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HomeMy WebLinkAboutWater Main Easement with Joint School District No. 2 for Mountain View High School ( JlA fl\', ' -¡WuNT EC' '. RECORDED.R~STOf J. DAVID NAVARRO . " ROISE.IOMia. 1~ FE~DEP. ." Î~. tOOlAU30 PH 1:30 10 089249 v'YO ",^CUV\TAIN V~&W tJ-IEll-!- ~c~ooL WATER MAIN EASEMENT ~ AlJI Ol1S.r "1":. . 'D ...nIt r NO- 2- THIS INDENTURE, made this1:L day of~, 20~between .J ()/ Yl'r S c Idt9I?L 1.5/ P;'"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, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A, B-1, and B-2) 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. In consideration of allowing Grantee to perform work on and/or operate within the said described parcel, Grantee expressly agrees to indemnify, save and hold harmless Grantor, it's successors and assigns, against any and all claims, suits, demands, actions, debts, injuries 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 result of Grantee performing, working on and/or operating within the here in above described parcel; provided that the damages are not caused by the negligence or other breach oflegal duty by Grantor. Water Main Easement Page 1 EASMT.WTR.doc 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, 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 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. Water Main Easement Page 2 EASMT.WTRdoc GRANTOR: é'~ :r-u: JA..-.- ~~ resIdent ~~ Secretary . STATE OF IDAHO) ) ss County of Ada ) On this \-4-+t.. day of ~u. '* ., 20El.., before me, the undersigned, a Notary Public '^~~ f~r ~ai~~~~~náll~ ::~e:r identifi:d~~:~ì t~l"be~::;;~~ident ~d Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affIXed my official seal the day ,....M~.year fist above written. "", . D '" ~. "p.. (j" .~. ,..\r ,"'" :.t. ", ~ ,u .., ". C>', ~ ~.t' ". or ~ :: f-,: -~O~.t\RY ~ 1-- ':. : <r;' \0' .:: :: l.,: ..... : .: ; ';.. PUB'\J\G j Š ~.'" ,,'..[;)~ ',-".'. .' ,;;y ~ " "1>. ......, <"<,c' ~. """ ~1'E Of ...~,.,,~ "",...."",' GRANTEE: CITY OF MERIDIAN jJdiiti~().~ NOTARY PUBLIC FOR IDAHO Residing at ~t&.'/!-Yv ~ Commission Expires: '1Vt Ml.b. :? 7 J (JOE, . Water Main Easement Page 3 EASMT.WTRdoc .' PERMANENT WATER PIPE l.INE EASEMENT Across Lot 5, Block 1 of the Resolution Subdivision No.1 BeirIg a permanent easement twenty feet wide, 10 feet each side of the following described centerlirIe line. All easement sidelines being prolonged or shortened to conform with the Grantor's property lines. Said permanent easement beirIg situated in the NW 1/4 Section 20, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, State of Idaho, more particularly described as follows: Commencing at a brass cap at the Northwest corner of said Section 20; Thence along the northerly lirIe of said Section S89°52'19"E, a distance of 2656.36 feet to a brass cap at the North Quarter corner of said Section 20; Thence SOoo24'16"W, a distance of 849.14 feet to the northeast corner of Lot 5 Block 1, of said Resolution Subdivision No.1; Thence along the northerly lirIe of said Lot 5, N89°52'19"W, a distance of 1012.07 feet to the centerlirIe of said permanent easement and also being the "Real PoirIt of Beginning." Thence SOooOO'OO"E, a distance of608.08 feet; Thence N54°10'37"W, a distance of35.90 feet; Thence S35°49'23"W, a distance of 46.41 feet; Thence N35°49'23"E, a distance of 46.41 feet; Thence N54°10'37"W, a distance of227.96 feet; Thence N76°40'37"W, a distance of 103.24 feet; Thence S80o49'23"W, a distance of 74.49 feet; Thence S58°19'23"W, a distance of28.73 feet; Thence S30o59'22"E, a distance of 27.1 1 feet; Thence N30o59'22"W, a distance of 27.1 1 feet; Thence S58°19'23"W, a distance of 45.77 feet; Thence S35°49'23"W, a distance of74.49 feet; Thence S13°19'23"W, a distance of74.49 feet; Thence S09°10'3TE, a distance of28.38 feet; Thence S80o49'23"W, a distance of37.70 feet; Thence N80o49'23"E, a distance of37.70 feet; Thence S09°10'3TE, a distance of 46.11 feet; Thence S31 °10'37"E, a distance of74.49 feet; Thence S54°10'37"E, a distance of392.82 feet; Thence N35°5T04"E, a distance of 36.20 feet; Thence S35°5T04"W, a distance of 36.20 feet; Thence S54°1O'3TE, a distance of 140.08 feet; Thence S35°49'23"W, a distance of 132.50 feet; Exhibit-A IOOO52/1egai/water.doc City of Meridian, 1D Easement Descriptions Page 1 of2 Thence S69°34'23"W, a distance of76.80 feet; Thence N69°34'23"E, a distance of76.80 feet; Thence N35°49'23"E, a distance of 132.50 feet; Thence S54°10'37"E, a distance of 44.90 feet; Thence N35°49'23"E, a distance of35.58 feet; Thence S35°49'23"W, a distance of35.58 feet; Thence S54°10'37"E, a distance of 164.12 feet; Thence S09°1O'3TE, a distance of 83.44 feet; Thence,S54°1O'37"E, a distance of 178.03 feet; Thence N35°49'23"E, a distance of 30.82 feet; Thence S35°49'23"\'Ii, a distance of30.82 feet; Thence S54°10'37"E, a distance of 110.00 feet; Thence S65°25'3TE, a distance of 43.14 feet; Thence SOoo05'38"W, a distance of 119.96 feet; Thence S89°54'22"E, a distance of 12.58 feet; Thence N89°54'22"W, a distance of 12.58 feet; Thence SOoo05'38"W, a distance of 193.47 feet; Thence S22°35'38"W, a distance of 34.57 feet; Thence N22°35'38'~a distance of34.57 feet; Thence NOoo05'38"E, a distance of 193.47 feet; Thence NOoo05'38"E, a distance of 119.96 feet; Thence S65°25'3TE, a distance of 18.95 feet; Thence S87°55'38"E, a distance of 152.73 feet; Thence N35°49'22"E, a distance of 410.75 feet; Thence N05°11 '15"E, a distance of 94.28 feet; Thence NI7°18'45"W, a distance of94.48 feet; Thence N39°48'45"W, a distance of79.56 feet; Thence N62°18'45"W, a distance of 105.71 feet; Thence N84°48'45"W, a distance of225.36 feet; Thence S04°56'25"W, a distance of 40.77 feet; Thence N04°56'25"E, a distance of 40.77 feet; Thence N84°48'45"W, a distance of 178.51 feet; Thence N54°1O'3TW, a distance of208.62 feet; Thence N35°49'23"E, a distance of33.64 feet; Thence S35°49'23"W, a distance of 33.64 feet; Thence N54°10'57"W, a distance of 125.00 feet to the point termination of this easement. See attached: Exhibit B-1 and B-2 lOOO52negailwater.doc City of Meridian, ID Easement Descriptions Exhibit-A Page 2 of2 \!!! ~ "- ~ ~rc.cw ~ 1'3N .,E B.". '" Vi ,'.--.-----------.-------.-------- \ \ \ \ \. \. \ \ "- ", "', " '" "'. .~ " ~ "'. .. "'\ ~ \ \ I." . ' EXHIBIT B-1 E: OVERLANO Rt240 S .9'..'1B' E 'BSB.JB' RESOLUTION SUBo. No ! N1/4 co.. SEC. 2D -" :0: ~ ~ ~ -- -- - - ----~ ~-...~ = -!..- -- -- -_..!.'!. '- ~ 2!: ---. - -- - -- - ------ ! ¡ ! i ! j i j i ¡ i ! L39 ~l..1e i .,,~v.. j } I ì I ff ! / i ø I "J .I : -- -- "" ----------------~ !! ~ 8 " ~ '" t N RESOL U170N SUBo. No ! LOT 5 BLOCK! \ \ \ \ \ \, '\, ',,--------------_5. ~ ~ l2B EXHIBIT B-2 LINE TABLE LINE LENGTH BEARING L1 3S.90 NS4'10'37"W L2 46.41 S3S'49'23"W L3 227.96 NS4'10'37"W L4 103.24 N76'40'37"W LS 74.49 S80'49'23"W L6 28.73 SS8'19'23"W L7 27.11 S30'S9'22"E L8 4S.77 SS8'1 9'23"W L9 74.49 S3S'49'23"W L10 74.49 S13'19'23"W L11 28.38 S09'10'37"E L12 37.70 S80'49'23"W L13 46.11 S09'10'37"E L14 74.49 S3"40'37"E L1S 392.89 SS4'10'37"E L16 36.20 N3S'S7'04"E L17 140.08 SS4'10'37"E L18 132.S0 S3S'49'23"W L19 76.80 S69'34'23"W L20 44.90 SS4'10'37"E L21 3S.S8 N3S'49'23"E L22 164.12 SS4'1Q'37"E LINE LENGTH BEARING L23 83.44 S09'10'37"E L24 178.03 SS4'10'37"E L2S 30.82 N3S'49'23"E L26 110.00 SS4'10'37"E L27 43.14 S6S'2S'37"E L28 119.96 SOO'OS'38"W L29 12.S8 S89'S4'22"E L30 193.47 SOO'OS'38"W L31 34.S7 S22'3S'38"W L32 18.9S S6S'2S'37"E L33 1S2.73 S8TSS'38"E L34 410.7S N3S'49'22"E L3S 94.28 NOS'11'1S"E L36 94.48 N1T18'4S"W L37 79.S6 N39'48'4S"W L38 10S.71 N62'18'4S"W L39 22S.36 N84'48'4S"W L40 40.77 S04'S6'2S"W L41 178.S1 N84'48'4S"W L42 208.62 NS4'10'37"W L43 33.64 N3S'49'23"E L44 12S.00 N54'10'37"W