Linder Village Water Main Easement No. 1 (2020-073862) Project Name(Subdivision): ADA COUNTY RECORDER Phil McGrane 2020-073862
Linder Village BOISE IDAHO Pgs=6 NIKOLA OLSON 06/17/2020 02:43 PM
CITY OF MERIDIAN, IDAHO NO FEE
Water Main Easement Number: 1
Identify this Easement by sequential❑umber if Project contains
more than one Water Main easement.
(See Instructions for additional information).
WATER MAIN EASEMENT
THIS Easement Agreement, made this 16th day of June 20 20 between DWT INVESTMENTS
LLC and THE THOMAS W. TOMLINSON ADMINISTRATIVE TRUST UNDER THE TOMLINSON
FAMILY TRUST DATED 4/7/1982 (collectively"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 June 16,2020— Page 92 of 223
Proiect Name(Subdivision):
Linder Village
Water Main Easement Number:
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 16th day of June , 20 20 between DWT INVESTMENTS
LLC and THE THOMAS W. TOMLINSON ADMINISTRATIVE TRUST UNDER THE TOMLINSON
FAMILY TRUST DATED 4/7/1982 (collectively"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 June 16,2020— Page 92 of 223
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: DWT Investm is LLC,by Brighton Corporation, Its Manager
By:
1 of
Rob rt L.Phillips, President
THOMAS W. OMLINSO ADMINISTRATIVE TRUST UNDER
THE TOM S N F T DATED 4/7/1982
By:
l/� ADav*v' / Turnbull,Co-Trustee
STATE OF IDAHO ) By. I4
Mark W.Lindsay,C -Trustee
:ss.
County of Ada )
This record was acknowledged before me orl _,2020,by Robert L.Phillips,President on behalf of Brighton Corporation in
the following representative capacity: Manager.
SHARI VAUGHAN
Notary Public-State of IdIL
ryPublicCommission Number 2018 STATE OF IDAHO ) My Commission Expires Jun ommission expires:
:ss.
County of Ada )
This record was acknowledged before me on LtAf, PL 2020,by David W.Turnbull,on behalf of Thomas W.Tomlinson Administrative Trust
Under the Tomlinson Family Trust dated 4/7/1982 the following representative capacity: Co-Trustee.
SHARIVAUGHAN
E
ry Public-State of 71da
ission Number 20181fflbtary ublic
STATE OF N 0 mission Expires Jun 1, 99,2& ission expires: 0�0 01
:ss.
County of
This record was acknowledged before me ortj Lt Af, �s 2020,by Mark W.Lindsay on behalf of Thomas W.Tomlinson Administrative Trust Under
the Tomlinson Family Trust dated 4/7/1982 the following representative capacity: Co-Trustee.
►4.r
SHARIVAUGHAN
Notary Public-State of Idaho Notary Public
Commission Number 20181002 My commission expires: tp
My Commission Expires Jun 1,2024
Water Main Easement Version 01/01/2020
Meridian City Council Meeting Agenda June 16,2020— Page 93 of 223
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 6-16-2020 (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Cleric, respectively.
(stamp)
Notary Signature
My Commission Expires: 3-28-2022
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PROJECT NAME(Subdivision) January 8, 2020
Linder Village
8,807.08 Sq. Ft (0.202 Acres) Total
Page 1 of 2
Exhibit A
WATER MAIN EASEMENT NUMBER: 1
A parcel of land being a portion of the parcel described in General Warranty Deed Instrument No. 108136461,
as filed in the Ada County Recorder's Office, located in the NW1/4 NEIA of Section 25, Township 4 North,
Range 1 West,Boise Meridian, Ada County,Idaho,more particularly described as follows:
COMMENCING at the northeast Section Corner of Section 25,Township 4 North,Range 1 West,
monumented by a 3.5"Brass cap, (Corner Perpetuation and Filing Record Instrument No. 2017-072471),from
which the north quarter comer of said Section 25,Township 4 North,Range 1 West, monumented by a 2.0"
Aluminum cap,PLS 10729 (Corner Perpetuation and Filing Record Instrument No. 2017-072469),bears North
89°37'10"West, a.distance of 2669.44 feet;
Thence North 89'37'10"West, coincident with the north line of the NE1/4 of Section 25, a distance of 2669.44
feet to north quarter corner of said Section 25;
Thence South 00'32'16"West, a distance of 40.00 feet to a point on the southerly Right-of-Way line of US
20/26(Chinden Blvd), and the northwest corner of the parcel described in said General Warranty Deed; z
Thence South 00'32'16" West, coincident with the westerly line of said parcel, a distance of 516.05 feet to the
POINT OF BEGINNING;
Thence South 89°22'04"East,a distance of 97.79 feet;
Thence North 00°37'56"East, a distance of 11.53 feet;
1
i
Thence South 89°22'04"East, a distance of 20.00 feet; t
Thence South 00°3756"West, a distance of 11.53 feet;
Thence South 89°22'04"East, a distance of 25.30 feet;
Thence North 00°37'56"East, a distance of 50.00 feet;
Thence South 89°22'04"East, a distance of 20.00 feet;
Thence South 00°37'56"West, a distance of 50.00 feet;
Thence South 89°22'04"East, a distance of 2.17 feet;
Thence North 79°22'56"East,a distance of 26.03 feet;
Thence North 68°07'56"East, a distance of 91.73 feet;
3
Meridian City Council Meeting Agenda June 16,2020— Page 95 of 223
PROJECT NAME (Subdivision) January 8,2020
Linder Village
8,807.08 Sq. Ft(0.202 Acres) Total
Page 1 of 2
Thence North 56°52'56" East, a distance of 36.72 feet;
Thence North 68°07'56"East, a distance of 54.38 feet, to the westerly Right-of-Way line ofN. Fox Run Way, j
and the beginning of a non-tangent curve to the left;
Thence southeasterly along the arc of said curve to the left,coincident with said Right-of-Way line, an arc
distance of 20.10 feet, said curve having a radius of 179.50 feet, a central angle of 06°24'59", and a chord
bearing of South 27119'24"East a distance of 20.09 feet;
Thence South 68°07'56"West, a distance of 54.38 feet;
E
Thence South 56°52'56" West,a distance of 36.72 feet;
Thence South 68°07'56" West,a distance of 95.67 feet;
Thence South 79°22'56" West, a distance of 29.97 feet;
Thence North 89°22'04" West, a distance of 167.20 feet to the westerly line of said parcel;
Thence North 00°32'16"East, coincident with said westerly line, a distance of 20.00 feet to the POINT OF
BEGINNING.
The above described parcel contains 0.202 acres or 8,807 square feet,more or less.
Together with and subject to covenants, easements and restrictions of record.
The basis of bearings for this parcel is Grid North,Idaho State Plane Coordinate System.
Andrew Kem e P.L.S. License No. 11778
End of Descriptions /� /17
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Meridian City Council Meeting Agenda June 16,2020— Page 96 of 223
Exhibit B
SKETCH FOR LEGAL EXHIBIT
WATER MAIN EASEMENT No. 1
A PARCEL OF LAND BEING A PORTION OF THE PARCEL
DESCRIBED IN GENERAL WARRANTY DEED INSTRUMENT NO, 108136461
LOCATED IN THE NW114 NE114 OF SECTION 25, T. 4 N., R. 1 W., BOISE MERIDIAN,
ADA COUNTY, IDAHO
2020
POINT OF
COMMENCEMENT
WSECTIONCORNER NI/4CORNER US20f26(CENDENBLVD) NE SEC77ON CORNER
SECTION 25 SEC7701V 25 SEC77ON 25
N89'22'30"W 2669.58' N89'37'10"W 2669.44'
S00'32'16"W
40.00'
LINE BEARING DISTANCE
L1 S89'22'04"E 97.79'
L2 N00'37'56"E 11.53'
L3 S89'22'04"E 20,00'
L4 S00'37'56"W 11,53'
L5 S89'22'04"E 25.30'
L6 Nd0'37'56"E 50.00'
C
� L7 S89'22'04"E 20,00' 3
L8 S00'37'56"W 50.00'
N is
L9 S89'22'04"E 2.17' k
3 — —
io 1-10 N79'22'56"E 26.03' Z
Ni L11 N68'07'56"E 91.73' NOT TO SCALE
0
�NpL LANpS o
G,S T ZRCL
�o�i,QLtn
11778 0 f0.202 Ac.
8,807.08 s.f. N68'07'56"E C1
54.38' A= 006'24'59"
q F OF � N56'52'56"E T= 10.06'
W MQ L7 36.72' R= 179.50'
C1 L= 20.10'
1-3 L6 L8 Lt1 CH= S27'19'24"E
( 7 f L5 1-9 LC= 20.09'og z PPOINTOF L1 L2 L10
BEGINNING L4
N00'32'16"E
20.00' N89'22'04"W S68'07'56"W
167.20' S79'22'56"W S68'07'56"W 54,32'
95.67' S56'52'56"W
Wflpdkific 29 97 36.72'
2141 W.Airport Way,Ste 104
Boise,ID 83705
208-342-400
www.whpacific.00m
Meridian City Council Meeting Agenda June 16,2020— Page 97 of 223