Water Main Easement for Fall Creek No 2ADA COUNTY RECORDER Christopher D. Rich 2015-074611
BOISE IDAHO Pgs=6 LISA BATT 08/14/2015 09:35 AM
MERIDIAN CITY NO FEE
133625 016007 6110 60067
00133525201500746110060067
WATER MAIN EASEMENT
THIS INDENTURE, made this I I day of Ouq a s:1— , 2015, between Bear Creek West
Development LLC, 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 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.
Fall Creek Subdivision No. 2 Water Main Easement EASMT WAT 11-15-13.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:
BEAR CREEK WEST DEVELOPMENT, LLC
l
Thomas M. Coleman, Jr.
President, Coleman Communities Inc.
Manager of Coleman Homes LLC
Manager of Bear Creek West Development, LLC
3103 W. Sheryl Drive, Suite 100, Meridian, ID 83642
Address
Fall Creek Subdivision No. 2 Water Main Easement EASMT WAT 11-15-13.doc
STATE OF IDAHO
ss.
County of Ada )
On this day of 2015, before me, the undersigned, a Notary
Public in and for said Sta perso ally appeared Thomas M. Coleman., Jr., known or
identified to me to be the President of Coleman Communities, Inc., Manager of Coleman
Homes LLC, Manager of Bear Creek West Development LLC, the limited liability
corporation that executed the within instrument, and acknowledged to me that such
corporation executed the same.
IN WITNESS WHEREOF, I have
and year first above written.
(SEAL)
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set my hand and affixed my official seal the day
NOT)RY PUBLI- FO IDAHO
Residi g at:
Commission Expires: f<
Fall Creek Subdivision No. 2 Water Main Easement EASMT WAT 11-15-13.doc
GRANTEE: CITY OF MERIDIAN
L.
Approved By City Council
STATE OF IDAHO, )
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County of Ada
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city or
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On this 1 � day ofA�k �-I— , 2015, 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.
NOTARY PUBLIC -FOR IDAHO
Residing at: "CCI da 1 G n I
Commission Expires: \ 1q rj (L
Fall Creek Subdivision No. 2 Water Main Easement EASMT WAT 11-15-13.doc
0
EXHIBIT A
July 22, 2015
DESCRIPTION FOR CITY OF MERIDIAN WATER EASEMENT
PROPOSED FALL CREEK SUBDIVISION NO. 2
An easement located in the NW '% of Section 24, T.3N., R. 1W., B.M., Meridian, Ada County, Idaho,
more particularly described as follows:
Commencing at the Northwest corner of said Section 24, from which the North '% corner of said
Section bears South 89006'56" East, 2655.57 feet; thence along the westerly boundary of the NW %4
of said Section 24 South 00°41'54" West, 2287.07 feet; thence leaving said westerly boundary South
89°18'06" East, 25.00 feet to a point on the easterly right-of-way of S. Linder Road, the POINT OF
BEGINNING;
Thence continuing South 89°18'06" East, 168.48 feet to a point on a curve;
Thence 20.61 feet along the arc of a non -tangent curve to the left, said cure having a radius of 55.00
feet, a delta angle of 21 °28'23", and a long chord bearing South 11 053'03" East, 20.49 feet;
Thence North 89°18'06" West, 172.94 feet to a point on the easterly right-of-way of S. Linder Road;
Thence along said easterly right-of-way North 00°41'54" East, 20.00 feet to the POINT OF
BEGINNING. Said easement containing 3,401 S.F., more or less.
141014-watease.docx
EXHIBIT B
14 13 _ BASIS OF BEARING _ W. OVERLAND RD. 13 N 4
23 24 ' s 89.06'56 E 2655.5' 24
T
CURVE TABLE
CURVE LENGTH RADIUS DELTA CHORD BRG CHORD
Cl 20.61 55.00 21'28'23" S 11'53'03" E 20.49
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CITY OF MERIDIAN
WATER EASEMENT
PROPOSED FALL CREEK SUBD. NO.2
LOCATED IN THE NW 1/4 OF SECTION 24
T.3N., R.1W., B.M.
MERIDIAN, ADA COUNTY, IDAHO
ENGINEERING
SOLUTIONS
1029 N. ROSARIO ST., STE. 100
MERIDIAN, IDAHO 83642
Phone (208) 938-0980 Fox (208) 938-0941