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HomeMy WebLinkAboutWATER & SEWER EASEMENT - 20-00059 & 20-00060 - 515 W 7th S & 720 S 5th W - DuplexesInstrument # 429495 REXBURG, MADISON, IDAHO 3-10-2020 08:52:46 AM No. of Pages: 3 Recorded for: EAGLE ROCK ENGINEERING KIM H. MUIR Fee: 16.00 , Ex -Officio Recorder Deputy r�/ DEED OF EASEMENT THIS INDENTURE, made this §- day of March. 2020, between Michael J. Hendricks and Kenna M. Hendricks, husband and wife whose current address is 1260 Cherry Blossom Lane, Tracy, California 95377, party of the first part hereinafter referred to as "GRANTOR", and Daren and Laurie Call, husband and wife whose current address is 748 South 51' West, City of Rexburg, Idaho 83440 party of the second part hereinafter referred to as "GRANTEE". WITNESSETH For and in consideration of the sum of One and No/100 Dollars ($1.00) and other good and valuable consideration paid by GRANTEE, the receipt of which is hereby acknowledged, GRANTOR hereby grants, bargains and conveys unto GRANTEE, and its successors and assigns forever, an irrevocable non-exclusive sanitary sewer easement for the purpose installing and maintaining a sanitary sewer service over, across, and under the following described real estate, situated in the County of Madison, State of Idaho, to -wit: A five (5) foot wide sanitary sewer easement for property recorded in a Quit Claim Deed with the Madison County Office of Records under Deed Instrument No. 428506 located in a part of the Northeast Quarter of Section 36, Township 6 North, Range 39 East of the Boise Meridian, Madison County, Idaho for which is more specifically described as follows: The North five (5) feet of the South property line of the property described in Quit Claim Deed Instrument No 428506 as recorded with the Madison County Recorder, State of Idaho dated January 22, 2020. This easement may be used for the construction, maintenance, and repair of an existing sanitary sewer service and GRANTEE shall have the right, at GRANTOR'S expense, to remove, cut, trim any trees, brush, ornamental shrubbery or plants, or other obstructions on said premises which may injure or interfere with the use thereof by the GRANTEE for such purposes. Such right may be exercised without prior notice to GRANTOR or its heirs, successors or assigns. GRANTOR or its heirs, successors or assigns further agree that they will hold the GRANTEE or its licensees, or permitees harmless from damage incurred to any items constructed on, over, or under these premises described, that was constructed, or permitted to be constructed, by the servient estate subsequent to this instrument. GRANTOR further agrees it will construct no permanent structures upon the premises described, including but not limited to buildings constructed on permanent foundations, light posts, sign posts or other structures which are not readily movable with nominal expense. To have and to hold unto GRANTEE and its successors and assigns forever. IN WITNESS WHEREOF, GRANTOR has hereunto subscribed its hands and seals on this day and year first above written. GRANTORS Michael J. Hendricks Hendricks Deed of Easement Form 3/4/2020 Kenna M. Hendricks Page 1 ofA 3 STATE OF CALIFORNIA ) ss: County of On this day of March, 2020, before me, the undersigned, a notary public, in and for said State, personally appeared Michael J. Hendricks and Kenna M. Hendricks, husband and wife, known or identified to me to be the persons whose name is subscribed to the within instrument 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 first above written. Notary Public of California Residing at: PA �� (j��]l dpi cA— My Commission Expires: Hendricks Deed of Easement Form Page 2 of; 3 3/4/2020 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ALAMEDA County of On MARCH 05, 2020 before me, ASHLEE HERBERGER, NOTARY PUBLIC (insert name and title of the officer) personally appeared MICHAEL J. HENDRICKS AND KENNA M. HENDRICKS who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha and official seal. Signature al) D( M- CpGI�eJ' d&Cif�� rs P�cc 80103 �NIIIIIIIIIIIIIi11111111111111i11111� • • y2 TAF. %1811 .c4FmAA o ,AAMMACOM My Commission EkPIMS 05/17/1021 \IIIIIIIIIIII t11111111I11111111111111! (� a�M-0-^fi