Water Main Easement with West, Burton O. and Holmes-West, Kimberly R. 2535 for Troutner Park Subdivision
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ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 5
BOISE IDAHO 06129105 10:59 AM
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City of Meridian 105085935
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WATER MAIN EASEMENT
THIS INDENTURE, made this 1171 day oVu N£ ,2005 between BURTON O.
WEST, JR. AND KIMBERLY R. HOLMES-WEST, husband and wife, 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 A TT ACHED 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 free right of access to such facilities at
any and all times.
TO HA VB 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 Of 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.
Water Main Easement
Direct Buy and City of Meridian
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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 first herein above written.
GRANTOR:
BURTON O. WEST, JR.
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STATE OF IDAHO )
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On this c¡~ day of 1 UJÒ5 , 2005, before me, the undersigned, a Notary
Public in and for said State, personally appeared Burton O. West, Jr. and Kimberly R. Holmes-
West, husband and wife, known or identified to me to be the persons that executed the within
instrument, and acknowledged to me that they executed the same.
County of Ada
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above wri~............ (L;',~~ ~,.
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Water Main Easement
Direct Buy and City of Meridian
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Page 2 of 3
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GRANTEE:
CITY OF MERIDIAN
STATE OF IDAHO )
) ss
County of Ada )
On this J,..lfr day of ~ LlIA -e.-, , 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 fITS! above written. . /dJ
(SEAL)
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Water Main Easement
Direct Buy and City of Meridian
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Roylance & Associates P .A.
391 W. Slate Street, Su~e E, Eagle, Idaho 83616
Engineers. Surveyors. Landplanners
Telephone (208) 939-2824 Fax (208) 939-2855
June 8, 2005
Project No. 2607
Exhibit "A"
Legal Description
DirectBuy
20' Wide Water Main Easement
2,535 Square Feet
An easement for the purpose of accessing and maintaining water facilities located in a portion of Lot 6,
Block 2, Troutner Park Subdivision (a recorded subdivision on file in Book 75 of Plats, at pages 7762
through 7764, inclusive, records of Ada County, Idaho), situated in a portion of the Northeast One
Quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, City of Meridian,
Ada County, Idaho,
described as follows:
Commencing at a 5/8-inch steel pin monumenting the Northwest Corner of said Lot 6 on the easterly right-of-
way of Southwest 5th Avenue, thence following said easterly right-of-way South 22°09'42" West a distance of
43.04 feet to the POINT OF BEGINNING.
Thence leaving said easterly right-of-way South 59°55'40" East a distance of 92.67 feet to a point;
Thence North 30°04'20" East a distance of 15.49 feet to a point;
Thence South 59°55'40" East a distance of 20.00 feet to a point;
Thence South 30°04'20" West a distance of 35.49 feet to a point;
Thence North 59°55'40" West a distance of 109.89 feet to a point on the easterly right-of-way of
Southwest 5th Avenue;
Thence following said easterly right~of-way North 22°09'42" East a distance of 20.19 feet to the
POINT OF BEGINNING.
The above~described easement contains 2,535 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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POINT OF COMMENCEMENT
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POINT OF BEGINNING
LINE TABLE
LINE LEN GTH BEARING
L1 15.49 N30"04'20"E
L2 20.00 S59"55' 40"E
L3 35.49 S30"O4'20"W
L4 20.19 N22"O9'42"E
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20' WATER MAIN
EASEMENT
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LOT 6, BLOCK 2
TROUTNER PARK SUBDIVISION
Legend
. 5/8" STEEL PIN
&. CALC'O POINT
- - PROPERTY LINE
- - - - - - - - - - - - - EASEMENT LINE
RIGHT-OF-WAY LINE
WATER MAIN EASEMENT
EXHIBIT "B"
ROYLANCE AND ASSOCIATES PA
Engineers Surveyors Landplanners 0.0.'"
391 W State Street Suite E Eagl e Idah 0 83616 05/12/05
Phone (208) 939-2824 Fax (208) 939-2855 GRW
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