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HomeMy WebLinkAboutWater Main Easement with Sundance Investments for Sakana Restaurant t,.___ t:._..'! _C: ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 5 BOISE IDAHO 01/12/07 09:24 AM DEPUTY Bonnie Oberbillig 1111111111111111111111111111111111111 REC.O~DED. - REQUEST OF 107005520 Meridian City ........_--~-~--_.- - ---~- WATER MAIN EASEMENT THIS INDENTURE, made this L day ofOeC , 200lobetween ~~~....<>.- )-1..\1";\r..~J-$ , 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 ofthe 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 construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHmIT A and B) 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. 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 water line, Grantee shall restore the area ofthe 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. 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. Water Main Easement Sakana_EASMT _ WTR_MAIN Page nf ~ l._~' ,,:-..::..- 7 .' 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. GRANTOR: Ok -Presfdent- fJ~ S0CfCtBry ~'L~~ STATE OF IDAHO ) ) ss County of Ada ) On this ~ day of ...Lk~~ , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared -#,/1./_ ~--t' J '-;;f': )41~-- ..aDd , known or identified to me to ~_ ~.~~m.y, respectively, of the corporation that executed the within instrumefit,and~ e e 0 me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. c.... ~-/~~, ~;;f ~- NOTARY PUBLICFOF- IDAH~?: /J Residing at ~ ,~ Commission Expires: -+:/'//0 Water Main Easement Sakana EASMT WTR MAIN - ;age~t5.. -. !..~ Water Main Easement Sakana_EASMT_ WTR_MAIN Page ~ nQ GRANTEE: CITY OF MERIDIAN Tammy de ay, r-- ~~~G.(!::;t;~i'- ~ _ 7<O:~;:C>, ,) ,~/:~ ~~--:..~ r\ Approved By City Council On: -'bl.\~ b1'{\U f/~;:::_~"'P, ~\,,\J III/fill 1111,11 STATE OF IDAHO, ) ss. County of Ada ) On this L(fit day of IJanti.F,/I.--?/) ,20 6(before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WilLIAM G. BERG, JR., 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. (SEAL) ....... ~... g!l.8~~. ... 'JtO'fAit,i..yt.. . , " ~ . . . . , . . . ,: .-. . .-. , , . , , . \.~..Jlt_ ~'"!~''' ~ l~"=~fi. ~...... 0- :-.Jh tfJ) IYl Jj,-rz;' -ft-.; NOTARY PUBLIC FOR IDAHO Residing at: VJru. I/:)t;, oJ oR Commission Expires: /0-/5-- i { TEALEY'S LAND SURVEYING 187 E. 50th Street. Garden City, Idaho 83714 (208) 385-0636 Fax (208) 385-0696 Project No.: 3073 Date: November 6, 2006 EXHIBIT "A" DESCRIPTION OF MERIDIAN WATER MAIN EASEMENT FOR SUN DANCE COMPANY ISAKANA SUSHI\ A parcel of land being a portion of Lot 14 of Block 1 of Silverstone Subdivision No. 3 as on file in Soak 86 at Pages 9652 and 9653 in the Office of the Recorder for Ada County, Idaho, said parcel being situated in the NW 1/4 of Section 21, T.3N., R.1 E., S.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at the Northwest corner of said Lot 14; thence along the West line of said lot 14 South 00014'50" West 124.50 feet to the Southwest corner of Parcel "I" as shown on Record of Survey 6550 on file in the Office of the Recorder for Ada County, thence along the South boundary of said Parcel "I" South 89045'10" East 87.00 feet to a point on the East line of a City of Meridian Water Main Easement filed under Instrument No. 10125185 in the Office of the Ada County Recorder which point is also the POINT OF BEGINNING; thence leaving said South boundary at right angles along said East line of the Water Main Easement North 00014'50" East 22.00 feet to a point; thence leaving said East line of the Water Main Easement at right angles South 89045'10" East 10.00 feet to a point; thence at right angles South 00014'50" West 22.00 feet to a point on said South boundary of Parcel "I"; thence along said South boundary North 89045'10" West 10.00 feet to the POINT OF BEGINNING. Said Parcel Contains 220 Square Feet, more or less. 3073-water-easement.doc - anw pageL~ N EXHIBIT liB II WATER LINE EASEMENT EXHIBIT FOR SAKANA SUSHI REST AURANT PORTIONS OF LOTS 13 & 14. SILVERSTONE SUB No.3 SITUATED IN THE NW 1/4 OF SECT. 21. T.3N., R.IE., 8.M., MERIDIAN, ADA COUNTY, IDAHO JL 1[' o I 25 50 I I SCALE IN FEET I" ::: 50' 100 I BEARING CHORD 5 11'47'16" W 34.10' t\I "e-~..q.20- E 7",7" ,---, I I ~ ,-- iiIV' ! I I · · · S_8_9~?':: f ~~'-----=.:":_- . I I I I " ... I > ~~'~'S"NG ~ j > I . . . I I '"I MERIDIAN WATER I I I %. ~ EASEMENT INSTRUMENT 1---( No. 102125185 I '.31 I ~ 01 I lJI,. I I ~ _ I I 0 - I o S 89"45'10" E : I ; ; i I . ~II 01- N 0"14'50"E 10.00' -S 00'14'50" W ; j ~.~I -~~;!~~f<-- ,2200' · I I SW CORNER POINT OF I - :} PARCEL "I" BEGINNING III ROS 6i1,50 I~ lJI ICD I LOT /3. BLK I 1:0= SILVERSTONE U' NO.3 PROPOSED SAKANA SUSHI I;;" 1;;- 18(f) - PROPOSED WATER SERVICE TO SAKANA SUSHI I I I SE CORNER OF" PROPOSED PARCEL "Q" EXISTING CITY OF MERIDIAN WATER EASEMENT ~STRUMENT No. 10414644 I ^ < . > v PIONEER HOLDING BUILDING ^ <.,:> J073 ",,,ridiurl "xhiuil.dwy 11 00 00 14.39; 59 dmorks page2od.