Water Main Easement with Eagle Fairview Investment Company, LLC for Red Robin 887
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ADA COUNTY RECORDER J, DAVID NAVARRO AMOUNT ,00
BOISE IDAHO 04/12/05 01:40 PM
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Meridian City 105043887
WATER MAIN EASEMENT
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THIS INDENTURE, made this ~ day of 'IY\ CVt. (I,Y\ . 2005, between Eagle-
FaiIview Investment Company, LLC, a Nevada limited liability company, the pllIties of the fIrst
part, IIIId heteÍnafter called the 01l1li1'011, and the City of Meridian, Ada County, Idaho, the party of
the second pazt, and het'einafter called the GtllIltee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a water maID liglrt-of-way acmss the pIemises
and propetty heIeÍIIafteI pllIticulady bounded IIIId desmibed; and
WHEREAS, the water maÍII is to be plOvided for through an undergmund pipeline to be
consln1cted by others; and
WHEREAS, it will be necessa¡y to maintain, seIVice and sub~quent1y connect to said
pipeline ftom time to time by the GlllIltee;
NOW, 1HEREFORE, in consideration of the benefits to be received by the GtllIltors, and
othet good IIIId valuable consideration, the GtantoIà do hereby give, grant and convey unto the
Grantee the Iight-of-way for an easetneIlt for the constlUction, opetation, maintenance, lepair,
n:p1acetnent of a water maÍII over and aclOss the following deeclibed pI'OpeIty:
(SEE ATTACHED EXHIBIT A)
The easement hereby granted is fol the pwpose of' cons!Iuction and opetation of a water
line and their allied facilities, togetheI with their maIDtenance, additional connection thereto,
repaiI' and leplacemeIlt at the convenience of the Gtantee, with the flee right of access to such
facilities at any and all times
TO HA VB AND TO HOLD, the said easement and light-of-way unto the said Glantee, it's
SUCCesSOIS and assigns folevet'.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the p8lties hereto,
that a:fte¡ CODSuuction, making lepairs, pet'folnllng other maintenance or making subsequent
connection to the wateI' line, Grantee shall leslole the mea of the easetnent and adjacent pIOpe¡ty
to that existent pliOl' to undertaking suchconstIuction, lepairs and maÍIltenance, HoweveI, Grantee
shall not be responsible for repaiIing, leplacing or restOIing anything placed within the area
deeCIibed in this easemeIlt that was placed theI'C in violation of'this easemeIlt,
IHE GRANTORS heleby covenant and agree that they will not place 01 allow to be placed
any permanent SlIucluIes, !Ieee, brush. or perennial shlubs 01' flowelll within the mea deemibed fOl
this easetneIlt, which would interfule with the use of said easemellt, fo!' the pUIposee stated herein.
WAIERMAINEASEMENT-l
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THE GRANT ORS hereby covenant and aglee with the Grantee that should any part of the
light-of-way and easement heIeby g¡anled shall become patt of', or lie within the boundaries of
any public StIeet, then, to such extent, such right-of-way and easemeIlt heIeby Slanted which lies
within such boundmy theleof or which is a p8lt thereof, shall cease and become null and void and
of no further effect and shall be completely relinquished
THE GRANTORS do hel'Cby covenant with the Grantee that they llIe lawfully seized and
possessed of the llÍoremelllÍoned and desmibed 1ract of'land, and that they have a good and lawful
riglrt to convey said easmnent, IIIId that they will W8ll1mt IIIId fOIevel' defend the title and quiet
possessiO!! thelecf agaÍIlst the lawful claims of all persons whomsoever,
IN WITNESS WHEREOF, the said parties of the first palt have heIeunto subsCIibed their
sigoatUles the day and year fust helem above written
GRANTOR:
EAGLE-FAIRVIEW INVESTMENT COMPANY, LLC
a Nevada limited liability company
BY:~~ U~
Wm. Lincoln SPOOl, Managing Member
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CountyofC1ark )
On this ~Q!I day of McJ'ß.h . 2005, before me, the undersigned, a Notæy
Public in and for said Slate, pelsona1ly appeæed Wm, Lincoln Spoor, mown or identified to me
to be the person whose name is subsmibed to the within instIument as Managing Membel of
Eagle-FaiIview Investment Company, LLC, a Nevada limited liability company, and
acknowledged to me that such limited liability company executed the same
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and yeæ in this cellÍficate fust above written,
STATE OF NEVADA
8=.8IP
.J~L ~, KD1fa.ut-
NotáÍyPub' for Nevada
Residing at C!.o"I'1~ of ~':o~
My commissiO!! expires I I 0 f?
GRANTEE:
WATER MAIN BASEMENT. 2
0780000007081021
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County of Ada )
On this ~ day of (V\l>.dh . 2005, before me, the undelsigned, a Notmy Public
in and to!' said state, pelsona1ly appeated TaIDmY de Weerd and WillillID G Berg, Jr., known to
me to be the Mayor and City C1erk, respectively, of the City ofMetidian, Idaho, and who executed
the within instrument, IIIId acknowledged to me that the City of Melidian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my officia1 seal the
day and year in this celtificate fi:llit above written,
STATE OF IDAHO
WATER MAIN EASEMENT - 3
0180000\19,1981021
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PARCEL DESCRIPTION
FOR A MERIDIAN PUBLICWATER:LlNEEAS~MI:NT
ThatportionofLot 3 and .Lot 4, BLock 1, of KrispyKreme Subdivision in Book 88 at page 10,167within
the Northeast ¥4.of Section 8, Township3 North, Rangel East, Boise Meridian, Meridian, Ada CoUnty, Idaho,
more particularly described as foLLows:
Commencing atthe Northeast corner .of Section 8; thence ;¡long the Easterly boundary of said
Section 8, South 01"08'45" West, 515.04 feet; thence North 88" 51'15" West, 313,79 feetto the POINT OF
BEGINNING;
thence North 88" 53'29" West, 10,50 feet;
thence North 88"53'29" West, 20,OOfeet;
thence North 01"06'31"' East, 139,06 feet;
thence South 88" 53'29" East, 30,50 feet;
thence South 01"06'31" West, 20.00 feet;
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RED ROBIN
MERIDIAN ADA COUNTY IDAHO
WATER LINE EASEMENT
SHEET
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