Prevail Subdivision No. 1 Water Main Easement No. 3 (2020-059697) ADA COUNTY RECORDER Phil McGrane 2020-059697
Project Name(Subdivision): BOISE IDAHO Pgs=5 VICTORIA BAILEY 05/20/2020 01:56 PM
Prevail Subdivision No. CITY OF MERIDIAN, IDAHO NO FEE
Water Main Easement Number: 3
Identify this Easement by sequential number if Project contains
more than one Water Main easement.
(See Instructions for additional information).
WATER MAIN EASEMENT
THIS Easement Agreement, made this 19th day of May , 20 20 betweenJose and Maria Aseguinolaza
("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 easement for the operation and maintenance of water mains
over and across the following described property:
(SEE ATTACHED EXHIBITS A and B)
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 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.
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
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Meridian City Council Meeting Agenda May 19,2020- Page 26 of 150
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 relinouished.
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: Jose & Maria Asequinolaza
Jose and Maria Asequinolaza
t�
STATE OF IDAHO )
) ss
County of Ada )
O
This record was acknowledged before me on Ap (date) by Matias Aseguinolaza
(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 Jose and Maria Aseguinolaza
(name of entity on behalf of whom record was executed), in the following representative
capacity: Power of Attorney (type of authority such as officer or trustee)
a ERT C"
n
COMMISSION#25573 l�t�V
NOTARY PUBLIC Notary Ognature
STATE OF IDAHO 3 ,8 o2�p
[MY COMMISSION EXPIRES 03/18J2028 My Co ission Expires:
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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 5-19-2020 (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
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Meridian City Council Meeting Agenda May 19,2020— Page 28 of 150
EXHIBIT "A"
DESCRIPTION FOR
CITY OF MERIDIAN WATER LINE EASEMENT
PREVAIL SUBDIVISION
A portion of Government Lot 2 of Section 31, T.3N., R.1 E., B.M., 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 East-West centerline of said Section 31 North 89°57'28" East,
60.94 feet to a point on the East right-of-way line of S. Meridian Road, said point being
the REAL POINT OF BEGINNING;
thence leaving said East-West centerline and along said East right-of-way line
25.00 feet along the arc of a curve to the right, said curve having a radius of 57,235.78
feet, a central angle of 00001'30" and a long chord which bears North 00°18'59" East
25.00 feet
thence leaving said East right-of-way line North 89057'28" East, 798.72 feet to a
point on the easterly boundary line of that parcel of land as described in a Warranty
Deed, recorded as Instrument No. 8845594, records of Ada County Idaho;
thence along said easterly boundary line South 05035'32" East, 25.12 feet to a
point on the East-West centerline of said Section 31;
thence along said East-West centerline South 89057'28" West, 801.30 feet to
the REAL POINT OF BEGINNING.
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Meridian City Council Meeting Agenda May 19,2020— Page 29 of 150
S25 S30
S36 S31
PREVAIL SUBDIVISION NO. 1
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60.94'
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S89'57'28"W 801.30' C-W1/16
OF BEGINNING
S36 S31 REAL POINT N89'57'28"E�
326.22'
CURVE TABLE
CURVE RADIUS LENGTH CHORD DIST. CHORD BRIG. DELTA
C1 57235.78 25.00 25.00 NO'18'59"E 0'01'30"
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25 100 400
0 50 200 600
SCALE: 1 " = 200'
r 50, TH 5` 020 3:
NO
IDAHO EXHIBIT "13 " DRAWING FOR 79 15.
9955 W.EMERALD ST. CITY OF MERIDIAN WATER LINE EASEMENT SHEET NO.
SURVEY BOI 840-8570 SE 704
(208) PREVAIL SUBDIVISION SUBDIVISION
�8570
GROUP L LC LOCATED IN GOVERNMENT LOT 2 OF SECTION 31, T.3N., R.IE., B.M., DWG. DATE
ADA COUNTY, IDAHO 4/15/2020
Meridian Uty Council Meeting Agenda May 19,2020— Page 30 of 150