Water Main Easement for E. Lake Hazel - L&G Murgoitio, LLCADA COUNTY RECORDER Christopher D. Rich 2017-001445
BOISE IDAHO Pgs=5 LISA BATT 01/06/2017 09:49 AM
CITY OF MERIDIAN, IDAHO NO FEE
WATER MAIN EASEMENT
X17
THIS Easement Agreement, made this 3 day of 9W , 294 between L & G Murgoitio,
LLC, an Idaho Limited Liability Company, ("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 GRANTOR, 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:
(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
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.
GRANTOR:
All
r
Member o nger"of LLC
STATE OF IDAHO )
. ss.
County of Ada )
On this day of jtl J,',.- -/ , 20,&, before me, the undersigned, a Notary
Public in and for said State, personally appeared kury /j'i�g c+� A,o , known or
identified to me to be the manager or a member of the lim— ite liability company that executed.
the instrument on behalf of said limited liability company and acknowledged to me that said
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 above written.
(SEAL)
Water Main Easement
N ARY PUBLIC FOR IDAHO
Residing at: A44k 6o—4V--i
Commission Expires:
GRANTEE: CITY OF MERIDIAN
Tammy de nr; , Mayor
41 -
VA
Approved By City Council On: - 1/03/ :;b/7
STATE OF IDAHO, )
: ss
County of Ada
3
On this "dav of 20 -L:h 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.
(SEAL)
Water Main Easement
£XH I BIT A
UTILITY EASMENT
FOR THE
CITY OFMERIDIAN, IDAHO
L &G MU RG OITIO LLC
An easement located in theNE\ Section 5, Township 2North, Range 1East, Boise Meridian,
Ada County, Idaho, more particularly described as Ib&»
Commencing at an aluminum pap monument marking the norbea4pdy corner ofsaid NE Y
from which .abrass cap monument marking the northweter\corner of said NE%be r
N 4 W a distance df26\ıkfeet;
Thence q 89'5642" W along the northerly boundary said NE X a distance of 2514.19 feet to a
pont
Thence Gavin said northerly boundary S 0'03'18" W a distance of }\d0feet tothe POINT OF
BEGINNING;
Thence S 72 3232® W a distance 0 52.E Ree t0 a point;
Thence N &7 /7 W a distance of 127.07 feet to a point;
Thence 5 89'56'42" E 4 distance of 137.53 feet to the POINT OF BEGINNING.
This parcel contains ƒ342 square feet (0 ±77 acre/ and is subjectto any other easements,
existing or in use
Prepare b/ Glenn % Bennett, PLS
.\\2�
_ » :
Civil Survey Consultants, Incorporated
.a,
October 20, 2016
*�2
«m.
EXHIBIT B
SKETCH TO ACCOMPANY UTILITY EASEMENT DESCRIPTION
FOR THE CITY OF MERIDIAN L OCA TED IN THE NE 1/4
OF SECTION 5, TOWNSHIP 2 NORTH, RANGE I EAST,
BOISE MERIDIAN, ADA COUNTY, IDAHO
1/4 LAKE HAZEL ROAD
I N 89'56'42" W 2659,18'
0
S 89°5642" E
,,,137.53
UTILITY
EASEMENT
L & G MURGOITIO; LLC
CIVIL SURVEY CONSULTANTS, INC.
2893 SOUTH MERIDIAN ROAD
MERIDIAN, IDAHO 83642
(208)888-4312
32 33
1 2514.19' V 5 '
oI
c
N I'"`- S 0° 03' 18" W
PRESGRIPfIVE RIGHT-OF-WAY u
POINT OF
v BEGINNING
L
�v
5082
Tf OF
4
SCALE 1 "=40'