HomeMy WebLinkAboutChewie Subdivision Water Main Easement No. 6 ESMT-2021-0132 (2021-173035) ADA COUNTY RECORDER Phil McGrane 2021-173035
BOISE IDAHO Pgs=6 CHE FOWLER 12/08/2021 10:13 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2021-0132
Chewie Subdivision
Water Main Easement No. 6
WATER MAIN EASEMENT
THIS Easement Agreement, made this 7th day of _Pecembqr20 21 between Adler AB Owner XI LLG
("Grantor"), and the City of Meridian,an Idaho Municipal Corporation("Grantee');
WHEREAS,the Grantor desires to provide a water main right-of-way across ereremises 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 to the
Grantee the right-of-way for an casement 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 E)WRESSLY 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 or 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, forte 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
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:
WL
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on 1 (date) by M i Kc Ad(.,,—
(name of individual), [complete the following if signing in a representative capacity, or strike
the following if signing in an individual capacity] on behalf of Ad ler A8 0w.-,,91 LL-c-
(name of entity on behalf of whom record was executed), in the following representative
capacity: Prr.s'id-e-fi (type of authority such as officer or trustee)
(stamp) h1l""VC
Notary Signature
°+4`� A•PA�i' ':, My Commission Expires: `t It a 0j,
to
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c,P�OTA tt ys�
.0 PUBLIC,49
0-1 04100.-A
�''•.! OF
Water Main Easement Version 01/01/2020
GRANTEE: CITY OF MERIDIAN
Robert E. Simison,Mayor 12-7-2021
Attest by Chris Johnson,City Clerk 12-7-2021
STATE OF IDAHO, )
ss.
County of Ada )
This record was acknowledged before me on 12-7-2021 (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
Notary for Idaho
Residing in Meridian, Idaho
Water Main Easement Version 01/01/2020 page 68
Item#4.
E)MBIT A
WATER LINE EASEMENT
SITUATED IN THE SW'/.OF SECTION 11,T.3 N.,R. 1 W.,B.M.,
CITY OF MERIDIAN,ADA COUNTY,IDAHO
A 20 foot wide easement situated in the Southwest'/4 of Section 11,Township 3 North,Range 1 West,
Boise Meridian,City of Meridian,Idaho,being 10 feet each side of the following described centerline:
Commencing at the south'/4 comer of said Section 11,from which the southwest corner of said Section 1 I
bears North 89109'12"West 2658.18 feet;
thence North 56°26'39"West 885.11 feet to the POINT OF BEGINNING;
thence North 0°00'20"East 74.22 feet;
thence North 45 000'20"East 42.49 feet;
thence North 0°00'20"East 165.51 feet to Point A of this description;
thence continuing North 0°00'20"East 247.73 feet to Point B of this description;
thence continuing North 0'00'20"East 313AO feet to Point C of this description;
thence continuing North 0°00'20"East 53.08 feet;
thence North 45"00'20"East 28.29 feet;
thence South 89°59'40"East 290.06 feet to Point D of this description;
thence continuing South 89°59'40"East 205.05 feet;
thence South 44059'40"East 2829 feet;
thence South 0°00'20"West 314.51 feet to Point E of this description;
thence continuing South 0100'20"West 301.45 feet to Point F of this description;
thence continuing South 0°00'20"West 276.33 feet to the POINT OF TERMINUS.
AND ALSO:
BEGINNING at Point A of this description;
thence North 89°59'40"West 20.00 feet to the POINT OF TERMINUS.
AND ALSO:
BEGINNING at Point B of this description;
thence North 89059'40"West 20.00 feet to the POINT OF TERMINUS.
533-02.doc Pagel of2
Page 69
Item#4.
AND ALSO:
BEGINNING at Point C of this description;
thence South 89°59'40"East 25.00 feet to the POINT OF TERMINUS.
AND ALSO:
BEGINNING at Point D of this description;
thence South 0°00'20"West 35.00 feet to the POINT OF TERMINUS.
AND ALSO:
BEGINNING at Point E of this description;
thence North 89°59'40"West 22.00 feet to the POINT OF TERMINUS.
AND ALSO:
BEGINNING at Point F of this description;
thence North 89°59'40"West 20.00 feet to the POINT OF TERMINUS.
N 03r�
78
533-02.doc Page 2 of
Page 70
Item 1i4. E HIBIT B
PLAT TO A CCOMPANY LEGAL DESCRIPTION
N FOR WATERLINE EASEMENT
SITUATED IN THE SW 1/4 OF SECTION 11
T3N R1 W BM
MERIDIAN CITY, ADA COUNTY, IDAHO
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PAGE 1 OF 1 533—EXHIBITS_WATER—SEWER.D14
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