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Water Main Easement for Timbergrove SubdivisionADA COUNTY RECORDER Christopher D. Rich 2015-074614 BOISE IDAHO Pgs=8 LISA BATT 08/14/2015 09:35 AM MERIDIAN CITY NO FEE 1111111111 1111111111111111111 II II 111111 HE 111111 00133628201600746140080082 WATER MAIN EASEMENT THIS INDENTURE, made this -I-- day of t— d) I L 20� between BLUE MARLIN 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 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. 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: BLUE MARLIN INVESTMENTS, LLC By: Jeff W. Moore, Managing Member SUA P.O. Box 802."4, Boise, Idaho 83707 Address STATE OF IDAHO ) : ss. County of Ada ) On this 1 Vday of �-' , 20 i Ca , before me, the undersigned, a Notary Public in and for said State, perso ally appeared Jeff W. Moore, 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 set my hand and affixed my official seal the day and year first %},qe written. (SEAQ,) r NOTARY ®% NOTARY PUB IC FOR ID HO Residing at: PUBLIC e Commission Expires: (i -!S - 2V. Water Main Easemerif'y/1/hnijij%%\\\ EASMT WAT I1-15-13.doc GRANTEE: CITY OF MERIDIAN Tammy de Attest byo4cee L. Holman, City Clerk Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) Onp 3`O�EDAVGVSTtt W IDAHO r SEAL Fa, rnek*°� On this (1 day of Ano"k , 20 Jam, 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. (SEAL) NO' ARPUB R IDAHO Residing at: �Ae)r\ Al IID Commission Expires: n `i , Qo2 U Water Main Easement EASMT WAT I1-15-13.doe May 07, 2015 EXHIBIT "A" Water Easements Description For CITY OF MERIDIAN Portions of Block 1, Centrepointe Subdivision as same if filed in Book 97 of Plats at Pages 12330-12331, records of Ada County, Idaho, located within a portion of the Southeast 1/4 of the Southeast 1/4 of Section 32, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho being more particularly described as follows: WATER EASEMENT A Commencing at the Southeast corner of said Section 32 from which the South 1/4 corner of said Section 32 bears North 89°44'39" West, 2656.46 feet; Thence North 79°51'19" West, 1187.78 feet to the Northeast corner of Lot 1, Block 1 of said Centrepointe Subdivision, said point being the REAL POINT OF BEGINNING; Thence along the North boundary line of said Lot 1 North 89029'58" West, 3 1. 16 feet; Thence North 00°15'21" East, 61.75 feet; Thence South 89044'39" East, 31.16 feet to the West right-of-way line of North Centrepoint Way; Thence along said West right-of-way line South 00°15'21" West, 61.88 feet to the REAL POINT OF BEGINNING. Containing an area of 1,926 square feet, more or less. AND ALSO: WATER EASEMENT B Commencing at the Southeast corner of said Section 32 from which the South 1/4 corner of said Section 32 bears North 89°44'39" West, 2656.46 feet; Thence North 66°14'48" West, 1275.94 feet to the West right-of-way line of North Centrepoint Way, said point being the REAL POINT OF BEGINNING; Thence North 89044'39" West, 31.50 feet; Thence North 00°15'21" East, 21.05 feet; Thence South 89044'39" East, 31.50 feet to said West right-of-way line; Thence along said West right-of-way line South 00°15'21" West, 21.05 feet to the REAL POINT OF BEGINNING. Containing an area of 663 square feet, more or less. AND ALSO: WATER EASEMENT C Commencing at the Southeast corner of said Section 32 from which the South 1/4 corner of said Section 32 bears North 89°44'39" West, 2656.46 feet; Thence North 52°05'02" West, 1414.94 feet to the West right-of-way line of North Centrepoint Way, said point being the REAL POINT OF BEGINNING; Thence North 89044'39" West, 22.64 feet; Thence North 00°15'21" East, 26.00 feet; Thence South 89044'39" East, 22.64 feet to said West right-of-way line; Thence along said West right -of -line South 00°15'21" West, 26.00 feet to the REAL POINT OF BEGINNING. Containing an area of 588 square feet, more or less. AND ALSO: WATER EASEMENT D Commencing at the Southeast corner of said Section 32 from which the South 1/4 corner of said Section 32 bears North 89°44'39" West, 2656.46 feet; Thence North 45°32'48" West, 1562.38 feet to the West right-of-way line of North Centrepoint Way, said point being the REAL POINT OF BEGINNING; Thence North 89044'39" West, 23.72 feet; Thence North 00°15'21" East, 25.00 feet; Thence South 89°44'39" East, 23.72 feet to said West right-of-way line; Thence along said West right-of-way line South 00°15'21" West, 25.00 feet to the REAL POINT OF BEGINNING. Containing an area of 592 square feet, more or less. AND ALSO: WATER EASEMENT E Commencing at the Southeast corner of said Section 32 from which the South 1/4 corner of said Section 32 bears North 89°44'39" West, 2656.46 feet; Thence North 40°04'07" West, 1730.97 feet to the West right-of-way line of North Centrepoint Way, said point being the REAL POINT OF BEGINNING; Thence North 89044'39" West, 26.78 feet; Thence North 00°15'21" East, 13.50 feet; Thence North 89°44'39" West, 8.39 feet; Thence North 00°15'21" East, 25.00 feet; Thence South 89044'39" East, 35.17 feet to said West right-of-way line; Thence along said West right-of-way line South 0001521" West, 38.50 feet to the REAL POINT OF BEGINNING. Containing an area of 1,241 square feet, more or less. END OF DESCRIPTION ONPLA77ED iv s 3 14 I RPOB EASE °E" 2 z L 6 15 .10 a w 16 1 :� Q z� 10 w RPOB 17 v EASE „D" z 9 18 F• ••Z I •o 25 100 400 0 50 200 h RPOB 20 SCALE: 1" = 200' 17 EAISE °C° m ' 2, Z'. N.N . 5 o . o FO P� V RPOB oEASE ' B' 729 A 3 } zj- cORY G. G OFr2 2s At �l _ I RPOB j•.•N EASE "A" .4; hl (/ E.I USTICK RD. �J •, 1/ 4 32 13_28.2_3 T.. 4N. R. E. 328.23' 32.: 33 • -----= T..3N. R.7 E. 5 ' ' ' • • . , N 89'44'39" W 2656.46' • , . 5 4 BASIS OF BEARING... ,grope sw is-o4e\mrq\ro sin wm., z. Eaem.q s/U^^_pis n:,i IDAHO1450 E. WATERTOWERST. SURVEY 130 MEIRIDIAN, IDAHO 83642 GROUP, P.C. (208) 846-8570 SEE SHEET 2 (EXHIBIT 11C") FOR EASEMENT DETAILS WATER EASEMENTS EXHIBIT "B" DRAWING FOR ;5B 46' CITY OF MERIIDIAN SHEET N0. TIMBERGROVE SUBDIVISION 1 OF 2 LOCATED IN THE SE 1/4 OF SECTION 32, T.4N., R.1E., D.M., DWG. DATE MERIDIAN, ADA COUNTY, IDAHO 05-07-15 19 22.64' JUNE1 BEARING LENGTH S 89°44'39" E 8.39' Y' Cli 'C»', N U EASE w w. Lo N z Ld 7�.,_e; ED Z 2D N 89°44'39" W Z. 22.64' ' RQoo'. I OS 89°44' w� ' 0 o Lo �f , N o (D N 89°44'39" W 3 RPOB OS 89°44'39" E 31.16' w N 0 0 z } 00 Q z 0 w w N ~ in Z w o U o :J - U) U) H K m7/ oz OL. of ONPLA 77E9 i I S 89°44'39° E 3517' I 0 o I �' N ' 6 W , N � o ' 0 z ' L1 o N L� �2 0 0 14 z 0 26.78' LINE TABLE JUNE1 BEARING LENGTH L1 I N 89°44'39" W 8.39' 2 10 40 0 5 20 SCALE: 1 " = 20' 16 23.72' CR0'AA'70"I7 3� 17 N89'44 ' 23.72' Z N on - 1 If) � W !o N� fN z t w U } z� I'. 72 9 _ 6' Na7GN 89°29'58" W31.1 •,q,are wo 15-046\dlq\Tc s b nmv ez e<e awq 5/7/2015 11 N -'I uI Mm IDAHO WATER EASEMENTS EXHIBIT "C" DRAWING FOR i45fi E.WATERTDWER ST. SURVEY CITY OF MERIDIAN MERIDIAN, ,3° MERIDIAN, IDAH083fi42 TIMBERGROVE SUBDIVISION GROUP, P.C.(208)846-8570 LOCATED M THE SE 1/4 OF SECTION 32, T.4N., RAE., B.M., MERIDIAN, ADA COUNTY, IDAHO JOB NO 15-048 SHEET N0, 2OF2 DWO'DATE 05-07-15