Madden Subdivision Water Main Easement No 5ADA COUNTY RECORDER Christopher D. Rich 2017-119321
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 12/14/2017 10:16 AM
CITY OF MERIDIAN, IDAHO NO FEE
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THIS INDENTURE, made this day ofd, between h",�
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 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 withinthe area described in
this easement that was placed there in violation of this easement.
Water Main Easement REV. 08/15/16,doe
ka6den No S
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.
Secretary
Address
STATE OF IDAHO )
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County of Ada )
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On this day of _t)ojC , 20 before me, the undersigned, a Notary
Public in and for said State, personally appeared .I10 j �A�\ a-t,(�u,r z a"4
known or identified to me to be the Pre ea+id K'� mbe-v
Seedy, 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. ,
A
QA NOTARY PUBLIC FOR IDAHO
pTq� y am , Residing at: (`",t � Q j
•oma Commission Expires: i
49
Water Mai ��,�C ` REV. 08/15/16.doc
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..,=c OF
GRANTEE: CITY OF MERIDIAN
Tainrly de:��d, Mayor
AU& by C.Ja-y Coles, City Clerk
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Approved By City Council On: P-/
STATE OF IDAHO, )
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County of Ada
On this day of -De".Mber-,20 V4 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.
NOTARY PUW, FOR IDAHO
Residing at: VUAI-6�
Commission Expires: & -caS 0,()
Water Main Easement REV. 08/15/16.doe
Ha6&-n Q)_5
WATER EASEMENT
MADDEN SUBDIVISION LOCATED IN LOT 2
EXHIBIT A
A watler,easement located on the west boundary line of Lot 2 of Madden subdivision, fyin, S, in
the W1/2 of the SWIA of the SWI/4 of Section,8, Township 3 North, Range I East, Bolse
Meridian, Ada County, Idaho, said water easement being more particularly described as
follows:
Commencing at the Brass Cap marking the SW corner of Section 8; thence N.0002549", E. 114,03
feet along the West line of Section 8 to a point; thence S.89033'11"E. 54.02 feet to the POINT
OF BEGINNJNG;
Thence continuing S -89133'11"E. 7.GO feet to a point;
Thence N.00026' 9"E. 20,00, feet to a point;
Thence N.89133"11"'W. 7.00 feet to a point;
Thence S.,OCP2,6'49"W. 2,0.00 feet to a point, also being the POINT OF BEGINNING.
EXHIBIT B
WATER EASEMENT 8 LYING IN PROPOSED MADDEN SUBDIVISION
LYING IN THE Wl"/2 SWI/4 SW1/4, SECTION 8, T -3N., R,lE,,, B,M., ADA COUNTY, IDAHO
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VICINITY MAP
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CP I= NO.
107088111
S89' 57' 53"E 661,.23'
E FRANKLIN RD
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- "I I CLS 1 170402
MADDEN SUBDIMSION
WATER EASEMENT NO. 5
LEPENQ
8001404RY LINt
SECDON ONE
ROAD CENTS 14f
EAStMENT
FOUND BRASS CAP
FOUND 5/15' IRON PIN
A
CALCULATED POINt-00T SFT
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VICINITY MAP
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7
CP I= NO.
107088111
S89' 57' 53"E 661,.23'
E FRANKLIN RD
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- "I I CLS 1 170402
MADDEN SUBDIMSION
WATER EASEMENT NO. 5