Water Main Easement with Borchers, Brent E. for Locust Grove Utility Improvements
.ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 02123105 01:33 PM
DEPUTY Bonnie Oberbillig
RECORDED-REQUEST OF
Meridian City
AMOUNT
.00
1111111111111111111111111111111111111
11351321468
WATER SERVICE EASEMENT
THIS INDENTURE, made this 1- day oàs..h, 2c6Sbetween Brent E. Borchers_, the parties of the
flIst 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 service right-of-way across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the water service 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 ITom
time to time by the Grantee;
NOW, TIIEREFORE, 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 for the construction, operation, maintenance, repair, replacement of a water
service over and across the following described property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is for the pwpose of construction and operation ofa water line and their
allied facilities, together with their maintenance, additional connection thereto, repair and replacement
at the convenience of the Grantee, with the tree right of access to such facilities at any and all times.
TO HA VB 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
construction, making repairs, performing other maintenance or making subsequent connection to the
water line, Grantee shall restore the area of the easement and adj acent property to that existent prior to
undertaking such construction, 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 easement. .
TIIE 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 pwposes 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.
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TIIE 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:
ßQ-~
~rent E Borchers,P erty Owner
820 S Locust Grove Rd
Meridian ID 83642
STATE OF IDAHO)
) ss
County of Ada )
On this ~ day o~ ,2cé15 before me, the undersigned, a Notary Public in
and for said State, perso appear rent E, Borchers, known or ldentlfied to me to be the
property owner that executed the within instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist above written.
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GRANTEE: CITY OF MERIDIAN
Approved By City Council On:
STATE OF IDAHO,
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County of Ada )
On this ¡fh- day oc~r~ , 20oJ: before me, the undersigned, a
Notary Public in and for said State, personally appeared'rAMMY de WEERD and WILLIAM G. BERG,
JR., 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.
(SEAL)
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EXHIBIT A
EASEMENT DESCRIPTION
FOR
BRENT E. BORCHERS
WATER SERVICE EASEMENT
An easement for water service purposes located in the NW Y. of the SW y., of Section 17,
Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, more particularly
described as follows:
Commencing at a brass cap monument marking the northeasterly corner of said NE Y. of the
SE Y. from which an aluminum cap monument marking the southwesterly corner of the SW Y. of
said Section 17 bears S 0°30'32" W a distance of2659.49 feet; .
Thence S 0°30'32" W along the westerly boundary of said NW Y. of the SW Y4 a distance of
56.26 feet to a point;
Thence leaving said westerly boundary S 89°29'28" E a distance of 48.00 feet to the POINT OF
BEGINNING;
Thence continuing S 89°29'28" E a distance of 5.00 feet to a point;
Thence S 0°30'32" W a distance of 10,00 feet to a point;
Thence N 89°29'28" W a distance of 5.00 feet to a point;
Thence N 0°30'32' E a distance of 10.00 feet to the POINT OF BEGINNING;
This parcel contains 0,001 acres (50 sq. ft,) and is subject to any other easements existing or in
use.
Prepared by: Glenn K, Bennett, PLS
Civil Survey Consultants, Ipcorporated
November 10,2004 :
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SECTION 18,
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50
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EXHIBIT B
WATER SERVICE EASEMENT
: LOCATED IN THE NE 1/4 OF THE SE 1/4 OF
TOWNSHIP 3 NORTH, RA.NGE 1 EAST. BOISE MERIDIAN. ADA COUNTY,
LOtr¡UST GROVE ROAD UTILITY IMPROVEMENTS
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fASEMENT ;~Z~::' ::%"f. fot8:i1lflvE ROAD
! MERIDIAN. 10 83842
IDAHO.
S89;~"£§~rJ.
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S O'JO'32" W ¡; ~ .
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100
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SCALE:
200
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'r100'
300
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1920