Water Main Easement with Van Hees Properties, LLC for Hark's Corner
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RECORDED - REQUEST OF
FEE'£-DEPUTff
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MERIDIAN (;in ...
~\)f, COUNTY RECORDER
.J. ON~I[) NAVARRO
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WATER MAIN EASEMENT
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THIS INDENTURE, made this l"i - day of :¡'¡e','=Ðer , 2001 between
Van Hees Properties. LLC ,the parties ofthe first part, and hereinafter called the Grantors, and the
City of Meridian, Ada Connty, 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 bonnded and described; and
WHEREAS, the water main is to be provided for through an nndergronnd 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 benefits to be received by the Grantors, and
other good and valuable consideration, the Grantors do hereby give, grant and convey nnto
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 facilities, together with their maintenance, additional connection thereto,
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 nnto 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, performing 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 nndertaking such 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 GRANTORS hereby covenant and agree that they will not place or allow to be placed
any permanent 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
purposes stated herein,
Water Main Easement
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EASMTWTR
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THE GRANTORS hereby covenant and agree with the Grantee that should any part ofthe
right-of-way and easement hereby granted shall become part of, or lie within the bonndaries
of any public street, then, to such extent, such right-of-way and easement hereby granted
which lies within such bonndary 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 herennto subscribed their
signatures the day and year first herein above written,
OR LJL
STATE OF IDAHO)
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County of Ada )
On this .:)("+tL day of t-JI'\IJemb;:>r ,2001, before me, the undersigned, a Notary
Public in and for said State, personally appeared Larrv Van Hees
-, known or identified to me to be a Managing Member of the Limited Liability
Company that executed the within instrument, and acknowledged to me that such Limited
Liability Company executed the same.
IN WITNESS WHEREOF, I have herennto set my hand and affixed my official seal the day
and year fist above written,
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Water Main Easement
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NOTARY PUBLIC FOR IDAHO
Residing at "-J()..rYLf'{)., tc:h..Ju>
Commission Expires: 3/01 j 0 (p
Page 2
EASMTWTR
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Rob rt D. Corrie, Mayor
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Attest by William G, Berg, ity erk
Approved By City Connci1 On:
Water Main Easement
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EASMTWTR
PROJECT: 528235-02
DATE: November 7, 2001
REVISED: January 3, 2002
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" ~G'NEERS
EXHIBIT A
WATER LINE EASEMENT
HARK'S CORNER
An easement being a portion oflots 2, 3, 4, and 5 ofVanHeesSubdivision, as filpd for record in
the office of the Ada CountyRecorder, Boise, Idaho, in Book 12 ofPI¡¡'ts, at page 688, and situated in the
Northeast'", of the Northeast 14 of Section 14, Township 3, North, Range 1 West, Boise Meridian, Meridial)
City, AdaCouDty, Idaho, and more particularly described as follows:
Commencing at a brass cap monumenting the north~astcomer of said Section14" froin which an
iron pin monumenting the nor!hwestcornerofsaidNortheastl4ofSeetion 14 bears North 89°13'17" West
2657,87 feet;
thence along the northerly boundary of said Section 14, North 89°13' 17"Wes! 270.69 feet;
thence leaving said northerly boundary South 00°46'43" West 45.00 feet to thesoutherÎyright-of-
way of Franklin Road, being the,POlNT OF BEGINNING;
thence ,along the centerline of a 20,00 foot wide easement being 10,00 each side of said centerline
the following courses:
South 00°46'43" West 60.00 feet to Point A of this description;
tIIence continuing South 00046'43"West42.00 feet;
thence North 89°13'17"West20.oo feet;
thence South 00°46'43" West36,50 feet to PointB of this description;
thence continuing South, 00°46'43" West 3.20 feet;
thence South 44°13'17" East 31.19 feet;
thence South 89013'17" East 63.60 feet to Point D of this description;
thence continuing,South 89°13'17" East 170,13 feet to the westerly right-of,way of Linder Road,
being the POINT OF TERMINUS.
AND ALSO
A 10.00 foot wide easement being 5.00 feet each side of the following described centerline:
BEGINNING at the above described Point A;
Page10f2
52823504.doc
POWER Englne.rS.-:~~~?"r:~~
1295 S. Eagle Flight Way
Boise, Idaho 83709
Phone (208) 378-0022
Fa> (208) 378-0025
thence North 89° 13' IT' West 1O4.39feet;
thence North 0OO46'43"East 21.17 feet to the POINT OFTERMlNUS.
AND ALSO
A. 10.00 foot wide easement being 5,00 feet each side of the following described centerline:
BEGINNING at the above described Point B;
thence North 89°13' IT' West3t.26 feet to the POlNTOF TERMINUS.
AND ALSO
A 20.00foot wide easement being 10,00 feet each side of the following described centerline:
BEGINNING at the above described Point C;
thence North 89°13'tT' West 156.56 feet to the POlNTOF TERMINUS.
AND ALSO
A 10.00 foot wide, easement being 5.00 feet each side of the following described centerline:
BEGINNING at the above described Point D;
thence North 00°46'43" East 44.86 feet to thePOlNT OF TERMINUS.
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52823504.doc
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HARK'S CORNER
WATER LINE EASEMENT
SrrUATED IN LOTS 2 THROUGH 5, VAN HEES SUBDIVISION
IN THENE 1/4 OF THE NE1/40F SECTION 14
T.3N.,R.1W,..B,M"
ADA COUNTY IDAHO
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1295 S. EAGLE ruGHT WAY
BOISE, 10 83709
REVISED JANUARY J, 2001