HomeMy WebLinkAboutAmeriben Phase II Water Main Easement (2020-162600) ADA COUNTY RECORDER Phil McGrane 2020-162600
BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 11/25/2020 12:12 PM
CITY OF MERIDIAN, IDAHO NO FEE
Protect Name(Subdivision):
Ameriben Phase II
Water Main Easement Number:
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, made this 24th day of November 20 20 between BVASB Ten Mile phase 2 Building.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 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.
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 Version 01/01/2020
Item#1.
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.
[END OF TEXT; SIGNATURES TO FOLLOW]
Water Main Easement Version 01/01/2020 page 5
Item #1.
BVASB Ten Mile Phase 2 Building; LLC,
an Idaho limited liability company
by its Executive Managers
Briglton Corporation, an Idaho corporation
By :
Robert L . Phillips , President
STATE OF IDAHO )
n ( ) SS .
County of
On this IDday of N Q V'� i / , 2020, before me, the undersigned a Notary
Public in and for said State , appeared Robert ' L . Phillips , known or identified to me to be the
President of Brighton Corporation, the corporation that is an Executive Manager of BVASB
Ten Mile Phase 2 Building, LLC , the limited liability company that executed the within
instrument or the person who executed 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 affixed my official seal
the day and year in this certificate first above written .
I
AMANDA MCCURRY
COMMISSION #M28
NOTARY PUBLIC
STATE OF IDAHO No ary Public for Idaho
My COMMISSION WIRM 04MB12M Re
My commission expires
Water Main Easement Version 01 /01 /2020 page ?
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 11-24-2020 (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: 3-28-2022
Water Main Easement Version 01/01/2020 page 8
Item#1.
2776 W.Navigator Drive,Su Ito 210 Idaho Office
Meridian,Idaho 83642 H V RRO C K Tel: 208,895.2520
co
www.horrocks. m
E N G I N E E R S
Date: August 14,2020
Project: ID-153 8-1901
Page: 1 of 1
EXHIBIT A
Ameriben Phase II, Water Easement
This easement is situated in a portion of Parcel A of Record of Survey No. 11878,records of Ada
County and is located within the S.W. %of Section 14,Township 3 North,Range 1 West of the
Boise Meridian, City of Meridian,Ada County, Idaho,more particularly described as follows:
COMMENCING at the southwest corner of said Parcel A;thence along the west boundary of
said Parcel A,
1) N.0004826"E., 30.99 feet to the POINT OF BEGINNING;thence continuing along
said west boundary,
2) N.00°4826"B., 15.58 feet; thence leaving said west boundary,
3) S.89°00'41IT , 15.78 feet;thence,
4) S.00°59'19"W., 15.52 feet to the north boundary of a waterline easement as described in
Instrument#2018-017726 and 2018-021997,records of Ada County, thence along said
easement,
5) N.89014'30"W., 12.17 feet;thence leaving said easement and continuing,
6) N.89°14'30"W., 3.55 feet to the POINT OF BEGINNING.
L D
0
roir
HAD 1538-1901 TM Ameriben East/Project Data/04 Survey/Descriptions/Water Easement Acquisition 081420
Page 9
Item#1.
EXHIBIT B
Ameriben Phase II, Water Easement ,� �`t,
441 '
7 0 IN-IT
��G�1� NOT TO SCALE
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rn
0 PP o�gJ
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Z
FOUND 8/8 REBAR
S89000'41"E Q CALCULATED POINT
15,78'
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P.O.B. I �.
3.55
12,17'
——————— ., ----A—
N89°14'30"VV
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N
WATERLINE EASEMENT
co INST#2018-017726&
r� o 2018-021997
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P.O.C.
SOVMWESTCORNER
PARCELA O
W. EXCURSION LN.
�—=-_•a�.�� DRAWING INFO
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