HomeMy WebLinkAboutSummertown Subdivsion Water Main Easement No. 1 ESMT-2024-0069 (2024-028545) Project Name or Subdivision Name: ADA COUNTY RECORDER Trent Tripple 2024-028545
SUMMERTOWN SUBDIVISION BOISE IDAHO Pgs=5 MATT BUNK 05/29/2024 08:17 AM
CITY OF MERIDIAN, IDAHO NO FEE
Water Main Easement Number: 1
Identify this Easement by sequential number if the project contains more than one
easement of this type.See instructions/checklist for additional information.
For Internal Use Only
R ESMT-2024-0069
Record Number:
WATER MAIN EASEMENT
THIS Easement Agreement made this 28th day of May 20 24 between
SUMMERTOWN LLC ("Grantor")and the City ofMeridian,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, its
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 ofthis easement.
THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any
permanent structures or obstructions within the easement area that would interfere with
Grantee's use of said easement, including,but not limited to,buildings,trash enclosures, carports,
sheds,fences,trees, or deep-rooted shrubs.
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 Page 1 Version 01/01/2024
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: SUMMERTOWN LLC
r
STATE OF IDAHO }
) ss
County of Ada }
This record was acknowledged before me on Db o4 (date)by &&n ..Vb6n�'__
(name of individual), [complete the fallowing l signing in a representative capacity, or strike
the following if signing in an individual capacity] on behalf of _ knntx+ +�- owv� l-L-C-
(name of entity on behalf of whom record was executed), in the following representative
capacity: (type of authority such as officer or trustee)
Notary Stamp Below
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gOT �.�' otary Signature
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Water Main Easement Page 2 Version 0lb 1/2024
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 5-28-2024
Attest by Chris Johnson, City Clerk 5-28-2024
STATE OF IDAHO, )
. ss.
County of Ada )
This record was acknowledged before me on 5-28-2024 (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk, respectively.
Notary Stamp Below
Notary Signature
My Commission Expires: 3-28-2028
Water Main Easement Page 3 Version 01/01/2024
DESCRIPTION FOR
SUMMERTOWN SUBDIVISION
CITY OF MERIDIAN WATER LINE EASEMENT
A portion of Government Lot 2 of Section 1, T.3N., RAW., Boise Meridian, City of
Meridian, County of Ada, State of Idaho, being more particularly described as follows:
Commencing at the N1/4 corner of said Section 1 from which the NE corner of said
Section 1 bears South 89046'48" East, 2662.22 feet;
thence South 81°44'47" East, 345.59 feet to a point on the South right-of-way line of W.
Ustick Road, said point being the REAL POINT OF BEGINNING;
thence along said South right-of-way line South 89046'48" East, 20.00 feet;
thence leaving said South right-of-way line South 00013'12" West, 17.00 feet;
thence North 89046'48" West, 20.00 feet;
thence North 00013'12" East, 17.00 feet to the REAL POINT OF BEGINNING.
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