4°21'54" East 95.14 feet; thence North 89°59'49" West 308.07 feet to the point of beginning. I " 410357 In Witness Thereof, I hereto set my hand this day of June, 2017. MAM Revocable Trust U/A/D Feb 5t' 2008 By: Michael A. Mielke, Trustee State of Wyoming ) L►\r►co\v\ )ss. County of T-eteii ) On this JS`day of June, 2017, before me, the undersigned, a Notary Public in and for the State, personally appeared Michael A. Miekle, known or identified to me to be the person whose name is subscribed to the foregoing instrument as trustee of the MAM Revocable Trust U/A/D Feb 5a' 2008, and acknowledged to me that Michael A. Mielke executed the same as Trustee. In Witness Whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. �l JESSICA ZILKA Notary Public - Wyoming Lincoln County My Commission Expires Oct 24, 2020 ting D 410357 UTILITY EASEMENT LEGAL DESCRIPTION SITUATED IN THE STATE OF IDAHO, COUNTY OF MADISON, BEING PART OF LOT 2 AND 3, BLOCK 1, PIONEER VILLAGE SUBDIVISION, CITY OF REXBURG, PART OF SECTION 25, TOWNSHIP 6 NORTH, RANGE 39 EAST, OF B.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 1, PIONEER VILLAGE SUBDIVISION; THENCE SOUTH 00°16'13" EAST, A DISTANCE OF 402.43 FEET TO A POINT ON THE EAST PROPERTY LINE OF PIONEER VILLAGE SUBDIVISION, MARKING THE CENTERLINE OF A 24 FOOT WIDE UTILITY EASEMENT AND THE POINT OF BEGINNING; THENCE SOUTH 89043'57" WEST, A DISTANCE OF 80.00 FEET TO THE TERMINUS OF THIS EASEMENT; THE ABOVE DESCRIPTION WAS PREPARED UNDER THE DIRECT SUPERVISION OF JEFFREY M. ROWE, PLS 13856 IN MAY 2017, AND IS SUBJECT TO EASEMENTS AND RIGHTS- OF-WAY OF RECORD. �V� 410357