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T'ransnation
Escrow No. TN43-17S42 L`
WARRANTY DEED
FOR VALUE RECEIVED
RONALD A. AMES AND MARY A. AMES, husband and wife
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GI2ANTOR(s), does(do) hereby GRANT, BARGAIN, SELL AND CONVEY unto: STEPHEN BARTCH, an
unmarried man
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GRANTEES(s), whose current address is: 22316 Rutledge Dr. , Caldwell, ID $3607-7762
the following described real property in Canyon County, State of Idaho,
more particularly described as follows, to wit:
SEE EXHIBIT "A" ATTACHED
(Continued)
TO HAVE AND TO HOLD the said premises, anth their appurtenances unto the said heirs and assigns forever. And the said
Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) istare the owner($) in fee simple of said
premises; that said premises are free from all encumbrances EXCEPT those to which this conveyance is expressly made
subject and those made, suffered or done by the Gmntec(s); and subject to reservations, restrictions, dedications, easements,
rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility
assessments, if any) for the current year, which are not yet due and payable, and that Grantors) will warrant and defend the
same from all lawful claims whatsoever.
Date: April 21, 2003
Ronald A. AM*&
Notary Acknowledgment — see page 2
Mary A.
WARRANW DEED - NOTARY ACKNOWLEDGMENT(S):
State of Idaho. County of Canyon, ss
On this ?/ day of April in the year of 2003, before me, the undersigned, a Notary Public in and for
said State, p ally appeared RONALD X AMES AND MARY A. AMES known or identified to me to be the
person ose name(s) islare subscribed to the within instrument, and acknowledged to me that
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fission expires: 4/10106 y t
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LEGAL DESCRIPTION (continued)
EXHIBIT "A"
The Gast half of the following described parcel:
Commencing at the Northwest comer of the Northeast quarter of the Northwest quarter of Section
23, Township 4 North, Range 3 West, Boise Meridian, Canyon County, Idaho; thence
South along the West boundary line of said Northeast quarter of the Northwest quarter a
distance of 325 feet to the REAL. POINT OF BEGINNINGS; thence
East on a line parallel with the North boundary line of said Northeast quarter of the Northwest
quarter a distance of 300 feet; thence
South on a line parallel with said West boundary line a distance of 100 feet; thence
West on a line parallel with said North boundary line a distance of 300 feet to a point in the
West boundary line of said Northeast quarter of the Northwest quarter, thence
North along said West boundary line a distance of 100 feel to the REAL POINT OF BEGINNING.
1. .. .
USE AGREEMENT .; �_
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T141S AGREEMENT made and entered into this _day of Jwne, 'OOI . by and
between RONAI D A. AMES and MARY A. AMES, Husband and Wife, Party of the first Part,
hereinafter referred to as Ames, and BRUCE E. NICHOLES and AEBRA L. NICHOLES,
Husband and Wife, Party of the Second Part, hereinafter referred w as Nicholes;
WHEREAS the parties are the owners of property adjoining each other, with the Ames
owning the East half and the Nicholes owning the West half of the real property set forth and
described in Exhibit "A" attached hereto and made a part hereof by reference; and
WHERF.AS the drain field of the septic system of the Nicholes encroaches on the Ames
property; and
WHEREAS the parties desire to set forth their agreement regarding the use and
discontinuance of the septic system;
NOW niEREFORE in consideration of the mutual promises and agreements set forth
herein the parties do hereby contract and agree as follows:
As long as the status quo remains as it currently is as of the date of this agreement, that
is to say, that the septic system on the Nicholes property which encroaches on the Ames
property operates properly without need of repair or maintenance, the encroachment is
acceptable to the Ames.
2. In the event the drain field fails for any reason or is need of repair Nicholes agree to
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relocate the drain field on their property and the encroachment on the Ames properrty is
to terminate and end. ter Pey 44 r5 Ndf 7Z7
3. In the event city sewer becomes available to the Nicholes, Nicholes agree to vacatc
the septic system and immediately hook up to the city sewer.
4. It is agreed that this agreement may be recorded on the records of Canyon County and
that this agreement runs with the land and is binding on the panics heirs, successors and
assigns.
IN WITNESS Whereof the parties have set their hands and subscribed their names the
date in this agreement first above written.
Ronald A. Ames
Mary A. e
AUREEMENT - Page 2
Bruce E. Nicholes
�IJA A
ebra L. Nicholes
ft
STATE OF IDAI O )
County of Canyon 7 Yk `
JOL On this �_ day of jvrte, 2IX01, before me a Notary public in and for said state,
personally appeared Ronald A. Ames and Mary A. Ames, Husband and Wife, known tome to
the persons whose names are subscribed to the within instrument and acknowledged to me that
they executed the same.
IN WITNESS whereof where I have set my hand and affixed my official seal the day and
year in this certificate first above written.
•�� %UNsA,`,'•
�007A*r� t Notary Public for Idaho
�•� = Residing at:
AUK 1,1G r Commission Expires:
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�1rF OF I'D Rr�'.
STATE: OF
SS.
County of } .p
f)n this %$74 _day of-ISt, 2()ol. before me a Notary Public in and for said state.
personally appeared Bruce E. Nicholes and Debra L. Nicholes, Husband and Wife, known to
me to be the persons whose names are subscribed to the within instrument and acknowledged
to me that they executed the same.
IN WITNESS whereof 1 have set my hand and affixed my official seal the day and year
in this certificate first above written.
�StM �D 3ly� Notary u lit for Lo�,u,,,.,Lc�• C.•�
1 Residing at: 9 9 Ol. A4 tq%L,4
9oign,If 4A Commission Expires:
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AGREEMENT, Page 3
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Exbibit "A"
The Bast Ralf of the following described property:
COMMENCING at the Northwest co"ner of the Northeast Quarter of'the
Northwest Quarter of Section 23, To ship 4 North, Range 3 West,
Boise Meridian, Canyon County, Idahol thence
South along the West boundary li3se of said Northeast Quarter
of the Northwest Quarter a distance of 325 feet to the R ML POINT
OF BEGINNING; thence
Last on a litre parallel with the North boundary line of said
Northeast Quarter of the N01-.thwest Quarter a distance of 300 feet;
thence
South on a line parallel with said west boundary 'Iine a
distance of•100 feet; thence
Wiest on a litre parallel with said North boundary line a
distance of ,00 feet to a count in the West boundary line of said
Northeast Quarter of the Northwest Quarter; thence
North along said west boundary line a distance of 100 feet to
the REAL P02W OF BBOIMING.
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