Water Main Easement with Touchmark of the Treasure Valley, LLC for Touchmark Living Center Subdivision
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 08116104 12:41 PM
DEPUTY Bonnie Oberbillig
RECORDED-REQUEST OF
Meridien City
AMOUNT .00
1111111111111111111111111111111111111
104105073
_/
WATER LINE EASEMENT
THIS INDENTURE, made this ~ day of ~ ' 2<d'1 between TOUCHMARK OF THE
TREASURE VALLEY, LLC., the parties of the fir art, 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 line right-of-way across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the water is to be provided for through underground pipelines to be constructed by
others; and
WHEREAS, it will be necessary to maintain and service said pipelines uom 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 water lines over and
across the following described property:
(SEE ATTACHED "EXHIBIT A"AND "EXHIBIT B")
The easement hereby granted is for the purpose of construction and operation of sanitary sewer
and water mains and their allied facilities, together with their maintenance, repair and
replacement at the convenience of the Grantee, with the uee 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 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 orrestoring 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.
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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 hereinabove written.
TOUCHMARK OF THE TREASURE VALLEY, LLC.
L p. ~~
Werner G. Nistler, C.E.O.
STATE OF f!J~td1
County of W4SK,ÌAf /liVJ
On this 'Z31ay ofJ AiI"-'IWt.(, 20DÝ, before me, the undersigned, a Notary Public in and for
said State, personally appeared Wemer G. Nistler, known or identified to me to be the Chief Executive
Officer, ofthe limited liability company that executed the within instrument, and acknowledged to me
that such limited liability company executed the same.
)
) ss.
)
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written. Ja . A . A
., ~;~:~:~~:N ~!1;;Lfr::; ~ ~
COMMISSION NO. 34BBB9 Residing at I/!LiiI. fncM1. AÁ ~ .
MY COMMISSION EXPIRES AUG. 14, 2005 AtiA Ju .r
My Commission Expires - - Ù . Þ -(¡1..øJ
GRANTEE:
Approved By City Council On:
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STATE OF IDAHO, )
: ss.
County of Ada )
On this~day of ()...~\JJ:ì:\ ,2004, before me, the
undersigned, a Notary Public in and for said ~te, 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 above written.
~\\L C\ . ~~
NO ARY PUBLI<t FOR IDAHO [\ ,.II
RESIDING AT: Y'\~ .....J!.lJ.
MY COMMISSION EXPIRESJr;=d:"-L)<1
(SEAL)
page..2LoLll.
EXHIBIT "A"
CITY OF MERIDIAN
WATER LINE EASEMENTS
IN LOTS 1 AND 2, BLOCK 1
TOUCHMARK LIVING CENTER SUBDIVISION
Three easements being portions of Lots 1 and 2, Block 1, Touchmark Living Center
Subdivision, located in the NW Y. of Section 16, Township 3 North, Range 1 East, Boise
Meridian, Meridian, Ada County, Idaho, being more particularly described as follows:
EASEMENT NO.1
Commencing at the Northwest Corner of Section 16, Township 3 North, Range 1 East,
Boise Meridian, thence S 89.23'43" E 1015.45 feet along the north line of said Section 16
to a point;
Thence S 00°20'17" E 1327.17 feet to the Southwest corner of Lot 1, Block 1, Touchmark
Living Center Subdivision;
Thence S 89.26'11" E 340.00 along the south line of said Lot 1 to a point;
Thence N 00.00'00" W 51.35 to the Real Point of Beginning of this description for
Easement No.1;
Thence N 90.00'00" W 249.25 feet to a point;
Thence S 00.00'00" E 17.50 feet to a point;
Thence N 90.00'00" W 10.00 feet to a point;
Thence N 00.00'00" W 17.50 feet to a point;
Thence N 90.00'00" W 12.75 feet to a point;
Thence N 00.00'00" W 219.00 feet to a point;
Thence S 90.00'00" E 21.00 feet to a point;
Thence N 00.00'00" W 21.90 feet to a point;
Thence S 90.00'00" E 10.00 feet to a point;
Thence S 00.00'00" E 21.90 feet to a point;
Thence S 90.00'00" E 241.00 feet to a point;
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Thence S 00°00'00" E 20.00 feet to a point;
Thence N 90.00'00" W 252.00 feet to a point;
Thence S 00.00'00" E 179.00 feet to a point;
Thence S 90°00'00" E 252.00 feet to a point;
Thence S 00.00'00" E 20.00 feet to the Real Point of Beginning.
EASEMENT NO.2
Commencing at the Northwest Comer of Section 16, Township 3 North, Range 1 East,
Boise Meridian, thence S 89°23'43" E 1015.45 feet along the north line of said Section 16
to a point;
Thence S 00°20'17" E 1327.17 feet to the Southwest corner ofLot 1, Block 1, Touchmark
Living Center Subdivision;
Thence S 89°26'11" E 340.00 along the south line of said Lot 1 to a point;
Thence N 00.00'00" W 173.98 to the Real Point of Beginning of this description for
Easement No.2;
Thence N 90.00'00" W 17.25 feet to a point;
Thence N 00.00'00" W 16.75 feet to a point;
Thence S 90.00'00" E 17.25 feet to a point;
Thence S 00.00'00" E 16.75 feet to the Real Point of Beginning.
EASEMENT NO.3
Commencing at the Northwest Corner of Section 16, Township 3 North, Range 1 East,
Boise Meridian, thence S 89.23'43" E 1015.45 feet along the north line of said Section 16
to a point;
Thence S 00.20'17" E 1327.17 feet to the Southwest corner of Lot 1, Block 1, Touchmark
Living Center Subdivision;
Thence S 89.26'11" E 372.00 along the south line of said Lot 1 to a point;
Thence N 00.00'00" W 51.66 to the Real Point of Beginning of this description for
Easement No.3;
Thence N 00°00'00" W 20.00 feet to a point;
n'llo
Thence S 90°00'00" E 248.50 feet to a point;
Thence S 00.00'00" E 20.00 feet to a point;
Thence N 90.00'00" W 248.00 feet to the Real Point of Beginning.
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EXHIBIT "B"
B ! 9.1 E. FRANKLIN ROAD
17~6.../'-t' -. 2. !I9...:.?~'.£".E_. _. _.-S
; 1015.45'
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~ / NUMBER BEARING DISTANCE
L1 S 00"00'00. E 17.50'
L2 N 90"00'00. W 10.00
e.. L3 N 00"00'00. W 17.5
~ ~ ~ 0'00: ~ ~~~~,
'V / I L6 N 0'00. W 21.90'
~' L7 S 90"00'00 E 10.00'
LB S 00'00'00 E 21.90'
I L9 N 90"00'00. W 17.25'
L10 N 00"0000. W 16.75'
L11 S 90"00'00. E 17.25'
--------/ I L12 N 00"0000 W 16.75'
L13 S 00"00 00 E 20.00'
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I I N 90'OO'WW 252.0õ" -=\8°1
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EASEMENT 1 gl ß RPOB.2
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: ~I I~ 1~ ~I I EASEMENT 3
I IL4 L .....§....90'OO'OO.::...£.. 252.00' ~ ¡g:= ~ 90'00'0~E 248.5L =:JS
I ~ ""N"'90.00'00--W 249.25'T RPOB ~ I I.RPOB.JN 90'OO'0õ"'W 248.5¡Y--
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- 1 ___~J9' 26' 11' E 340.00' ¡;:¡[32.00je¡¡
~ -------- -- --------
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BLOCK 1
1
2
ST, LUKES
UNPLA TTED
DESIGN
WATER EASEMENTS AT
LOTS 1 AND 2, BLOCK 1
TOUCHMARK UViNG CENTER SUBDIVISION
IN THE NW 1/4 OF SEC110N 16,
T,JN., R.1E., B.M., MERIDIAN, ADA COUNTY, IDAHO
DRAfT SCALE DATE DWG.NO.
MEM NTS 7/27/04 30515
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IRIGC18 ENGINEERING,IIIC.
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ENGINEERS PLANNERS SUIMYORS
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SHEET
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EXHIBIT