Foxcroft Subdivision ESMT-2023-0011 Water Main Easement No. 1 (2023-007755) ADA COUNTY RECORDER Trent Tripple 2023-007755
BOISE IDAHO Pgs=5 LINDSAY WHEELER 02/08/2023 09:18 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2023-0011 Foxcroft Subdivision
Water Main Easement No. 1
WATER MAIN EASEMENT
THIS Easement Agreement, made this 7th day of February, 20 23 between � Odl lCF•� �5,
("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 t
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. i<
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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.
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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 k
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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:
STATE OF IDAHO ) I
) ss
County of Ada )
This record was acknowledged before me on In,W,)Ol 'date) by_ .rl�l
(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 _OD9, Dba,,fje^¢r. lj-r,
(name of entity on behalf of whom record was executed), in the following representative
capacity: /1/We^4,bP-1- (type of authority such as officer or trustee)
(stamp) 4
Notary Signature
AOAIR KOLTES My Commission Expires:_P) -)6A
Notary Public- State of Idaho
Commission Number 30052
My Commission Expires 06-05-2028
Water Main Easement Version 01/01/2020
GRANTEE: CITY OF MERIDIAN
Robert E. Simison,Mayor 2-7-2023
Attest by Chris Johnson, City Clerk - - 023
STATE OF IDAHO, )
: ss.
County of Ada j
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.
(stamp)
Notary Signature
My Commission Expires: 3-28-2028
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Water Main Easement Version 01/01/2020
Exhibit A
Description for
Water Main Easement
Foxcroft Subdivision
January 7, 2023
A portion of the Northeast 1/4 of the Southeast 114 of Section 10, Township 3
North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho more
particularly described as follows:
Commencing at the Center 1/4 corner of said Section 10 from which the East
1/4 corner of said Section 10 bears South 89036'02" East, 2655.68 feet;thence on the
east-west centerline of said Section 10, South 89°36'02" East, 1,682.06 feet;thence
leaving said east-west centerline, thence South 00023'58" West, 43.78 feet to the south
right-of-way line of W. Pine Avenue and the POINT OF BEGINNING;
thence on said south right-of-way line, North 8719'37" East, 20.03 feet;
thence leaving said south right-of-way line, South 00023'58" West, 21.05 feet;
thence North 89°36'02"West, 20.00 feet;
thence North 00023'58" East, 19.98 feet to the POINT OF BEGINNING.
Containing 410 square feet or 0.01 acres, more or less.
End of Description.
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Exhibit B
Scale: t"=204'
0 50 100 200 400
n� VIPER
INVESTMENTS
LLC
tier, BASIS OF BEARING
S8936'02"E 2655.68' ..
Point of L1 �
1682.06' _�EEEBeginning L2-973.61' 1 4
W. Pine Ave.
C 1/4 S,YO 5,11
SA O L5 L4 L3
-ci
OPEN DOOR
COREY RENTALS LLC
BARTON a�i
MILE HIGH r-
�? -� PINES SUB. z
oNNL LA LINE TABLE
5� �%cE.NS `� ` LINE BEARING LENGTH_
o L1 SO'23'58"W 43.78
11 T23
9 � L2 N87'19'37"E 20.03
L,VZ j
`QQ L3 SO.23'58"W 21.05
0 of o
YM M cC N L4 N89'36'02"W 20.00
L5 NO'23'5B"E 19.98
EXHIBIT DRAWING FOR roe IDAHO 2'-159
9955 W EMERALD ST. WATER MAIN EASEMENT SHEET NO.
SURVEY
BOISE,M HOa070a 1208)US-8570 FOXCROFT SUBDIVISION
y, L
GROUP, LLC A PORTION OF THE NEl/4 OF THE SE7/4 OF SECTION 10. T.3N., R.M. D,M, OWO. DATE
CITY OF MERIDIAN, ADA COUNTY. IOAHO 1/7/2023