Timbergrove Release of Easement water main Blue MarlinADA COUNTY RECORDER Christopher D. Rich 2018-036999
BOISE IDAHO Pgs=9 LISA BATT 04/25/2018 01:10 PM
CITY OF MERIDIAN, IDAHO NO FEE
RELEASE OF EASEMENT
TYPE OF EASEMENT BEING RELEASED: WATER MAIN
GRANTEE: CITY OF MERIDIAN
GRANTOR: BLUE MARLIN INVESTMENTS LLC
WHEREAS, by casement dated August 1 1Tu, 2015 and recorded as Instrument Number 2015-074614 in
the land records of Ada County, State of Idaho, an easement of the type and nature set forth in the
above -captioned title was granted to the City of Meridian, an Idaho Municipal Corporation, over and
across the real property legally described therein.
WHEREAS, the easement is not valid because it was not executed by the owner of the real property, The
easement being released will be replaced in the same location with a grant from the current owner of the
real property.
NOW, THEREFORE, in consideration of the premises, the City of Meridian does hereby vacate,
relinquish, release and abandon said rights and easements as set forth and legally described in Exhibit A,
attached hereto and incorporated herein, with the intent that the same shall forthwith cease and be
extinguished.
IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its
proper officers thereunto duly authorized this 2-4 day of ALn _, 2018.
CITY OF MERIDIAN
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County of Ada
On this day of 2018, before me, a Notary Public, personally
Toe -I? fled to me to be the -Mayor- and Clerk, CO(- ,:0r+0n appeared Tantmy—de—Vft-urd and C,Jay Coles, or identified
respectively, of the City of Meridian, who executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
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ADA COUNTY RECORDER Christopher D. R10h VI;36
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BOISE IDAHO Pgs=8 LISA HATT
08114AM
MERIDIAN CITY FEE
EXHIBIT A TO RELEASE OF EASEMENT
WATER MAIN EASEMENT
THIS INDENTURE, made this _ day of ),) i)M', 201<,- between BLUE MARLIN
INVESTMENTS, LLC, an Idaho limited liability company, 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 tbrough 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 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 adj acent 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 r EASMT WAT 11-15-13.doc
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THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
any permanent structures, trees, blush, 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, suchTight-of-wayand easementhereby
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: BLUE MARLIN INVESTMENTS, LLC
By: Jeff W. Moore, Managing Member
824';
P.O. Box ${3L4 Boise, Idaho 83707
Address
STATE OF IDAHO )
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County of Ada )
On this 1'.4 day of v1 , 20 l , before me, the undersigned, a Notary
Public in and for said State, perso lly appeared Jeff W. Moore, known or identified to me
to be the Managing Member of the limited liability company that executed the within
instrument, and acknowledged to me that such limited liability company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fust written.
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(SEAQ) .' ,I`ZOTAI� NOTARY PUB IC FOR ID a 0
Residing at:
PUBi,1C Commission Expires: (I
Water Main EASMT WAT I1-15-13.doc
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GRANTEE, CITY OF MERIDIAN
Tammy de Wear , ayor o�D�p�EDAUCUl
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Attest b�ceeolman, City Clerkr SEAL w
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Approved By City Council On, '�+it rnEAs°bEv
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STATE OF IDAHO, )
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County of Ada )
On thisf t day of 1Glr)k 20, before me, the undersigned, a Notary
Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman,
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.
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Water Main Easement
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Residing at: k -{P tr I &,p r .D
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EASMT WAT 11-I5-13.doc
May 07, 2015
EXHIBIT "A"
Water Easements
Description For
CITY OF MERIDIAN
Portions of Block 1, Centrepointe Subdivision as same if filed in Book 97 of
Plats at Pages 12330-12331, records of Ada County, Idaho, located within a portion of
the Southeast 1/4 of the Southeast 114 of Section 32, Township 4 North, Range 1 East,
Boise Meridian, City of Meridian, Ada County, Idaho* being more particularly described
as follows:
WATER EASEMENT A
Commencing at the Southeast corner of said Section 32 from which the South
114 corner of said Section 32 bears North 8904439" West, 2656.46 feet; Thence North
79°51'19" West, 1187.78 feet to the Northeast corner of Lot 1, Block 1 of said
Centrepointe Subdivision, said point being the REAL. POINT OF BEGINNING;
Thence along the North boundary line of said Lot 1 North 89°29'58" West,
3 1. 16 feet;
Thence North 00015121" East, 61.75 feet;
Thence South 89044'39" East, 31.16 feet to the West right-of-way line of North
Centrepoint Way;
Thence along said West right-of-way line South 00°15'21" West, 61,88 feet to
the REAL POINT OF BEGINNING, Containing an area of 1,926 square feet, more or
less.
AND ALSO:
WATER EASEMENT B
Commencing at the Southeast corner of said Section 32 from which the South
1/4 corner of said Section 32 bears North 89°44'39" West, 2656.46 feet; Thence North
66°14'48" West, 1275.94 feet to the West right-of-way line of North Centrepoint Way,
said point being the REAL, POINT OF BEGINNING;
Thence North 89°44139" West, 31.50 feet;
Thence North 00°15'21" East, 21.05 feet;
Thence South 89°44'39" East, 31.50 feet to said West right-of-way line;
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Thence along said West right-of-way line South 00°15'21" West, 21.05 feet to
the REAL POINT OF BEGINNING, Containing an area of 663 square feet, more or
less,
AND ALSO:
WATER EASEMENT C
Commencing at the Southeast corner of said Section 32 from which the South
1/4 corner of said Section 32 bears North 89°44'39" West, 2656.46 feet; Thence North
52°05'02" West, 1414.94 feet to the West right-of-way line of North Centrepoint Way,
said point being the REAL. POINT OF BEGINNING;
Thence North 89°44139" West, 22.64 feet;
Thence North 00°15'21" East, 26.00 feet;
Thence South 89°44'39" East, 22,64 feet to said West right-of-way line;
Thence along said West right -of -line South 00°15'21" West, 26.00 feet to the
REAL POINT OF BEGINNING, Containing an area of 588 square feet, more or less.
AND ALSO;
WATER EASEMENT D
Commencing at the Southeast corner of said Section 32 from which the South
1/4 corner of said Section 32 bears North 89°44'39" West, 2656.46 feet; Thence North
45032'48" West, 1562.38 feet to the West right-of-way line of North Centrepoint Way,
said point being the REAL POINT OF BEGINNING;
Thence North 89°44'39" West, 23.72 feet;
Thence North 00°15'21" East, 25.00 feet;
Thence South 89°44'39" East, 23.72 feet to said West right-of-way line;
Thence along said West right-of-way line South 00°15'21" West, 25.00 feet to
the REAL POINT OF BEGINNING. Containing an area of 592 square feet, more or
less.
AND ALSO:
WATER EASEMENT E
Commencing at the Southeast corner of said Section 32 from which the South
1/4 corner of said Section 32 bears North 89044'39" West, 2656,46 feet; Thence North
40°04'07" West, 1730,97 feet to the West right-of-way line of North Centrepoint Way,
said point being the REAL_ POINT OF BEGINNING;
Thence North 89°44'39" West, 26.78 feet;
Thence North 00°15'21"
East, 13.50 feet;
Thence North 89044'39"
West, 8.39 feet;
Thence North 00°15'21"
East, 25,00 feet;
Thence South 89°44'39"
East, 35.17 feet to said West right-of-way line;
Thence along said West right-of-way line South 00°15'21" West, 38.50 feet to
the REAL POINT OF BEGINNING. Containing an area of 1,241 square feet, more or
less.
END OF DESCRIPTION
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