HomeMy WebLinkAboutWater Main Easement with Terteling Trust #7 for Swire Coca Cola~~ -
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WATER MAIN EASEMENT
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THIS INDENTURE, made this ~ day of ~Vo/ , 20~between Terteling Trust ~~7
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 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 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 descnbed 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
Water Main Easement Page 1 EASMT.WTR
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 ot, 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 yeaz first herein above written.
GRANTOR:
-~rii~'a~izzi T/Z ~S ~ c'~
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STATE OF IDAHO )
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County of Ada )
On this 30`~ day of lVo y[,rn, b-~/ , 20~, before me, the undersigned, a Notary
Public in and for said State, personally appeared S ~- ~ Tix' ~ ¢. (~ ~ and
known or identified to me to be the ~ and
Y RSYt L
-~sreta~- respectively, of the s~pe~~e~- that executed the within instrument, and
acknowledged to me that such corpoion executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and yeaz fist above written. ~ / ~ ~
,o`` SUSAN~~'''%,, NOTARY PUBLIC FOR IDAHO
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Easement Page 2 EASMT.WTR
GRANTEE: CITY OF MERIDIAN
o rt D. Corrie, Mayor
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Attest by William G. Ber ,City Clerk
Approved By City Council On: ~ 2 !8
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Water Main Easement Page 3 EASMT.WTR
"•ldaie' 06 O1 01:47p Toothman-Orton Engrg. Co. 208-323-2399 p.li
Uct._6. 2CCi IC:4CaR~ ENG)hiEERING NW
~r.Li69 F. 4/h
Engineering North West, LLC
10221 Weat Emerald, Suue 140 Boise, Idaho 83704
Project No. Ol -005-00
EXIIIBIT "A"
(208) 376-5000 • Fax (208) 376..SSSG
Date: 5-2-2001
COCA-COLA MERIDIAN
WATER EASEMENT DESCRIPTION
An easement over a parcel of land lying in a portion of the SE 1/4 of the SW 1/4 of
Section 18, T. 3 N., R. 1 E., B. M., Meridian, Ada County, Idaho, more particularly described as
fol{ows:
Commencing at the 1/4 section corner common to Sections 18 and I9, of said T. 3 N.,
R. 1 l;.;
Thence North U°28' 14" East on the. north-south mid-section line of said Section I 8,
~t 14.60 feet to the REAL POINT OF BEGINNING of this easement;
Thence continuing North 0°28'14" East on said mid-section line, 20.00 feet;
Thence North 89°3 I'46" West, 4.00 feet to a point on the easterly boundary of that
easement as described in instrument number 8708620, of Ada County Records;
Thence South 0°28' 14" West on said easement easterly boundary, 20.00 feet;
Thence South 89°31'46" East, 4.00 feet to the real point of beginning. Containing 80
square feet more or less.
PREPARED BY:
Engiaeereng NorthWes~ LLC
CoG~ Cola Meridian Water Famae rksc.doc
age 1 of 1
James R. Waa6burn, PLS
EXHIBIT B
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