Newton's Nook Subdivision Water Main Easment - Penwood III, LLCADA COUNTY RECORDER Christopher D. Rich 2017-035290
BOISE IDAHO Pgs=7 LISA BATT 04/21/2017 04:20 PM
CITY OF MERIDIAN, IDAHO NO FEE
WATER MAIN EASEMENT
THIS INDENTURE, made thiV14 day of/-' between i/�/�lr/Gi�� &Z �L
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 malting 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 REV. 08/15/16.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:
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STATE
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STATE OF IDAHO )
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County of Ada )
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On this 1041"' day of 520 1+ before me, the undersigned, a Notary
Public iV and for said State, personally ppeared, 10 {ildw15 and
4 -Pk)-�03�1_ , known or identifiA to me to be the ent and
Secretary, respectively, of the corporation that executed the within inst�r and
acknowledged to me that such corporation executed the same.
IN WITNES S WHEREOF, I have hereunto set my hand and afAxed my official seal the day
and year first above written. /
(SEAL) .0�
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Water Main Easer�t�,' . AU 6 t I G
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OF ID`�a�.�`�
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Commission Expires:
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REV. 08/15/16.doc
GRANTEE: CITY OF MERIDIAN
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Tammy de d, Mayorm SE .o ANS
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Attes�by C.Ja oles, City Clerk
Approved By City Council On: L l
STATE OF IDAHO, )
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County of Ada )
On this day of At i , 20 I , before me, the undersigned, a Notary
Public in and for said State, personally appeared Tamtny de Weerd and C.Jay Coles, known
to me to be the Mayor and City Cleric, 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.
-14 aA, -Ioalw, z � A44
(SEAL) NOTARY PUBLIC FOR IDAHO
Residing at: _j:M OH -t' OU /Lout.%
Commission Expires: 1,I) -, !)OC V
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Water Main Easement REV. 08/15/16.doc
February 14, 2017
Project No. 116022
THE LAND GROUP, INC.
EXHIBIT "A"
CITY OF MERIDIAN
WATER LINE EASEMENT DESCRIPTION
Page 1 of 2
Those portions of Parcels B and C according to Record of Survey No. 10499 recorded under
Instrument No. 2016-046927, Ada County Records and those portions of Lots 3 and 4 of Newton's
Nook Subdivision filed in Book 98 at Page 12383, Ada County Records, said portions located in the
Northeast Quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, City of Meridian,
Ada County, Idaho, particularly described as follows:
COMMENCING at the northwest corner of said Parcel B; Thence, along the west line of said Parcel B,
South 00°35'24" West, 79.40 feet; Thence, departing from said west line, South 89°24'36" East,
20.38 feet to the POINT OF BEGINNING;
Thence, North 00° 33' 08" East, 33.14 feet;
Thence, North 90° 00' 00" East, 23.00 feet;
Thence, South 00° 33'08" West, 30.44 feet;
Thence, South 89° 26' 52" East, 13.07 feet;
Thence, South 48° 48' 52" East, 22.51 feet;
Thence, North 90° 00'00" East, 88.07 feet;
Thence, South 00° 00'00" East, 24.00 feet;
Thence, North 90° 00'00" West, 81.67 feet;
Thence, South 00° 35' 33" West, 42.96 feet;
Thence, South 89° 24' 35" East, 25.98 feet to the northwest corner of said Lot 3;
Thence, along the north line of said Lot 3, South 89° 24' 35" East, 16.63 feet;
Thence, departing from said north line, South 00° 35' 25" West, 6.00 feet;
Thence, North 89° 24' 35" West, 42.61 feet;
Thence, South 000 35' 33" West, 31.70 feet;
Thence, South 33° 09' 27" East, 32.40 feet;
Thence, South 00° 35' 33" West, 15.89 feet to the south line of said Parcel 3;
Thence, along said south line, North 89° 24'43" West, 20.00 feet;
Thence, departing from said south line, North 00° 35' 33" East, 9.83 feet;
Thence, North 33° 08' 59" West, 32.40 feet;
Thence, North 00° 35' 33" East, 37.76 feet;
Thence, North 89° 24' 35" West, 48.32 feet;
Thence, North 00° 35' 25" East, 6.00 feet to the north line of said Lot 4;
Thence, along last said north line, South 89° 24' 35" East, 19.31 feet to the northeast corner
of said Lot 4;
Ar
Site Planning ® Landscape Architecture ® Civil Engineering ® Golf Course Irrigation & Engineering ® Graphic Communication ® Surveying
462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 e P 208.939.4041 F 208.939.4445 e www.theland rrouiinc�com
THE LAND GROUP, INC.
Thence, departing from said Lot 4, South 89° 24' 35" East, 29.01 feet;
Thence, North 00° 35' 33" East, 39.61 feet;
Thence, North 45° 00'00" West, 55.72 feet to the POINT OF BEGINNING, containing 0.166
acres or 7,221 square feet, more or less.
PREPARED BY:
THE LAND GROUP, INC.
462 E. SHORE DRIVE, SUITE 100
EAGLE, IDAHO 83616
208-939-4041
208-939-4445(fax)
Robert L. Kazarinoff
fir
Site Planning -Landscape Architecture *Civil Engineering ® Golf Course Irrigation & Engineering *Graphic Communication ®Surveying
462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 9 P 208.939.4041 F 208.939.4445 ® www.thelandgrouginc.com
Re Location: g*\2016\116022\ca"owey\exhibfts\I 16022 water easement permund in 170213.dwg
Last Plotted By:rob Warned
Date fthed: Tuesday, February 14 2017 at 11:20 APA
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LOT 48, BLK 4 1/
FRANKLIN SQUARE
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