M3 Investments Water Main EasementADA COUNTY RECORDER Christopher D. Rich 2014-095970
BOISE IDAHO Pgs=7 BONNIE 11/26/2014 10:26 AM
MERIDIAN CITY NO FEE
1111111111111111111111111111111111111111111111111111
00043611201400969700070076
WATER MAIN EASEMENT
THIS INDENTURE, made this day of &V , 20LIL between M3
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 within the area described in
this easement that was placed there in violation of this easement.
Water Main Easement EASMT WAT 11-15-13.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.
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Presi en y
Address
STATE OF IDAHO )
: ss.
County of Ada )
'07 -h-
On this day of )a/ , 20� before ale. the undersigned, a Notary
Public in and for said State, personally appeared * GAYa 'bilit , known
or identified to me to be the President 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 4ff�cel my official seal
and year first above written.
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Water Main Easement ---' EASMT WAT 11-15-13.doc
GRANTEE: CITY OF MERIDIAN
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Approved By City Council On:
STATE OF IDAHO, )
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County of Ada )
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On this day of 20 1 1 ,Aefore e u%r geersigned, a Notary
Public in and for saidState, personally appeared and Jaycee L. Holman,
known to me to be See�Myor 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.
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Water Main Easement EASMT WAT 11-15-13.doc
RESOLUTION OF LIMITED AUTHORITY
M3 Investments, LLC, an Idaho Limited Liability Company
WHEREAS, M3 Investments, LLC (the "Company") is owns a property legally described as:
Bienville Square Subdivision No. 3 : legal description attached
IT IS THEREFORE
RESOLVED that the following person is hereby authorized and empowered in the name of and
on behalf of the Company to sell, transfer, assign and deliver any and all agreements, contracts,
assignments, endorsements, certificates, affidavits, checks, drafts, reports, and other instruments,
documents, mortgage or hypothocate and other information and materials, and any information pertaining
to the above property.
Cory Swain, an Individual
BE IT FURTHER RESOLVED, that the authority granted pursuant to these resolutions may be
exercised in the name of Company by the actual or facsimile signature of any one of the officers of
Company. In cases where said persons are authorized to sign by facsimile signature any document bearing
or purporting to bear the facsimile signature of the person required to sign, said signature shall be the
signature of Company regardless of by whom or by what means the actual or purported facsimile signature
thereon may have been affixed thereto.
The Managing Member is hereby authorized and directed from time to time to certify copies of these
resolutions, the incumbency of the managers appointed pursuant to these resolutions, and the actual and
facsimile signatures of said managers.
Certificate
I, certify that: I am the duly qualified person of M3 Investments, LLC, an Idaho Limited Liability and the
foregoing is a true copy of a Resolution adopted by the unanimous written consent of The Board of
Directors and/or managers without a meeting which consent was filed with the minutes of the Company.
The Resolution is in conformity with the Articles of Incorporation and the Bylaws of the Company have
not been modified or repealed and is now in full force and effect.
Date: Nov ber 13 2014
Cory anaging Member, Alliance Management Consultants, LLC
Managing Member of M3 Investments, LLC
I �
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Kimiko Kinney, Secretary
M3 Investments, LLC
STATE OF IDAHO,
COUNTY OF ADA,
_SS.
On this 13th day of November in the year of 2014, before me, the undersigned, a Notary Public in and for
said State, personally appeared Cory Swain known or identified to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that they executed the same.
Signature: A�VIVQ.- ka r c l?_ C r�is
Name: �: ,.c,�'� 4� l2 r ► C f CA u
Residing at: Residing at: Idaho City, ID
My Commission expires:
STATE OF IDAHO,
COUNTY OF ADA,
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On this 13th day of November in the year of 2014, before me, the undersigned, a Notary Public in and for
said State, personally appeared Kimiko Kinney known or identified to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that they executed the same.
Signature:
Name: L, a'a a (-` -Z- C—rc s
Residing at: Residing at: Idahe Git '^ ,,,,���,�..••••••...,���,,,
My Commission Expires: 4/9/2016 CR S ,
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EXHIBIT "A"
DESCRIPTION FOR
MERIDIAN CITY WATER EASEMENT
PROPOSED BIENVILLE SQUARE SUBDIVISION NO.3
11/05/14
AN EASEMENT LOCATED IN LOTS 31 AND 32, BLOCK 1 OF BIENVILLE SQUARE SUBDIVISION NO.2, AS
RECORDED IN THE ADA COUNTY RECORDERS OFFICE, IN THE NE 1/4 OF SECTION 5, TOWNSHIP 3 NORTH,
RANGE 1 EAST OF THE BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE
MERIDIAN, THENCE S 46°49'01" W, 886.41 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE S 18°35'00" W 80.77 FEET TO A POINT
THENCE S 04°30'02" W 439.69 FEET TO A POINT;
THENCE S 02°37'15" E 99.10 FEET TO A POINT;
THENCE S 48°46'14" E 31.37 FEET TO A POINT;
THENCE S 02°08'31" E 100.97 FEET TO A POINT;
THENCE N 87°51'29" E 17.71 FEET TO A POINT;
THENCE S 12°31'14" E 31.82 FEET TO A POINT;
THENCE S 77°28'46" W 20.00 FEET TO A POINT;
THENCE N 12°31'14" W 15.15 FEET TO A POINT;
THENCE S 87°51'29" W 21.04 FEET TO A POINT;
THENCE N 02°08'31" W 112.36 FEET TO A POINT;
THENCE N 48°46'14" W 31.27 FEET TO A POINT;
THENCE N 02°37'15" W 108.87 FEET TO A POINT;
THENCE N 04°30'02" E 443.40 FEET TO A POINT
THENCE N 18°35'00" E 83.24 FEET TO A POINT
THENCE S 71'25'00" E 20.00 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, CONTAINING
16,168 SQ.FT., MORE OR LESS..
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EXHIBIT B
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BEARING
DISTANCE
Lt
S 18'35 00
W
80.77
L2
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W
439.69
L3
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E
99.10'
L4
S 484614
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31.37'
L5
S 0708'31 "
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100.97'
L6
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17.71
L7
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31.82'
L8
S 7T28'46
W
20.00
L9
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W
15.15
L10
S 8r5l'290
W
21.04
L11
N 02'08 31
W
112.36
L12
N 48'46'14
W
31.27
L13
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W
108.87
L14
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443.40
L15
N 18'35'00"
E
83.24'
L16
I S 71'25'00
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20.00'
311-05-1-0-0-0-00-00
MERIDIAN CITY WATER EASEMENT
LOCATED IN LOTS 31 AND 32, BLOCK 1, BIENVILLE SQUARE SUBDIVISION NO.2
IN THE NE 1/4 OF SECTION 5, T. 3N., R.1 E., B.M.,
CITY OF MERIDIAN, ADA COUNTY, IDAHO