Water Service Easement with McKague Family Revocable Living Trust for Locust Grove Utility ImprovementsADA COUNTY RECORDER J. DAVID NAUARRO AMOUNT .00
BOISE IDAHO 03/23/05 09;50 AM
DEPUTY Bonnie Oberbillig II I I I II'I II I I I) I II I I'I (I I II I ~ II'll II~
RECORDED-REQUEST OF
Meridian City Public Works 1 ~~~~~~~~
WATER SERVICE EASEMENT
THIS INDENTURE, made this day of ~ `; L , 20~~between McKague Family Revocable
Living Trust, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada
County, Idaho, the party of the second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a water service right-of--way across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the water service is to be provided for through an underground pipeline to be constructed
by others; and
WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from
time to time by the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good
and valuable consideration, the Grantors do hereby give, grant and convey unto the Granteetheright-
of-way for an easement for the construction, operation, maintenance, repair, replacement of a water
service over and across the following described property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is for the purpose of construction and operation of a water line and their
allied facilities, together-with their maintenance, additional connection thereto, 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 andright-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
construction, making repairs, performing other maintenance or making subsequent connection to the
water line, Grantee shall restore the area of the easement and adj acent property to that existent prior to
undertaking such construction, 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 GRANTORS hereby covenant and agree that they 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 GRANTORS hereby covenant and agree 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 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 GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed
of the aforementioned and described tract of land, and that they have a good and lawful right to
convey said easement, and that they will warrant and forever defend the title and quiet possession
thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures
the day and year first herein above written.
GRANTOR:
resident, McKague F ly Revocable Living Trust
885 S Locust Grove Rd
Meridian ID 83642
Secretary
STATE OF IDAHO )
ss
County of Ada )
On this ~ day of , ~ , 20~, before e, the undersigned, a Notary Public in
and for said State, personally appeared ~~ ti ~, and -
known or identified to me to be the Presiders and Secretary, respectively, of the
corporation that executed the within instrument and acknowledged to me that such corporation
executed the same.
IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist above written.
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STATE OF IDAHO, )
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County of Ada )
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On this ~ ~~ day of Nl urt 4. , before me, the undersigned, a
Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG,
JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who
executed the within instrument, and acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written.
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EXHIBIT A
EASEMENT DESCRIPTION
FOR
McKAGUE FAMILY REVOCABLE LIVING TRUST
WATER SERVICE EASEMENT
An easement for water service purposes located in the NE 1/4 of the SE '/4 of Section 18,
Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly
described as follows:
Commencing at a brass cap monument marking the northeasterly corner of said NE 1/4 of the
SE 1/4 from which an aluminum cap monument marking the southeasterly corner of the SE 1/4 of
said Section 18 bears S 0°30'32" W a distance of 2659.49 feet;
Thence S 0°30'32" W along the easterly boundary of said NE 1/4 of the SE '/4 a distance of
346.26 feet to a point;
Thence leaving said easterly boundary N 89°29'28" W a distance of 48.00 feet to the POINT OF
BEGINNING;
Thence continuing N 89°29'28" W a distance of 5.00 feet to a point;
Thence S 0°30'32" W a distance of 10.00 feet to a point;
Thence S 89°29'28" E a distance of 5.00 feet to a point;
Thence N 0°30'32" E a distance of 10.00 feet to the POINT OF BEGINNING;
This parcel contains 0.001 acres (50 sq. ft.) and is subject to any other easements existing or in
use.
Prepared by: Glenn K. Bennett, PLS ~ ~'~ j
Civil Surve Consultants Incor orated ~~n~ ~ ~. ,
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November 10, 2004 p ~ '~~ ~'~~ ~ ~~~ ~`
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EXHIBIT B
WATER SERVICE EASEMENT
SECTION IB, TOWNSHIP 3ANORTH, RANCE II EAST,FBOISESM~'RIDIAN, ADA COUNTY, IDAHO.
LOCUST GRO vE ROAD UTILITY IMPRO CEMENTS
EASEMENT CRANTOR.~ McKACUE FAMILY RL'VOCABLE L!VlNC TRUST
ADDRESS. 885 S. LOCUST CROVE ROAD
MERIDIAN, ID 83642
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ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 03/23/05 09;50 AM
DEPUTY Bonnie Oberbillig III I'IIIIIIIIIIII'IIII'll
RECORDED-REQUEST OF ~III~III I ~II
Meridian City Public Works I ~~~~~~~~
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this~~ day of~( ~~ , 2pbetween McKague Family
Revocable Living Trust, the parties, of the first part, and hereinafter called the Grantors, and the
City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of--way
across the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer and water 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 Grantors, and
other good and valuable consideration, the Grantors do hereby give, grant and convey unto
the Grantee the right-of--way for an easement for the operation and maintenance of sanitary
sewer and 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 sanitary
sewer and 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 GRANTORS hereby covenant and agree that they 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 GRANTORS hereby covenant and agree 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 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 GRANTORS do hereby covenant with the Grantee that they are lawfully seized and
possessed of the aforementioned and described tract of land, and that they have a good and
lawful right to convey said easement, and that they will warrant and forever defend the title
and quiet possession thereof against the lawful claims of all persons whomsoever.
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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President, McKagu amity Revocable Living Trust, Property Owner
885 S Locust Grove Rd
Meridian ID 83642
Secretary
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STATE OF IDAHO
ss
County of Ada )
On this ~' _ day o f , 2 ,before me, the undersigned, a Notary
Public m and for said State, personally appeared i ~ ~ - ~ . ~~~ and
known or identified to me to be the Pres~ ent and Secretary
Respectively, that executed the within instrument and acknowledged to me that such
corporation executed the same.
IN WITNESS, • • • • • •
~RF_ Q~~1~we here to set my hand and affixed my official seal the day
and year fist'' ~'-~ -''
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N TARY PU LIC FOR IDA O
• Residing at• ~~.
`•, ; ~~~• Commission Expires: - -(
GRANTEE: ••:4?~ OF ~•'• ,~
CITY OF
Tammy d~Ve~i-d, Mayor --
Attest by William G. Berg, ity Jerk
Approved By City Council On: ,~j~l,j ~
STATE OF IDAHO, )
ss.
County of Ada )
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On this~~'` day of ~~.r~~.` , 20t~5`, before me, the undersigned, a Notary
Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G.
BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian,
Idaho, and who executed the within instrument, and acknowledged to me that the City of
Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
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EXHIBIT A
EASEMENT DESCRIPTION
FOR
McKAGUE FAMILY REVOCABLE LIVING TRUST
SEWER AND WATER MAIN EASEMENT
An easement for sewer and water main purposes located in the NE '/4 of the SE 1/4 of Section 18,
Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly
described as follows:
Commencing at a brass cap monument marking the northeasterly corner of said NE 1/4 of the
SE '/4 from which an aluminum monument marking the southeasterly corner of the SE 1/4 of said
Section 18 bears S 0°30'32" W a distance of 2659.49 feet;
Thence S 0°30'32" W along the easterly boundary of said NE ''/4 of the SE '/4 a distance of
453.34 feet to a point;
Thence leaving said easterly boundary S 89°32'05" W a distance of 240.55 feet to the POINT
OF BEGINNING;
Thence N 0°27'55" W a distance of 10.00 feet to a point;
Thence S 89°32'05" W a distance of 25.00 feet to a point;
Thence S 0°27'55" E a distance of 10.00 feet to a point;
Thence N 89°32'05" E a distance of 25.00 feet to the POINT OF BEGINNING;
This parcel contains 0.006 acres (250 sq. ft.) and is subject to any other easements existing or in
use.
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated
November 10, 2004
EXHIBIT B
SEWER AND WATER MAIN EASEMENT
LOCATED IN THE NE 1/4 OF THE SB 1/4 OF
SECTION 1 B, TOWNSHIP 3 NORTH, RANCB 1 BAST, BOISE MBRIDIAN, ADA COUNTY, IDAHO.
LOCUST GROVE ROAD UTILITY IMPROVEMENTS
C'ASEME'NT CRANTOR.• McKACUB FAMILY RC'VOCABLB L!VlNC TRUST
ADDRESS.• 8B5 S. LOCUST GROVC' ROAD
MERID/AN, tD 83642