Water Main Easement with Sundance Limited Partnership Investments for Amberpoint Onyx
ADA CDUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 11118/04 09:38 AM
DEPUTY Vicki Allen 1111111111111111111111111111111111111
RECORDED-REQUEST OF 104146439
Meridian Cily
WATER MAIN Er,
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THIS INDENTURE, made thisL day of September 2004 between ~~I f' IÞI\les'I"Me..'T'S
the parties of the first part, and hereinafter called the Grantors, and the City of Mehdian, Ada
County, Idaho, the party ofthe 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 and service 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 and maintenance 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, 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 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 or restoring 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.
THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and
possessed of the aforementioned and described tract ofland, 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.
Water Main Easement Page 1 C046191
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IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR:
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Christopher L. Anderson
Agent of Sundance Limited Partnership Investments
STATE OF IDAHO)
) ss
County of Ada)
On this J5~ day of September, 2004 before me, the undersigned, a Notary Public in
and or said State, personally appeared Christopher L. Anderson known or identified to me
to be an agent of the Limited Partnership nf ill» FrQtiGfi that executed the within
instrument, and acknowledged to me that such Limited 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.
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Water Main Easement
Page 2
CO46191
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CITY OF MERIDIAN
STATE OF IDAHO,
: SS.
County of Ada, )
On this £'day of Od-o btr ,2004, before me, the undersigned, a
Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and William
G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who
subscribed their names to 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 and year fIrst above written.
SEAL
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EXHIBIT "A"
WATER EASEMENT
A water easement across a portion of Lots I and 2, Block 3 of SILVERSTONE
CAMPUS SUBDIVISION, as shown on the official Plat recorded in Book 89 of Plats at
pages 10295-10299, records of Ada County, Idaho, located in the NE1I4 of the NWl/4 of
Section 21, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada
County, Idaho and more described as follows:
Commencing at a brass cap monument marking the NE corner of the NW1/4 of said
Section 21, thence along the East line of the NW 1/4 of said section 21, also being the
East line of said Lots I and 2, SOooll '32"W a distance of 288.69 feet to a point, from
which a brass cap monument marking the SE corner of the NW1I4 of said Section 21
bears SOool I '32"W a distance of2368.25 feet, thence leaving the East line of the NW1I4
of said section 21 N89°48'28"W a distance of23.40 feet to a point being the POINT OF
BEGINNING;
Thence 10.00 feet on both sides of the following described line, with margins shortening
and lengthening to intersect adjoining property lines;
Thence NOoo49' 11"E a distance of 13.07 feet to a point;
Thence N89°1O'54"W a distance of 142.82 feet to a point;
Thence N70o58'36"W a distance of26.73 feet to a point;
Thence NI9°05'OO"E a distance of 47.07 feet to a point;
Thence N70o55'OO"W a distance of 41.82 feet to a point on the East right-of-way line of
South Topaz Way, being the terminus of said easement.
Said parcel contains 5,431 square feet more or less and is subject to all existing
easements and rights-of-ways of record or implied.
C04619t - water.easement2 Jegal- 091004wdg.doc
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EXHIBIT "8"
WATER EASEMENT
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A PORTION OF LOTS I AND 2. BLOCK 3 OF SILVERSTONE CAMPUS SUBDIVISION
BOOK 89 OF PLATS PAGES 10,295 TO 10,299
A PORTION OF THE NEI/. OF THE NWI/.
OF SECTION 2. TOWNSHIP 3 NORTH. RANGE I EAST, BOISE MERIOIAN.
¡' CITY OF MERIDIAN20~~A COUNTY, IDAHO
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DETAil FilENAME: PINN A CLE DRAWN BY:
C04619 Lwater easement.dwg WDG
CREATION DATE: Engineers, Inc. CHECKED BY:
12552 W. '"wl'" Dc,S,"' 8. 801". Idoho
09-10-04 83713 EAS
(208) 887-7760
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