Water Main Easement with Wolfe Commercial Enterprises, LLC for Dreamland Day Care
ADA C(JUNrY.RECOROCH '" J~ECORD~:~~~~EST OF
J.DAV.IDNAVA.RRO ~ '/~~
BOISE. IDAHO A-
c ~DEPUTY
1998SP 10 Pt'~T¡!WMAINEASE~. .'.
1M .. 8 7 04
THIS INDENTURE, made this ~ day of~ 192ß...between Wolfe Commercial EnteqJlises
LLC 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 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 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 temporary easement for the operation and maintenance
of water mains over and across the following described property:
(SEE ATTACHED "EXHJBIT A")
The easement hereby granted is for the purpose of construction and operation of water mains
and their allied facilities, together with their maintenance, repair and replacement at the
convenience of the Grantee, with the tTee right of access to such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement anli right-of-way unto the said Grantee, it's
successors and assigns until such time as the easement is replaced by dedication of public right
of way by the Grantor over the area described in Exhibit A.
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.
Meridian Water Easement
Drearnland
1 - 2
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.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first hereinabove written,
August ¿).. 7
Date
1998
STATE OF IDAHO)
) ss
County of Ada )
On this ~ ~y Of~, 19~ before me, the undersigned, a Notary
Public in and for said State~ per~IY appeared Wt~ Cþ/, , LJ~ I ~J. ,
known or identified to me to be the President and Secretary, respectively, oft e corporaTIon
that executed the within instrument, and acknowledged to me that such corporation 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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Commission ExPires:~1 0.3 / .;J 00 I
Meridian Water Easement
Dreamland
2-2
"EXHIBIT A"
DESCRIPTION FOR
WOLFE COMMERCIAL ENTERPRISES
TEMPORARY WATER EASEMENT
August 26, 1998
A parcel of land located in the NE Yo of the NW Yo of Section 13, Township 3 North,
Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly
described as follows:
Commencing at the north Yo corner of Section 13, T. 3N., R. 1W., B.M" thence S
00°04'01" E 40.00 feet to the south right of way of Franklin Road;
Thence N 89°49'00" W 155.50 feet along said south right-of-way of Franklin Road, to
the POINT OF BEGINNING of this temporary water easement;
Thence N 89°49'00" W continuing along said south right of way 98.00 feet to a point;
Thence S 44°49'00" E 28.28 feet to a point;
Thence S 00°11'00" W 265.00 feet to a point;
Thence S 89°49'00" E 58.00 feet to a point;
Thence N 00°11 '00" E 265.00 feet to a point;
Thence N 45° 11'00" E 28.28 feet to the POINT OF BEGINNING of this easement;
This parcel contains 16,930 square feet (0.39 acres), more or less,
Wayne K. Barber, PLS No. 8444
980202-temp-h2o-ease
~ ~ W. FRANKL'N ROAO
WEST 1/16 CORNER (BASIS OF B""INO)
H----~-______N_8~-'~5... --___~CORNER~
13. S: 410.33' -- 113
8.', P:
N """00' w 8.1
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S """00'
2B.28 N 45'11'00' E
ii' DREAMLAND EDUCATION 'I
CENTER PARCEL
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SU80MSION NO.1 +~ I u
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29,,"' S 8...,'00' E 137.85" S B""'OO' E
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BRIGGS ENGINEERING, INC.
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(208)34'-9700
"" S. ORCHARD, SUITE 600
801SE. IDAHO 63705
WOLFE COMMERCIAL ENTERPRJSES
EXHIBIT- TEMPORARY WATER EASEMENT
REVlSION
IN THE NE II' OF T"E NW 'I' OF
SECTION 13, UN.. R.IW" B.N.
NERID~N. ADA COUN1Y. IDAHO
SHEET
DESIGN
DWG.NO.
980202-23-2
H200ESC.DWG