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Home My WebLink AboutLEGALS - 07-00040 - Woodshed Properties - 347 W Main - CUP for 36 Townhomes�<ecord to attach map 'First American Title Company ?u 32 e%14 WHEN RECORDED RETURN TO: I tr e # Billy G. Dupree, Jr. RE_ RG, ADI N, t P.O. Box 723 -+ s :23. . s Rexburg, Idaho 83440 \Re rdo r: ST Ex R YN R. AS USS Fae, a.0 Exk\Mn Recorder WARRANTY DEED AND GRANT OF EASEMENTS This Warranty Deed and Grant of Easements is entered into by and among Steven Lamont Jackson and Stephanie Jackson, husband and wife, of 338 West 1" South, Rexburg, Idaho 83440 (hereinafter referred to as "Grantor'), and Woodshed Properties LLC, an Idaho limited liability company, of P.O. Box 463, 3784 East 175 North, Rigby, Idaho 83442 (hereinafter referred to as "Grantee"). RECITALS A. Grantor is the owner of the real property situated in the City of Rexburg, Madison County, State of Idaho, described as follows: The East 6 rods of Lot 3, Block 42, of the Original Rexburg Town Site, in the City of Rexburg, as per the original plat thereof beginning at the Southeast comer of Lot 3 and running thence North 20 rods; thence West 6 rods, thence South 20 rods, thence East 6 rods to the point of beginning. B. Grantor desires to sell dud convey to Grantee, and Grantee desires to purchase from Grantor, the real property situated in the CityofRexburg, Madison County, State ofldaho, described as follows (hereinafter referred to as "Grantee's Propertn: Commencing at a point that is 107.00 feet North of the Southeast comer of Lot 3, Block 42 of the Original Rexburg Townsite, as per the recorded plat thereof, and running thence North 223.00 feet; thence West 99.00 feet; thence South 223.00 feet; thence East 99.00 feet to the point of beginning. Contains 22,077 square feet. C. After G rantor's c onveyance o f t he Grantee's Property to Grantee, Grantor shall continue to own the real property situated in the City of Rexburg, Madison County, State of Idaho, described as follows (hereinafter referred to as the "Grantor's Property'): Commencing at the Southeast comer of Lot 3, Block 42 of the Original Rexburg Townsite, as per the recorded plat thereof, and running thence North 107.00 feet; thence West 99.00 feet; thence South 107.00 feet; thence East 99.00 feet to the point of beginning. Contains 10,593 square feet. D. In connection with the purchase of the Grantee's Property, Grantee desires to purchase certain easements over and across the Grantor's Property - Instrument # roperty., Instrument# 309349 REXBURG, MADISON, IDAHO 200407-t2 0/:03: N of ges:7 Recorded for: FIRST A RICAN IT MARILYN R. RASMUS N Fee: 27.00 Ex-0Nlclo Recorder Da E. Grantor desiresandis willing to grant the easements desiredby Grantee for the benefit of the Grantee's Property as provided herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt ofwhich is hereby acknowledged, Grantor and Grantee agree as follows: WARRANTY DEED Steven Lamont Jackson and Stephanie Jackson, husband and wife, 338 West 1" South, Rexburg, Idaho 83440, as GRANTORS, for a good and valuable consideration, the receipt ofwhich is hereby acknowledged, do hereby grant, bargain, sell and convey unto Woodshed Properties LLC, an Idaho limited liability company, of P.O. Box 463, 3784 East 175 North, Rigby, Idaho 83442, as GRANTEE, and -to GRANTEE'S successors and assigns forever, all of the following described property situated in the City of Rexburg, Madison County, State of Idaho: Commencing at a point that is 107.00 feet North of the Southeast comer of Lot 3, Block 42 of the Original Rexburg Towasite, as per the recorded plat thereof, and running thence North 223.00 feet; thence West 99.00 feet; thence South 223.00 feet; thence East 99.00 feet to the point of beginning. Contains 22,077 square feet. TOGETHER with all improvements, easements, hereditaments and appurtenances thereto, and the easements granted by Grator to Grantee for the benefit of said property as hereinafter described. GRANTORS, for themselves, their heirs and assigns do hereby covenant, warrant and shall defend the quiet and peaceable possession of said premises by the GRANTEE, its successors and assigns forever against the lawful claims of all persons. GRANT OF EASEMENTS I . Grantor hereby grants to Grantee an exclusive perpetual easement for ingress to and egress from Grantee's Property on, over and across the entire West twenty-two (22) feet of Grantor's Property (hereinafter referred to as the "Drive Easement"), subject to and in accordance with the following terms: A. Grantee, Grantee's managers and tenants, and their guests and invitees shall have the right to use the Drive Easement. B. Grantee shall, at Grantee's expense, pave and thereafter maintain, including snow removal, the Drive Easement. WARRANTY DEED AND GRANT OF EASEMENTS - Page 2 2. Grantor hereby grants to Grantee a non-exclusive perpetual easement for ingress to and egress from the Grantee's Property on, over and across the following described property located in the City of Rexburg, Madison County, State of Idaho (hereinafter referred to as the "Sidewalk Easement"): Beginning at a point that is 64.00 feet West of the Southeast corner of said Lot 3, Block 42 and running thence North 7.28 feet to a curve to the left with a radius of 10 feet and a cord of 6.01 feet; thence along said curve a distance of 6.1 feet; thence N34059'40"W 11.21 feet to a curve to the right with aradius of 7 feet and a cord of 4.21 feet; thence along said curve a distance of 4.28 feet; thence North 2.79 feet; thence East 0.50 feet; thence North 78.00 feet; thence West 4.0 feet; thence South 78.00 feet; thence East 0.50 feet; thence South 2.79 feet to a curve to the left with a radius of 10 feet and a cord of 6.01 feet; thence along said curve a distance of 6.1 feet; thence S34°59'40"E 11.21 feet to a.curve to the right with a radius of 7 feet and a cord of 4.21 feet; thence along said curve a distance of 4.28 feet; thence South 7.28 feet; thence East 3.0 feet to the point of beginning. The Sidewalk Easement is granted subject to and in accordance with the following terms: A. Grantee shall install a sidewalk on the Sidewalk Easement, at Grantee's expense. B. Attached hereto as Exhibit A, and incorporated herein by reference, is a diagram that shows the Sidewalk Easement and where it connects with the sidewalk running to the house constructed on the Grantor's Property (hereinafterreferredtoas"Grantor's Sidewalk"). After the sidewalk has been installed on the Sidewalk Easement, Grantee shall maintain, repair andreplace as needed, including snow removal, the sidewalk on the Sidewalk Easement that lies North of the North side of the intersection of the Sidewalk Easement and Grantor's Sidewalk. Grantor shall repair, replace and maintain, as needed, including snow removal, the Grantor's Sidewalk. Grantor and Grantee shall share equally the expense ofreplacing, repairing and maintaining the sidewalk on the Sidewalk Basement that lies South ofthe North side ofthe intersection ofthe Sidewalk Easement and Grantor's Sidewalk, except that Grantor shall be responsible for snow removal on that portion of the sidewalk on the Sidewalk Easement. 3. The Drive Easement is intended for transportation and use by vehicles and other modes of transportation. 4. The Sidewalk Easement is for use by pedestrian traffic only. 5. With respect to replacements, repays andmaintenance shared by Grantor and Grantee, the parties agree to meet and reasonably agree in advance on a budget for such maintenance, repairs and replacements. If either Grantor or Grantee expends funds in connection with such agreed WARRANTY DEED AND GRANT OF EASEMENTS - Page 3 maintenance, repairs or replacements, the other will reimburse one-half of all funds expended immediately upon request and verification of the expense. 6. Theburdens and benefits of the easements granted herein shallbe appurtenantto and run with the Grantor's Property and the Grantee's Property. The easements granted herein shall be for the benefit of andbindingupon Grantor, Grantee and theirrespective heirs, successors and assigns who own the Grantor's Property, the Grantee's Property or any part thereof. 7. The recitals set forth above are part of, and incorporated into, the Warranty Deed and Grant of Easements. 8. The terms and provisions of the easements as provided herein may be amended or modified only in writing in recordable form executed by both Grantor and Grantee. IN WITNESS WHEREOF, the parties have executed this Warranty Deed and Grant of Easements. . GRANTOR GRANTEE Steven Lamont Jackson Stephanie Jackson Woodshed Properties LLC, an Idaho limited liability company B1t�69�,,,..�i�v� Mark Andrews, Manager By K en Snell, Manager WARRANTY DEED AND GRANT OF EASEMENTS - Page 4 N90°00'00" E 9.9,007 0 o z hI I PARCEL 1 ^o o0 10593'SO.. FT. o� o. 0o o o. . W > N 3 3' JOINT G0� SIDEWALK 22 0 64 99,00' NcriG srcl: oiGnf+�� Clww'tor'S S'idtwa(K, � ,