HomeMy WebLinkAboutGRANT OF EASEMENT_Recorded - 20-00052 - Beehive Credit Union - Lot SplitMicrofile No. 429445
6 DAY Mar 2020
At 01 O'Clock 54 PM
KIM H. MUIR
MADISON CO RECORDER
Fee $31.00
Deputy
Recorded of Request of
GRANT OF EASEMENT ALLIANCE TITLE - REXBURG OFFICE
FOR VALUE RECEIVED, this Grant of Easement (hereinafter "Grant") is made and executed
effective as of the 6 day of March, 2020 by Russell D. Squires, Sole Trustee of the Russell D.
Squires and Darla J. Squires Revocable Living Trust dated May 14, 2001, of 9685 N.
Chemehlevi Dr., Casa Grande, AZ 85122 (hereinafter referred to collectively as "Grantor") for
the benefit of Beehive Federal Credit Union, of 1087 Erikson Drive, Rexburg, ID 83440
(hereinafter referred to as "Grantee").
RECITALS:
A. Grantor is the owner of a parcel of real property in Madison County, Idaho and more
particularly described in Exhibit A, which is attached hereto and incorporated herein
by reference (hereinafter "Grantor's Property").
B. Grantee is the owner of two parcels of real property in Madison County, Idaho, which
are particularly described in Exhibit B, which is attached hereto and incorporated
herein by reference (hereinafter collectively "Grantee's Property"),
C. Grantor desires to grant and convey to Grantee a non-exclusive, perpetual easement for
the purposes of ingress, egress, utilities, and maintenance, which easement shall pass
through Grantor's Property, and which easement is more particularly described herein.
Now THEREFORE, for valuable consideration, the sufficiency of which is hereby acknowledged,
Grantor hereby grants, bargains, sells, and conveys unto Grantee, Grantee's heirs, successors in
interest, and assignees a non-exclusive easement (hereinafter "Easement") located in Madison
County, Idaho for the purposes of 1) vehicular and pedestrian ingress to and egress from Grantee's
Property for commercial and business purposes by Grantee and its patrons, customers, members,
invitees, and licensees; 2) installation and maintenance of utilities to be consumed on Grantee's
Property (including without limitation electricity, gas, sewer, water, telecommunications, high-
speed internet, fiber, and cable and satellite television) and all equipment or facilities necessary to
deliver such utilities to Grantee's Property; and 3) construction and maintenance of a paved
roadway over the course of the Easement to be constructed in accordance with the standards and
requirements promulgated by the city of Rexburg, Idaho. The Easement Grantor hereby grants to
Grantee, which is approximately 0.42 acres, and which shall be appurtenant to Grantee's Property,
including each discrete parcel comprising the collective term "Grantee's Property," is described
more particularly in Exhibit C, which is attached hereto and incorporated herein by reference.
GRANT OF EASEMENT — PAGE 1
This instrument filed
as an accommodation only.
It has not been examined
as to it's execution, insurability
or effect on title.
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Grantor hereby warrants and covenants to and with Grantee that Grantor is the owner in fee simple
of Grantor's Property; that Grantor has the right to grant and convey the Easement described
herein; that Grantor's Property is free from all encumbrances and liens, except for accruing real
property taxes and those appearing in public records or of sight; and that Grantor will warrant and
defend the same from all lawful claims whatsoever.
The Easement granted herein and the privileges and benefits associated with its use are hereby
conveyed by Grantor to Grantee in perpetuity and shall be a covenant running with the real
property described herein and shall be binding upon Grantor, Grantee, and their respective heirs,
successors in interest, and assigns.
Effective Date: March 14�'P, 2020.
GRANTOR
seGl �uJ�as �irP TvusfC�
Russell D. Squires, Sole Trustee
((�� �� t Acknowledgment
State of �-l�U��� Ip iflf+
11r10 ss.
County of r Y
On this day of 2020, before me, the undersigned, a notary
public, personally appeared Russell D. Squires, known or identified to me to be the Sole Trustee
of the Russell D. Squires and Darla J. Squires Revocable Living Trust dated May 14, 2001, and
the persons whose names are subscribed to the within instrument, and acknowledged to me that
they executed the same as Trustees.
W, I &)n �fg I
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&otly Public Katlu Ann Holliday 0 1
Residing at: P �� 1`7�" 11 I'i�fl�2,i1Cpp"a 3 I
(Seal)
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GRANT OF EASEMENT — PAGE 2
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EXHIBIT A - GRANTOR'S PROPERTY
A parcel of real property located in Madison County, Idaho, more particularly described as
follows:
Coinuumcing at the Northwest carrier c.f Section 17, amiship 6 North, Ranke; 40
E. B. Kt in M.Wisan f; auncy, State of Idaho,. as per the recorded pint thereof'. and
rttnning (bone South 1052 tett; thence East 2 R Fret: thence North 444 4/z feet;
tivnee f.`sast 1.968 'i.• feet to t'nt! West line of the'llnion Paci& Railroad right of the
evas; thence Northeasterly along said Nklcsl. line of said right of way 691 sect to the
intc.rsco-tion of the. North line of %W Se-Wor) 17 and slid RAiiroad right: ofway;
tbence West 2583 feet to thct place of N. ginning. Tmgethtir with till water xights
tberetu>.to belonging or in an.y A4,;c. appertaining.
LESS: Commencing al a point that is S 00 26' 2611 Wit 1062.8 ket from the NS►t'
corner of S'wfion 17, Township 6 North, Range 40 E.B.M., Wdison County.
Idaho, and running thence. 51, 8!Y -5V 03" Bast, 283.00 foot; :."renal N' 0" 2626"
!'lam, 1 WA feet.; thence 189" 59' 07" West 285.0 feet; thence S 0126'26" '4' eit
160.0 feet to the: point of beginning. Contains 0.79 acres, mom or less.
ALSO Id?.S'S: 'lltc Culk1wb1g d .Wrila d inghavay right or way: ovivinencing at a
paint that is S 0' 26'26" Wert, 1062.8 £se( fA)m the NW comer of Section 17,
toumbip 6 North. Burse 40 E.I3,NC, Madlson County, Idaho, and running thence
S 890 59103" Vast 3 0. 0 f let; t.henco N 0* 26` 26" ru*t, I (A).00 t'eel; lhonm N 89*
5iy 43" tiVest.10,0 feet, tbeice S 01126120" West, 160.0 feci to the point of
Ix g4ming, C<lntirins 0.08 a'ares.,'.ntarc• ar less.
ALSO Ll✓.'iy: A parcel of land sittiated in thc'Nonhctlst Quarter of the Northwest
Quarler (WE V4 NU' 1a) ofSection 1.7jownship 6 North, Range 40 vast, ofthc
13aiso.Mtri.dia(t, ia':tRm isort County; Slate oaf Idaho. nu)rc particularly descrihcd, as
follotivs:
Beginning at a point in the north lino of Scel.ion 1.7, said lxiint. being. 50.0 1. ;d
distant wirtliwesterly, ineusitrod at right ankles, From the ocnt.crltne of the m>ailz
trick. ol'thc Xrllowstom ardnch of tire. Orcgvm Short.Lim Railroad Company, as
now conslroct:cid. aixt opurated; di nee along it line Parallel %pith and 50.0 fetat
distant northwester!}, meusared at rigbi angels, from said cenrerbo of train track.
South 30 degrees 20 minuttts NVest, n. distance of 690.0 feet, thence along a litre
parallel with said north line of Stiction 17. West, a distattcc of 290.0 to a point
which is 30029 .feet distant nortlawcsttrly, nscasured at right angles.' from sitid
centerline of the lnain tract:; thence along a. line parallel "Aith told. 300.:9 iL'C.t
distant northwesttirly, measured at right ankles, front said centt:rlinu ofnidin traek.
North 30 degreas 20 mitiutes East, a distance of 690.f10 lett to a }mint in the north
line of said Section 17, (bone along said north line of said Section 1.7, Hast, a
disttmce.of'290.0 feet to. tltt: point of beginning.
Said parcel conttiins an urea. off 0 acres, mora or. Iuss.
GRANT OF EASEMENT — PAGE 3
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LESS AND EXCEPTING THEREFROM THE FOLLOWING TWO TRACTS:
TRACT 1 (0.74 Acres)
SITUATED IN THE STATE OF IDAHO, COUNTY OF MADISON, BEING PART OF
SECTION 17, TOWNSHIP 6 NORTH, RANGE 40 EAST, OF B.M., BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A REBAR WITH AN ALUMINUM CAP MARKING THE NORTHWEST
CORNER OF SECTION 17;
THENCE SOUTH 00° 11'07" WEST, A DISTANCE OF 60.50 FEET TO A POINT;
THENCE NORTH 89043'56" EAST, A DISTANCE OF 62.50 FEET TO A REBAR WITH A
PLASTIC CAP SET STAMPED, "PLS 13856", MARKING THE POINT OF BEGINNING;
THENCE NORTH 89043'56" EAST, A DISTANCE OF 178.00 FEET TO A REBAR WITH A
PLASTIC CAP SET STAMPED "PLS 13856";
THENCE SOUTH 00°11'07" WEST, A DISTANCE OF 182.25 FEET TO A REBAR WITH A
PLASTIC CAP SET STAMPED "PLS 13856';
THENCE SOUTH 89043'56" WEST, A DISTANCE OF 178.00 FEET TO A REBAR WITH A
PLASTIC CAP SET STAMPED "PLS 13856";
THENCE NORTH 00°11'07" EAST, A DISTANCE OF 182.25 FEET, TO THE POINT OF
BEGINNING. CONTAINING 0.74 ACRES OF LAND, MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY JEFFREY M. ROWE, PLS 13856 IN
JANUARY 2020, AND IS SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF
RECORD.
Continued on next page...
GRANT of EASEMENT - PAGE 4
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...Continued from previous page
TRACT 2 (0.69 Acres)
SITUATED IN THE STATE OF IDAHO, COUNTY OF MADISON, BEING PART OF
SECTION 17, TOWNSHIP 6 NORTH, RANGE 40 EAST, OF B.M., BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A REBAR WITH AN ALUMINUM CAP MARKING THE NORTHWEST
CORNER OF SECTION 17;
THENCE SOUTH 000 11'07" WEST, A DISTANCE OF 60.50 FEET TO A POINT;
THENCE NORTH 89043'56" EAST, A DISTANCE OF 240.50 FEET TO A REBAR WITH A
PLASTIC CAP STAMPED "PLS 13856", MARKING THE POINT OF BEGINNING;
THENCE CONTINUING NORTH 89043'56" EAST ALONG SAID LINE, A DISTANCE OF
162.47 FEET TO A REBAR WITH A PLASTIC CAP SET STAMPED "PLS 13856";
THENCE ALONG A NON TANGENT CURVE TO THE RIGHT, HAVING A DELTA ANGLE
31006'14",A RADIUS OF 25.50 FEET, AN ARC LENGTH OF 13.84 FEET, WITH A CHORD
BEARING OF SOUTH 15022'00" EAST, AND A CHORD LENGTH OF 13.67 FEET, TO A
REBAR WITH A PLASTIC CAP SET STAMPED "PLS 13856";
THENCE SOUTH 00°11'07" WEST, A DISTANCE OF 153.67 FEET TO A REBAR WITH A
PLASTIC CAP SET STAMPED "PLS 13856";
THENCE WITH AN ARC OF A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF
89°32'49", A RADIUS OF 15.50 FEET, AN ARC LENGTH 24.22 FEET, WITH A CHORD
BEARING OF SOUTH 44057'32" WEST, WITH A CHORD DISTANCE OF 21.83 FEET, TO A
REBAR WITH A PLASTIC CAP SET STAMPED "PLS 13856';
THENCE SOUTH 89043'56" WEST, A DISTANCE OF 150.76 FEET TO A REBAR WITH A
PLASTIC CAP SET STAMPED "PLS 13856';
THENCE NORTH 0001 P07" EAST, A DISTANCE OF 182.25, TO THE POINT OF
BEGINNING. CONTAINING 0.69 ACRES OF LAND, MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY JEFFREY M. ROWE, PLS 13856 IN
JANUARY 2020, AND IS SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF RECORD.
GRANT OF EASEMENT - PAGE 5
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EXHIBIT B -- GRANTEE'S PROPERTY
A parcel of real property located in Madison County, Idaho, more particularly described as
follows:
TRACT 1 (0.74 Acres)
SITUATED IN THE STATE OF IDAHO, COUNTY. OF MADISON, BEING PART OF
SECTION 17, TOWNSHIP 6 NORTH, RANGE 40 EAST, OF B.M., BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A REBAR WITH AN ALUMINUM CAP MARKING THE NORTHWEST
CORNER OF SECTION 17;
THENCE SOUTH 00° 1 P07" WEST, A DISTANCE OF 60.50 FEET TO A POINT;
THENCE NORTH 89043'56" EAST, A DISTANCE OF 62.50 FEET TO A REBAR WITH A
PLASTIC CAP SET STAMPED, "PLS 13856", MARKING THE POINT OF BEGINNING;
THENCE NORTH 89043'56" EAST, A DISTANCE OF 178.00 FEET TO A REBAR WITH A
PLASTIC CAP SET STAMPED "PLS 13856";
THENCE SOUTH 00011'07" WEST, A DISTANCE OF 182.25 FEET TO A REBAR WITH A
PLASTIC CAP SET STAMPED "PLS 13856';
THENCE SOUTH 89043'56" WEST, A DISTANCE OF 178.00 FEET TO A REBAR WITH A
PLASTIC CAP SET STAMPED "PLS 13856';
THENCE NORTH 00011'07" EAST, A DISTANCE OF 182.25 FEET, TO THE POINT OF
BEGINNING. CONTAINING 0.74 ACRES OF LAND, MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY JEFFREY M. ROWE, PLS 13856 IN
JANUARY 2020, AND IS SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF
RECORD.
Continued on next page...
GRANT OF EASEMENT - PAGE 6
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...Continued from previous page
TRACT 2 (0.69 Acres)
SITUATED IN THE STATE OF IDAHO, COUNTY OF MADISON, BEING PART OF
SECTION 17, TOWNSHIP 6 NORTH, RANGE 40 EAST, OF B.M., BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A REBAR WITH AN ALUMINUM CAP MARKING THE NORTHWEST
CORNER OF SECTION 17;
THENCE SOUTH 000 11'07" WEST, A DISTANCE OF 60.50 FEET TO A POINT;
THENCE NORTH 89043'56" EAST, A DISTANCE OF 240.50 FEET TO A REBAR WITH A
PLASTIC CAP STAMPED "PLS 13856", MARKING THE POINT OF BEGINNING;
THENCE CONTINUING NORTH 89043'56" EAST ALONG SAID LINE, A DISTANCE OF
162.47 FEET TO A REBAR WITH A PLASTIC CAP SET STAMPED "PLS 13856";
THENCE ALONG A NON TANGENT CURVE TO THE RIGHT, HAVING A DELTA ANGLE
31006'14",A RADIUS OF 25.50 FEET, AN ARC LENGTH OF 13.84 FEET, WITH A CHORD
BEARING OF SOUTH 15022'00" EAST, AND A CHORD LENGTH OF 13.67 FEET, TO A
REBAR WITH A PLASTIC CAP SET STAMPED "PLS 13856";
THENCE SOUTH 000 11'07" WEST, A DISTANCE OF 153.67 FEET TO A REBAR WITH A
PLASTIC CAP SET STAMPED "PLS 13856";
THENCE WITH AN ARC OF A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF
89°32'49", A RADIUS OF 15.50 FEET, AN ARC LENGTH 24.22 FEET, WITH A CHORD
BEARING OF SOUTH 4405732" WEST, WITH A CHORD DISTANCE OF 21.83 FEET, TO A
REBAR WITH A PLASTIC CAP SET STAMPED "PLS 13856";
THENCE SOUTH 89043'56" WEST, A DISTANCE OF 150.76 FEET TO A REBAR WITH A
PLASTIC CAP SET STAMPED "PLS 13856';
THENCE NORTH 00011'07" EAST, A DISTANCE OF 182.25, TO THE POINT OF
BEGINNING. CONTAINING 0.69 ACRES OF LAND, MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY JEFFREY M. ROWE, PLS 13856 IN
JANUARY 2020, AND IS SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF RECORD.
GRANT OF EASEMENT - PAGE 7
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EXHIBIT C - EASEMENT
A parcel of real property located in Madison County, Idaho, more particularly described as
follows:
SITUATED IN THE STATE OF IDAHO, COUNTY OF MADISON, BEING PART .OF
SECTION 17, TOWNSHIP 6 NORTH, RANGE 40 EAST, OF B.M., BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A REBAR WITH AN ALUMINUM CAP MARKING THE NORTHWEST
CORNER OF SECTION 17;
THENCE NORTH 89043'56" EAST, A DISTANCE OF 443.68 FEET TO A POINT;
THENCE SOUTH 00011'07" WEST, A DISTANCE OF 60.50 FEET TO A REBAR WITH A
PLASTIC CAP SET STAMPED "PLS 13856", MARKING THE POINT OF BEGINNING;
THENCE SOUTH 000 11'07" WEST, A DISTANCE OF 215.25 FEET TO A REBAR WITH A
PLASTIC CAP SET STAMPED, "PLS 13856';
THENCE SOUTH 8904356" WEST, A DISTANCE OF 348.18 FEET TO A REBAR WITH A
PLASTIC CAP SET STAMPED, "PLS 13856";
THENCE NORTH 00011'07" EAST, A DISTANCE OF 33.00 FEET TO A REBAR WITH A
PLASTIC CAP SET STAMPED, "PLS 13856";
THENCE NORTH 89043'56" EAST, A DISTANCE OF 295.76 FEET TO A REBAR WITH A
PLASTIC CAP SET STAMPED, "PLS 13856';
THENCE WITH AN ARC OF A CURVE TO THE LEFT HAVING A DELTA ANGLE OF
89°32'49", A RADIUS OF 15.50 FEET, AN ARC LENGTH 24.22 FEET, WITH A CHORD
BEARING OF NORTH 44057'32" EAST, WITH A CHORD DISTANCE OF 21.83 FEET, TO A
REBAR WITH A PLASTIC CAP SET STAMPED "PLS 13856";
THENCE NORTH 000 11'07" EAST, A DISTANCE OF 153.67 FEET TO A POINT;
THENCE WITH AN ARC OF A CURVE TO THE LEFT HAVING A DELTA ANGLE OF
31006114", A RADIUS OF 25.50 FEET, AN ARC LENGTH 13.84 FEET, WITH A CHORD
BEARING OF NORTH 151122'00" WEST, WITH A CHORD DISTANCE OF 13.67 FEET, TO
A REBAR WITH A PLASTIC CAP SET STAMPED "PLS 13856";
THENCE NORTH 89043'56" EAST, A DISTANCE OF 40.71 FEET TO THE POINT OF
BEGINNING. CONTAINING 0.42 ACRES OF LAND, MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY JEFFREY M. ROWE, PLS 13856 IN
JANUARY 2020, AND IS SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF RECORD.
GRANT OF EASEMENT - PAGE 8
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