Silver Oaks Apartments Water Main EasementADA COUNTY RECORDER Christopher D. Rich 2018-012308
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 02/09/2018 10:11 AM
CITY OF MERIDIAN, IDAHO NO FEE
WATER MAIN EASEMENT
THIS INDENTURE, made this day of 2018, between SOA Phase 11,
LLC, the parties of the first part, and hereinafter called the drantors, 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 is to be provided for through underground pipelines to be
constructed by others; and .
WHEREAS, it will be necessary to maintain and service said pipelines 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 casement for the operation and maintenance of water mains over and across
the following described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of construction and operation of water mains and
their allied facilities, together with their maintenance, repair and replacement 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 casement and right-of-way unto the said Grantee, its
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED by and between the parties hereto that, after
making repairs or performing other maintenance, Grantee shall restore the area of the easement
and adjacent property to that existent prior to undertaking such repairs and maintenance. 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 casement,
Silver Oaks Apartments Water Main Easement 1
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
casement, which would interfere with the use of said casement, for the purpmes stated -herein,
THE GRANTORS hcrcby covenant and agree with the Grantee that should any part of the right-
of-way and casement 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 wl-ich is a pail thereof, shall cease and become null and void mid of no
further effect and shall be completely relinquished.
THE GRANTORS do hereby covenant with the Grantee that they arc lawfully seized and
possessed of the aforementioned and described tract of land, and That they have a good and lawflil
right to convey said casenient, and that they will, warrant and forever defend the title and quiet
possession thereof against the lawful clairns 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- SOA PHASE 11, LLC
Dav-fd M. Cooper, Managerf
7630 W, Thunder Mountain Drive
Boise, ID 83709
STATE OF IDAHO
County of
On this lqclay of 20189 before me, the undersigned, a Notary Public
in and for said State, personally appAred David M. Cooper, known or identified to me to
be the Manager of SOA Phase 11, LLC, the limited liability company that executed the
within instiument, and acknowledged to me that such limited liability company executed
the same.
IN WITNESS WHEREOF, I have h.-ruuato set my hand and affixed my official seal the
day and year fist aboveTitten.
MVit#
ip
140TAj?)A 0
NC AT PUBLIC FOR IDAHO
a4- 0 Ell V,
OUB L I
Residing at:•
4 C,
My CommissionExpires: Ito I
Ov
Silver Oaks Apartments Water Main Easement 2
Meridian City Council Meeting Agenda February 6, 2018 — Page 159 of 732
GRANTEE: CITY OF MERIDIAN
(Ity of
SEAL
Approved by City Council on: 9/ Z— z eWk -
STATE OF IDAHO )
County of Ada
��
On this (Q�h day of t 18, before me, the undersigned, a Notary
Public in and for said State, personallppearedPammy 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 Cityof 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,
Cmdw WN'L
NOTARY PUBLIC FOR. IDAYIO
Residing at: � 11 t nthTU)
My Commission Expires:
Silver Oaks Apartments Water Main Easement 3
EXHIBIT A
January 15, 2018
Deteiription for additional Meridian Qjt
y Water Easements
&1y_er Oaks Aoartments
Easements covering portions of Lot 3, Block I of Avendale Subdivision, as riled for record in Book 109 of Plats
at Page 15523, records of Ada County, Idaho, located in the SE 114 of Section 10, Township 3 North, Range 1
West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows.
EASEMEENT A
Commencing at the SE coiner of said Section 10, froin which the S 1/4 corner of said Section 10 bears North
89'36'09" West, 2640.84 feet; thence along the southerly boundary line of said Section 10 North 89036'09" West,
1558.90 feet to the southeast comer of Urnbria Subdivision, as filed for record in Book 101 ofPlats at Page 13200,
records of Ada County, Idaho; thence along the easterly boundary of said Umbria Subdivision North 01112'22"
East, 527.36 feet to the southeasterly comer of'said Lot 33 Block I of said Avendale Subdivision; thence continuing
North 01'12'22" East along the easterly boundary of said Lot 3 514.93 feet; thence leaving said boundary North
88047145" West, 130 69 feet to a point on the northeasterly boundary line of an existing City of Meridian Sanitary
Sower and Water Easement recorded under Instrument No. 2015-043236, records of Ada County, Idaho, the
POINT OF BEGINNING,
Thence continuing along said existing easement boundary North 88'47'45" West, 22.65 feet;
Thence Icaving said existing easement boundary North 01'12'15" East, 25.00 feet;
Thence South 88*4745" East, 22.65 feet;
Thence South 01 012'15" West, 25,00 feet to the POINT OF BEGINNING.
EASEMENT B
Commencing at the SE comer of said Section 10, from which the S 1/4 comer of said Section 10 bears North
89036'09'West, 2640.84feet; thence along the southerly boundary Line of said Section IONorth 89136'09" West,
1558,90feet to the southeast comer of Umbria Subdivision, as filed for record in Book 101 ofPlats at Page 13200,
records of Ada County, Idaho; thence along the easterly boundary of said Umbria Subdivision North 01'12'22"
East, 527.36 feet to the southeasterly corner of said Lot 3, Block I of said Avendale Subdivision, thence continuing
North 01"12'22" East along the easterly boundary of said Lot 3 514.93 feet; thence leaving said boundary North
88"47'45" West, 2785 feet to a point an the northeasterly boundary line of an existing City of Meridian Sanitary
Sewer and Water Easement recorded under Instrument No. 2015-043236, records of Ada County, Idaho, the
POINT OF BEGINNING;
Thence continuing along said existing easement boundary North 88'47'45" West, 20.77 feet;
Thence along said existing easement boundary, and extending beyond said existing easement boundary, North
01012' 15" Fast, 26.00 feet,
Thence South 88'4745" Fast, 20.77 feet;
Thence South 01 ° 12'15" West, 2&00 feet to the POINT OF BEGINNING.
Page I of 1
Meridian City Council Meeting Agenda February 6, 2018 — Page 161 of 732
PERUGIA STIR,UMBRIA SUBDIVISION
�
10 1/4 10811-94' W. FRANKLIN ROAD
15 N 89'36'09R W 2640.84' MIS OF BEARING
SCALE 1'=100' CITY OF MERIDIAN
DWG,IMTE 01/05/18 ADDITIONAL WATER EASEMENTS
PROJI. NO, 141105 SILVER OAKS APARTMENTS
SHEE7r LOT 3, BLOCK 1, AVENDALE SUBDIVISION
1 OF 1 LOCATED IN THE SE 1/4 OF
go
-SOUTHEASrIERLY CORNER
LOT 3, BLOCK I
E!GINEERING
SOLUTIONS-
�
-
�]3
^~_.~^
\
/
\,POINT OF BEGINNINGr
ti
27N
8647045m W
CRY OF MERIDIANINSTR,
POINT
OF BEGINNINGENSTING
NO. 2015-043236 EXISTING WATERsmctsAVENDALE
SUBDIASION
LINE BEARING
DISTANCEL5
IN 8647'45' W
2037'L6
N 01-1r15' E
26.00
PERUGIA STIR,UMBRIA SUBDIVISION
�
10 1/4 10811-94' W. FRANKLIN ROAD
15 N 89'36'09R W 2640.84' MIS OF BEARING
SCALE 1'=100' CITY OF MERIDIAN
DWG,IMTE 01/05/18 ADDITIONAL WATER EASEMENTS
PROJI. NO, 141105 SILVER OAKS APARTMENTS
SHEE7r LOT 3, BLOCK 1, AVENDALE SUBDIVISION
1 OF 1 LOCATED IN THE SE 1/4 OF
go
-SOUTHEASrIERLY CORNER
LOT 3, BLOCK I
E!GINEERING
SOLUTIONS-