Water Main Easement for Sagewood SubdivisionADA COUNTY RECORDER Christopher D. Rich 2016.028665
BOISE IDAHO Pgs=6 DAWN TRIVOLIS 04/06/2016 03:01 PM
MERIDIAN CITY NO FEE
II' II I II I I I "'ll I'I"II I I II I (II I'I I I II I I I II I II SII
00211423201600286650060066
WATER MAIN EASEMENT
THIS INDENTURE, made this day of !�-2016, between Brighton Development Inc., an
Idaho corporation, whose address is 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713, the
parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada
County, Idaho, the parry 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:
STATE OF IDAHO )
. ss.
BRIGHTON DEVELOPMENT INC.,
an Idaho corporation
41,4 -1 -t -A
By:
Jona F an D. Wardle, Vice President
County of Ada )
On this day of March, 2016, before me, the undersigned, a Notary Public in and for
said State, personally appeared Jonathan D. Wardle, known or identified to me to be the Vice
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. 1" 1 All,
{
AL b ,,
A k s
NOTARY PUBLIC F
Residing at:
Commission Expires:
Water Main Easement EASMT WAT 11-15-13.doc
GRANTEE: CITY OF MERIDIAN
Tammy erd,-Mayor
�14C
CL
Attest by cee L. Holman, City Clerk
Approved By City Council On:
STATE OF IDAHO, )
: ss
County of Ada )
On this �3� day of , 20 Lk,,n—, 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.
A Jp�•.
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(SE ,- AR `�'Ji: NOTA Y P BLIC FOIeIDAHOI
® : Residing at: C—K d c, 3 I
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Water Main Easement EASMT WAT 11-15-13.doc
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9233 WEST STATE STREET ( BOISE, ID 837.4 208.639.6939 ) FAX 208.639.6930
March 31, 2016
Hill's Century Farm Subdivision -
Phase 3
Project No, 15-041
Legal Description
City of Meridian Water Main Easement.
EXHIBIT A
A Parcel of land for City of Meridian Water Main easement situated in a portion of the Northwest 1/4
of the Southwest 1/4 of Section 33, Township 3 North, Range 1 East, Boise Meridian, City of Meridian,
Ada County, Idaho and being more particularly described as follows.
Commencing at an aluminum cap marking the West 1/4 corner of said Section 33, from which an
aluminum cap marking the Southwest corner of said Section 33 bears 500013'37"W a distance of
2,676.15 feet, thence following the westerly line of the Southwest 1/4 of said Section 33, S00°13'37"W a
distance of 803.15 feet to a point;
Thence leaving said westerly line, S89°4623"E a distance of 48.00 feet to a point on the easterly right-
of-way Line of S. Eagle Road and being the POINT OF BEGINNING.
Thence following said easterly right-of-way line, N00'13'37"E a distance of 20.00 feet to a point
Thence leaving said easterly right-of-way line, S89°52'02"E a distance of 150.78 feet to a point on the
proposed westerly right-of-way line of S. Palatino Way;
Thence following said proposed westerly right-of-way line, S01°20'01"W a distance of 20.00 feet to a
point;
Thence leaving said proposed westerly right-of-way line, N89°52'02"Wa distance of 150.39 feet to the
POINT OF BEGINNING.
Said easement contains 3,011 square feet more or less, and is subject to all existing easements and/or
rights-of-way of record or implied.
Attached hereto is Exhibit B and by this reference is made a part hereof.
-12459
or
3.31.201 6
ENGINEERS I SURVEYORS I PLANNERS
32133
POINT OF COMMENCEMENT
FOUND ALUMINUM CAP'
W 1/4 CORNER SECTION 33
O Z
ww
:W
Ll0
?--f
o
N
Proposed Hill's
Century Farm
Phase 3
z U) N00' 13'S TE S89 S2'02"E -150.- — — — — —
POINT OF 20.00, 501'20'01 "W
BEGINNING 20.00'
mcV — -- _--_ N89'5202"W_150.39
LL -
V) Unplatted
r i o
MN r-S89'46'23"E
00 I 48.00 (TIE)
FOUND ALUMINUM CAP
3233 SW CORNER SECTION 33 T.3N. R.1E,
5 4 E. Lake Hazel Road T.2N. RAE.
ENGINEERS. SURVEYORS. PLANNERS
9233 WEST STATE STREET
BOISE, IDAHO 83714
PHONE(208)639.6939
FAX(208)639.6939
DATE: March 31, 2016
PROJECT:15-041
SHEET:
1 OF 1
N
0 20 40 80
Plan Scale
EXHIBIT B
HILL'S CENTURY FARM SUBDIVISION PHASE 3
CITY OF MERIDIAN WATER MAIN EASEMENT - A PORTION OF THE NW 1/4 OF
THE SW 1/4 OF S.33, T.3N., R.1E., B.M., MERIDIAN, ADA COUNTY, IDAHO
150.78
s89°52'02" e
.3
�M sa
V C N O
n89°52'02"w
I5U.39
Title: City of Meridian Water Main Easement
Scale: 1 inch = 30 feet File:
Date: 03-31-2016
Tract 1: 0.069 Acres 3011 Sq Feet: Closure = s40.3912w 0.01 Feet: Precision =1/59410: Perimeter = 341 Feet
001=n00.1337e 20.00
002=s89.5202e 150.78
003=s01.2001w 20.00
004=n89.5202w 150.39