Water Service Easement with Bowers, Jerry R. and Mitich-Bowers, Kimberly Dee for Parce 4 Ten Mile and Franklin ExpansionADA COUNTY RECORDER Christopher D. Rich AMOUNT .00
BOISE IDAHO 04/10/13 12:03 PM
DEPUTY Picky Bailey III Illllllllllllllllllllllllll'lu'll
RECORDED-REQUEST OF
Meridian City 1130~~~~4
WATER SERVICE EASEMENT -PARCEL 4
JERRY R. AND HIMBERLY DEE MITICH-BOWERS
THIS INDENTURE, made this nn ~
vl " day of ~t~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 service line right-of--way across the
premises and property hereinafter particularly bounded and described; and
WHEREAS, the water service line is to be provided for through an underground pipeline to
be constructed by others; and
WHEREAS, it will be necessary to maintain and service 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 service line over and across the following described property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is for the purpose of operation of a water service line and its
allied facilities, together with its 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 construction, making repairs or performing other maintenance, 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 Service 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 WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures
the day and year first herein above written.
GRANTORS :
Owner, Jerry; R. Bowers
Owner, Kim erly Dee Mitich-Bowers
STATE OF IDAHO )
ss
County of Ada )
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On this ~ ~ _ day of ~~ ~~C,1~ , 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist above written.
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f':7 Sa g
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~~;(S~AL) Re ding at: ~~ ~~~~ 1 ~.~ ~ D
Commission Expires:~~¢i ~ ~ 2~ ~
Water Service Easement Page 2 of 3
Parcel 4 -Jerry R. and Kimberly Dee Mitich-Bowers
GRANTEE: CITY OF MERIDIAN
Tammy de W
by~fa~c~ L. Holman,
Approved By City Council On:
STATE OF IDAHO )
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County of Ada )
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~E IDIAN~
IDAHO
SEAS, y
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\r~T R E A R~ , ~
On this ~~ day of ~~-~~~\ , 20_x, before me, the undersigned, a Notary
Public in and for said State, personally appeared TAMMY DE WEERD and 3A~--J0. ~on~~
FIIILIVI=~N, 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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Water Service Easement
Parcel 4 -Jerry R. and Kimberly Dee Mitich-Bowers
NOTARY PUB IC FOR IDAHO
Residing at: ~/; ~ ~ C2~P~ c~~
Commission Expires:--<~,~j-~ 8"
Page 3 of 3
I I
WATER SERVICE EASEMENT ESC PTIO
FOR THE
CITY OF MERIDIAN, IDAHO
PARCEL 4 - JE Y AND KIMBERLY-ITIC-BOWERS
EASEMENT N0.2
An easement for water service purposes located in the SW 1/4 of Section 1 I, Township 3 North,
Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows;
Commencing at a 5/8 inch diameter iron pin marking the southeasterly corner of said SW 1/4 from
which a 5/8 inch diameter iron pin marking the southwesterly corner of said SW 1/4 bears
N 89°09'35" W a distance of 2658.24 feet;
Thence N 89°09'35" W along the southerly boundary of said SW i/a a distance of 1273.24 feet to
a point;
Thence leaving said southerly boundary N 0°50'25" E a distance of 30.00 feet to the POINT OF
BEGIZ~INING;
Thence continuing N 0°50'25" E a distance of 9.00 feet to a point;
Thence S 89°09'35" E a distance of 20.00 feet to a point;
Thence S 0°50'25" W a distance of 9.00 feet to a point;
Thence N 89°09'35" W a distance of 20.00 feet to the POINT OF BEGINNING.
This parcel contains 180 square feet (0.004 acres) and is subject to any other easements existing
or in use.
li
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.
S1211346615
2770
JERRY AND KIMBERLY MITICH-BOWERS
0
I N 89'09'35'Y W `~' _' ~'
POINT OF' I
BEGINNING w
r
N ~
CIO
~ ~
° M ANKLIN OA
Z1
10 11
0---
15 14
1385.00'
9'09 35 W 2658.24
1273.24'
1/4