Water Main Easement with Challenger Development for Irvine Subdivison No 2ADA COUNTY RECORDER Christopher D. Rich 2016-032990
BOISE IDAHO Pgs=5 CHE FOWLER 04/20/2016 11:08 AM
MERIDIAN CITY NO FEE
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00216155201600329900050058
WATER MAIN EASEMENT
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THIS INDENTURE, made this' day of ` : , 20I L between Challenger Development Inc._,
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.
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Address
STATE OF IDAHO )
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County of Ada )
On this day of ° � < � , 20 ( ,before me, the undersigned, a Notary
Public in and for said State, personally appeared fir and
known or identified to me to be the President -and
Secre�ai�, respectively, 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) ; 0 rA ' ' NOTARY PUBLIC FOR IDAHO
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Water Main Easement 1p PEASMT WAT 11-15-13.doc
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GRANTEE: CITY OF MERIDIAN
Tammy de/W96rd, Mayor
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Attest by
Clerk
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Approved By City Council On: q 9 b
STATE OF IDAHO, )
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County of Ada )
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On this day of A y,, 1 , 20 L(D—, before me, the undersigned, a Notary _ j-
Public in and for said State,personally appeared Tammy de Weerd and hnx ; J' oywa
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.
Mar Llce I 4-M
NOTARY PUBLIC FOR IDAHO �D
Residing at:
Commission Expires:
Water Main Easement EASMT WAT 11-15-13.doc
March 29, 2016
Exhibit "A"
Description For
CITY OF MERIDIAN WATER MAIN EASEMENT
IRVINE SUBDIVISION NO.2
A portion of the West 1/2 of the Northwest 1/4 of Section 26, Township 4 North,
Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho being more
particularly described as follows:
COMMENCING at the Northwest corner of said Section 26 from which the
West 1/4 corner of said Section 26 bears South 0021'10" West, 2633.61 feet; Thence
along the West boundary line of said Section 26 North 17°01'01" West, 1597.41 feet;
Thence leaving said West boundary line South 89°38'50" East, 40.00 feet to the
intersection with the East right-of-way line of North Ten Mile Road said point being the
REAL POINT OF BEGINNNING;
Thence North 60052'06" East, 128.65 feet;
Thence 20.13 feet along the arc of a non -tangent curve to the left having a
radius of 50.50 feet, a central angle of 22°50'33", and a long chord which bears South
29°07'54" East, a distance of 20.00 feet;
Thence South 6052'06" West, 139.96 feet to the intersection with said right-of-
way line;
Thence along said right-of-way line North 00°21'10" East, 22.98 feet to the
REAL POINT OF BEGINNING.
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SCALE: 1" = 50'
LINE TABLE
LINE
I BEARING ILENGTH
LENGTH CHORD
L1
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1 22.98'
CURVE TABLE
CURVEI
RADIUS
LENGTH CHORD
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1 50.50'
20.13' 20.00'
1 S 29'07'54" E
1 22'50'33"
5:\ISG Projects\Irvine Sub No. 2\dwg\—idi—H2Oez EXSAd g 3/29/2016 2:02:25 PM MDT
IDAHO EXHIBIT "B" JOB NO.
MERIDIANCITY OF MERIDIAN WATER MAIN EASEMENT 14-173
SUITE t3o,IDAH083642 IRVINE SUBDIVISION N0. 2 SHEET N0.
SURVEY 1
GROUP, P.C. (208'646-8570
LOCATED IN THE W 1/2 THE NW 1/4 OF SECTION 26, DWG. DATE
1450 E. WATERTOWER ST.
T.4N., R.1%, B.M., MERIRI DIAN, ADA COUNTY, IDAHO 03-29-16