Loading...
DeMeyer Water Main EasementADA COUNTY RECORDER Christopher D. Rich 2018-029807 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 04/04/2018 02:37 PM CITY OF MERIDIAN, IDAHO NO FEE THIS Easement Agreement, made this r3rd day of to :1, 2018 between DeMeyer Properties, LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires 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 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 Grantor, and other good and valuable consideration, the Grantor does 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 13) 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, it's 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 orrestoring anything placed within the area described in this casement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor 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. Water Main Easement REV. 03 2118 TWB De me4 gy- THE GRANTOR covenants and agrees 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 GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: DeMeyer Properties, LLC Raymond DeMeyer, Manager STATE OF IDAHO ) ) ss County of Ada This record was acknowledged before me on �1-'49 IPO(*ate) by Raymond DeMeyer, on behalf of DeMeyer Properties, LLC in his capacity as Manager. 1�6�tSignature My Commission Expires: Water Main Easement REV. 03 2118 TWB De- meq ex. GRANTEE: CITY OF MERIDIAN Approved By City Council On: z �z >/ STATE OF IDAHO, ) : ss. County of Ada This record was acknowledged before me on " q-�-18 (date) by Tammy de Weerd and C.Jay Coles on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. �ha)hw )04--\ Notary Signature My ignatureMy Con fission Egire Water Main Easement REV. 03 2118 TW13 C'-) e- rn a � e -r Job No. 2017-41 J.O.F. EXHIBIT A' 9-12-18 BOUNDARY DESCRIPTION FOR DEIM)MR PROPERMS, LLC. Waterline Basement part of Lot 1, Block 2 of Seyam Subdivision that is located in Section 9, Tdwnsblp 3 North, Range I FAst ofthe Boise Meridian, City dMerjoijan, Idaho described as follows: Commencing at a found Y91 mbar awking the Southwest comer OfLot 1, Blo k 2 of Sy dl, C. e, am sub Via!on that is located in Section 9, Towasbip 3 Nor& Range I off., Idaho and SWOW31"R 28.03 feet, thence f N51 -22140'-W 43.42 feet, thence u teat along the West line of said Lot to the Point of L along the said West HRO,' 1110=0118303720-E 23.05 A '22' VE 42.26 feet; thence N83*59'29"B 21.29 feet; 4 'W 41,23 feet-, theneeNO6015,501V 61.87 feet; tbence VV 14.94 feet to the Point of ncgfming. 106 W main Styin1t]), Middleton, ID 63644 * pjs1222Q@"b"&= 4 poshest. 7513 (0)* 1860337-4925 (P) Pagel E. LANARK S7' tno m 44112"o 2,0 '29T 9. 'oerv%e44y-