Water Main Easement with Simmons Fine Jewelry, Inc. for Gemtone Center No. 4 Subdivision
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 05125105 08:36 AM
~~~~~M~~~Q~~:'~ïg 1/1111/11111/1111/111/1"111"11" III
Meridian City 105066148
WATER MMN EASEMEN 1
AMOUNT
.00
5 I
THIS INDENTURE, made this ~ day of At='P.IL.. , 2005 between SIMMONS FINE
JEWELRY, INC., 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 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 for the construction, operation, maintenance, repair,
replacement of a water main over and across the following described property:
SEE ATTACHED EXIDBIT 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 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
construction, 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
undertaking such construction, 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 this easement, which
would interfere with the use of said easement, for the purposes stated herein.
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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 ftrst herein above written.
GRANTOR:
SIMMONS FINE JEWELRY, INC.
4
STATE OF IDAHO )
) ss
County of Ada )
On this 8" day of , 2005, before me, the undersigned, a Notary
Public in and for said State, rsonally appeared Jay V. Simmons, known or identified to me to
be the President of the corporation that executed the within instrument, and acknowledged to me
that such corporation executed the same.
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GRANTEE:
CITY OF MERIDIAN
STATE OF IDAHO)
) ss
County of Ada )
On this ~ day of Afr; I , 2005, before me, the undersigned, a Notary
Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G.
BERG, JR., 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 ftrSt above written. . ~
(SEAL)
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Roylance & Associates P .A.
391 W. State Street, Suite E, Eagle, Idaho 83616
Engineers. Surveyors. Landplanners
Telephone (208) 939-2824 Fax (208) 939-2855
March 30, 2005
Project No. 2581
Exhibit "A"
Legal Description
Simmons Fine Jewelry
Water Main Easement
2,336 Square Feet
An easement for the purpose of accessing and maintaining a water main and fire hydrant located in a
portion of Lot 3, Block 1 of Gemtone Center No.4 Subdivision (a recorded subdivision on file in Book 86
of Plats, at pages 9684 and 9685, records of Ada County, Idaho), situated in the Northeast One Quarter of
Section 8, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho,
described as follows:
Commencing at a brass cap monumenting the Northeast Corner of said Section 8, thence following the
easterly line of said Section 8 South 01°08'45" West a distance of 1,341.58 feet to. a point;
Thence leaving said easterly line South 90°00'00" West a distance of 370.07 feet to a 5/8-inch steel pin on
the easterly right-of-way ofN. Olive Avenue;
Thence following said easterly right-of-way North 01 °08'45" East a distance of 95.02 feet to the POINT
OF BEGINNING.
Thence following said easterly right of way North 01 °08'45" East a distance of 20.00 feet to a point;
Thence leaving said easterly right-of-way North 90°00'00" East a distance of 116.59 feet to a point;
Thence South 00°00'00" East a distance of 20.00 feet to a point;
Thence South 90°00'00" West a distance of 116.99 feet to the POINT OF BEGINNING.
The above-described tract of land contains 2,336 square feet, more or less, subject to all existing easements
and rights-of-way.
Prepared By:
ROYLANCE & ASSOCIATES P.A.
391 W. STATE STREET, SUITE E
EAGLE, IDAHO 83616
208-939-2824
208-939-2855 (FAX)
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WAï1:R MAIN EAEIEMENT 391 IN Siolo 540..1 Suil. E [ogle Idaho 83616 ~
8NMONB I"INE.JeWELRY Pi1o.e (208) 939-282~ Fox (208) 939-2855 C~~~: