Water Main Easement with Bowers, Jerry R. and Mitich-Bowers, Kimberly Dee for Parcel 4ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00
BOISE IDAHO 04/10/13 12:03 PM
RECORDED C REQUEST OF ~~~ ~~~IIIIIIIIIIIIIIIIIIIIIIIII III III
Meridian City 113~3~3~3
WATER MAIN EASEMENT -PARCEL 4
JERRY R. AND HIMBERLY DEE MITICH-BOWERS
-~,
THIS INDENTURE, made this ~_ day of ~ n r , \ , 2013 between
Jerry R. and Kimberly Dee Mitich-Bowers, 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 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 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 GRANTEE the right-of--way for an easement for the operation and
maintenance of a water main 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 its allied facilities, together with its 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 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 construction, making repairs, performing other maintenance or making subsequent
connection to the water line, GRANTEE shall restore the area of the easement and adjacent
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.
Water Main Easement Page 1 of 3
Parcel 4 -Jerry R. and Kimberly Dee Mitich-Bowers
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 WITNES S WHEREOF, the said parties of the first part have hereunto subscribed their signatures
the day and year first herein above written.
GRANTORS
~t
Owr~e -, J~.t~-y R. Bowers
Owner, K berly Dee Mitich-Bowers
STATE OF IDAHO )
ss
County of Ada )
On this _~_ day of ~~ ~~C,~ , 2013, before me, the undersigned, a Notary
Public in and for said State, personally appeared Jerry R. and Kimberly Dee Mitich-Bowers,
identified to me to be the owners that executed the within instrument.
IN WIT`NES S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist above written.
(SEAL)
c _
`~ OT RY PUBLIC OR IDAH
Res' ing at: ~-QP.~-
Commission Expires: c ~ L ~. ~
Water Main Easement Page 2 of 3
Parcel 4 -Jerry R. and Kimberly Dee Mitich-Bowers
GRANTEE: CITY OF MERIDIAN
sEa~'" u' ~ \ ~D AUCUS
Tammy de Weefd ayor ~GO44o T,19o~
~, Q ,~' City of
~~V~ E ID~A~~...
~ CT -~~, IDAHO
A st b J y L. Holman, City Cl ~ ~ SEAL ~`~
~~~~°~~ TaeA~°~~~~
Approved By City Council On:I~~-pY ~\ o ~~
STATE OF IDAHO )
ss
County of Ada )
On this ~+h day of ~ , 20 1~ ,before me, the undersigned, a Notary
Public in and for said State, personally appeared TAMMY DE WEERD and ~~»~b. ~A~ S~~
~I~, 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.
~••~•i~•
~, ~~T`~R ' ~ ; NOTARY PUB C FOR IDAHO
~`~ (SEAL) ~ ~ Residing at: (,G9-P~2-~.. ~ ~ ~~ (off
•"~ ~ ; Commission Expires: C'
i '~~ ~1 : •
• ~~ C%~i
• ~, "•
•••9~ OF ~~••
••.....•
Water Main Easement Page 3 of 3
Parce14 -Jerry R. and Kimberly Dee Mitich-Bowers
I I°f
UTILITY EASEMENT DESCRIPTION
FOR THE
CITY OF RZDIA, IDA
PARCEL 4 -JERRY AND ERLY ITIC-BOWERS
EASEMENT N. l
An easement for utility purposes located in the SW '/4 of Section 11, Township 3 North, Range 1
West, Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at a 5/$ inch diameter iron pin marking the southwesterly corner of said S W 1/4
from which a 5/8 inch diameter iron pin marking the southeasterly corner of said SW 1/~ bears
S 89°09'35" E a distance of 2658.24 feet;
Thence S 89°09'35" E along the southerly boundary of said SW 1/a a distance of 1236.62 feet to a
point;
Thence leaving said southerly boundary N 0°40'51" E a distance of 30.00 feet to the POINT OF
BEGINNING;
Thence continuing N 0°40' S 1" E a distance of 49.00 feet to a point;
Thence S 89°09'35" E a distance of 27.54 feet to a point;
Thence S 0°50'25" W a distance of 49.00 feet to a point;
Thence N 89°09'35" W a distance of 27.41 feet to the POINT OF BEGINNING.
This parcel contains 1,346 square feet (0.031 acres) and is subject to any other easements
existing or in use.
Prepared by: Glenn K. Bennett, PLS ~~
Civil Survey Consultants, Incorporated ~ ~~ _~
March 11, 2013 ~~ ~~ ~ ~
.~~ ..
~ ~
~ ~ ~ .~ ~
~ ~ ~~~
ii
SKETCH TO ACCOMPANY EASEMENT DESCRIPTION
LOCATED IN THE SW 1 /4 OF SECTION 1 1,
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN,
ADA COUNTY, IDAHO.
SCALE; 1 "=2a'
S1211336615
2770
~ JERRY AND KIMBERLY MITICH-BOWERS
O
S 89'09'35" E
~ 27.54'
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A NT
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BEGINNING
27.41'
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~~° ANKLIN
10011
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1236.62' I 1421.62'
S 89°09'35" E .. 2658.24'
1/4