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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 '" OW go� • V 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 S 89'5WW E �290.06 205.05� r N 45 00'20" E NOT TO SCALE t4 p 2&29• s 00020• W- S 4459'40•E� C 35.0w 2a.2W ` S 89'S9'40-E I25.00' ¢I I I i'I I'I III III I I'� W E ' "W � N 8959'40 B $ moo, N 89'S9'40'W I o 3 20.00' I z ,n o C4 N 10 to' 10' 1�-10' � -�I.-,0• �I I-A F N 89'S9'40'w-: ' N 89'S974W W 11 20.00' 5II 20.00' i�l N 4SW2W E 4249' N N 0.00'20' E I11 i4.22• I i N 89.09'12`W 565.23' 4�����GISTER� G�c�► — — — — o AVFM ar Mo s F ag—sn 7881 9 W tz, �I �1 I 1� 11 W�AMq.FI JFA10 --M1�` 11 15 14 — — — _ — — N 89W12'w 2858t8' 14 PAGE 1 OF 1 533—EXHIBITS_WATER—SEWER.D14 Page 71