Volterra Heights Subdivision No 3 Water Main EasementADA COUNTY RECORDER Christopher D. Rich 2017-099214
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 10/18/2017 03:37 PM
CITY OF MERIDIAN, IDAHO NO FEE
THIS INDENTURE, made this L/14 day of (),4& 20i'l between
the parties of the first part, and hereinafter called the G]�ANTORS, and the City of Merl ian, 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:
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.
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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:
Manager
398 E. Copper Ridge St.
Meridian, ID 8364
STATE OF IDAHO )
. ss.
County of Ada )
On thisjLA day of , 20L7, before me, the undersigned, a notary public in and for said
state personally appeared" iN known or identified to me to be the
of the Limited Liability Company that executed the instrument or the person
w o execut d the instrument on behalf of said Limited Liability Company and acknowledged to me that
such Limited Liability Company executed the same.
In witness whereof, I have hereunto set my hand and seal the day and year in this certificate first above
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written. 0��B R 0 W °°'**
TAR),
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2 a 4 NOTARY PUBLIC F9R IDAHO
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• 1 m hl o p U B 1, v o; Residing at:
°° •' Commission Expires : --L&
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Water Main Easement ���81JOB000001",* REV. 08/15/16.doc
GRANTEE: ITY OF MERIDIAN
ol'f r 0"d, CwAlaC Pcade+
Aiest by PJay Coles, City Clerk
Approved By City Council On:
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IDAHO
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STATE OF IDAHO, )
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County of Ada )
On this +h day of U r+dbP—K , 20 L-�—, before me, the undersigned, a Notary
Public in and for said State, personally appeared rd and C.Jay Coles, known {�erlh Gird
(,tx�nGl NeS(&n- 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.
PuBo , o.
•.,ATE of �.
•••.ante••
NOTARY PU�BLIC FOR IDAHO
Residing at: Y ► BL ► m , CLQ n Z i�)
Commission Expires: a dOa a.
Water Main Easement REV. 08/15/16.doc
PARCEL DESCRIPTION Date: October 10, 2017
CITY OF MERIDIAN WATER EASEMENT
A parcel of land being a portion of the N1/2 NE1/4 of Section 34, Township 4 North,
Range 1 West, Boise Meridian, City of Meridian,Ada County, Idaho,more particularly
described as follows:
COMMENCING at the N1/16 corner common to Sections 34 and 35, monumented by a
5/8"rebar, from which the northeast corner of said Section 34, monumented by a 5/8"
rebar (Corner Record No. 108122909), bears North 00°52'46"East, a distance of
1315.57 feet;
Thence North 89°06'34" West, coincident with the south line of the N1/2 NE1/4 of said
Section 34, a distance of 1296.66 feet to the southwesterly corner of Volterra Heights
Subdivision, Book 101, Page 14296;
Thence North 00°52'09"East, coincident with the westerly line of said Volterra Heights
Subdivision, a distance of 437.36 feet to the POINT OF BEGINNING;
Thence North 89°07'51" West, a distance of 125.00 feet;
Thence North 00°52'09"East, a distance of 20.00 feet;
Thence South 89°07'51"East, a distance of 125.00 feet to said westerly line;
Thence South 00°52'09"West, coincident with said westerly line, a distance of 20.00
feet to the POINT OF BEGINNING.
The above described parcel contains 2,500 square feet or 0.057 acres, more or less.
Together with and subject to covenants, easements, and restrictions of record.
The basis of bearings for this parcel is North 00°52'46"East between the N1/16 corner
common to Sections 34 and 35 and the northeast corner of Section 34.
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Kevin M. Borah P.L.S. License No. 10561
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End of Description
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SKETCH FOR LEGAL EXHIBIT
CITY OF MERIDIAN WATER EASEMENT
A PARCEL OF LAND BEING A PORTION OF
THE NJ 12
NEI/4 OF SECTION 34, T. 4 N., R. 1 W., BOISE MERIDIAN,
CITY OF MERIDIAN, ADA COUNTY, IDAHO
2017
NE CORNER
SECTION 34
w S89'07'51 "E 125.00'
o ±0.057 Ac. 0 0 0
;n 2,500 s.f. N o ri
O N O N J M
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N89'07'51 "W 125.00'
VOLTERRA HEIGHTS w
SUBDIVISION NO. 1Ljj
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POINT OF
BEGINNING z z
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PROPOSED
VOLTERRA HEIGHTS w
SUBDIVISION NO. 3
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POINT OF
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SECTIONS 34 & 35
N 89'06' 34" W
1296.66'
SPU LAND
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2141 W Airport Way, Ste 104
Boise, ID 83705
208-342-5400 Fax 208-342-5353 NOT TO SCALE
www.whpacific.com I.S.P.C.S., GRID NORTH