Water Main Easement with Van Auker, Ronald W. for Lanark Lane 2
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 01/16/03 09:34 AM
DEPUTY Bonnie Oberbillig
RECORDED-REQUEST OF
Meridian City
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WATER MAIN EASEMENT
TIllS INDENTURE, made tlús .tZ(day of October, 2001 between Ronald W. Van Auker,
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;'
1111111111111111111111111111111111111
103007928
WITNESSETH:
WHEREAS, the Grantors de$Ïre 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 trom time to time by the Grantee;
NOW, THEREFORE, in C9nsideration 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 construction,
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 tree 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 unless relinquished as provided herein.
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 W1dertaking 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 tlús easement, which would intenere with the use of said
easement, for the purposes stated herein.
Water Main Easement
Page 1
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.
STATE OF IDAHO)
) ss
County of Ada )
On this qTh day of ~ber- ,2001, before me, the undersigned,
a Notary Public in and for said State, personally appeared J20r,aJ'."f W. V #lý)
~ and , known or identified to me
to be the President and Secretary, respectively, of the 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 antiJ'MJ;, ñst above written,
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Residing at NA./ttfJ.4..
Commission Expires: 7-~/-o4
Water Main Easement
Page 2
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Approved By èity Council On: :r Q V;\A4 VI1 1 t '2. 0 D ~
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Water Main Easement
Page 3
EXlllBIT "A"
A water easement located in the SWl!4 of Section 9, Township 3 North, Range I East,
Boise Meridian, Ada County, Idaho and described as follows:
Commencing at a brass cap monument marking the SW corner of said Section, thence
S89°59'58"E a distance of 2706.17 feet to a brass cap monument marking the SE corner
of said SWI/4, thence NOoo08' 17"E a distance of 40.01 feet to a 5/8 inch rebar,
thence parallel with the South line of said Section N89°59' 58"W a distance of 1603.19
feet to a point, thence leaving said right-of-way and along the easterly right-of-way of
Gaudians Avenue the following courses, N06.07'24"W a distance of 852.09 feet to a
point, thence along the arc of a curve to the left having a radius of 179.00 feet, an arc
length of86.59 feet, a central angle of27°42'56", and a chord bearing NI9°58'53"W a
distance of85.75 feet to POINT OF BEGINNING;
Thence along the arc of a curve to the left having a radius of 179.00 feet, an arc length of
16.72 feet, a central angle of 05"2 I '05", and a chord bearing N36"30'54"W a distance of
16.71 feet to a 5/8 inch rebar;
Thence leaving said right-of-way N06°07'24"W a distance of 5.42 feet to a point;
Thence N38°51 , 29"E a distance of8J.24 feet to a point;
Thence S89°08'10"E a distance of 471.30 feet to a point;
Thence NOO051 '50"E a distance of 10.04 feet to a point;
Thence S89°08'10"E a distance of20.00 feet to a point;
Thence SOo051 '50"W a distance of 10.04 feet to a point;
Thence S89°08'IO"E a distance of374.09 feet to a point;
Thence NOO051 ' 50"E a distance of I 0.04 feet to a point;
Thence S89°08' 10"E a distance of20.00 feet to a point;
Thence SOO051 '50"W a distance of 10.04 feet to a point;
Thence S89"08' 10"E a distance of 168.69 feet to a point;
Thence SOO052'24"W a distance of 20.00 feet to a point;
Thence N89°08'10"W a distance of 1044.32 feet to a point;
Thence S38°51 '29"W a distance of79.54 feet to the POINT OF BEGINNING.
Said easement contains 0.53 acres more or less and is subject to all existing easements
and rights-of-ways of record or implied.
CO06047 - water- easemenUegal- 053001 pmg
ADA COUNTY. IDAHO
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NUMBER LENGTH RAOIIJS
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RECORD OATA
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NORTH
WATER
LINE
EASEMENT
SCALE: ," = 200'