Loading...
Ten Mile Marketplace Water Main Easement No. 1 ESMT-2023-0183 ( 2024-001501) Proiect Name(Subdivision):, ADA COUNTY RECORDER Trent Tripple 2024-001501 Ten Mile Marketplace BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 01/10/2024 09:42 AM Water Main Easement Number: 1 CITY OF MERIDIAN, IDAHO NO FEE Identify this Easement by sequential number if Project contains more than one Water Main easement. (See Instructions for additional information). ESMT-2023-0183 WATER MAIN EASEMENT THIS Easement Agreement, made this 9th day of January , 20 24 between Eckkcu-A PrdperiieS- ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation("Grantee"); L e w i si o n, C L-C. 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: Cheri Moore- Co-AawA off' Fc_kh0.rd-f. Fornili LLLP Sole Member o9 Fc.k6a.r44L Proper` ies - Lewiston, L[-C . STATE OF IDAHO ) pme$te ) ss County of Ade• ) This record was acknowledged before me on .(date) by C.Her; Moo r (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 Eckhxrdt Pro per-lief-Lew�340n (name of entity on behalf of whom record was executed), in the following representative L G capacity: Co-AQen4 4 Ec k harc(f_(type of authority such as officer or trustee) Forni� LLLP, Sole lKernber (stamp) ````%j111jjjj/' Notary Signature R. B j, �, My Commission Expires: 0� ��P•• ••�'�N; Res;a ;n�y ;n P0.ye-t \o-fA R)e AUB%\G gip : `•. • c+ ,yti. "gre�or Water Main Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 1-9-2024 Attest by Chris Johnson,City Clerk 1-9-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 1-9-2024 (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 kAEWM Adlft E N G I N E E R I N G December 8,2023 Project No.21-213 Water Easement Legal Description Exhibit A A parcel of land for a City of Meridian Water Easement over a portion of Lot 70,Block 10 of Bridgetower Crossing Subdivision No.7(Book 92 of Plats, Pages 10918-10991),situated in the Northwest 1/4 of the Northwest 1/4 of Section 35,Township 4 North,Range 1 West, Boise Meridian,City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a found 1/2-inch rebar marking the Northeast cornerof said Lot 70,which bears S00°53'13"W a distance of 200.00 feet from a found 1/2-inch rebar marking the Northeast corner of Lot 69 of said Bridgetower Crossing No.7,thence following the northerly boundary line of said Lot 70, N89°06'47"W a distance of 315.31 feet to the POINT OF BEGINNING. Thence leaving said northerly boundary line,S00°57'46"W a distance of 3.04 feet; Thence N89'02'14"W a distance of 34.92 feet to the easterly right-of-way line of N.Ten Mile Road; Thence following said easterly right-of-way line, N00'15'22"W a distance of2.99 feet to a found 5/8-inch rebar on said northerly boundary line; Thence leaving said easterly right-of-way line and following said northerly boundary line,S89°06'47"E a distance of 34.99 feet to the POINT OF BEGINNING. Said parcel contains 105 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 of 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. cENSF�SG?G x �'9 0 2 TF 0 F `OPT << HOSD V912023 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com P:\21-213\CAD\SURVEY\EXHIBITS\231207 CITY OF MERIDIAN WATER EASEMENT(LOT 70)21-213.DWG,KOBE ZIMMERMAN,12/8/2023,DWG TD PDF.PC3,08.5X11 L[PDF] Z Oo I I r O v- 1 n N N M N. Ten Mile Road I z li o000 iv o uq I � u n C g D D O O 2 I �rrCr77 K m C 0 0 II I -C m r I-"� h1 -A cocom _. "1 ILTI o 0 I m r OC O t1 0 I Z m D m m m z I Ln < Z D ;0 CoI r 00 X X Ln 15 (0 (0 :-A03 N I rn m tN ai CD Ln r-n 5�O O Z p UI C4 .P -P1 _41 -I O 00 W 0 I Z "D I z O z TI z GD�T D M o z co n cn N = Op v > 0 0 0 N m_U -� no w K-zi - Cn m CW zo BASIS OF BEARING S00°53'13"W 200.00' BRIDGETOWER CROSSING SUBDIVISION No. 5 m Ln v p N Z = � ti oozes m R Exhibit B mmA— City of Meridian Water Easement =z onp 0 a mpn TI p om a 3 A portion of Lot 70, Block 10 of Bridgetower Crossing Subdivision No.7 situated in the n Z ti NW 1/4 of the NW 1/4 of Section 35,T.4N.,R.1U'., B.M.,City of Meridian,Ada County, ID 0 w 3-4.99 s89°06'47"e n89°02'14'w 34.92 Title: Date: 12-08-2023 Scale: 1 inch= 10 feet File: Deed Plotter.des Tract 1: 0.002 Acres: 105 Sq Feet: Closure=n54.3540w 0.01 Feet: Precision=1/9838: Perimeter= 76 Feet 001=s00.5746w 3.04 003=n00.1522w 2.99 002=n89.0214w 34.92 004=s89.0647e 34.99