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HomeMy WebLinkAboutWater Main Easement with Trust B of the Dobaran Family Revocable Trust 611 for Pine and LinderADA COUNTY RECORDER Christopher Q. Rich AMOUNT .00 ~, '<~ BOISE IDAH010112111 12:27 PM DEPUTY Bonnie Oberbillig III ('lull'IIIIIIIIIII~IIIII'lllll'll RECORDED-REQUEST OF Meridian City 11108611 WATER MAIN EA~~1VIEftT D ~- THIS INDENTURE made this ~~ da f y • r, 2111, bctwecn TRUST B OF THE DOBARAN FAMILY REVOCABLE TRUST, the party of the first part, and hereinafter called the Grantor, and the CITY OF MERIDIAN, Ada County, Idaho, the party of the second art, p and hereinafter called the Grantee. WITNESSETH: WHEREAS, the Grantor desires to provide a water main right-of-way across a portion of the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline 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 construction, operation, maintenance, re air and p replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, re air and p 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 [1NDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subse uent q connection to the water line, Grantee shall restore the area of the easement and adj acent property to that existent prior to undertaking such construction, 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 hereby covenants and agrees that it 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 erein. WATER MAIN EASEMENT - THE GRANTOR hereby 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 o f any 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 h ereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties have hereunto subscribed their signatures the day and year first hereinabove written. GRANTOR: TRUST B OF THE DOBARAN FAMILY REVOCABLE TRUST By Arvella Dobaran, Trustee Address: 6141 N. Gadwall Lane Garden C ity, Idaho 8 3 714 STATE OF IDAHO ) ss. County of Ada ) On this ~ of Se tember 2011 ' p ,before me, the undersigned, a Notary Public in and for said State, personally appeared ARVELLA DOBARAN, known or identified to me to be the Trustee of the TRUST B OF THE DOBARAN FAMILY REVOCABLE TRUST, the Trust that executed the within instrument, and acknowledged to me that such Trust executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~~~ ~ -~L ~~ ~.~~ ~~ ,~z~~.~ ~~, Notary Pu~l~c ~tat~ of Ida1~c:P v~ v'~- ~ ~~~ ~~ ~Z. C..,m, otary P i for Idaho nn . C~J eSldln t: ~ ~(n~±~1V ~~..V Comm1SS10n expires: ~~'v 1, 24 WATER MAIN EASEMENT - 2 ~~ ~~~ ~ra~tc ~~~~~T,~~ GRANTEE: CITY OF MERIDIAN 4~~~~D AUCLs~ 0~ ~,~ ~~ ~• c'~' °f Tammy de e d, Ma or E ID~AN~ y ~ tDA1io ¢~ ~~ ~ ~~rr ~y~ti o f ~e' r~~ "'`~~ Attest b cee L. Holman ' y ,City Clerk Approved by City Council On; STATE OF IDAHO ) ss. County Ada ) a~~~ On this ~ da of 2011 before m ' y c, the undcrsigncd, ~ Notary rublic in and for said State, personally appeared TAMMY DE WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the CITY OF MERIDIAN, IDAHO, and who executed the within instrument and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. rS r, JON~~j• ~~ . c~, ~,ARp ~, • i ~ ~ ~ `, • ^ ~",~ ~ ~ 1 ~ p ~', i ~ ~, ~, ~ J~,'~ ,' ~,,; ~~M~M*~ 5237568_1.DOCX r R ~1o ary Pu lic for ah R siding at: ~. ~ [Gt,~1 l Commission expires:. WATER MAIN EASEMENT - 3 POTABLE WATER EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO EASEMENT N0.3 An easement for potable water purposes located in the NE % of the SE % of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the northeasterly corner of .said NE % of the SE %, from which a brass cap monument marking the southeasterly corner of the SE of said Section 11 bears S 0°31'38" W a distance of 2646.02 feet; Thence S 0°31'38" W along the easterly boundary of said NE 1/ of the SE %4 a distance of 476.11 feet to a point; Thence leaving said easterly boundary N 89°28'22" W a distance of 57.00 feet to the POINT OF BEGINNING; Thence continuing N 89°28'22" W a distance of 14.00 feet to a point; Thence N 0°31'38" E a distance of 20.00 feet to a point; Thence S 89°28'22" E a distance of 14.00 feet to a point; Thence S 0°31'38" W a distance of 20.00 feet to the POINT OF BEGINNING. This parcel contains 280 square feet (0.006 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated July 14, 2011 .~ ,~a"' t 4 ~ ~ ~ 333 ti roS., R t~ ~~_ ~ '. ' ~ .~. ~. ~, ~. ao i 0 ~h ~~ h ° ~ v ~ ~° oZ w a ~W ~ w ~~ ~ w ~, ~m ~ w ~~ ~ w ~ ~ Zv Z ~~ ZZ ~ Z ~ h v "~ o~ 0 ~Y~ 0 0 O O N Q O 11 w J Q O ~ Q Q 0 L7~O1J .7/V/O NO ~ ~O N ~' ~ ^ ,'~'~ c ~ ~t ~ ;~ 0 l~~bllS ~I0100/8 nNnL ~ii~u~~~~ _ I ~.