Water Main Easement for Heritage Grove No 2ADA COUNTY RECORDER Christopher D. Rich 2015.063653
BOISE IDAHO Pgs=5 NIKOLA OLSON 07(1512015 01:18 PM
'- MERIDIAN CITY NO FEE�
0012186822011500006366300500567
WATER MAIN EASEMENT
THIS INDENTURE, made thisLLL day Wf ,A ,, 20`S between Green Village Development, Inc. .
the patties 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 of the 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.
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.
Water Main Easement— Heritage Grove No. 2 EASMT WAT 11-15-13.doc
THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of
the right-of-way and casement 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 apart 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:
Green Village D elop ent, Inc.
Tucker M. Jo on, President
372 S. Eagle d., Ste. 328
Eagle, ID 83616
STATE OF IDAHO )
ss
County of Ada )
On this day of � U A e 2015, before me, the undersigned, a Notary
Public in and for said State, personally appeared Tucker M. Johnson, known or identified to
me to be the President of the corporation that executed the within instrument, and
acknowledged to me that such corporation 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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(SEAL) °►` NOTARY PUBL C FOR IDAHO
No?,a Residing at: t CA
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Water Main Easement — Heritage Grove No. 2 EASMT WAT 11-15-13.doc
GRANTEE: CITY OF MERIDIAN
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Tammy d er Mayorcltyof
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Attest by aycee L. Holmfa Cly Clerk ^°o,
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Approved By City Council On:
STATE OF IDAHO, )
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County of Ada )
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On this � day of �'j 20 � , before me, the undersigned, allotary
Public in and for said State, personally appeared Tammy de Weerd and T , r u 1 jacy Dov es
known to me to be the Mayor and City Cleric, 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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(SEAL) : " T10T `.� ++ NOTARY PUB v IDAHO
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Residing at:
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Water Main Easement—Heritage Grove No. 2 EASMT WAT 11-15-11doc
EXHIBIT A
WATERLINE EASEMENT DESCRIPTION
FOR
GREEN VILLAGE DEVELOPMENT INC.
An easement located in the SE'/4 of the SE Y4 of Section 31, Township 4 North, Range 1 East,
Boise Meridian, Ada County; Idaho, more particularly described as follows:
Commencing at a brass cap monument marking the southeasterly corner of said SE '/ of the
SE '/4, from which a 5/8 inch diameter iron pin marking the southwesterly corner of said
SE'/4 of the SE `/4 bears N 89°47'05" W a distance of 1324.60 feet;
Thence N 89°47'06" W along the southerly boundary of said SE '/4 of the SE Y4 a distance of
662.30 feet to,a point;
Thence leaving said southerly boundary N 0°34'10" E a distance of 48.00 feet to the POINT
I
OF BEGINNING;
Thence continuing N 0'34'10" E a distance of 134.89 feet to a point;
Thence N 45°13'07" E a distance of 21.07 feet to a point;
Thence S 0°31'11" W a distance of 19:86 feet to a point;
Thence S 89'46'17" E a distance of 5.18 feet to a point;
Thence S 0°11'28" W a distance of 129.92 feet to a point on the northerly right-of-way of
Ustick Road;
Thence N 89°47'06" W along said northerly right-of-way a distance of 20.86 feet to. the
POINT OF BEGINNING.
This parcel contains 2,838, square feet (0.065 acres) acres and is subject to any other
easements existing or in use.
Prepared by: Glenn K. Bennett, PLS
Prop,
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Civil Survey Consultants, Incorporated' Cju rt t Z,�p
March 31, 2015
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