Primary Health Ten Mile Water Main EasementADA COUNTY RECORDER Christopher D. Rich 2018-057289
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 06/21/2018 08:50 AM
CITY OF MERIDIAN, IDAHO NO FEE
WATER MAIN EASEMENT
THIS INDENTURE, made this 24`h day of April, 2018, between Ten Mile Crossing Inc., an
Idaho corporation, 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713, the party 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 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 easement 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, repair, replacement and
subsequent connection 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 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, performing maintenance, replacements or subsequent
connections to the water mains, GRANTEE shall restore the area of the easement and
adjacent property to that existent prior to undertaking such procedures. 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.
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Meridian City Council Meeting Agenda June 19, 2018— Page 6 of 365
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,
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:
STATE OF IDAHO
County of Ada
TEN MILE CROSSIN C,
By:7
Leven C. SnAh, Vice President
On this 24h day of April, 2018, before me, the undersigned, a Notary Public in and for
said State, personally appeared Steven C. Smith, known or identified to me to be the Vice
President 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 and year first above written.
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Meridian City Council Meeting Agenda June 19, 2018-- Page 7 of 365
Approved By City Council On:
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STATE OF IDAHO, )
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County of Ada
On this t day of \URe- 20 before me, the undersigned, a
Notary Public in and for said State, personally appeared Tammy de Weerd and C.Jay
Coles, known to me to be the Mayor and City Clerk, respectively, of the City of
Meridian, Idaho, and who executed the within instrument, and acknowledged to me that
the City of Meridian 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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NOTARY I I FOR- IDAHO
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Water Main Easement REV. 08/15116,doc
March 23, 2019
Project No. 116130
Exhibit "A"
PRIMARY
WATER Ml
An easement located In a portion of Lot 3, Block 2 of TM Creek Subdivision No. 1, as same, Is shown on the
official plat thereof, recorded in Book 110 of Plats at Page 15663, Ada County Records, being located in the
Northwest Quarter of the Northwest Quarter of Section, 14, Township 3 North, Range 1 West, Boise Meridian,
City of Meridian, Ada County, Idaho, being more particularly described as follows:
Commencing at the North lot comer common to said Lot 3 and Lot 4 (from which the Northwest corner, of said
Lot 4 bears South89026'50" East, 176.97 feet distant), said point being the POINT OF BEGINNING;
'Thence from said Lot comer, South 89'011" Easta distance of 2.53 feet on the north boundary line of
said Lot 3,
'Thence South, 00034'521" West, a distance of 36.27 feet,
'Thence North 89026'50"* West, a distance of 2.51 feet to the lot line common to said Lot 3 and Lot 4,
Thence on said lot line, North 00*33'10" East, a distance of 36.27 feet to the point of beginning,
PREPARED BY
THE LAND GROUP, INC.
James R. Washburn
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Meridian City Council Meeting Agenda June 19, 2018 — Page 9 of 365
48'
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-S89*26!WE 1760
Line Table
LINE
BEARING
LENGTH
Ll
S89 -3011'T
2.53,
L2
500*34!52'W
36.27'
L3
N89*26'50"W
2,51*
L4
N00'33'10"E
X27'
THE LAND GROUP
10 tdsl Short Wirt Ult TOD
WE^fd;)8616 ,
Not 2 30A Feu 2M939,444S
Water Main Easement
W*
TM GREEK SUMMON No. 1
ex. 1110 P6.15663
POB r.. Ll
L*
I' WATER EASEMENT
r AREA 91.5 SOYT.
1,3
U3
M
Exhibit "B"
Water Easement
REV, 08/15/16.doe
Meridian City Council Meeting Agenda June 19, 2018 — Page 10 of 365