Elderberry Subdivision Water Main Easement No. 4 ESMT-2023-0127 (2023-053907) ADA COUNTY RECORDER Trent Tripple 2023-053907
BOISE IDAHO Pgs=6 VICTORIA BAILEY 09/20/2023 10:44 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2023-0127
Elderberry Subdivision Water Main
Easement No. 4
WATER MAIN EASEMENT
Darlene Jerome and
THIS Easement Agreement, made this 19th day of September 20 23 between Kenneth Jerome
("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:
STATE OF IDAHO )
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County of Ada ) n4 M
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This record was acknowledged before me on JVI Z3 (date) by -ur'� erg zce;
(name of individual), [complete the following if signing in a representative capacity, or strike
the-�al�'rig'�stgrtircg`rrran-i:z�iviz'h���i�y�'-mr o
e-e€-etitq-mr whom recor was executed), in the following representative
reap �_ t e of author' siacla-�s of ser er-t�stee�
(stamp) /-
Notary Signature _
My Commission Expires: I Zo Z J
CURTIS PENTECOST
COMMISSION 1137204
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 12MWW
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:
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STATE OF IDAHO )
ss
County of Ada GrILAL
This record was acknowledged before me on (date) by s �
(name of individual), [complete the following if signing in a representative capacity, or strike
1b.�,fe11ni�=si%rc g a ��z�cnpztcitpj--�n- lf-
{ - ' on $-ChUtfutwhom Tecurd was -execute , in ttfe o owing representative
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(stamp)
Notary Signature
My Commission Expires:
CURT18 pENTE00ST
COMMISSION#37204
NOTARY PUBLIC
STATE OF IDAHO
MY COMM18810N D(PIRE31?J2020?�
Water Main Easement Version 0 1/0 1/2020
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 Version 01/01/2020
Ma,5cpn Professional Engineers, Land Surveyors and Planners
924 3`d St. So. Nampa, ID 83651
A550PCla 'te s Inc. Ph (208) 454-0256 Fax (208) 467-4130
e-mail:dholzheyAmasonandassociatesms
EXHIBIT A
FOR: Long& Joy
JOB NO.: MR0121
DATE: November 8, 2022
ELDERBERRY SUBDIVISION
WATER EASEMENT
An easement of land being a portion of Block 3 of the Amended Plat of F.A.Nourse's Third Addition as
filed in the office of the Ada County Recorder, Boise, Idaho, in Book 7 of Plats at Page 299 lying in the
NW1/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County Idaho, more
particularly described as follows:
Commencing at northwest corner of Section 7;
Thence S 00' 24' 03" W a distance of 1041.87 feet along the west boundary of the NW1/4;
Thence N 89' 36' 49" E a distance of 40.00 feet to the northwest comer of Block 3;
Thence S 00' 24' 03"W a distance of 78,99 feet along the west boundary Block 3 to the POINT OF
BEGINNING of said easement;
Thence N 89' 36' 49" E a distance of 113.61 feet parallel with the north boundary of Block 3;
Thence S 00' 24' 03" W a distance of 5.00 feet parallel with the west boundary Block 3;
Thence S 89° 36' 49" W a distance of 113.61 feet parallel with the north boundary of Block 3 to a point
on the west boundary of Block 3;
Thence N 00" 24' 03" E a distance of 5.00 feet along the west boundary Block 3 to the POINT OF
BEGINNING of said easement.
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Associates /.,�.�
Professional Engineers, Land Surveyors and Planners
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Page 1 of 1 Q�^/� A
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EXHIBIT B ELDERBERRY ESTATES SUBDIVISION
WATER EASEMENT
A PORTION OF BLOCKS 3 AND 4, F.A. NOURSE'S THIRD ADDITION,
A PART OF THE NW 114, SECTION 7, T. 3 N., R. 1 E., B.M.,
' & MERIDIAN, ADA COUNTY, IDAPO
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ILLEGIBLE �40.00
Parcel Line Table
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Line # Direction Length
Ll S00'24'03"W 5.00
L2 N00'24'03"E 5.00
31
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WATER EASEMENT
568 S0. FT.
-- -- -N836'49 11 "E _
113.61' S89;36'49"W __ _- _ �'
113.61'
LEGEND
0 CALCULATED POINT
QO FOUND 518" IRON PIN WATER EASEMENT EXHIBIT
• SET 112" IRON PIN W1 1324 N. MERIDIAN RD. WATER EASEMENT
PLASTIC CAP "PLS 9366"
JOB NO. MR0121
FOUND BRASS CAP MONUMENT
IProfmfonal�En0ineem, DWG No. MR0121 EXHIBIT
—-- --— EASEMENT LINE M�SOn (' �sunreron3
--- ---— SECTION LINE — & a Planners SCALE: NTS R£v.
-�— - - TIE LINE SSOGIc��e5 1 ��d��'�` FIELD BOOK NO,
qD7 cuss r�t�el kT1r30
DRAWN 8Y: DATE:
CS 1 11/8/2022