Water Main Easement with Terteling Trust #7 for Swire Coca Cola
2002 JA I 0 AtlIO: I 6
RECORDED - REQUEST OF
-FEE~DEPUTY~~
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(J MERIDIAN C;U 't
ADA COUNTY RECORDER
J. DAVID ~;AVARRO
f\n!5E.10:,,:0
WATER MAIN EASEMENT
TillS INDENTURE, made this ~ day of~, 20..Qlbetween Terteling Trust 117 ,
the parties of the first part, 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 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 /Tom time to time by the Grantee;
NOW, THEREFORE, in consideration ofthe 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, maintenance, repair,
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 fàcilities, together with their maintenance, additional connection thereto, repair
and replacement at the convenience of the Grantee, with the /Tee 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 after making repairs, perfurming other maintenance or making subsequent connection to
the water line, Grantee shall restore the area of the easement and adjacent property to that
existent prior to undertaking such repairs and maintenance. However, Grantee shall not be
responsible for repairing, replacing or restoring anything placed within the area descn'bed in
this easement that was placed there in violation of this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
any pennanent structures, trees, brush, or perennial shrubs or flowers within the area
described for this easement, which would interfere with the use of said easement, for the
Water Main Easement Page I EASMT.WTR
purposes stated herein.
THE GRANTORS hereby covenant and agree with the Grantee that should any part of the
right-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 effect and shall be completely relinquished,
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 herein above written.
GRANTOR:
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g"".GtftI]
STATE OF IDAHO)
) ss
County of Ada )
On this 30'f!::. day of NouLrn.~ , 2oQL before me, the undersigned, a Notary
Public in and for said State, personally appeared 5. L. TO'" t l. \ ì ~. and
, known or identified to me to be the ~ and
C' <no' Ü. I f the ati that t d th ,thin instrum' ,u't'~ d
..@eFe....äy, respec ve y, 0 66!,!,sr,..eB execu e e WI en, an
acknowledged to me that such co~&tion 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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NOTARY PUBUC FOR IDAHO
Residing at 'Boí~/..rD fk/Q (!o~
Commission Expires: .3 k¿/ zoo l..
Page 2
EASMT.WTR
GRANTEp: CITY OF MERIDIAN
Approved By City Council On:
Water Main Easement
Page 3
EASMT,WTR
" N<>V' 06 01 01:47p Toothman-Or-ton En!!;r-!!;. Co.
~ct.:6 1001 1040.411 ENGINEERING NW
208-323-2399
No 1769
p. 11
p. 4/5
Engineering North West, LLC
10221 Wes1lJrneraId. Suite 140 1!oÎ!e. Idaho 83704
(208) 376-5000 0 Fax (208) 376-5556
Project No. 01-005-00
Date: 5-2-2001
EXHIBIT "A"
COCA-COLA MERIDIAN
WATER EASEMENT DESCRIPTION
An easement over a parcel ofland lying in a portion of the SE 1/4 of the SW 1/4 of
Section 18, T. 3 N" R. I E., B. M., Meridian, Ada County, Idaho, more particularly described as
follows:
Commencing at the 1/4 section comer common 10 Sections 18 and 19, of said T. 3 N.,
R.I E.;
Thence North 0°28'14" East on the north-south mid-section line ofsaid Section 18,
414.60 feet to the REAL POINT OF BEGINNING of this easement;
Thence continuing North 0°28'14" East on said mid-section line, 20,00 feet;
Thence North 89°31 '46" West, 4.00 feet to a point on the easterly boundary of that
easement as described in instrument mnnber 8708620, of Ada County Records;
Thence South 0°28'14" West on said easement easterly boundary, 20.00 feel;
Thence South 89°31 '46" East, 4.00 feet to the real point of beginning. Containing 80
square feel more or less.
PREPARED BY:
EngiDeeriug NorthWest, LLC
------
James R. Washburn, PLS
Co"," Col. MeriWon W"... ~ Dcsc.doc
Po.. I of J
EXHIBIT B
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OVERLAND
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BASIS OF