Volterra North Commercial Subdivision Water Main Easement (2017-113230) 7/15/2020 i
ADA COUNTY RECORDER Christopher D. Rich
2017-113230
BOISE IDAHO Pgs=5 CHE FOWLER 11/28/2017 11:07 AM
CITY OF MERIDIAN, IDAHO NO FEE
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WATER MAIN EASEMENT
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THIS INDENTURE,made this day of AtV. , 20V between_Bridgetower Investments,L!,p
the parties of the first pant, and hereinafter called the GRANTORS, and the City of Meridian,Ada
County,Idaho,the party of the second part, and hereinafter called the GRANTEE;
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WITNESSETH:
WHEREAS, the GRANTORS desire 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 an underground pipeline to be
constructed by others; and
WHEREAS, it will be necessary to maintain, service and subsequently connect to said
pipeline from 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 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, together with their maintenance, repair, replacement and
subsequent connection 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,performing maintenance,replacements or subsequent connections
to the water mains, GRANTEE shall restore the area of the easement and adjacent property
to that existent prior to undertaking such procedures. 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.
Water Main Easement REV. 08/15/16,doe
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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.
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:
Manager
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398 E. Copper Ridge St.
Meridian,ID 8364
STATE OF IDAHO
ss.
County of Ada )
On this '' day of W0VQMkV.x" ,20j"-,before me the undersigned,a notary public in and for said
state personally appeared M ti 44- fAtt tNum known or identified to me to be the
MOuNdAfA of the Limited Liability Company that executed the instrument or the person
who executed the instrument on behalf of said Limited Liability Company and acknowledged to me that
such Limited Liability Company executed the same.
In witness whereof,I have hereunto set my hand and seal the day and year in this certificate first above
written.
'y��uceer►aresa
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NOTARY PUBLIC FOR IDAHO
® Residing at: l
G Commission Expires: 311*11)
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Water Main Easemetl►,��.gl°E OF �P�`6�'e REV. 08/15/16.doc
GRANTEE: CITY OF MERIDIAN
Tammy e d,Mayor
Att&by CJ4 Coles,City Clerk
Approved By City Council On: // >17
STATE OF IDAHO,
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County of Ada
On this day of MbgtLbg.A 201,before me,the undersigned, a Notary
Public in and for said State,personally appeared Tammy de Weerd and C.Jay Coles,known
to me to be the Mayor and City Cleric,respectively,ofthe 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.
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NOTARY PUBLIC FOR IDAHO
Residing at: -JY-)QXA dUo,,. d cUA C5
Commission Expires: 4n,�LD
Water Main Easement REV.08/15/16.doe
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PARCEL DESCRIPTION Date: October 31,2017'
CITY OF MERIDIAN WATER EASEMENT`
A parcel of land being a portion of the NE1/4 NE1/4 of Section 34,Township 4 North,
Range 1 West,Boise Meridian, City of Meridian,Ada County,Idaho,more particularly
described as follows:
COMMENCING at the NE corner of said Section 34,monumented by a 5/8"rebar
(Corner,Record No. 108122909) from which the N 1/4 corner of said Section 34,, �
monumented by a 5/8"rebar with plastic cap,illegible(Coiner Record No. 2015-
079244),bears North 88°5629"Nest, a distance of 2654.64 feet;
Thence North;88°56'29" West, coincident with the north line of the N1/4 of said Section
34, a distance of 549.65 feet;
Thence South 01°03'31"West,perpendicular to said north line, a:distance of 25.00 feet
to the northwest corner of Lot 2,Block 1 of the Proposed Volterra North Subdivision,
being a point on the southerly right of way line of W. McMillan Road and the POINT
OF BEGINNING;
Thence South.88°56'29"East, coincident with said southerly right of way line,a distance
of 22.00 feet,
Thence South 01°04'06"West,parallel with and offset 22.00 feet easterly of the westerly
line of said Lot 2, a distance of 27.00 feet;
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Thence North$8°56'29"West,parallel with and offset 22.00 feet southerly of said
southerly right of way line, a distance of 22.00 feet to said westerly line;
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Thence North 01°04'06"East, coincident with said westerly line,a distance of 27.00 feet
to the POINT OF BEGINNING.
The above described parcel contains 594 square feet or 0.014 acres,more or less.
Together with and subject to covenants,easements, and restrictions of record.
The basis of bearings for this parcel is North 8'8°56'29"West between the NE'corner and
the Nl/4 corner of Section 34.
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Kevin M. Borah P.L.S. 0 License No. 10561
End of Description
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SKETCH FOR LEGAL EXHIBIT
CITY OF MERIDIAN WATER EASEMENT
A PARCEL OF LAND BEING A PORTION OF
THE NE114 NE114 OF SECTION 34 T. 4 N., R. 1 W., BOISE MERIDIAN,
CITY OF MERIDIAN, ADA COUNTY, IDAHO
201'7
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e _ N88'56'29"W" 2654:64'
N1/4 CORNER a 549.65' POW OF
SECTION 34 COAWAIMAMNT'
NE CORNER
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W. McMILLAN RD. SECTION34
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PROPOSED
VOLTERRA NORTH
COMMERCIAL SUBDIVISION
BLOCK 1
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2141yr Airport Way,Sle 104
Boise,ID 83705
208442-5460 Fax 208-342-5353 NOT TO SCALE
vmw.whpacific.com I.S.P.C.S., GRID NORTH