Water Main Easement with McKague Family Revocable Living Trust for Locust Grove Utility Improvements
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO O:!l23/05 09:50 AM
DEPUTY Bonnie Oberblllig
RECORDED-REQUEST OF
Meridian Cily Public Works
AMOUNT
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1111111111111111111111111111111111111
11351334662
WATER SERVICE EASEMENT
TIllS INDENTURE, made this ti day of~ \th ,Z¡ffibetween McKague Family Revocable
Living Trost, the parties of the flfSt 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, 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 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 purpose of construction and operation of a water line and their
allied facilities, togetherwith their maintenance, additional connection thereto, repair and replacement
at the convenience of the Grantee, with the me 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
construction, making repairs, performing other maintenance or making subsequent connection to the
water line, Grantee shall restore the area of the easement and adjacent 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.
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. .
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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:
Secretary
STATE OF IDAHO)
) ss
County of Ada )
On this ~ day of before e, the undersigned, a Notary Public in
and for said State, personally appeared and
, known or identified to me to be the Presid and Secretary, 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 affixed my official seal the day and year
fist above written.
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Approved By City Council On:
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STATE OF IDAHO,
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County of Ada
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On this ~day of I'\/Lrt,k , 2Q&t, before me, the undersigned, a
Notary Public in and for said State, personally appeared TAMMY 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 f1fSt
above written.
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EXHIBIT A
EASEMENT DESCRIPTION
FOR
McKAGUE F AMIL Y REVOCABLE LIVING TRUST
WATER SERVICE EASEMENT
An easement for water service purposes located in the NE V. of the SE 1;" of Section 18,
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 comer of said NE V. of the
SE V. from which an aluminum cap monument marking the southeasterly corner of the SE V. of
said Section 18 bears S 0°30'32" W a distance of 2659.49 feet;
Thence S 0°30'32" W along the easterly boundary of said NE \I, of the SE V. a distance of
346.26 feet to a point;
Thence leaving said easterly boundary N 89°29'28" W a distance of 48.00 feet to the POINT OF
BEGINNING;
Thence continuing N 89°29'28" W 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 S 89°29'28" E 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, Incorporated
November 10,2004
p~ J..\ mC::y'~
SECTION 18.
EXHIBIT B
WATER SERVICE EASEMENT
LOCATED IN THE NE 1/4 OF THE SE 1/4 OF
TOWNSHIP :J NORTH. RANCE 1 &<1ST, BOISE MERIDIAN. ADA COUNTY,
LOCUST GROVE ROAD UTILITY IMPROVEMENTS
IDAHO.
EASEMENT GIIANTOR: McKAGUE FAMILY REVOCABLE LIVING TRUST
ADDRESS: 885 S. LOCUST GROVE ROAD
MERIDIAN. 10 83642
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