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
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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