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HomeMy WebLinkAboutWater Main EasementWATER MAIN EASEMENT THIS INDENTURE, made this _ day of , 2013, between Bling 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 is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines 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 for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBIT A) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities; together with their maintenance, repair and replacement 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, its successors and assigns forever.. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. 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. Gramercy Pride Apartments Water Main Easement 1 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: BLING LLC Russell Dllunemiller, Manager STATE OF IDAHO ) ss County of Ada On this 54"` day of , 2013, before me, the undersigned, a Notary Public in and for said State, pers ally appeared Russell D. Hunemiller, known or identified to me to be a Manager of Bling LLC, the Limited Liability Company that executed the within instrument, and acknowledged to me that such Limited Liability Company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist abgve written. p'P Apj (SEAL) AriBL,OF I'D A Gramercy Pride Apartments Water Main Easement 2 N TARY PUBLIC FOR IDAHO Residing at: �;O \ Se� , -1--Q Commission Expires: � i (e � (—�0 GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by Jaycee L. Holman, City Clerk Approved By City Council On: STATE OF IDAHO ) ss. County of Ada On this day of , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, 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. (SEAL) Gramercy Pride Apartments Water Main Easement 3 NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: August 6, 2013 DESCRIPTION FOR OFF-SITE MERIDIAN CITY WATER EASEMENT GRAMERCY SUBDIVISION No. 1— LOT 9 Easements located in the West % of the Northeast''/4 of Section 20, T. 3 N., R 1 E., B.M., City of Meridian, Ada County, Idaho, being more particularly described as follows: EASEMENT `A' — WATER EASEMENT Commencing at the Center'/4 corner of said Section 20, from which the N'/4 corner of said Section 20 bears North 00°24'04" East, 2600.54 feet; thence North 9°37'28" East, 1089.03 feet to the POINT OF BEGINNING; Thence North 00°24'04" East, 24.80 feet; Thence South 89°35'56" East, 22.93 feet; Thence South 00°24'04" West, 24.80 feet; Thence North 89°35'56" West, 22.93 feet to the POINT OF BEGINNING. Containing 569 SF, more or less. EASEMENT `B' — WATER EASEMENT Commencing at the Center''/4 corner of said Section 20, from which the N `/4 corner of said Section 20 bears North 00°24'04" East, 2600.54 feet; thence North 9°57'41" East, 915.78 feet to the POINT OF BEGINNING; Thence North 00°24'04" East, 67.67 feet; Thence South 89°35'56" East, 37.91 feet to a point on the easterly boundary of Lot 9 of Block 3 of Gramercy Subdivision No. 1 as shown in Book 99 of Plats on Page 12620, records of Ada County, Idaho; Thence South 00°24'04" West along said easterly boundary, 17.51 feet; Thence leaving said easterly boundary North 89°35'56" West, 17.00 feet; Thence South 00°24'04" West, 50.16 feet; Thence North 89°35'56" West, 20.91 feet to the POINT OF BEGINNING. Containing 1,713 SF, more or less. 121006 -Water-E ase. docx 17 OVERLAND ROAD 20 CPF No. 103135427 S OM'561 22&OW WXWE zzas i a $� x\ o i POINT OF BEGINNING EASEMENT W WATER EASEMENT // r xerassew I azar I I rraz u,�uw / 4A£Ad MRRJ �LL41CN( LOT 9 BLOCK 3 GRAMERCY SUBDIVISION No. 1 L_ — � � e mN �� 0y 599'JS'S6'E � / +I / I xe17V — n.0n• A I � POINT OF BEGINNING �� d EASEMENT 'B' WATER '•"MV EASEMENT 20.91 N �1500' — — C 1/4 �PF No. 107117914 ENGINEERING MERIDIAN CITY WATER EASEMENTS SCALE 1 "=40' DWG.DATE 08/22/13 SOLUTIONS Gramercy Subdivision No. 1 - Lot 9 PROD. N0. 121006 SHEET 1029 N. ROSARIO ST., STE. 100 MERIDIAN, IDAHO 93642 Phone (208) 938-0980 Fox (208) 938-8941 _ LOCATED IN THE W 1/2 OF THE NE 1/4 OF SECTION 20, T.3N., RAE., B.M. MERIDIAN, ADA COUNTY, IDAHO _. _ 1 OF 1 121006 Water—Ease.dwq ke