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Home My WebLink AboutWater Main Easment with Bayside Idaho for Capital IdahoADA COUNTY RECORDER Christopher D. Rich 2015-102162 BOISE IDAHO Pgs=6 DAWN TRIVOLIS 11/05/2015 02:08 PM MERIDIAN CITY NO FEE II I�I'�'II��IIII'lll'lll I 00162907201601021620060064 WATER MAIN EASEMENT Nal& 4. THIS INDENTURE, made this day of 2015 between BAYSIDE IDAHO LLC, a Nevada limited liability company, 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 of the 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: By: John B. Schubin, President 3527 S. Federal Way, Ste 103 - #236, Boise, ID 83705 STATE OF IDAHO ) . ss. County of Ada ) On this day of August, 2015, before me, the undersigned, a Notary Public in and for said State, personally appeared John B. Schubin , known or identified to me to be the President, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. FA-- JF INIFER . BLURTON SEA �tOTARY PUBLIC STATE OF IDAHO Water Main Easement EASMT WAT 11-15-13.doc GRANTEE: CITY OF MERIDIAN r. Tammy` de eerd, Mayor by J�ayiee L. Holman, City Clerk Approved By City Council On: STATE OF IDAHO, ) : ss O _q P`Ga AUG lU lyu' —14 ti , City of � TA Jk BDA)40 SF,t L ti P 1hi'it+CAs��-. County of Ada ) (J A On this day of \� , 20, 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. NOTARY Residing at: Commission Expires: o Water Main Easement EASMT WAT 11-15-13.doc DESCRIPTION OF CITY OF MERIDIAN WATER EASEMENT FOR CAPITAL IDAHO, LLC EASEMENT "A" A parcel of land situated in Lot 5, Block 1 of Bayside Taylor Commerce Park Subdivision as on file in Book 103 of Plats at Page 13855 in the Office of the Recorder for Ada County, Idaho, said parcel being located in the SW 1/4 of Section 12, T.3N., RAW., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at the Northwest corner of said Lot 5; thence along the North line of said Lot 5 South 90°00'00" East 126.49 feet to a point; thence leaving said North line at right angles South 00000'00" West 4.43 feet to a point on the Southerly line of the City of Meridian Water and Sanitary Sewer Easement recorded under Instrument No. 110120567 in the Office of the Recorder for Ada County which point is the POINT OF BEGINNING; thence along said Southerly line South 00°00'00" West 10.50 feet to a point; thence leaving said Southerly line North 90°00'00" West 15.00 feet to a point; thence North 00°00'00" East 10.50 feet to a point on said Southerly line; thence along said Southerly line South 90°00'00" East 15.00 feet to the POINT OF BEGINNING, Said Parcel of Land Contains 158 Square Feet, more or less. Together with: EASEMENT "B" A parcel of land situated in Lot 11, Block 1 of Bayside Taylor Commerce Park Subdivision as on file in Book 103 of Plats at Page 13855 in the Office of the Recorder for Ada County, Idaho, said parcel being located in the SW 1/4 of Section 12, T.3N., RAW., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at the Southwest corner of said Lot 11; thence along the South line of said Lot 11 South 90°00'00" East 33.20 feet to a point; thence leaving said South line at right angles North 00000'00" East 10.07 feet to a point on the North line of the City of Meridian Water and Sanitary Sewer Easement recorded under Instrument No. 110120567 in the Office of the Recorder for Ada County which point is the POINT OF BEGINNING; thence North 00000'00" East 16.00 feet to a point; thence South 90000'00" East 20.00 feet to a point; thence 3939-Water-Ease-Dese.doex dnm Page 1 of 2 TEAL EY' S LAND SURVEYING 12594 W. EXPLORER DR., STE #150, BOISE, ID 83713* (208) 385-0636 Project No.: 3939 Date: August 21, 2015 Page 2 of 2 South 00°00'00" West 16.00 feet to a point on said North line; thence along said North line North 90000'00" West 20.00 feet to the POINT OF BEGINNING, Said Parcel of Land Contains 320 Square Feet, more or less. Together with: EASEMENT "C" A parcel of land situated in Lot 6, Block 1 of Bayside Taylor Commerce Park Subdivision as on file in Book 103 of Plats at Page 13855 in the Office of the Recorder for Ada County, Idaho, said parcel being located in the SW 114 of Section 12, T.3N., RAW., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at the Northeast corner of said Lot 6; thence along the East line of said Lot 6 South 00°00'00" West 72.93 feet to a point; thence leaving said East line at right angles North 90000'00" West 6.00 feet to a point on the Westerly line of the City of Meridian Water and Sanitary Sewer Easement recorded under Instrument No. 110120567 in the Office of the Recorder for Ada County which point is the POINT OF BEGINNING; thence along said Westerly line North 90°00'00" West 17.00 feet to a point; thence leaving said Westerly line North 00000'00" East 20.00 feet to a point; thence South 90000'00" East 17.00 feet to a point on said Westerly line; thence along said Westerly line South 00000'00" West 20.00 feet to the POINT OF BEGINNING, Said Parcel of Land Contains 340 Square Feet, more or less. EHIBIT "B" N. 0 20 40 80 CITY OF MERID ANN WATER EASEMENTS SCALE IN FEET i FOR CAPITAL IDAHO, LLC I" = 40' SITUATED IN LOTS 5, 6 AND II, BLOCK I, �(J 1 BAYSIDE TAYLOR COM AERCE PARK SUB. LOT 7 I A PORTION OF THE SW 1/4, SECTION 12, NE CORNER I T.3N., R.IW., B.M. LOT 6, BLOCK l 1 I MERIDIAN, ADA COUNTY, IDAHO I I I o I I LOT 10 nmI I o a: m I s 90 °00'00° E o f i AL LAN 17.00' �I i IS N 00 °00'00" E'-— `��= S o0 °00'00" w o 20.00' 20.00' 563q, I WATER EASEMENT "C" - - —f- - - - - — 340 S.E. a I d OF 17.00 N. N 90000'0OLW I i M P.O.B. I 6,00', EASE. "C" I N 90°00'00" W I II II I II I LOT 6 I a I EXIST. MERIDIAN WATER 1 I 1 & SEWER EASEMENT, iFF===i INST No. 110120567 LOT II �I I I { � I I I I 1 I WATER EASEMENT "B" 320 S.E. N 90°00'00' E I 20.00' NW CORNER I LOT 5, BLOCK I 1 N 00°00'00" E S 00 00 00' W i ___-------s 90°00'00, E -J N 00°00'00" E 15.00' 10.07' _===LL -N 90°00'00" W -- S 90°00'00" E 153.99' � - - 20.00r--------- aw -ar---ow—aw a -aw ,. "w 126_49' _ - - %50' 33-0- - _ _ _ 150.21 _ " -- p- s 00°00'00" w N 90°00'00" E 136.00' I- - - ---`N 00°00'00" E t- "__- 4.43, P.O.B. 3. a I.....__... ---.P.4.B7 10.50,- EASE. "A" 10.50' � 15.00' S 00°00'00" W I 1 N 90 °00'00" W EXIST. MERIDIAN WATER WATER EASEMENT "A" EP & SEWER EASEMENT, 158 S.F. INST No. 110120567 LOT 5 LOT 4 SW CORNER LOT 5, BLOCK I EP EP EP EP EP EP 3939 -Ease- Water. dwg 08-21-15 10:39:46 dmarks