Red Aspen Water Main Easement No. 1 ESMT-2023-0125 (2023-053909) ADA COUNTY RECORDER Trent Tripple 2023-053909
BOISE IDAHO Pgs=6 VICTORIA BAILEY 09/20/2023 10:45 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2023-0125 Red Aspen Water Main Easement No. 1
WATER MAIN EASEMENT
19th September ASPEN GROVE HOLDINGS, LLC
THIS Easement Agreement, made this _ day of P , 20 23 between
("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, its
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 shall not place or allow to be placed any
permanent structures or obstructions within the easement area that would interfere with
Grantee's use of said easement, including, but not limited to, buildings, trash enclosures,
carports, sheds, fences, trees, or deep-rooted shrubs.
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 Page 1 Version 04/17/2023
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:
- 10,le
STATE OF IDAHO )
ss
County of Ada )
This record was acknowledged before me on (date) by fiew Z1 C�
(name of individual), [complete the following if ign ng to a represen a ive capacity, or s ike
the following if signing in an individual capacity] on behalf of 1^ V e .. j 05
(name o tity on behalf of whom record was executed), in the fol owing representative
capacit : r4tler (type of authority such as officer or trustee)
(stamp)
Notary Signature
FMICHELER.AUMILLER My Commission Expires:SION#68611
Y PUBLIC
OF IDAHO
�r EXPIRES 1 010 7120 2 8
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GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 9-19-2023
Attest by Chris Johnson, City Clerk 9-19-2023
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 9-19-2023 (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
Water Main Easement Page 3 Version 04/17/2023
km
E N G I N E E R I N G
July 28,2022
Project No.21-152
City of Meridian Water Easement
Legal Description
Exhibit A
A parcel of land for a City of Meridian Water Easement over a portion of the Northwest 1/4 of the Northwest
1/4 of Section 24,Township 3 North,Range 1 West, Boise Meridian,City of Meridian,Ada County, Idaho and
being more particularly described as follows:
Commencing at the Northwest corner of said Section 24,which bears N00.41'26"E a distance of 2,650.84 feet
from the West 1/4 corner of said Section 24,thence following the westerly line of said Northwest 1/4 of the
Northwest 1/4,500'41'26"W a distance of 223.71 feet;
Thence leaving said westerly line,S89.18'34"E a distance of 54.00 feet to the POINT OF BEGINNING.
Thence N00°41'26"E a distance of 20.00 feet;
Thence S89'41'20"E a distance of 16.08 feet;
Thence S00°05'41"E a distance of 20.00 feet;
Thence N89°41'20"W a distance of 16.35 feet to the POINT OF BEGINNING.
Said parcel contains 324 square feet, more or less,and is subject to all existing easements and/or rights-of-way
of record or implied.
Attached hereto is Exhibit B and by this reference is made a part hereof.
AL L A Iy0 S
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5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com
0 50 100 150
Plan Scale: V = 50'
14 13
.NORTHWEST CORNER
SECTION 24
23 24
1 W. Overland Road
I
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R/W R/W R/W-OSED
RIGHT—OF—WAY
LINE TABLE
(V
N LINE BEARING I DISTANCE
o`to 1 L1 S89'18'34"E 54.00
(a zin
o
L2 N00'41'26"E 20.00
m N L3 S89'41'20"E 16.08
-0 0 '0 1 L4 S00'05'41"E 20.00
J U5 41 L5 N89'41'20"W 16.35
a
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0
V
a J IJ
L1 (TIE) NpL LAND
c �1-5 �\CENSE�sG�
N I ; POINT OF
BEGINNING o
2 1 662 0
N L OF �-
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WEST 1/4 CORNER
�. f SECTION 24 LEGEND
23 /24
N
3 a CALCULATED POINT
E PARCEL BOUNDARY LINE
_-- ----__EASEMENT LINE
SURVEY TIE LINE
S
— — — SECTION LINE
PROPOSED
ENGINEERING �� RIGHT—OF—WAY LINE
m 5725 NORTH DISCOVERY WAY
Y 8O*E,IDAHO83713 Exhibit B
S PHONE(206)639L939
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City of Meridian Water Easement
DATE )u(Y Z022 6
3 PRO)f ECf; 21-1s2
SHEET: A parcel of land over a portion of the Northwest 1/4 of the Northwest 1/4 of
1 OF 1 Section 24,Township 3 North, Range 1 West, B.M.,City of Meridian,Ada County, Idaho
1
16.08
s89041'20'e
u
N o A H
O
C A
n89"41'20*w
16.35
Title: Date: 07-28-2022
Scale: 1 inch= 10 feet File:
Tract 1: 0.007 Acres: 324 Sq Feet:Closure=s89.2553w 0.00 Feet: Precision=1/17614: Perimeter= 72 Feet
001=n00.4126e 20.00 003=s00.054le 20.00
002=s89.4120e 16.08 004=n89.4120w 16.35