HomeMy WebLinkAboutWater Main Easement with Meridian Joint School District No. 2 for Ponderosa Elementary
~.1. . iI1AJ(lrl1A -. RE.COROEO~RE UESTOF...
J. DAYjD NAlff~~ vr rd' I f6\t. Y IJ Ii
Bû,,}E. IDAHO t \fu FEEJmfLO vv"'(
2001 AU 30 PH I: 30 0 I 089250
PONDEROSAELEMENTARYSCHOOL
WATER MAIN EASEMENT
TIllS INDENTURE, made this t/~daY of M!t.QLbetween Meridian Joint Séhool District
No.2, 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 particuJarly bounded and descn"bed; 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 ftom 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, maintenance, repair,
rep1acernent 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 their allied :làcilities, together with their maintenance, additional connection thereto, repair
and replacement at the convenience of the Grantee, with the ftee right of access to such
:Iàcilities at any and all times.
In consideration of allowing Grantee to perform work on and/or operate within the said
described parce~ Grantee expressly agrees to indenmifY, save and hold harmless Grantor, it's
successors and assigns, against any and all claims, suits, demands, actions, debts, iIYurÏes to
persons, and damages to property, damages, costs, charges, and expenses, including all court
cost and attorneys fee, and against any and all liability, losses and damages of any nature
whatsoever, the "Damages" that Grantor shall or may at any time sustain or be put to by
reason or as a resu1t of Grantee performing, working on and/or operating within the herein
above described parcel; provided that the damages are not caused by the negligence or other
breach oflega! duty by Grantor.
Water Main Easement
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TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's
successors and assigns furever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after making repairs, perfurming other maintenance or making subsequent connection to
the water line, Grantee shall restore the area of the easement and adjacent properly to that
existent prior to undertaking suéh 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 peremùal shrubs or flowers within the area
described fur 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 furever defend the title
and quiet possession thereof against the lawful clairns 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.
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FROM: LKU ARCH !TECTS
FAX NO. : 208 336 3680
FROM: Trl Count- 5..roo_ln9
PHJ>E foIJ. : 206 3GS 2880
Jun. 29 2001 03: 55P~!
JW. 29 zaal a3:23PM P2
P2
Tri County Snrveying, IDe.
Job No. 00.096 3
June 29, 20Õ1
EXI1IBIT A
Revieed Weter Easement De.crlptlon
A 20,00 loot water line eo~ment under, over ond eerO" 0 portion 01 Government.
Lot 2 of Soction 3, Township 3 North, Renge 1 WeIR, Boise Meridian, Ada County, Idnho. ly'ng
10.00 leet eech side of the following described line:
Commencing ot the southwest corner of Government Lot 2 of Section 3,
Township 3 North, Renge 1 West, Boise Meridian;
Thence South 89'01'50" Eeet, 550.00 feet. along the south line of sold Government Lot 2;
Thence North 00°58'10" EaRt, 61.07 feet;
Thence North 00°00'00" East, 75.53 feet to the True Poõnt of II<Iglnning:
Thence North 89'32'23" WeRt, 46,84 feet; Thence North 00'27'37" East. 28.00 loot;
Thence North 44'12'40" Eed, 38.17 feet: Thence North 00'00'00" East, 224.99 leet:
Thence North 47'27'29" West, 153.67 feet to a point referred to hereinafter 8& Point "G";
Thenca North 42'32'31" Ealrt, 38.28 feet to a point referred to hereinaftor.. Point "A";
Thornce continuing North 42°32'31" Eeøt. 23.48 leot;
Thence North 00'27'37" E81rt, t 23.82 foon to 0 point relerred to hereinnlter ft. Point "B":
Thence continuing North 00°27'37" West, 100.00 leet;
Thence North 47°00'00" West, 36.95 fef!t to a point relerred to hereinafter a. Point "C";
'Thonce continuing North 47'00'00" West, 22,28 leet;
Thence North 69'32'23" West, 129.00 feet to a point referred to horeinafter as Point "0";
Thenco continuing North 89'32'23" West, 244.57 feet to a point referred to hereinafter .0
Point "11"'; Thence North 00°27'37" West, 194.56 lest to the terminus 01 thl. eaeement.
AIM commencing at Point "W described above:
Thanco South 00'27'37" We.t, 61.00 tOst to a point referred to horoinoftor 85 Point "E";
Thence continuing South 00'27'37" Wost. 26.69 'eet;
Thence South 44"32'23" Ea.t, 34.38 teet; Thonce South 00'27'37" We.t, 1 B8.16 leet:
Thenco South 46'58'54" Eaet, 62.70 teet to a point rolo"ed to hereinafter as Point "F";
Thence continuing South 45'58'54" East, 81.80 leet;
Thence South 89'32'23" East, 147.78 feet; Thence North 42'32'31" fa.t, 126.68 feet to
Point "G" described above.
And "'.0 commencing at Point "A" described ebove:
Thence South 47'27'29" Eest, 30,00 leet to the terminus of this easement.
And aloo commencing B't Point -8" desoribed ebove:
Thence North 89°32'23" West, 96,00 leet to the terminus of this eas.ment.
And al80 commencing at Point "C" describod above: .
Thenca South 43.00'00" We.t, 23.00 feet to the terminus 01 this eesemorn,
And ,,100 commencing "t Point "D" described above:
Thence South 00°27'37" Ee9t, 58.44 foot to the terminus of this O"semef\t.
And 0'00 commencing at Point "E described above:
'Thance South 89'32'23" East, 23,69 leet to the terminus 01 this easement.
And "I..., commencing at Point "F" described above:
Thence South 45"27'37" West, 22.00 teet to the torminus 01 tlli. lWI.ement.
The limito of said easements .hall be extended or shortened at the beginning. terminus and ell angle
points. so as to make lor a continuouo and uniform wid1h 0' access throughout.
. Thia grant of M89ment shall run wiIh the land and ehal! be appurtenant to the Ian" benefitted
by thIS easement.. This ea.8Ðment shall be perpetual, shall be binding upon and shall inure 10 the
benefit of the parlle8 to this agreement, their respective heirs. successors or assigns.
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JUN 29 '0116:12
208 336 3680
PAGE. 02
'4
GRANTOR:
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~ent
~
STATE OF IDAHO)
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County of Ada )
On this I~ day of ~~T , 20RL, befure me the undc;rsigned, a Notary
Pub~ ~ for said State, personally appeared c."""".~~>'\e. 'tb..""~l\. and
.., \'1\-\. 't7 . Sd-I.;;? , known or identified to me to be the President and
Secretary, respectively, 0 the corporation that executed the within mstrument, and
acknowledged to me that such corporation executed the same.
...w,Wol~S WHEREOF, I have hereunto set my hand and affixed my official seal the day
,.,., ~.và;),;.ítcÞ';'hnve written.
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!~! 'rARY\'rt.\ ~fA- a. 1Á4«-~
g;:if ~o_.- i *E NOTARY PUBLIC FOR IDAHO
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