Water Main Easement with Kimball Properties Limited Partnership for Retail Building
AOA COUNTY RECORDER J, DAVID NAVARRO
I BOISE IDAHO 07114/04 10:12 AM
DEPUTY Bonnie Oberbillig
RECORDED-REQUEST OF 1111111111111111111111111111111111111
Meridian City
"AMOUNT ,00___- t04088785
WATER MAIN EASEMENT
THIS INDENTURE, made thiffi day of
Limited Partnership, an Idaho general partners
("Grantee");
, 2004 between Kimball Properties
("Granlor"), and the City of Meridian, Ada Coun1y, Idaho.
WITNESSETH:
WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the water main is 10 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 trom
time to time by the Grantee;
NOW, THEREFORE, in consideration of the benefils to be received by Ihe Granlor. and other good
and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-
of-way for an easement for the construction, operation, maintenance, repair and 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 ofa waterline and their
allied facilities, together with their maintenance, additional connection thereto, repair and replacemenl
at the convenience of the Grantee, with the tree right of access 10 such facilities at any and all times,
TO HAVE AND TO HOLD, the said easement and right-of-way un10 the said Grantee, it's successors
and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, Ihat after
construction, making repairs, performing other maintenance or making subsequent conneclion to Ihe
water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to
undertaking such construction, repairs and mainlenance. 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 GRANTOR hereby covenants and agrees that it will not place or allow to be placed any
permanent structures, trees, brush, or perennial shrubs or flowers wilhin Ihe area described for this
easement, except within the planter areas shown on Exhibit B, which would interfere with the use of
said easement, for the purposes stated herein.
THE GRANTOR hereby covenanls and agrees with the Grantee that should any part ofthe right-of-
way and easemenl 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
Water Main Easement
EAS;~:.r:á.
effect and shall be completely relinquished.
THE GRANTOR does hereby covenant with the Granlee that it is lawfully seized and possessed of the
aforementioned and described tract of land, and that it has a good and lawful righl to convey said
easement, and that it will warrant and forever defend thetitIe 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:
~-
Au onzed e esen e
STATE OF IDAHO)
) ss
County of Ada )
On this ~ day of --:r u. '-11.'" ,2004, before me, the undersigned, a Nolary Public in
and for said State, personally appeared Winston H. Moore, known or identified to me to be a
partner of Kimball Properties Limited Partnership, a partnership, and he duly acknowledged
to me that he executed the within instrument on behalf of said partnership and that said
partnership executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist above written,
"""""'"
""';'SÀ CO/","
..' 'v~ ...,..... .1'0 -',
I ~ .." .", '1> '\
(SEAIj ¡ ~OTA./lr;' \
: * : -.- : * :
i \ Þ!JBL\C J i
\. <Þ;. ... ... 0 ¡
-, -1]'. ...... t-~'4'
"1,..1] OF \~ "...,
. ."oo...,
AJef/7f1 to! tDVì
NOTARY PUBLIC FOR IDAHO
Residing at ~'7L
Commission Expires: 10 ~ \. nb
Water Main Easement
EASMT WTR.doc
PagA ~ nf c:; ~
GRANTEE: CITY OF MERIDIAN
STATE OF IDAHO,
: ss,
)
On this ~d2.y of Ju."e- , 2004, 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 execuled the same.
County of Ada
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written.
(SEAL)
..............."-.
~ C~ L, SAlI'~
, ~~+ \
f '{ +o-:.~It¥ "\ * \
=*k-- c J ลก
\ <I'. ll1B"~AVo .
~'-~.f .-. t.~
,,"8 OF \9...
.............,
Water Main Easement
EASMT WTR,doc
~
EXHIDIT A- WATERMAINEASEMENT-EL DORADO RETAIL BUILDING
A 20 foot wide water main easement located in the East Y:. of Section 20, Township 3
North, Range 1 East, Boise Meridian, Ada County. Said easement .crosses Lot 6, Block 5
of the Bonito Subdivision, recorded as instrument number 103142839 in the office of the
Ada County Recorder on August 22, 2003, in Book 86 of Plats at pages 9783 through
9788. Said easement is more particularly described as follows:
Commencing at the southwest comer of said Lot 6, said comer being the POINT OF
BEGINNING thence, along the lot line common to said Lot 6 and Lot 4 of said Block 5
North 74°24'32" East 118.20 feet; thence, departing from said common lot line
North 74°24'32" East 47.56 feet; thence,
North 29°24'32" East 48.36 feet; thence,
North 60°35'28" West 20.00 feet; thence,
South 29°24'32"West 40.07 feet; thence,
South 74°24'32" West 157.17 feet to a point on the eastern right-of-way of South Bonito
Way; thence, along said right-of-way,
20.00 feet on a curve to the left, said curve having a radius of 663.00 feet, a delta angle of
1 °43'43" and a chord bearing South 14°43'37" East 20.00 feet to the POINT OF
BEGINNING.
Said easement contains approximately 4,115 square feet, more or less, and is subject to
all existing easements of record or use.
p~
WATER MAIN EASEMENT
AFFECTING BONITO SUBDIVISION, LOT 6, BLOCK 5
BLOCK 5
d
J
BONITO SUBDIVISION
LINE TABLE
LINE T LENGTH I BEARING
LIT 20.001 N60'35'28ÐW
CHORD BRG. CHORD
SI4°43'37"E 20.00'
LEGEND
GRAPHIC SCALE
0 IS' 30'
~
F PROPOSED FIRE LINE
w DOMESTIC WA TER
ROW RIGHT-OF-WAY
PROPERTY BOUNDARY
- - - - - -EASEMENT BOUNDARY
1 INCH = 30'
EXHIBI