Utility Easement from City a Grantor to CenturyLink as Grantee FinalAfter recording please return to:
Bary Sullivan
12808 NB 54" Way
Vancouver, WA 98682
ADA COUNTY RECORDER Christopher D. Rich 2017-102416
BOISE IDAHO Pgs=5 LISA BATT 10/26/2017 12:55 PM
CITY OF MERIDIAN, IDAHO NO FEE
EASEMENT AGREEMENT
RW# P792600/ Job #N.232396.C.13
(nRCORDING INFORMATION ABOVE)
The City of Meridian, an Idaho Municipal Corporation ("Grantor"), having an address of
33 E. Broadway Avenue, Meridian Idaho, for good and valuable consideration of mutual
benefits, the receipt and sufficiency of which are acknowledged, hereby grants and conveys to
Qwest Corporation, a Colorado corporation d/b/a CenturyLink OC, its successors, assigns,
lessees, licensees, atients and affiliates ("Grantee"), having an address of 100 CenturyLink
Drive, Monroe, Louisiana 71203, Attn: Construction Service, a perpetual, non-exclusive
easement ("Easement") to construct, operate, maintain; repair, expand; replace and remove
Grantee's communication facilities (including utility service if required to operate such facilities)
and other appurtenant equipment and structures as Grantee may require from time to time
(collectively; the "Facilities") over, under, upon, and across the following property located in the
County of Ada, State of Idaho, which Grantor owns ("Easement Tract"):
AN EASEMENT THAT IS DESCRIBED IN ITS ENTIRETY ON EXHIBIT A AND
DEPICTED ON EXHIBIT B ATTACHED TO, AND BY THIS. REFERENCE MADE A.
PART OF THIS AGREEMENT
Grantor further grants and conveys to Grantee the following incidental rights:
(1) A temporary right of way adjacent to the Easement Tract to be used during all periods of
construction, reconstruction, upgrade, reinforcement, repair and removal of the Facilities
upon a strip of land 5 feet wide on the northerly and westerly sides of the boundaries of the
Easement Tract;
(2) The right of ingress and egress over and across Grantor's lands to and from the Easement.
Tract; and
Grantor reserves the right to use and enjoy the Easement Tract so long as Grantor's use does not
materially interfere with the rights granted in this Easement Agreement: Grantor will not erect
any structure or plant trees or other vegetation within the Easement Tract and will not alter the
surface or subsurface of the Easement Tract or the ground immediately adjacent to the Easement
Tract by grading or otherwise excavating.
Grantor warrants that Grantor is the owner of the Easement Tract and will defend title to the
Easement Tract against all claims, Grantee will have no responsibility for environmental
contamination unless caused by Grantee, Grantee will indemnify Grantor for all damages caused
to Grantor as a result of Grantee's negligent exercise of the rights and privileges granted in this
easement.
If Grantor desires to construct improvements on all or a portion of the Easement Tract, Grantor
will provide Grantee with (1) a written notice to relocate the Facilities at least 90 days prior to
the date Grantor.. requires Grantee to vacate the Easement Tract, and an (2) alternate location for
the Facilities on Grantor's property reasonably acceptable to Grantee that is comparable to the
original Easement Tract in terms of size, topography and soil conditions and is as close
proximally as is reasonably practicable to the original Easement Tract (the "New Easement.
Tract"). Following its receipt of Grantor's relocation notice, Grantee will proceed, at Grantee's
sole cost, to redesign the Facilities and move them to the New Easement Tract, Once such
relocation is completed, Grantor will provide Grantee with a new easement substantially
identical to this Easement Agreement for the New Easement Tract which shall be recorded by
Grantee, at Grantee's cost, in the real estate records. Following recording of the new easement,
Grantee :will provide Grantor with a release of this Easement Agreement in recordable form.
The rights, conditions and provisions of this Easement Agreement will run with the land and will.
inure to the benefit of and be binding upon Grantor and Grantee and their respective successors
and. assigns.
(END OF TEXT, SIGNATURES TO FOLLOW ON NEXT PAGE)
GRANTOR
MY Or M)MIDIAN
B'
/f?JA,j
STATE OF IDAHO )
ss.
County of Ada
On this.., — day of 2017, before me IkAl�tm
personally. appeared -11 mm e, I e Wid Way Coles, Icnown or identified to. ni6 to be the
y d C1 Clerk of the . . . . . . . . 'n orporation who executed and. attested, respectively the
t municipal
t�,
,u
VLL un
Vnwellq Ci Cleric
chalf of said Mon corporation, and acluiowledgod to that such m
ipipal -cot al,
corporation oxecuted. the same..
'INI
WITNESS WHEREOF, I' have hereunto set. My hand and affixed my Qfficia seal the
day and year in this certificate, -first above written.
01 A it -Y NOTARY PUBLIC FOR IDAHO
Residing at,C �T I v�L� �L sic
My Commisgio'n Expires P�D
PUS
Exhibit A
LEGAL DESCRIPTION FOR
UTILITY EASEMENT
CENTURYLINK
A strip of land located in the Northeast 1/4 of Section 8 Township 3 North, Range 1 East, Boise
Meridian, Canyon County, Idaho. Being furtherdescribed as follows:
BASIS OF BEARINGS:
The South line the Northeast 1/4 of Section 8 Township 3 North, Range 1 East, Boise Meridian,
derived fi-om found monuments and taken as South 89°54'50" East with the distance between
monuments found to be 2,615.04.
Beginning, ata point being the Northwest corner of Gemstone Center No. 2 subdivision
recorded in Book 74 of plats Page 7664, Ada County, from which the Center 1/4 corner of said
Section 8 bears, South 30°13'22' West a distance of 1,329.91 Peet;
thence along the North line of said Subdivision, South 89°36'04" East a. distance of 54 feet;
thence leaving said North Line, North 00°3.0'23" East, to a point on the South line of Lot:2
Block 3 Treasure Valley Business Center Phase 1 recorded in Book 53 of plats Page 4790, Ada
County, a distance of 60.00 feet;
thence along said South line, North 89136'04" West a distance of 4.00 feet;
thence leaving said. South line, South 0090'23" West a distance of 56.00 feet;
thence North 89°3.6'04" `West, to a point on the EastRight-of--way of North Hickory Avenue, a
distance of 50.00 feet;
thence along said Right-of-way, South 00°30'23 West a distance of 4.00 feet to the POINT OF
BEGINNING.
Said Parcel containing 1440 square feet, more or less and is subject to all. existing easements
and rights -of -ways of record or implied.
END OF DESCRIPTION
Kenneth H. Cook, P.L.S. 9895
Timberline Surveying
847 Park Centre 'Way, Suite 3
Nampa, Idaho 8365.1
(208) 465-5687
Exhibit B
OA
co
,.
01,
o,C'
H. H I C K 0 R Y AVENUE
y
ca
sQs9y I of
n I
M
N00°30'23"E - 60.00'
4.00' 56.00' C
EASEMENT
I Iz I
y (co cn a
I� r
ccoo I OW' owi �'•
mI q m
z o ' I to
rn "' oo vi) -�i I� N c
1 'bc0°o I o y oo y
y ,�, y Z I IN z
0m o0 0I I I m
DOnO aim N co
C) M M
( - S00030'23"W56-.00-'-- _oo
to
o m z ---=--_
n 0'-2- .Z C ,
Oo l y
to
X
'zi I w' h1 C)N
r -n
rny
4Z
1°°
to
o:
0