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HomeMy WebLinkAboutWater Main Easement for Larkspur No 1ADA COUNTY RECORDER Christopher D. Rich 2015-035829 BOISE IDAHO Pgs=5 VICTORIA BAILEY 04/291201502:16 PM MERIDIAN CITY NO FEE 11111111111111111111111111111111111111111111111111111 00092209201600368290060067 WATER MAIN EASEMENT THIS INDENTURE, made this 092r day of AIL- 20 16 between GGR, LLC, the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the water mains, GRANTEE shall restore the area ofthe easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Water Main Easement EASMT WAT 11-15-13.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Robert Runyan, Managing Member GGR, LLC PO Box 2579 Eagle, Idaho 83616 STATE OF IDAHO ) : ss. County of Ada ) On this ZO day of ADV'I I , 201 � , before me, the undersigned, a Notary Public in and for said State, personally appeared Robert Runyan, known or identified to me to be a Managing Member of that Limited Liability Company that executed the within instrument, and acknowledged to me that such company executed the same. IN WUNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. �AS & DEAUSTIN Notary Public Stale of Idaho ClefAM DMh � NOTARY PUALIC FOR IDAHO Residing at: D Commission Expires:1012311-1 Water Main Easement EASMT WAT 11-15-13.doc 7GRAN;TEE: 'CITY OF MERIDIAN 2�o�4o�PrIIonueLsr 9� cOE Q.�nnmr e iii --T-etlimydeWe d ayor g SEAL n ACJ i� ,�r,` rQOr�de rae^aaFt Attest y Ja cee L. Ho ma , Clerk Approved By City Council On:\� STATE OF IDAHO, ) : ss County of Ada ) On this day of 0,0 v -\k '20 —J-� before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and fayeeet—gelr —�" Jori known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,.Uses... ••INp'•. 06. ' O z ;0 • '•.� S7 ATT •.•• NOTARY PUBLIC FOR IDAHO Residing at: F'iwL.. 1 ✓J Commission ExpC�b Water Main Easement EASMT WAT 11-15-13.doe ' Sawtooth Land Surveying, LLC --•" ^ �• < P: (208) 398-8104 F: (208) 398-8105 20305 Washington Ave., Emmett, ID 8361 I EXHIBIT A City of Meridian Water Easement A parcel of land being a portion of Lot 11 and Lot 12, Block 1, Larkspur Subdivision No. 1, as shown on file in Book 93 of Plats, at Page 11064, Ada County Records, for the purpose of a City of Meridian Water and Sewer Easement, and located in the SWI/4 of the NW1/4 of Section 19, T. 3 N., R. 1 E., City of Meridian, Ada County, Idaho, more particularly described as follows; COMMENCING at a found brass cap marking the northwest corner of said Section 19; Thence South 0055'00" West, coincident with the west line of said SWI/4 of the NW1/4 of Section 19, a distance of 1519.50 feet; Thence South 89059'26" East, 60.01 feet to the northwest corner of said Larkspur Subdivision No. 1; Thence continuing South 89059'26" East, coincident with the north line of said Larkspur Subdivision No. 1, a distance of 180.68 feet to the POINT OF BEGINNING; Thence continuing South 89059'26" East, coincident with the north line of said Larkspur Subdivision No. 1, a distance of 20.00 feet; Thence South 0100'34" West, 32.00 feet; Thence North 89059'26" West, parallel with said north line of Larkspur Subdivision No. 1, a distance of 20.00 feet; Thence North 0000'34" East, 32.00 feet to the POINT OF BEGINNING The above described parcel contains 640 square feet more or less Together with and subject to covenants, easements and restrictions of record. PA2015\15044-CALDERWOOD BUSINESS PARK\Drawings\Descriptions\City of Meridian Water Easement.docx Page 11 13 18 E. OVERLAND RD, 24 19 EXHIBIT B a m N m r Q 3 x t� z w t - a 0 3 a 0 0 � o w �n I p a z N Y N 60.GI' E. CALDER WOOD DR. 180.68' POB 20.00' 89'59'26" E S 89'59'26" E S 89"59'26" E / w * 3 a a P LARKSPUR SUB N0. 1 o po op Z N 20.00' N 89'59'26" W 4W`'y`ONC E SNOS6 O a OF AP P QgRC POR�� NT5 PROJECT: OWNER/DEVELOPER;e'�2030 Dive k WATER EASEMENT GGR LLCEMMETT S. WASHINGTON AVE. ID 83617 15044-E CITY OF MERIDIAN PO Box 2576 EAGLE, IDAHO 83616 P: (208f 398-8104 F: 398-8105 PROJECT# (208) 15044 SHEET DATE r 4/15WWW. SAWTOOTHLS. COM 1 DE 1