Oaks South Subdivision No. 5 Water Main EasementADA COUNTY RECORDER Christopher D. Rich 2017-094720
BOISE IDAHO Pgs=7 HEATHER LUTHER 10/05/2017 12:53 PM
CITY OF MERIDIAN, IDAHO NO FEE
WATER MAIN EASEMENT
THIS INDENTURE, made this 6th day ofseptember20 17 between New Oaks LLC
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 steal I 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
lawfttl 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.
GRA R:
Coles an Real Estate Management LLC, Manager
by Noelle Gambill, Manager
1116 S Vista Avenue, #471, Boise ID 83705
Address
STATE OF ID ) : ss.
County of Ada )
On this day of , 20 , before me, the undersigned, a Notary
Public in and for said State, personally appeared and
, known or identified to me to be the President and
Secretary, 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.
ASL (((3'':.��c..c���ci. ll
C—A' C <- r a pCLK Y�c� 11��2c5 UYy� t ��
(SEAL) NOTARY PUBLIC FOR IDAHO
Residing at:
Commission Expires:
Water Main Easement REV. 08/15/16.doc
QRANTEE: CITY OF MERIDIAN
Tammy e cry,, ayor
Xtt& by C. ay Coles, City Clerk ? /
Approved By City Council On; /0/``"`.3 l
STATE OF IDAHO, )
: ss
County of Ada )
On this 3 nd_ day of 04,o , 20 1 -7- , 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.
[N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written,
LhaxLny
NOTARY PUBLIC FOR IDAHO
Residing at: .
Commission Expires; 3 • a.S - oa
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Water Main Easement REV. 08/I5/16.doe
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of,�'o�-�an�,(]a. ) r
On &;, p-\-- (p , k!�j before me,e
Date Here Insert Name and Title of the Officer
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
JENNIFER R. DUNN
NotaryPublic- California 7
Santa Barbara County i
Commission N 2198521
My Comm. Expires May 21, 2021
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signatu^�,
Signatur of �Nota��Public�
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
F] Other:
Signer Is Representing:
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The Maks South Subdivision
Offsite Water Lime Description
Project Number 10-16-114 Apr1111, 2017
A strip of land within a portion of Parcel "A", as shown on Record of Survey No. 10627,
recorded September 12, 2016 as Instrument No. 2016-085818, records of Ada County, Idaho,
situated in the North 1/2 of the Northwest 1/4 of Section 33, Township 4 North, Range 1 West
of the Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as
follows:
Commencing at a Brass Cap marking the North 1/4 corner of said Section 33 from which a Brass
Cap marking the northwest corner of said Section 33 bears North 8916'50" West, 2635.27 feet;
Thence along the north boundary of said Section 33, North 89°16'50" West, 1516,64 feet to the
northeast corner of said Parcel "A";
Thence along the east boundary of Parcel "A" the following three courses and distances:
South 00943'10" West, 488.98 feet;
South 08027'38" West, 27.26 feet to the POINT OF BEGINNING;
South 08°27'38" West, 20.13 feet;
Thence leaving said east boundary, North 88°07'20" West, 21.22 feet;
Thence North 76°52'20" West, 147.99 feet;
Thence North 89°26'57" West, 944.94 feet to the west boundary of the Northwest 1/4 of
Section 33;
Thence along said west boundary, North 00°32'37" East, 20.00 feet;
Thence leaving said west boundary, South 89°26'57" East, 917.11 feet;
OF
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Thence North 00°43'26" East, 483.79 feet to the north boundary of the Northwest 1/4 of Section
33;
Thence along said north boundary, South 89°16'50" East, 20.00 feet;
Thence leaving said north boundary, South 00043'26" West, 483.73 feet;
Thence South 89026'57" East, 10.04 feet;
Thence South 76052'20" East, 148.22 feet;
Thence South 88°07'20" East, 21.55 feet to the POINT OF BEGINNING.
Said strip of land contains 31,986 square feet or 0.73 acres, more or less.
End of Description.
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a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 f 208-323-9336 it, www.jub.com