Fowler Orthodontics ESMT-2021-0038 Water Main Easement (2021-164699) ADA COUNTY RECORDER Phil McGrane 2021-164699
BOISE IDAHO Pgs=5 CHE FOWLER 11/17/2021 10:42 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2021-0038 Fowler Orthodontics
WATER MAIN EASEMENT
THIS Easement Agreement, made this 16th day of November20 21 between Fowler Capital LLC
("Grantor"),and the City of Meridian,an Id`aho 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
Water Main Easement Version 0 1/0 1/2020
Item#1.
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:
Fowler Capital LLC
Br9n"d`o`n Fowler, Manager
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on t 1 2 (date) by Brandon Fowler
(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 Fowler Capital 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)
(stamp) `
RAY M PARKINSON Not/dry Siinature
7gP M Commission Expires:
I l o Z�2vL
NOTARY PUB�.IC Y p
STATE OF IOAHO
Water Main Easement Version 01/01/2020 Page 6
GRANTEE: CITY OF MERIDIAN
Robert E. Simison,Mayor 11-16-2021
Attest by Chris Johnson, City Clerk 11-16-2021
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 11-16-2021 (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk, respectively.
(stamp)
Notary Signature
My Commission Expires: 3-28-2022
Notary for Idaho
Residing in Meridian, Idaho
Water Main Easement Version 01/01/2020 Page 7
Item#1.
TEALEY'S LAND 12594 W. Explorer Drive, Suite 150 • Boise, Idaho 83713
SURVEYING (208) 385-0636
El Fax (208) 385-0696
Project No.: 4817 EXHIBIT "A"
Date: April 12, 2021
DESCRIPTION OF
MERIDIAN WATER MAIN EASEMENT
FOR
FOWLER ORTHODONTICS
A parcel of land being a portion of Lot 10 of Block 4 of Bonito Subdivision No. 2 as
on file in Book 92 of Plats at Pages 10877 through 10879 in the Office of the Recorder for
Ada County, Idaho, said parcel being situated in the NE 1/4 of Section 20, T.3N., R.1E.,
B.M., Meridian, Ada County, Idaho and more particularly described as follows:
COMMENCING at the Northeast corner of said Section 20, marked by a brass cap;
thence along the East line of said Section 20
South 00014'50"West 1267.09 feet to a point on the extended North line of said Lot
10; thence leaving said East line along said extended North line and the North line of said
Lot 10
North 90°00'00"West 178.70 feet to the Northwest corner of said Lot 10; thence
along the West line of said Lot 10
South 00000'00"West 44.50 feet to the POINT OF BEGINNING; thence leaving said
West line at right angles
North 90°00'00" East 18.00 feet to a point; thence along a line parallel with said West
line
South 00°00'00"West 10.00 feet to a point; thence at right angles
South 90'00'00"West 18.00 feet to a point on said West line; thence along said
West line
North 00000'00" East 10.00 feet to the POINT OF BEGINNING
Said Parcel Contains 180 Square Feet(0.004 Acre), more or less.
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Page 8
Item#1.
EXHIBIT "B"
CITY OF MERIDIAN WATER EASEMENT 17 16
FOR FOWLER ORTHODONTICS E. OVERLAND ROAD
q,L T4N� D IN LOT 10, BLOCK 4, BONITO SUB. No. 2 20 21
�L IN THE NE 1/4 OF SECTION 20, T.3N., R.IE., B.A..
MERIDIAN, ADA COUNTY, IDAHO
CD
434 a ,
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LOT 10 --- N 90.00'00' W 178.70' -
130,70' 0'E CORN
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TEALEY'S LAND SURVEYING
SCALE IN FEET
1" = 30' 12594 W. EXPLORER DRIVE, SUITE 150, BOISE. ID 83713
4817-Ease.dwg 04-12-21 08:05:16 dmarks 208-385-0636
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