Water Main Easement Murgoitio Limited Locust Grove RoadADA COUNTY RECORDER Christopher D. Rich 2017-001446
BOISE IDAHO Pgs=5 LISA BATT 01/06/2017 09:49 AM
CITY OF MERIDIAN, IDAHO NO FEE
WATER MAIN EASEMENT
THIS Easement Agreement, made this _3 day of 'SW 20�6 between Murgoitio Limited
Partnership, ("GRANTOR"), and the City of Meridian, an Idaho Municipal Corporation
("GRANTEE");
WITNESSETH:
WHEREAS, the GRANTOR desires 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 on behalf of Grantee; 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 GRANTOR does hereby give, grant and convey
unto the GRANTEE the right-of-way for an easement over and across the following
described property:
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
THE GRANTOR hereby covenants and agrees 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 GRANTOR hereby covenants and agrees 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 GRANTOR does 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.
G NTOR:
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Ruth Murgoitio, General artn1er [/,
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Address
STATE OF IDAHO )
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County of Ada )
On this day of _L�lL{U��►►tt� e'.%Yr , 20J, before me, the undersigned, a Notary
Public in and for said State, personally appeared Ruth Murgoitio, known or identified to me
to be a general partner of the limited partnership that executed the instrument on behalf of
said limited partnership and acknowledged to me that said limited partnership 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)
Water Main Easement
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NO ARY PUBLIC FOR IDAHO
Residing at: &k",-
Commission Expires: 3 3
GRANTEE: CITY OF MERIDIAN
Tammy de
Attest Sy C Coles, City Clerk
Approved By City Council On: 3� X17
STATE OF IDAHO, )
: ss
County of Ada
3
On this may of T(�vtar-4 20 --L2–before me, the undersigned, a Notary
Public in and for said State, personally appeared Tammy de Weerd and C. Jay Coles, 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.
(SEAT N
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Water Main Easement
�A JU
NOTARY PUBLX FOR IDAHO
Residing at: — (-'kk-c-k LAtP--L
Commission Expires: -iAci– 19'
EXHIBIT A
UTILITY EASMENT
FOR TME
CITY OF MERIDIAN, IDAHO
MURGOITIO LIMITED PARTNERSHIP
An easement located in the SE % of Section 31, Township 3 North, Range 1 East, Boise Meridian,,
Ada County, Idaho, more particularly described as follows:
Commencing at an aluminum cap monument marking the southeasterly corner of said SE %, from
which an aluminum cap monument marking the northeasterly corner of said SE % bears
N 03221" W a distance of 2700.17 feet;
Thence N 032'21" W along the easterly boundary of said SE % a distance of 2559.81 feet to a
point;
Thence leaving said easterly boundary S 89°27'39" W a distance of 25.00 feet to the POINT OF
BEGINNING;
Thence S 55°42'39" W a distance of 52.75 feet to a point;
Thence S 34°1721" E a distance of 78.95 feet to a point;
Thence N 0*32'21" W a distance of 94.95 feet to the POINT OF BEGINNING.
This parcel contains 2,082 square feet (0.048 acres) and is subject to any other easements,
existing or in use.
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated
December 5, 2016
EXHIBIT B
SKETCH TO ACCOMPANY UTILITY EASEMENT DESCRIPTION
FOR THE CITY OF MERIDIAN L OCA TED IN THE SE 1/4
OF SECTION 31, TOWNSHIP 3 NORTH, RANGE 1 EAST,
BOISE MERIDIAN, ADA COUNTY, IDAHO
1/4
MURGOITIO LIMITED
PARTNERSHIP
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3132
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CIVIL SURVEY CONSULTANTS, INC.
2893 SOUTH MERIDIAN ROAD a 5082 0
MERIDIAN, IDAHO 83642(2�51�6
(208)888-4312 c qTE OF
CFHN K. BEN
SCALE: 1 "=40"
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POINT OF
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MURGOITIO LIMITED
PARTNERSHIP
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3132
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PL LA�y�s
G\STER oG�
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CIVIL SURVEY CONSULTANTS, INC.
2893 SOUTH MERIDIAN ROAD a 5082 0
MERIDIAN, IDAHO 83642(2�51�6
(208)888-4312 c qTE OF
CFHN K. BEN
SCALE: 1 "=40"