Prevail Subdivision No. 1 Sewer and Water Main Easement No. 1 (2020-033315) ADA COUNTY RECORDER Phil McGrane 2020-033315
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 03/23/2020 09:12 AM
CITY OF MERIDIAN, IDAHO NO FEE
Proiect Name JSubdivisionl.
Prevail Subdivision #1
Sanitary Sesser&water Main Easement Number:
1
Identify this Easement by sequential number if Project contains
more than one easement of this type.
(See Instructions for additional information).
'I'Al2YT_+'s ,I2 AND A'i_'�12.1_t�IA.IN FASElt1F�1T
THIS Easement Agreement, made thisl2th day of March 20 20 between
MvvT LLC ("Grantor")and the City of Meridian, an Idaho
Municipal Corporation("Grantee");
WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of-
way across the premises and property hereinafter particularly bounded and described,
and
WHEREAS, the sanitary sewer and 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 Grantor,
and other good and valuable consideration, the Grantor does hereby give, grant and
convey unto the Grantee the right-of-way for an easement for the operation and
maintenance of sanitary sewer and water mains over and across the following
described property
(SEE ATTACHED EXHIBITS A and )
The easement hereby granted is for the purpose of construction and operation of
sanitary sewer and 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 14AVE 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 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 easement.
Sanitary Sewer and Water Main Easement REV.01/01/2020
Meridian City Council Meeting Agenda March 17,2020— Page 85 of 226
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.
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:
MWT LLC, D uglas chaster, Manager
STATE OF IDAHO )
) SS
County of Ada )
This record was acknowledged before me on - L- 4 b (date) by
Douglas McMaster (name of individual), [complete the following if signing in a
representative capacity, or strike the following if signing in an individual capacity] on
behalf of MWT LLC (name of entity on behalf of whom record was
executed), in the following representative capacity: Manager (type
of authority such as officer or trustee)
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Notary Signatur
•
• ��.Z.O�•• My Commission Expire W a o- Z;0
Sanitary Sewer and Water Main Vigff�w ity Council Meeting Agenda March 17,2020— Page 86IRRY201/01/2020
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor
Attest by Chris Johnson, City Clerk
STATE OF IDAHO, )
. ss.
County of Ada )
This record was acknowledged before me on 3-17-2022 (date) by
Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in
their capacities as Mayor and City Clerk, respectively.
(stamp)
Notary Signature
My Commission Expires: 3-28-2022
Sanitary Sewer and Water Main Easement REV.01/01/2020
Meridian City Council Meeting Agenda March 17,2020— Page 87 of 226
EXHIBIT A
DESCRIPTION FOR
PREVAIL SUBDIVISION NO. 1
CITY OF MERIDIAN SEWER AND WATER LINE EASEMENT
A portion of Government Lot 2 of Section 31, T.3N., R.1E., B.M., Meridian, Ada County,
Idaho more particularly described as follows:
Commencing at the W1/4 corner of said Section 31 from which the NW corner of said
Section 31 bears North 00"37'56" East, 2641.54 feet;
thence along the West boundary line of said Section 31 North 00037'56" East, 1,320.77
feet to the NW corner of said Government Lot 2;
thence leaving said West boundary line and along the North boundary line of said
Government Lot 2 North 89039'29" East, 1,061.96 feet;
thence leaving said North boundary line South 00030'44" West, 119.26 feet to the REAL
POINT OF BEGINNING;
thence continuing South 00030'44" West, 182.18 feet;
thence North 77017'13"West, 34.29 feet;
thence North 00031'21" East, 174.42 feet;
thence North 89°38'19" East, 33.49 feet to the REAL POINT OF BEGINNING.
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Page 1 of 1
Meridian City Council Meeting Agenda March 17,2020— Page 88 of 226
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9955 W.EMERALD ST. PREVAIL SUBDIVISION NO. 1 SHEET NO.
SURVEY 8S 0E,IDAHO83704 CITY OF MERIDIAN WATER & SEWER LINE EASEMENT 1
GROUP, LLC LOCATED IN GOVERNMENT LOT 2 OF SECTION 31, 13N., RAE., B.M., DWG. DATE
ADA COUNTY, IDAHO 2/10/2020
Meridian City Council Meeting Agenda March 17,2020- Page 89 of 226