Water Main Easement with Smith, Steven C. and Brighton Investments, LLC for Parcel 17 Franklin-Ten Mile to Linder ProjectADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 ;
BOISE IDAHO 04!24113 01:45 PM
DEPUTY Bonnie Oberbillig III I'llllllllllll'llll'III~IIIIII I'll
RECORDED-REQUEST OF
Merdian City i i ~0~4236
WATER MAIN EASEMENT
PARCEL 17 -STEVEN C. SMITH AND BRIGHTON INVESTMENTS. LLC
THIS INDENTURE, made this ~ day of ~~r~~ ~ , 2013 between
Steven C. Smith and Brighton Investments, LLC as tenants in common, the party of the first part,
and hereinafter called the GRANTOR, and the City of Meridian, Ada County, Idaho, the party of
the second part, and hereinafter called the GRANTEE;
WITNESSETH:
WHEREAS, the GRANTOR desires 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 main is to be provided for through underground
pipelines to be constructed by others; and
WHEREAS, it will be necessary to maintain, service and subsequently connect to 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 sanitary sewer
and water mains 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 sanitary
sewer and water lines 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 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 sanitary sewer and water lines, 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 1
Parcel 17 -Steven C. Smith and Brighton Investments, LLC
THE GRANTOR hereby covenants and agrees 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 GRANTOR hereby covenants and agrees with the GRANTEE that should any part of
the right-of--way and easement hereby granted 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 GRANTOR does 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:
Brighton Investments LLC, an Idaho Limited Liability Company
%~~
avid W. Turnbull
Managing Member, Brighton Investments LLC
STATE OF IDAHO )
ss
County of Ada )
On this ~~~day of , 2013, before me, the undersigned, a Notary Public
in and for said State, personally a eared David W. Turnbull known or identified to me to be the Managing
Member of the Limited Liability Company that executed the within instrument, and acknowledged to me that
such Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand~nd affixed rr-y official seal the day and year fist
above written.
~~
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OTAR LI R FDA O
~~SEAL) ~~~G Residing at: /
't~.x-l~ Commission Expires:
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Water Main Easement Page 2 of 2
Parcel 17 -Steven C. Smith and Brighton Investments, LLC
GRANTOR:
Steven C. Smith
Ste n =
STATE OF IDAHO )
ss
County of Ada )
On this ~1-~ day of ~ G , 2013, before me, the undersigned, a Notary Public in
and for said State, personally ap ared Steven C. Smith known or identified to me to be the person whose name is
subscribed to the within instrument, and acknowledged to me that he executed the same.
IN ~iFiSS.,WHEREOF, I~ set my hand and affixed mty official se the day and year fist above written.
oVpTARI' ~U~LiC y~~~~ ;°
STPT~.. °~~'r~?r'~~°1C~ <~ TARY PUBLIC FQ~IDAHO
r ~ _ {~~j - _,~.~ ~ W. Residing at: ~ ~'1' ~ ~~~~'~
Commission Expires: ~~ ~~' I
GRANTEE: CITY OF MERIDIAN
,~,;~
Tamm d eerd, Mayor
ttest by(J~aycee L. Holman, City Clerk
Approved By City Council On:
CED AUgU~'l
19
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c[cy or
EI~IDIAN
IDAHO .
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STATE OF IDAHO )
ss
County of Ada )
On this day of ~~ tr' ~ ~ , 2013, before me, the undersigned, a Notary Public
in and for said State, personally appeare TAMMY DE WEERD and JAYCEE L. HOLMAN, 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
i. ,~9 .
r~• „
~ *,-, "'. ~. r ~1 TARY P~
(SEAL) ~ ~ siding at:
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Commission
Water Main Easement
Parcel 17 -Steven C. Smith and... Brighton Investments, LLC
my official seal the day and year first above written.
FOR IDi9rI~L1_J
Page 3 of 3
EXHIBIT A
UTILITY EASEMENT DESCRIPTION
FOR THE
CITY OF MERIDIAN, IDAHO
PARCEL 17 -BRIGHTON INVESTMENTS, LLC
An easement for utility purposes located in the NW '/4 of Section 14, 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 northwesterly corner of said NW 1/4
from which a 5/8 inch diameter iron pin marking the northeasterly corner of said NW '/4 bears
S 89°09'35" E a distance of 2658.24 feet;
Thence S 89°09'35" E along the northerly boundary of said NW 1/4 a distance of 1254.12 feet to
a point;
Thence leaving said northerly boundary S 0°34'27" W a distance of 48.00 feet to the POINT OF
BEGINNING;
Thence continuing S 0°34'27" W a distance of 70.95 feet to a point;
Thence S 89°09'35" E a distance of 9.27 feet to a point;
Thence N 0°50'25" E a distance of 70.95 feet to a point;
Thence N 89°09'35" W a distance of 9.60 feet to the POINT OF BEGINNING.
This parcel contains 669 square feet (0.015 acres) and is subject to any other easements existing
or in use.
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated
February 22, 2013 ~ ~~ ~ a ~
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EXHIBIT B
SKETCH TO ACCOMPANY EASEMENT DESCRIPTION
LOCATED IN THE NW 1 /4 OF SECTION 14,
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN,
ADA COUNTY, IDAHO.
SCALE: 1 "=20'
10 11 S 89'09'35" E 2658.24' 1 /4
15 14 1254.12' 1404.12'
FRANKLIN ROAD
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POINT OF 9.60'
BEGINNING
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BRIGHTON INVESTMENTS, LLC