Water Easement for Commercial Southwest SubADA COUNTY RECORDER Christopher D. Rich 2015-028398
BOISE IDAHO Pgs=6 BONNIE 04/08/201510:35 AM
MERIDIAN CITY NO FEE
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00084140201500283980060068
WATER MAIN EASEMENT
THIS INDENTURE, made this day of -Ap-j 205 between Brighton Investments LLC, an
Idaho limited liability company, the parties of the first part, and hereinafter called the GRANTORS,
and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the
GRANTEE;
WITNESSETH:
WHEREAS, the GRANTORS desire 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 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 GRANTORS,
and other good and valuable consideration, the GRANTORS do hereby give, grant and
convey unto the GRANTEE the right-of-way for an easement 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, repair, replacement and
subsequent connection 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 EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after making repairs, performing maintenance, replacements or subsequent connections
to the water mains, GRANTEE shall restore the area ofthe easement and adjacent property to
that existent prior to undertaking such procedures. 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.
Water Main Easement EASMT WAT 1 I-15-13.doc
THE GRANTORS hereby covenant and agree that they 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 herein.
THE GRANTORS hereby covenant and agree 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 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 GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and
possessed of the aforementioned and described tract of land, and that they have a good and
lawful right to convey said easement, and that they 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 of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR:
Brighton Investm is LLC, an Idaho limited liability company
By:
David W. Turnbull, Managing Member
12601 W. Explorer Dr Ste 200 Boise ID 83714
STATE OF IDAHO )
: ss.
County of Ada )
On this 1tay of March, 2015, before me, the undersigned, a Notary Public in and for
said State, personally appeared David W. Turnbull, known or identified to me to be the Managing
Member, of the limited liability company that executed the within instrument, and acknowledged to
me that such limited liability company executed the same.
IN WITNESS WHEREOF, I have hereunto
and year first above written.
and affixed my official seal the day
EASMT WAT 11-15-13.doc
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and affixed my official seal the day
EASMT WAT 11-15-13.doc
GRANTEE: CITY OF MERIDIAN
Tammy I eerct, Mayor
by Jbykee L. Holman, City Clerk
Approved By City Council On:
STATE OF IDAHO, )
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County of Ada )
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On this � Ah day
day of 1�\ -- 20 I- , before me, the undersigned, a Notary
Public 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.
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(SEA,) ; NOTARV PUBIL-ld FOR
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Commission Expires: �-.Yl
Water Main Easement EASMT WAT 11-15-13.doc
TEALEY'S LAND 12594 W. Explorer Drive, Suite 150 • Boise, Idaho 83713
SURVEYING (208) 385-0636
Fax (208) 385.0696
Project, No.: 3887 EXHIBIT "A"
Date: March 18, 2015
Rev: 3/23/15
DESCRIPTION
OF
CITY OF MERIDIAN WATER EASEMENT
FOR
BRIGHTON INVESTMENTS, LLC
EASEMENT "A"
A parcel of land situated in Lot 2, Block 2 of Commercial Southwest Subdivision
No. 2 as on file in Book 105 at Page 14310 in the Office of the Recorder for Ada County,
Idaho, said parcel being located in the SW 1/4 of the SW 1/4 of Section 25, TAN., RAW.,
B.M., Meridian, Ada County, Idaho and more particularly described as follows:
COMMENCING at the Southeast corner of Lot 1 of said Block 2; thence along the
East lines of said Lot 1 and said Lot 2
North 00°24'56" East 140.00 feet to a point; thence leaving said East line at right
angles
North 89°35'04" West 2.50 feet to an angle point in the Westerly line of the sanitary
sewer and water main easement filed under Inst. No. 113041514, said point being the
POINT OF BEGINNING; thence along said Westerly line
North 89035'04" West 30.00 feet to a point; thence leaving said Westerly line at
right angles
North 00°24'56: East 35.00 feet to a point; thence at right angles
South 89°35'04" East 30.00 feet to a point on said Westerly line of the sanitary
sewer and water main easement; thence along said Westerly line
South 00°24'56" West 35.00 feet to the POINT OF BEGINNING,
Said Parcel of Land Contains 1,050 Square Feet, more or less.
Together with:
EASEMENT "B"
A parcel of land situated in Lots 1 and 2, Block 2 of Commercial Southwest
Subdivision No. 2 as on file in Book 105 at Page 14310 in the Office of the Recorder for
Ada County, Idaho, said parcel being located in the SW 1/4 of the SW 1/4 of Section 25,
TAN., RAW., B.M., Meridian, Ada County, Idaho and more particularly described as
follows:
COMMENCING at the Southeast corner of said Lot 1; thence along the South line
of said Lot 1
North 89035'04" West 34.50 feet to a point in the Westerly line of the sanitary sewer
and water main easement filed under Inst. No. 113041514; thence along said Westerly
line
North 00°24'56" East 110.00 feet to a point; thence continuing
W:\3887\Docs\Easements\3887-Water-Ease-Desc.docx —
dnm Page 1 of 2
TEALEY'S LAND SURVEYING 12594 W. EXPLORER DR.,STE#150, BOISE, ID 83713'(208) 385-0636
Project No.: 3887 Page 2 of 2
Date: March 18, 2015
Rev: 3/23/15
North 89°35'04" West 23.00 feet to an angle point in said Westerly line, said point
being the POINT OF BEGINNING; thence leaving said Westerly line at right angles
South 00°24'56" West 14.00 feet to a point; thence at right angles
North 89035'04" West 14.00 feet to a point; thence at right angles
North 00024'56" East 29.00 feet to a point; thence at right angles
South 89°35'04" East 14.00 feet to a point on said Westerly line of the sanitary
sewer and water main easement; thence along said Westerly line
South 00°24'56" West 15.00 feet to the POINT OF BEGINNING,
Said Parcel of Land Contains 406 Square Feet, more or less.
F----1
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PROPOSED
PARCEL D
EXHIBIT "B"
CITY OF MERIDIAN WATER EASEMENTS FOR
BRIGHTON INVESTMENTS, LLC
SITUATED IN LOTS I AND 2, BLOCK 2, COMMERCIAL SOUTHWEST SUB. No. 2
A PORTION OF THE SW I/4 SW 1/4, SECTION 25,
TAN., R.IW., B.M.
MERIDIAN, ADA COUNTY, IDAHO
PROPOSED ADJUSTED PROPERTY LINE
WATER EASEMENT "B"
406 S.F.
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WATER EASEMENT "A" I
1,050 S.F.
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Z30.00.
o P.O.B.
EASE. "B"
0 Cm ma ` I N 89"35'04" W
0 j%' 2.50'
S 89°35'04" E L ---z
14.00' 1 ow ety� I N 89°35'04" W
30.00'
---LOT LINE ________1_i i
__ ___________ , m
N 00°24'56" E _--_S 00°24'56" W
15.00' �
29.00' NE CORNER
N 89°35'04" W to LOT 1, BLOC
23.00' 0
N N 89°35'04" W
14.00' P.O.B. I
EASE. "B'I
14.00' 1 o
S 00°24'56" W o
]� PROPOSED
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1-- PARCEL C I I I z I
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WATER MAIN EASE..
o INST. NO. 113041514 1
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LOT I, BLOC
34.50' i m
iow iow inw iow iow iow iow row low
N 89°35'04" W 257.04'
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0 20 40 80 1
SCALE IN FEET °
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3887—Water—Ease.dwg 03-23-15 17:21:48 dmarks REV: 3/23/15 Ease. B Far 1-1/2" Meler