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Home My WebLink About2000 08-18 ~: >-' { f\u~usf I~v JOOD~ UJa-/a mcitt1 fas~ti1er+ - OBS:C :J/ldt~{~(t~(s. ( ( RECEIVED AUG 1 8 2000 CITY OF MERIDIAN WATER MAIN EASEMENT ~HIS INDENTURE, made this 25th day of July, 2000, between DBSI Industrial Limited Partnership, an Idaho limited partnership, and Meridian Freeway Associates, an Idaho limited partnership, both of which have an address of 1 070 North Curtis, Suite 270, Boise, Idaho 83706, jointly and severally the parties of the first part, and hereinafter called the Grantor, and the City of Meridian, a body politic and corporate of Ada County, Idaho, which has an address of 33 East Idaho Avenue, Meridian, Idaho 83642, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, DBSI Industrial Limited Partnership owns the property described on the attached Exhibit "e", which by this reference becomes a part hereof, and WHEREAS, Meridian Freeway Associates owns the property described on the attached Exhibit "D", which by this reference becomes a part hereof, and WHEREAS, the said 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 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 main over and across the following described property: As set forth on the attached Exhibit "A" (legal description) and "B" (drawing), which by this reference become a part hereof. The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, repair and replacement at the convenience Water Main Easement Page 1 ( ( . of the Grantee, with the free right of access to such facilities at any and all times. TO HA VB AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. 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 has hereunto subscribed their signatures the day and year first herein above written. GRANTORS: DBSI Industrial Limited Pa By DBSI Prope · ,an Idaho limited partnership : imited Partnership, its General Partner By Idaho limited partnership artner By Douglas L. GRANTEE: City of Meri / . / n _ SEAL ;: 7.'G ('.. --- c.... -:;. ~ . ~.. ,C5 '""' ' ~~/ ~-,.. ,~:J'1S1" · X.7 ..::.. flI'/ .,'/ I tt, " " // Co t.<1 \ "..... /;'. U~\rY" f 'l':'" " · ~ III f j" i" ~ · . \ \ , \ , Il;~;!; jli;~\~\' Water Main Easement Page 2 ( ( STATE OF IDAHO ) ) 58. ) COUNTY OF ADA On this 3rd day of August, 2000, before me, the undersigned, a Notary Public, in and for said State, personally appeared Douglas L. Swenson, known to me to be a General Partner ofDBSI Properties Company Limited Partnership, the partnership that executed the foregoing instrument in its capacity as general partner ofDBSI Industrial Limited Partnership on behalf of said partnership, and acknowledged to me that said partnership executed the same. IN WITNESS WF!EREOF.,~I have hereunto set my hand and affixed my official seal the day and ,..... .. ,""" J" year in this ~$:9~te' ~~t~a6~ve written. f...~'~.~~~. :. .-. ': ,~ ~. >",.:~.~ -=..~~ ublic for Idaho Residing at Boise, Idaho eommission expires \ f) .. I ~ ~ \ ~ .......... ~ STATE OF IDAHO ) )ss. County of Ada ) On this 3rd day of August, 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared Douglas L. Swenson, known or identified to me to be the President ofDBSI Inc., which corporation is known or identified ~o me to be the general partner of and the partner which subscribed said partnership name to the foregoing instrument, and acknowledged to me that said corporation executed the same in said partnership name. IN WITNESS WHEREOF, I have here hand and affixed my official seal the day and year in this certificate first above writte . ..... 'to;', . :: f//4 . ;- .-3 ~~ If:' i.... 4 ", ;;;~~ ~ ~~~:;;; ~ ~:~ ~"; ;;~ ;~~~ ~,~ ~~. ,~ otaty ublic for the State ofId 0 Residing at Boise, Idaho eommission expires " t.) ,.. l ~ ~~ ,~ u I) ~j J ;) :: ~ , , 0 ,~~ ~ ", "1, .' \' ~~l. t f:J 6, .. .L t\ ~'.J;~"''''' .,,"A ~ .- .." ~ " " r u..:,;.' - ':",t.;;..e01"\ '7, ~ ,~ f/t1t' ~ ""\ .. rt~w ~00 I' .. , " ~ 1':)"' q r 0 .~ f ~1'l),>4,..~1-r.; f~~:,;~ ,"~~~~y ~\ ~ ~ ~ :. -",~ 4 ~ Water Main Easement Page 3 / ( (. \. STATE OF IDAHO ) ) ss ) County of Ada . On this te.1!l day of August, 2000, before me, a Notary Public in and for the State of Idaho, personally appeared Robert D. Corrie and William G. Berg Jr., known to me to be the Mayor and City Clerk, respectively of the City of Meridian that executed the within instrument or the person who executed the instrument on behalf of said corporation and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. . ...... .- U--. . ~1' ~:.---9.,d. +. ..~~' TA ~'.{~ .~,"~O -~ ,.~, . :t:q,' ~ ..,- \ ~ .~,' * * * \t,'l- : en: :>: . \ ; . - \ I · -. \ , . - " ,~ .-. 081031002:23 PM\\DBSI3\SYS\SYS.,&e FWY\E.ASMT. WTRdoc +. :1,.;;----' . ..-<~OFIP .. ........ Water Main Easement Page 4 -( ( ... ..'Quadrant Con s u J.t j n 9, Inc. August 4, 2000 Page 1 of2 EXHIBIT A DBSI INDUSTRIAL LIMITED PARTNERSHIP · WATER LINE EASEMENT A 20-foot \vide \vater line easement located in the Southeast ~ of the SOllthwest ~ of Section 13, Township 3 North, Range 1 West, Boise Meridian, ,Ada County, Idaho, and more particularly described as follows: Commencing at a 5/8" pin marking the South Quarter Comer of said Section 13; thence North 000 11 ' 52" East 48.00 feet along the east line of said Southwest 'l4 of Section 13 to a point on the north right-of-way line of West Overland Road; thence North 89026'27" West 57.34 feet along said north right-of-way line to the POINT OF BEGINNING; thence leaving said north right-of-\vay line Due North 144.38 feet; thence Due East 41.33 feet; thence Due North 20.00 feet; thence Due West 41.33 feet;. thence Due North 201.84 feet; thence North 45000'00" West 150.67 feet; thence Due West 32.89 feet; thence Due North 13.34 feet; thence Due West 20.00 feet; thence Due South 13.34 feet; thence Due West 409.73 feet; thence Due South 467.26 feet; thence South 89026'27" East 20.00 feet; thence Due North 57.51 feet; thence Due East 86.29 feet; thence Due North 20.00 feet; thence Due West 86.29 feet; thence Due North 262.17 feet; thence Due East 86.74 feet; thence Due North 20.00 feet; thence Due West 86.74 feet; thence Due North 87.77 feet; thence Due East 434.34 feet; thence South 45000'OO~~ East 134.10 feet; thence Due South 226.12 feet; thence Due West 59. 90 feet; thence Due South 20.00 feet; thence Due East 59.90 feet; thence Due South 111.62 feet to said north right-of-way; thence South 89026'27~~ East 20.00 feet along said north right-of-way to the POINT OF BEGINNII'G. 405 S. 8th Street, Ste. 295 · Boise, ID 83702 · Phone (208) 342-0J91 · Fax (208) 342-0092 · Internet: quadrant@micron. net Civil Engineering · Surveying · Construction Management ( .. .. .Quo'dront Con 5 ul1' n g, 1 n c. ( \. JUL y 2 7, 2000 PAGE 2 OF 2 V)lC) ~~ <t;~ ~~ 00 00') CJ1~ V) ~a >-Lu Lu ~Q Lu>-- lLJh ~~ 2:0:: oq::O:: a~ Q: lLJ ~ EXHIBIT B CITY OF MERIDIAN WA TERLINE EASEMENT N N. T. s. N90.00'OO"W 578.50' W 20.00' I ,- - - - - - - - -;, ~Og. 7~~ - - - - - - - - - SiJ.J~ - -F - - ~.~~'.-8~ - - - - - - --I ~ ~~rnTYLWE~ I ~ I E 4.34..34 9's. ~ I ~6' )1 >. I t I I~ I~ 10\ I~ I~ IN I~ I · .0 I~ 20' WIDE WA TERLINE EASEMEN T I I r- PROPERTY LINE 1'-0 IC'\J I~ I ILu I~ 10 IlO IP I~ I I TNERSHIP o PAR NDUSTR1AL ~1~6T~1 00034346 D851 ~ARRAN TY D en ~ W 41.33' I ~ N 20.00' E 41.33' I W 59.90' S 20.00'-~ E 59~ 90 I J W 86.29' _-N 20.00' I E 86.291 ~-N !57.S,. E 20.00' 57~341 E 20_00. a N89L6'27"W 577.79' a o POINT OF BEGINNING ~ ~ WA TERLINE EASEMENT F .~ ------~------..N89.26'27..W 571.72;------------ '- ~S~~~~NL~N~fAD. 5 1/4 SECTION 13/ T.JN.,R. 1 Yl. B.M~ (' ( \. EXHIBIT C Property owned by DBS~ Industrial Limited Partnership A parcel of land situated in the Southeast quarter of the Southwest quarter of Section 13, Township 3 N., Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Beginning at a 5/8 pin marking the South quarter comer of said Section 13 and the POINT OF BEGINNING; thence North 00011 '52" East 547.89 feet along the East line of said Southwest quarter of Section 13; thence leaving said East line North 90000'00' West 578.50 feet; thence South 00006' 51 " West 542.31 feet to the South line of said Southwest quarter 0 f Section 13, said line also being the centerline of Overland Road; thence So~th 89026'27" East 577.68 feet along said South line to the POINT OF BEGINNING; EXCEPT that portion situated in the Overland Road right-of-way. 07128/0011;09 AMG:\WP\FINANCE\PENDSALE\MERJFWY\DBSllodustriaJ LP Property Lega1.doc ( ( \. EXHIBIT D Property owned by Meridian Freeway Associates A tract of land situated in the Southeast quarter of the Southwest quarter, Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as fo llows: Commencing at a 5/8" iron pin marking the South quarter corner of said Section 13; thence North 89026'27" West 577.68 feet along the Southerly boundary of said Section 13, which is also the centerline of Overland Road, to a 'li" iron pin which is the real point of beginning; thence continuing North 89026'27" West 248.39 feet along the said Southerly boundary of Section 13 and the said centerline of Overland Road to a Y2" iron pin; thence North 31 006'24" West 421.43 feet along the approximate centerline of a canal to a point; thence North 81 009'35" West 286.31 feet along the approximate centerline of said canal to a point; thence North 0006'51" East 718.08 feet to a 5/8" iron pin on the Southerly right-of-way boundary of Interstate Highway 80; thence South 89053'39" East 1,325.21 feet along the said Southerly right-of-way boundary of Interstate Highway 80, to a 5/8" iron pin on the North-South quarter section line of said Section 13; thence South 0000'00" East 694.94 feet along the said North-South quarter section line to a 5/8" iron pin, which is located 433.94 feet North from the South quarter comer of said Section 13; thence North 87010'49" West 577.46 feet to a 5/8" iron pin; thence South 0006'51" West 456.23 feet to the real point of beginning. EXCEPTING THEREFROM THE FOLLOWING PROPERTY: A parcel of land situated in the Southeast quarter of the Southwest quarter of Section 13, Township 3 North, Range 1 West, B.M., Ada County, Idaho, more particularly described as follows: Commencing at a 5/8 inch iron pin marking the South quarter comer of said Section 13; thence along the East line of said Southwest quarter of Section 13 North 00011 '52" (formerly shown.as North 000 00'00") East 433.49 feet to a point being the Northeast comer ofa tract of land described in Warranty Deed recorded as Instrument No. 95085854, records of Ada County, Idaho, said point being the POINT OF BEGINNING; thence continuing along said East line ( ( North 00011 '52" East 114.40 feet; thence leaving said East line North 90000'00" West 578.50 feet; thence South 00006' 51 " West 86.08 feet to the Northwest corner of said tract described in Warranty Deed recorded as Instrument No. 95085854, records of Ada County, Idaho; thence South 87010' 49" East 578.96 feet along the North line of said tract to the POINT OF BEGINNING.