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Home My WebLink AboutBurlingame Subdivision No. 1 Water Main Easement No. 1 (2020-022991) Project Name(Subdivisions ADA COUNTY RECORDER Phil McGrane 2020-022991 Burlingame Subdivision No. 1 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 02/26/2020 01:43 PM CITY OF MERIDIAN, IDAHO NO FEE Watee•Main Easement Number: 1 Identify this Easement by sequential number if Project contains more than one Water Main easement. (See Instructions for additional information). WATER MAIN EASEMENT THIS Easement Agreement is made this 25th day of February , 2020, by and between AMH Burlingame Development TRS LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS,the Grantor desires 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 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 Grantor, and other good and valuable consideration, the Grantor does 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 EXHIBITS A and B) 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, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after malting 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. THE GRANTOR covenants and agrees that Grantor 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 GRANTOR covenants and agrees 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 Water Main Easement Velrs on 01/01/2020 Meridian City Council Meeting Agenda February 25,2020— Page 110 0 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 GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns,heirs, personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: AMH BURLINGAME DEVELOPMENT TRS LLC Tyson Williams,Vice President,Construction STATE OF NEVADA ) ) ss County of Clark ) This record was acknowledged before me on�-Nj r% i�;2020, by Tyson Williams on behalf of AMH Burlingame Development TRS LLC, in the following representative capacity: Vice President, Construction. (stamp) My Commission Expires: f 2-3MARIAN DUMANCAS Notary Public-State of Nevada Appointment No. 19-2915-01 IAYApfointnwt Expires 08-18-2023 Water Main Easement Version 01/01/2020 Meridian City Council Meeting Agenda February 25,2020- Page 111 of 342 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor Attest by Chris Johnson, City Clerk STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 2-25 2020 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 03-28-2022 Sanitary Sewer Easement REV.01/01/2020 Meridian City Council Meeting Agenda February 25,2020— Page 106 of 342 EXHIBIT A Legal Description City of Meridian Water Easement Burlingame Subdivision An easement located in the NE % of the SE '/4 of Section 4, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at an Aluminum Cap monument marking the southwest corner of the SE '/4 (S '/a corner) of said Section 4, from which a 5/8 inch iron pin monument marking the southeast corner of said Section 4 bears S 89017'10" E a distance of 2649.98 feet; Thence S 89°17'10" E along the south boundary of said SE % a distance of 1324.99 feet to the southwest corner of the SE % of said SE %; Thence N 0°41'27" E along the westerly boundary of the E '/s of said SE '/4 a distance of 1474.44 feet to the southwesterly corner of Turnberry Subdivision No. 2, as shown in Book 81 of Plats on Pages 8835 and 8836, records of Ada County, Idaho; Thence leaving said westerly boundary and along the southerly boundary of said Turnberry Subdivision No. 2 S 89'19'39" E (formerly S 89'19'23" E) a distance of 619.36 feet to the POINT OF BEGINNING; Thence continuing along said boundary S 89019'39" E (formerly S 89019'23" E) a distance of 20.00 feet to a point; Thence leaving said boundary S 0037'45" W a distance of 52.43 feet to a point; Thence N 89022'15" W a distance of 20.00 feet to a point; Thence N 0°37'45" E a distance of 52.44 feet to the POINT OF BEGINNING. This parcel contains 1,049 square feet (0.02 acres) more or less. NL LAND S G\ F Clinton W. Hansen, PLS Land Solutions, PC January 29, 2020 0_ o 1 8 0 = 0 mot 2q of �ToN W NAB Land! tolu't;iions City of Meridian Water Easement land Surveying and Consulting Burlingame Subdivision Job No.19-20 Page 1 of 1 Meridian City Council Meeting Agenda February 25,2020— Page 113 of 342 EXHIBIT B CITY OF MERIDIAN WATER EASEMENT BURLINGAME SUBDIVISION LOCATED IN THE NE 1/4 OF THE SE 1/4 OF SECTION 4, T.3N., R.1 W., B.M.,ADA COUNTY, IDAHO I � 2 I W Y SUED• Ni' Z .NRNgERR POINT OF BEGINNING I S89'19'WE _ I--1 �P:20.00' S8919'39"E 619.36' NO.37'45"E� �SO'37'45"W 52.44 1 52.43' PROPOSED EASEMENT�� J �N89.22'15'W 1,049 SF / 0.02 ACRES 20.00' I � I PHASE gURI-INGAME SUgD• I I �U�RE I IW N z LLA/yps 5� S T£ ,p a 11118 om (ol ELT pN W NPR I SUED. NO. 1 PROPOSED BURLIN�AME � J 0 50 100 200 1�4 4 SW CORNER / � J t140 f Is 1324.99' SE 1/4 SE 1/4 WEST CHERRY LANE 4 3 Land Surveying and Consulting 9 S89.17'10"E 2649.98' 9 10 MERIDIAN,ID 83642 BASIS OF BEARING (208)288-2040 (208)288-2557fax www.landsolutions.blz JOB NO.19-20 Meridian City Council Meeting Agenda February 25,2020— Page 114 of 342