Linder Village Subdivision Water Main Easement No. 2 (2021-014151) ADA COUNTY RECORDER Phil McGrane 2021-014151
BOISE IDAHO Pgs=6 KRISTINA LOWRY 01/27/2021 10:29 AM
Project Name(Subdivision): CITY OF MERIDIAN, IDAHO NO FEE
Linder Village Subdivision
Water Main Easement Number: #2
Identify this Easement by sequential number if Project contains
more than one Water Main easement.
(See Instructions for additional information}.
WATER MAIN EASEMENT
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THIS Easement Agreement, made this 26th day of January , 20 21 between Winco Fnods, I I C
("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee");
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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 I
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:
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(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.
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TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's
successors and assigns forever.
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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
Water Main Easement Version 01/01/2020
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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: WINCO FOODS, LLC
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on 1 a3 (date) by t��ex-,C K' b
(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 W PC t-C
(name of entity on behalf of whom record was executed), in the following represent tive
capacity: .Sr. (type of authority such as officer or trustee)
O'TA.RY Notary Signature
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p LZG My Commission Expires: ct
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GRANTEE: CITY OF MERIDIAN
Robert E. Simison,Mayor 1-26-2021 j
Attest by Chris Johnson, City Clerk 1-26-2021
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STATE OF IDAHO, )
ss.
County of Ada )
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This record was acknowledged before me on 1-26-2021 (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk, respectively.
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Notary Signature
My Commission Expires: 3-28-2022
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Water Main Easement Version 01/01/2020 Page 82
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e,FOX
engineeringhw a, F. ..3 Exhibit A: --
Linder Village Subdivision —Water Easement No. 2
A portion of land within the Midway Place Subdivision, recorded in Book 1 of Plats at Page 33 of the
Ada County Records, in the North 1/2 of Northwest 1/4 of Section 25, Township 4 North, Range 1
West, Boise Meridian, City of Meridian, Ada County, Idaho, a portion of the Grantor's parcels (granted
under Warranty Deed Instrument No. 104009792 and Warranty Deed Instrument No. 11106778) more
particularly described as follows:
COMMENCING at the Corner of Sections 23, 24, 25 and 26, monumented with a found Aluminum Cap
as shown on CP&F Record 2017-072470 from which the Quarter Corner common to Sections 24 and 25
monumented with a 2" Aluminum Cap as shown on CP&F Record 2017-072469 bears South 89' 22' 30"
East, 2669.54 feet;
A. Thence South 00°55'10" West, 1328.81 feet to the Southwest Corner of the North 1/2 of the
Northwest 1/4 monumented with a found 5/8" rebar with cap "PLS 7612";
B. Thence along the South line of the North 1/2 of the Northwest 1/4 (the North 1/16th line),
South 89025'01" East, 48.50 feet to the Easterly Right-of-Way of N. Linder Road and the
Westerly boundary line of said Grantor's parcel, monumented by a found 5/8-inch rebar with
cap stamped "PLS 7612";
C. Thence North 37°35'10" East, 408.28 feet to the Easterly line of a proposed Water and Sewer
Easement, the POINT OF BEGINNING;
1. Thence along said Easterly line, North 21'52'04" West, 20.00 feet;
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2. Thence North 67°57'32" East, 59.53 feet;
3. Thence South 89°20'01" East, 213.60 feet;
4. Thence South 00°49'57" West, 33.89 feet to the proposed common line of Lots 2 and 12, Block 1 of
Linder Village Subdivision;
5. Thence along said common line North 89°09'10" West, 20.00 feet;
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6. Thence North 00°49'57" East, 13.83 feet;
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1(1/<I�ei i a25e4f1f'.ii3 J\i ) 2 3020 04_1A
680 S. Pr%),re_;s "�,ve" Suite tt2B o Merk_-Han, Idaho 8'3642 fe+ 08 3 i.� /95 Web: hn-Ji 11c..corn
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7. Thence North 89°20'01" West, 185.44 feet;
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8. Thence South 21052'04" East, 20.54 feet to said common line of said Lots 2 and 16;
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9. Thence along said common line South 67°33'54" West, 20.00 feet;
10. Thence North 21°52'04" West, 22.25 feet;
11. Thence South 67°57'32" West, 39.35 feet to the POINT OF BEGINNING.
Containing 6,100 square feet or 0.140 acres, more or less.
Please reference the attached "Water Easement No. 2"sketch.
END OF DESCRIPTION.
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Prepared by:
Timothy J. Fox, ID PLS 7612
Senior Project Manager ; nv/�✓��.
TJF:JR �.�d'�i• �r`
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