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HomeMy WebLinkAboutVicenza Commons Subdivision No.3 Water Main Easement #2ADA COUNTY RECORDER Christopher D. Rich 2017-102204 BOISE IDAHO Pgs=5 LISA BATT 10/25/2017 04:23 PM CITY OF MERIDIAN, IDAHO NO FEE WATER MAIN EASEMENT THIS INDENTURE, made this day ofl&, 2017 between COAOWW&CeloPiit �, the parties of the first part, and hereinafter called the GRANTORS, and the City ofMei d 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 malting 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 REV. 08/15/16.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 fluther 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; } Manager 398 E. Copper Ridge St: Meridian, ID 8364 STATE OF IDAHO ) . ss. County of Ada ) On this// of r , 20%1, before me, the undersigned, a notary public in and for said state personally appeared 4�z2lw /, r" �/;� known or identified to me to be the Z%?�- e� !!" of the Limited Liability Company that executed the instrument or the person who executdd the instrument on behalf of said Limited Liability Company and acknowledged to me that such Limited Liability Company executed the same. In witness whereof, I have hereunto set my hand and seal the day and year in this certificate first above written. 0's too l oolp", 00 .•° -�AOTAR'j, `® p 10. as 600 so gas Water Main Easement '•,g OF s D -4"10��-. NOTARY PUBLIC FO, IDAHO Residing at: Commission Expires: re AJ,��;�� REV. 08/15/16.doc GRANTEE).:CITY OF ME DIAN �v we, i ptes del Att4by C-RY Coles, City Clerk Approved By City Council On; STATE OF IDAHO, ('i1y of IDIAN~ IDAHO Y ss County of Ada ) '11A 14, On this day of , 20 k efore me, the undersigned, a Notary Public in and for aid�St tt p p ��111!1e geared and C,Jay Coles, lrnown to me tobe the4 °r ,and.Ci y Ior cI spectively, of 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 hared and affixed my official seal the day and year first above written. L f /-?,I' A NOTARY PUBLIC FOR IDAHO Residing at. Commission Expires; //' M 11 REV, 08/ 5/16:doc Wate1• Main $.osemen.t PARCEL DESCRIPTION Date: November 11, 2016 PERMANENT EASEMENT A parcel of land being a portion of the SE1/4 of Section 27, Township 4 North, Range 1 West, Boise Meridian, City of Meridian,Ada County, Idaho,more particularly described as follows: COMMENCING at the C 1/4 corner of said Section 27, monumented by a chiseled `X' (Corner Record No. 99113299), from which the El/4 corner of said Section 27,monumented by a 1.5" aluminum cap (Corner Record No. 112026997),bears South 89°21'10" East, a distance of 2651.00 feet; Thence South 62°32'05 East, distance of 677.53 feet to the POINT OF BEGINNING; Thence South 89°20'38" East, a distance of 122.86 feet; Thence South 00°39'22" West, a distance of 20.00 feet; Thence North 89 20 38 West, a distance of 122.85 feet; , Thence North 00°37'57"East, a distance of 20.00 feet to the POINT OF BEGINNING. The above described parcel contains 2,457 square feet or 0.056 acres, more or less. Together with and subject to covenants, easements, and restrictions of record. S�dNNL LAN© Kevin M. Borah P.L.S. ® License No. 10561 End of Description 11 J 1112 96 too SKETCH FOR LEGAL EXHIBIT PERMANENT EASEMENT A PARCEL OF LAND BEING A BEING A PORTION OF THE SE114 OF SECTION 27, T. 4 N., R. 1 W., BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2016 POINT OF CO11 WENCEiVIENT C114 CORNER E114 CORNER SECTION 27 S89'21'10"E 2651.00' / SECTION 27 5623205 F 6 >>s3, POINT OF BEGBVNjWG S89'20'38"E 122.86' S0'39'22"W t0.056 Ac. 20.00' NO'37'57"E 2,457 s.f. 20.00' N89'20'38"W 122.85' PROPOSED VICENZA SUBDIVISION NO. 3 �p L LAND G\S T t' F6 �L 1 l � � *1 � � N 10561 s n1i��zoibo - - WHP�fc,ifimc"b- TgTe OF \�P� NOT TO SCALE 2141 W Airport Way,Ste 104 �F p� Boise,ID 63705 ��/�/ M. 8OX- 208-342-5400 Fax 208-342-5353 wvnv.whpacific.com