Water Main Easement with Kimball Properties Limited Partnership for Sierra Plaza
ADA COUNTY RECORDER J, DAVID NAVARRO
BOISE IDAHO 07/14/04 10:12 AM
DEPUTY Bonnie Oberbillig
RECORDED - REQUEST OF
Meridian City
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WATER MAIN EASEMENT
1111111111111111111111111111111111111
104088786
THIS INDENTURE, made thi@ day of
Limited Partnership, an Idaho general partnershi
("Grantee");
, 2004 between Kimball Properties
'Grantor"), and the City of Meridian, Ada County, Idaho,
WITNESSETH:
WHEREAS, the Grantor desires to provide a waler 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 benefils to be received by the Granlor, and other good
and valuable consideration, the Grantor does hereby give, graJll 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 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 tree righl 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 herel0, that after
construction, making repairs, perfonning other maintenance or making subsequent connection to the
waler line, Grantee shall restore the area of the 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 GRANTOR hereby covenants and agrees that it will not place or allow 10 be placed any
permanent structures, trees, brush, or perennial shrubs or flowers within the 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 covenants and agrees with the Grantee that should any part of the righl-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
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effect and shall be completely relinquished,
THE GRANTOR does hereby covenant wi1h the Grantee that it is lawfully seized and possessed of1he
aforemenlioned and described tract of land, and that it has a good and lawful right to convey said
easement, and 1hat it will warrant and forever defend 1he title and quiet possession thereof against the
lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, 1he said parties of1he first part have hereunto subscribed their signatures
the day and year flfst herein above written.
GRANTOR:
STATE OF IDAHO)
) ss
County of Ada)
On this ----3-- day of T (A." ,-'" , 2004, before me, the undersigned, a Notary 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 seal1he day and year
fist above written.
(SEAL)
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GRANTEE: CITY OF MERIDIAN
Approved By City Council On:
STATE OF IDAHO,
: ss,
County of Ada
On this ~dayof - )u"-¿ ,2004, before me, the undersigned, a
Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG,
JR., Imown to me 10 be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who
executed the within instrument, and aclmowledged 10 me that the City of Meridian executed Ihe same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written.
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EXHIDIT A - WATER MAIN EASEMENT - SIERRA PLAZA BUILDING
A water main easement located in the East V. of Section 20, Township 3 North, Range 1
East, Boise Meridian, Ada County. Said easement crosses Lot 6, Block 4 of the Bonito
Subdivision, recorded as instrument number 103142839 in the office ofthe 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 corner of said Lot 6, thence along the lot line common to
said Lot 6 and Lot 5 of said Block 4 North 90°00'00" East 215.12 feet to the POINT OF
BEGINNING thence, continuing along the said common lot line
North 90°00'00" East 20.00 feet; thence, departing from said common lot line
North 00°00'00" East 48.13 feet; thence,
North 90°00'00" West 198.39 feet; thence,
North 51 °43'13" West 23.06 feet; thence,
South 83°16'47" West 23.96 feet, to a point on the eastern right-of-way of South Bonito
Way; thence, along said right-of-way,
31.62 feet on a curve to the left, said curve having a radius of2,037.00 feet, a delta angle
of 00°53 '22" and a chord bearing South 05°21 '26" East 31.62 feet; thence,
departing from said right-of-way
South 90°00'00" East 217.34 feet; thence,
South 00°00'00" West 28.13 feet to the POINT OF BEGINNING.
Said easement contains approximately 5,757 square feet, more or less, and is subject to
all existing easements of record or use.
paseLL5....
WATER MAIN EASEMENT
AFFECTING BONITO SUBDIVISION, LOT 6, BLOCK 4
BONITO SUBDIVISION
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BLOCK 4
LOT 5
N90'OO'OO"E
215.12'
GRAPHIC SCALE
a IS' 30'
~
LINE TABLE
LINE LENGTH BEARING
L1 23.96 S83'16'47"W
L2 23.06 N51'43'13"W
L3 28.13 SOO'OO'OO"W
L4 20.00 N90'00'OO"E
LEGEND
ROW RIGHT-OF-WAY
- - PROPERTY BOUNDARY
- - - - - -EASEMENT BOUNDARY
F PROPOSED FIRE LINE
W PROPOSED WA TER MAIN
I ~;:I~I~'B II
CHORD
31.62'