ACHD ESMT-2023-0017 Facility at 2023 Franklin Rd (2023-007825) ADA COUNTY RECORDER Trent Tripple 2023-007825
BOISE IDAHO Pgs=6 HEATHER LUTHER 02/08/2023 11:46 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2023-0017 ACHD Facility at 2023 Franklin Road
Water Main Easement
WATER MAIN EASEMENT
THIS Easement Agreement is made thislh_day of Febuary , 20 23 between the Ada County
Highway District,a body politic and corporate of the State of Idaho("Grantor"),the City of Meridian,an
Idaho municipal corporation("City"),and Veolia Water Idaho, Inc., an Idaho corporation("Veolia").
City and Veolia shall be referred to collectively as "Grantees"herein.
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 mains, interconnect vault, and appurtenances are to be constructed by
others; and
WHEREAS, it will be necessary for Grantees to maintain and service said water mains,
interconnect vault, and appurtenances from time to time;
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
Grantees the right-of-way for a non-exclusive easement for the operation and maintenance of
said water mains,interconnect vault,and appurtenances 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,
an interconnect vault, and appurtenances, together with their maintenance, repair and
replacement at the convenience of the Grantees, with the right of access, with notice provided
to the Grantor as practicable,to such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantees, their
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that
after making repairs or performing other maintenance, Grantees shall restore the area of the
easement and adjacent property to that existent prior to undertaking such repairs and
maintenance. However, Grantees 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.
Water Main Easement Page 1
THE GRANTOR does hereby covenant with the Grantees 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
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on ►� ,1� (date) by .k�, •1 t'�.�:�T�.J
(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 tytN C,�,
(name of entity on behalf of whom record was executed), in the following representative +D\�`q.,�
capacity: \� _. � ivL +pe of authority such as officer or trustee)
(stamp)
�••� P 6AK��ti, Notary Signature
�5••.•••••••.••F My Commission Expires:
r.•�o?A R y,�A :.
ICa,
AY 0
No.20
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Water Main Easement Page 2
CITY OF MERIDIAN
Robert E. Simison,Mayor 2.7.2023
Attest by Chris Johnson, City Clerk 2.7.2023
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on 2 7 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 3-28-2028
My Commission Expires:
Water Main Easement Page 3
VEOLIA WATER IDAHO,INC.
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on '4'sha- (date) by
(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
(name of entity on behalf of whom record was executed), in the following representative
capacity: Ac^uca-(type of authority such as officer or trustee)
(stamp)
e,euem[�teara Notary S'gnature i
=`PAN® IC,+y0�.,�, My Commission Expires.CH l�-�_,
�. �-t;o. 2o2r
%C -j;0TAity o:Q
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OFSe��,,.
Water Main Easement Page 4
EXHIBIT A
WATER EASEMENT
FOR THE
CITY OF MERIDIAN, IDAHO
&VEOLIA WATER IDAHO
An easement located in the SW 1/4 of the SE 1/4 of Section 9, Township 3 North, Range 1 East,
Boise Meridian,and being a part of PARCEL IV as shown on Record of Survey No. 12070,recorded
as Instrument No. 2019-108209 in the office of the Recorder, Ada County, Idaho, more
particularly described as follows:
Commencing at an aluminum cap monument marking the southwesterly corner of said SW 1/4
of the SE 1/4, from which an aluminum cap monument marking the southeasterly corner of said
Section 9 bears S 89'14'44" E a distance of 2702.81 feet;
Thence S 89'14'44" E along the southerly boundary of said SW 1/4 of the SE 1/4 a distance of
1068.52 feet to a point on the extension of the westerly boundary of said PARCEL IV;
Thence leaving said southerly boundary N 0'40'35" E along said extension a distance of 42.00
feet to a point marking the southwesterly corner of said PARCEL IV, said point being on the
northerly right-of-way of E. Franklin Road;
Thence S 89'14'44" E along the southerly boundary of said PARCEL IV and said northerly
right-of-way a distance of 60.00 feet to the POINT OF BEGINNING;
Thence continuing S 89'14'44" E a distance of 56.95 feet to a point;
Thence leaving said southerly boundary and said northerly right-of-way N 0'45'16" E a distance
of 35.00 feet to a point;
Thence N 89'14'44" W a distance of 57.00 feet to a point;
Thence S 0'40'35"W along a line 60.00 foot distant and parallel to the westerly boundary of said
PARCEL IV a distance of 35.00 feet to the POINT OF BEGINNING;
This parcel contains 1,994 square feet (0.046 acres an j is subject to any other easements,
existing or in use.
OWN, S.
Prepared by: Kyle A. Koomler, PLS O
Civil Survey Consultants;October 18, 2022 18780 0
EXHIBI T B
SKETCH TO ACCOMPANY WATER EASEMENT DESCRIPTION
FOR THE CITY OF MERIDIAN, IDAHO AND IE-OL IA WATER
IDAHO LOCATED IN THE SW 114 OF THE SE 114 OF
SECTION 9, TOWNSHIP J NORTH, RANGE I EAST, NOISE
114 MERIDIAN, ADA COUNTY, IDAHO
h
42.00'
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41
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POINT OF BEGINNING
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v S 0'40'35" W
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a PARCEL /V
h RECORD OF SURVEY
NO. 12070
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J5.00
N N 0145760 E EASEMENT
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18780
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CIVIL SURVEY CONSULTANTS, INC,
16 3 2893 SOUTH MERIDIAN ROAD
•- -- MERIDIAN, IDAHO 83642
15 JO (208)888-4312