Sherwin Williams Water Main Easement ESMT-2022-0267 (2023-000323) ADA COUNTY RECORDER Phil McGrane 2023-000323
BOISEIDAHO Pgs=6 VICTORIA BAILEY 01/04/2023 09:15 AM
CITY OF MERIDIAN, IDAHO NO FEE
Esmt-2022-0267 Sherwin Williams
Water Main Easement No. 1
WATER A11AIN EASEMENT
THIS Easement Agreement, made this 3rd day of January - 2023)etween Yick Yee Family Company, LLP
("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
Water Main Easement Version 01/01/2020
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:
/L ACHARY ZIGICH
NOTAR:NO:TARY
LIC-STATE Of COLORADO
ID 20144046359
STATE OF Colorado ) MY COON EXPIRES MAR 19, 2025
) ss
County of Larimer )
This record was acknowledged before me on i I zZ /z (date) by L- yv�
(name of individual), [complete the.foll011�i77g if sig77ing in a represe77'twe cap, city or strike
thef0110Wi17g if sig77i77g i17 rn7 in hl4dual capacity] on behalf of a�f "ra.n I �U�^l
(name of entity on behalf of whom record was executed), in the following represents ive
capacity: (type of authority such as officer or trustee)
(stamp)
Notary 5igbatturl— �y
My Cffmmission Expires:,J!V,"-� -, od S
Water Main Easement Version 01/01/2020
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 1-3-2023
Attest by Chris Johnson, City Clerk 1-3-2023
STATE OF IDAHO, )
ss.
County of Ada )
This record was acknowledged before me on 1-3-2023 (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk, respectively.
Notary Signature
My Commission Expires: 3-28-2028
Water Main Easement Version 01/01/2020
km
E N G I N E E R I N G
December2, 2022
Project No.22-120
City of Meridian Water Easement
Legal Description
Exhibit A
A parcel of land for a City of Meridian Water Easement over a portion of Lot 8, Block 1 of McNelis Subdivision
(Book 100 of Plats, Pages 13,802-13,804), situated in the Southeast 1/4 of the Southeast 1/4 of Section 34,
Township 4 North, Range 1 West, B.M.,City of Meridian,Ada County, Idaho and being more particularly
described as follows:
Commencing at a found 5/8-inch rebar on the centerline of North Burley Avenue,which bears N00°52'40"E a
distance of 361.84 feet from a found 5/8-inch rebar marking the intersection of the centerline of North Burley
Avenue and the southerly boundary line of said McNelis Subdivision;
Thence S89°07'19"E a distance of27.00 feet to a found aluminum cap on the easterly right-of-way line of said
North Burley Avenue;
Thence following said easterly right-of-way line,7.69 feet along the arc of a curve to the right,said curve
having a radius of 373.00 feet, a delta angle of 01°10'51", a chord bearing of N01°28'06"E,and a chord
distance of 7.69 feet to the POINT OF BEGINNING.
Thence following said easterly right-of-way line,27.52 feet along the arc of a curve to the right, said curve
having a radius of 373.00 feet, a delta angle of 04°13'41",a chord bearing of N04°10'23"E,and a chord
distance of 27.52 feet to the southerly line of an existing City of Meridian easement as described per
Instrument No.108022167;
Thence leaving said easterly right-of-way line and following said southerly easement line,S89°07'20"E a
distance of 20.59 feet;
Thence leaving said southerly easement line,S00°52'40"W a distance of 27.47 feet;
Thence N89°07'20"W a distance of 22.18 feet to the POINT OF BEGINNING.
Said parcel contains 592 square feet,more or less, and is subject to all existing easements and/or rights-of-way
of record or implied.
All subdivisions,deeds,records or surveys,and other instruments of record referenced herein are recorded
documents of the county in which these described lands are situated.
Attached hereto is Exhibit B and by this reference is made a part hereof.
NL LAND
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ADJACENT BOUNDARY LINE
x — — — EXISTING EASEMENT LINE
PROPOSED EASEMENT
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E N G I N E E R I N G .
25 57ZS NORTH DISCOVERY WAY
X BOISE,IDAHO 83713
i PHONE(208)639-6939 Exhibit B
W I;mengllp.com City of Meridian Water Easement
D DATE: November 2022
PROD ET: 22-120
SHEET: A portion of Lot 8, Block 1, McNelis Subdivision, situated in the SE 1/4 of the
1 OF 1 SE 1/4 of Section 34, T4N., R1W., B.M., City of Meridian, Ada County, Idaho
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Title: TDat;.712-02-2022
Scale: 1 inch= 10 feet File:
Tract 1: 0.014 Acres: 592 Sq Feet: Closure=s67.3509e 0,01 Feet: Precision=1/11123: Perimeter= 98 Feet
001:RI.R=373.00.Delta-04.1341 QQ3=S00.J2401�+27.47
BnL—n04.1023e,Chd-27.52
002=s89.0720e 20.59 004=n89.0720w 22.18