HomeMy WebLinkAboutEASEMENT - 04-00059 - Rezone to Light Industrial - Impact Area0212412004 11:12 2083590856 MADISON ASSESSOR
... . ...... . ......
MADISON COUNTYA$SESSOR
LEEANNEW. ARCHIBALD
MADISON COUNTYADMINISTRATION BUILDING
.134 WT MAIN MUT
MBU1W 'IDAHO 83440
PHONE NUMBER (208) 356-5071
'pAx NUMBER (208) 359-0856.
DATE: Z/
NUMBER OF PAGES INCLUDING COVER SHEET-
DELIVERTO: Abu I r-
�Sq
FAX NUMBER; -,3 a 2—
vnnm!
PAGE 01
C
ON[MUN'M L
0vle 1s Y),\+ +ker if, So �0 Lk CCU
r
r o4i o -e 3E-(p� 7- F -
L7
02/24/2004 11:12
2083590856
MADISON ASSESSOR
inat£ument# 303272
9FABUR0, MADISON, IDAHO
9003-0410 na3b0y Nn Po: e
RecordedMARIM ror : DEPAYCq INC -- ac
MpRILVM 0. RA3MU8aPN FvC. 8.00
rx4mch, Reeer4er 1M �tY
RECORDING INFORMATION ABOVE
EASEMENT AGREEMENT
Private Easement
tadisaaaRv) ne om.h'
The undersigned ("Grantor") for and in consideration of S $1.00 and other good and
valuable cooslderatim, the receipt of which is hereby acknowledged, does hereby great and convoy unto
QWEST CORPORATION, a Colorado corporation C'Gramee'), whose address is 1901 Colifomia St.,
Suite 5200, Denver, CO 80202, and its successors, assigns, affiliates, lessees, Ucensew, and agents, a
perpetual naa-exclusive easement to construct, modify, add to, maintain, and remove such
telecomnluniuntions futilities, eleohimi and gas facilities, and other appurtenances, from time to tbnS as
Grantee may require upon, Duet, under and across the following described property situated in the County
of Madison, State of Idaho which Grantor owns or is which Grantor bas an interest ("Easement Area"),
to wit:
An easement which is described in its entirety on EXHIAIT "A" which is attached hereto and by
this reference made a part bert4 all of which is situated in the—SW-114 of Section _8_ Township
_fiN_Aatrge _40E_ of the Boise lt'laridian,
Grantor further conveys to Grantee the right of ingress and egress to and from the 1'asarrtem Area during all
periods of construction, maintenance, installation, reinforcement, repair and removal over and across
Grantor's lands with the right to clear and keep cleared all trees. and other Obstructions as may be necessary
for Grantee's use and enjoyment of the Easement Area.
Grantee shall indemnity Grantor for all damages caused to Grantor as a result of Grantee's negligent
exorcise of the rights and privileges herein granted. Grantee shall have no responsibility for environmental
contamination, which is either pre -misting or not caused by Grantee.
Grantor reserves the right to occupy, use and cultivate the Easement Arcs for all purposes not
inconsistent with the rights herein granted.
Grantor covenants that Grantor is the fee Simple owner of the Easement Area or has an interest in the
Fasemcot Area- Grantor will warrant and defend title to the Easement Area against all claims.
Grantor hereby covenants that no excavation, structure or obstruction Will be constructed, or permitted on
the Easement Area and no change will be made by grading or otherwise that would adversely affect
Grantee's use and enjoyment of the Easement Area.
The tights, conditions and provisions of this Agreement shall run with the lend mid shall inure to the beneEt of
and be binding upon Grantor and Grantee and their respective successors and assigns.
RiW #_0040803DB01_ Forge I oft
Initi
PAGE 03
02/24/2004 11:12 208359085E MADISON ASSESSOR PAGE 04
RECORDING INFORMATION ABOVE
Any claim, controversy or dispute arising out of this Agreement shalt be settled by arbitration in accordance
with the appiicsble rules of the American Arbitration Association, and judgement upon the award rendered by
the arbitrator may be emered in any coutt having jurisdiction thereof The arbitration shall be conducted ba the
county where the Easement Arca is situated.
Private Easement
InWdwl(a) as OgMlor
VOX.- ild GRANTOR:
for Five Brothers Family Limited Partnership
GRANTOR: GRANTOR:
STATE OF IDAHO )
) 36;
COUNTY OF _ MADISON—)
The
209 by
r �
before me this Z� day of
Witness m hand and official
INOTARV SLALI
Notary Publi
*`'Ss8'1gN.e My commission expires: 9-7
ti eOtARY
♦ 1171�'�G A
RIW# _ID040803DBOI Job # 323A713—
Exchonge_Rerrhurg_ County_••_•Madison_
U Section _SW_ Section _8_ Township_ 6Njtange _40E_ Page 2 of 2
02/24/2004 11:12 2083590856 MADISON ASSESSOR PAGE 05
EXHIBIT -A-
RIGHT OF WAY #ID040803DB01
DESCRIPTION FOR OWEST
COMMUNICATIONS EASEMENT
IN SECTION 8, TOWNSHIP 6N,
RANGE 40E OF THE BOISE MERIDIAN
MBURG, MADISON COUNTY, IDAHO
10' EASEMENT ACROSS STODDARD PROPERTY
A 10' utility easement described as follows:
Beginning at a point that is N00°14'09"W 59.17 feet from the
South quarter corner of Section 8, Township 6 North, Range
40 East of the ,Boise Meridian, Madison County, Idaho and
running thence N00'14'09"W 246.29 feet along the East
boundary line of instrument number 283425; thence
N89645' 51"E 10.00 feet; thence S000141 09'E 229.22 feet to
the'North line of the railroad right-of-way; thence
S300181 0011w 19.78 foot along railroad right-of-way to the
point of beginning.
M
n
O
O
ri
O
a
cC)
O
W
0
ko
O
W
� a
w w
N aU
\ a
N
a
H
as
H
mi
co
W
W
x
0
P4
CQ
Q
0
E
M
90 39Vd
N
o
r1n'
O
ry
N
v
N
2
ww
Ill
O
O
O
L n
O
l n
t,
w
'eY
d1
W
O\O\m
bl
cl
N
N
N
N
rt
O
Q
�
CA
N
a
U
'J N
H
H en M
41
aOSS3SS7 NOSIGVW
998065£802 ZT:TT 7002/7Z/Z0
02/24/2004 11:12 2083590856
MADISON ASSESSOR
r
� r H
0030
oak
N N
to
m
N U1 H
A n
4
0
t4 u
PAGE 02
N
N
d r \
0
z
ro
p7 0
b t4
H t4
oi
0
H qj
W
grog O
y r
0
0
1
ro
A
w
t+
RI H
n
d z
b
H
W
F4