Water Main Easement with A's, LLC for Fire Hydrant at Parkway Plaza
WATER MAIN EASEMENT
THIS INDENTURE, made this 30th day of September 1997 between A'a, LLC, the parties of the
first part, and hereinafter called the GTantors, and the City of Meridian, Ada County, Idaho, the party
of the second part, and hereinafter called the GTantee;
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 and 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 GTantee;
NOW, THEREFORE, in consideration of the benefits to be received by the GTantors, and
other good and valuable consideration, the GTantors do hereby give, grant and convey unto
the GTantœ 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 "EXHIBIT 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 GTantee, 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 GTantee, its
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that the GTantee, 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 GTantee will not be responsible for repairing, replacing or restoring any
permanent structures, large trees or brush placed with 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 of land, and that they have a good and
WATERLINE EASEMENT, Page 1
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 fust part have hereunto subscribed their
signatures the day and year first hereinabove written.
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County of Ada
STATE OF IDAHO)
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On this If]: day of Oc..roW- , 19.91, before me, the undersigned, a Notary
Public in and for said State, personally appeared ¿,elAN ~ ï¡¡ and
PAT/1. UL ".IW ((L£tf( , known or identified to me to be Members of the
Company that executed the within instrument, and acknowledged to me that such Company
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
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WATERLINE EASEMENT, Page 2
EXHIBIT B
EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN
FOR FIRE HYDRANT NEAR THE NORTHERLY BOUNDARY
OF PARKWAY PLAZA
A tract ofland situated in the Northeast 1/4 of the Northeast 1/4 of Section 17, Township 3
North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at a found Brass Cap monumenting the East 1/4 Corner of said Section 17; thence
along the Easterly line of said Section 17 and the centerline of Eagle Road (State Highway 55),
North 00°22'24" West, a distance of2652.92 feet to a found Brass Cap monumenting the
Northeast Corner of said Section 17 and the intersection of Eagle Road (State Highway 55) and
Franklin Road; thence along the Northerly line of said Section 17 and the centerline of Franklin
Road, North 89°54'47" West, a distance of70.00 feet to a point; thence leaving said Northerly
line, South 00°22'24" East, a distance of 40.00 feet to a found Idaho Transportation Department
Right of Way monument (Brass Cap) at the right-of-way intersection of Eagle Road (State
Highway 55) and Franklin Road; thence along the Southerly right-of-way of Franklin Road,
North 89°54'47" West, a distance of 421.59 feet to a point, said point being the REAL POINT
OF BEGINNING;
thence leaving said Southerly right-of-way Franklin Road, South 00°05' 13" West, a distance of
51.78 feet, to a point;
thence North 89°54'47" West, a distance of20.00 feet, to a point;
thence North 00°05'13" East, a distance of51.78 feet, to a point;
thence South 89°54'47" East, along the southerly right-of-way of Franklin Road, a distance of
20.00 feet, to the point of beginning of this description, containing 0.0238 acre, more or less.
Subject to any easements or rights of way ofrecord or in use.
97083873
I.D:" :;,;. P.ECORDER
, DA"'" "'\/'PRO
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EXHIBIT A '97 och P...~~2]..6 }
Q!i' t]
EASEMENT DESCRIPTION FOR THE Cr~~~Q~ UES10
FOR FIRE HYDRANT NEAR THE EASTERLY BOUNDARY
OF PARKWAY PLAZA
A tract ofland situated in the Northeast 1/4 of the Northeast 1/4 of Section 17, Township 3
North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at a found Brass Cap monumenting the East 1/4 Comer of said Section 17; thence
along the Easterly line of said Section 17 and the centerline of Eagle Road (State Highway 55),
North 00°22'24" West, a distance of 2652.92 feet to a found Brass Cap monumenting the
Northeast Corner of said Section 17 and the intersection of EagIe Road (State Highway 55) and
Franklin Road; thence continuing along said Easterly line and said centerline of Eagle Road
(State Highway 55), South 00°22'24" East, a distance of 462.02 feet to a point; thence leaving
said Easterly line and said centerline of Eagle Road (State Highway 55), North 76°34'37" West,
a distance of 72.08 feet to a found 5/8" iron pin on the Westerly right-of-way of Eagle Road
(State Highway 55), said point also monumenting the Northeast comer of Greenhill Estates
Subdivison No.3 as filed for Record in Book 43 of plats at Page 3487, Records of Ada County,
Idaho; thence North 00°22'24" West, a distance of 74.35 feet, to a point, said point being the
REAL POINT OF BEGINNING;
thence leaving the Westerly right-of-way of Eagle Road, South 89°37'36" West, a distance of
66.60 feet, to a point;
thence North 00°22'24" West, a distance of20.00 feet to a point;
thence North 89°37'36" East, a distance of 66.60 feet, to a point on the Westerly right-of-way of
Eagle Road;
thence South 00°22'24" East, along said Westerly right-of-way of Eagle Road (State Highway
55), a distance of20.00 feet, to the point of beginning of this description, containing 0.0306 acre,
more or less.
Subject to any easements or rights of way of record or in use.