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HomeMy WebLinkAboutWindrow Subdivision No. 1 Water Main Easement No. 1 ESMT-2024-0166 (2025-001030) ADA COUNTY RECORDER Trent Tripple 2025-001030 Project Name or Subdivision Name: BOISE IDAHO Pgs=5 VICTORIA BAILEY 01/08/2025 08:05 AM CITY OF MERIDIAN, IDAHO NO FEE Windrow Subdivision No. 1 Water Main Easement Number: 1 Identify this Easement by sequentiai number if the project contains more than One easement of this type,See instruclionslchecklist for additional Information. For Internal Use Only ESMT-2024-0166 Record Number; WATER MAIN EASEMENT THIS Easement Agreement made this 7th day of January 20 24 between C4 Land 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 therein 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 f 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 thereofagainst 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: �pa STATE OF IDAHO ) ) ss County ofAda ) This record was acknowledged before me on /l- (date)by (name of individual), [complete the following l signing in a represe tiv capacity, o trike the following if signing in an individual capacity] on behalf of (name of entity on behalf of whom record was executed), in the following representative capacity: 1 iNAJ6 1%--. (type of authority such as officer or trustee) Notary Stamp Below �,,..•�.•.., Notary Signature ,p�•' 1�3 LA �;ty My Commission Expires: `40TARy� zc�AUgI„1C+"'_ Water Main Easement Page 2 Version 01/01/2024 r GRANTEE; CITY OF MERIDIAN Robert E. Simi on, a ar 1-7-2025 cat"� AN � SF,AL Attest by CtWis John so' "'ity Clerk 1-7-2025 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 1-7-2025 (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 Na&ycW" CHARLENE WAY Notary Signature COMMISSION No. 67390 My Commission Expires. 3-28-2028 NOTARY PUBLIC STATE OF IDAHO EE{[ Water Main Easement Page 3 Version 01/01/2024 AIL ---5awtooth Land 5urvcying, LLC JEXHIBIT A P: (206) 398-8104 f: (208) 398-8105 2030 5. Washington Ave., Emmett, ID 83G 17 City of Meridian Water Main Legal Description BASIS OF BEARINGS is N. 0031'28" E. between a found brass cap LS 737, marking the southwest corner of Section 25 and a found aluminum cap PLS 13934 marking the 1/4 corner common to Sections 25 and 26,T. 3 N., R. 1 W., B.M., Ada County, Idaho. An easement located in the S1/2 of the SW 1/4 of Section 25, Township 3 North, Range 1 West, Boise Meridian, City of Kuna, Ada County, Idaho, more particularly described as follows: COMMENCING at a brass cap marking the southwest corner of said Section 25; Thence S. 89032'33" E., coincident with the south line of said SW1/4, a distance of 300.06 feet to a 5/8"rebar/cap PLS $617; Thence N. 0°31'14"E., 50.00 feet to the POINT OF BEGINNING; Thence continuing, N. 0031'14" E., 23.00 feet; Thence S. 89032'33"E., parallel with said south line, 40.00 feet; Thence S. 002727"W., 23.00 feet; Thence N. 8903233"W., parallel with said south line, 40.03 feet to the POINT OF BEGINNING. Said easement contains 0.021 more or less. I m 11571 I I PA202311 EMT1123048-WINDROW SUB-CONGERISurvey\Drawings\Legal Descriptions\City of Meridian Water Main Ease.docx I I is F EXHIBIT BBASIS OF BEARING - bt N S. LINDER RD N 0003126"E 2652.48' � �, I.y cn I ( M ! { 1 f I IlEI , I 3 � I c p w N 0003I1I4"F 73 00' J b G, o _.. -��� ..� .. o h 50.00'A 23.001 v l Z3 _ o I � S 0002727"W V 23.00' ! M r � C)� rn p %Z: 0