Waterline Easement with Jones, Burke P, Ferguson, John B., Idaho Holdings, LLC, Huter, Michael for Franklin Road Improvements
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 12
BOISE IDAHO 06/27/05 03:08 PM
~~~~~~E~i~k~~~~ST OF III 1111111111111111111111111111111111
Meridian City 105084597
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This sheet has been added to document
to accommodate recording information
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0 WATERLINE EASMENT '
FRANKLIN RD WATERLINE EXT
IDAHO HOLDINGS LLC
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WATERLINE EASEMENT
THIS INDENTURE, made this (}.J.~ day of '6e.pt8.ln.be:.r ,2004, between Burke P. Jones,
John B. Ferguson, Idaho Holdings, L.L.c., an Idaho Limited Liability Company, and Michael E.
Huter; the parties of the first part, and hereinafter called the GRANTOR, and the City of Meridian,
Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE.
WITNESSETH:
WHEREAS, the Grantee desires to extend a public waterline across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the waterline is to be provided for through an underground pipeline to be
constructed by the Grantee; and
WHEREAS, it will be necessary to maintain and service said waterline from time to time by
the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and
other good and valuable consideration, the Grantor does hereby give, grant and convey
unto the Grantee the right-of-way for the permanent waterline easement and temporary
construction easement for the construction, operation and maintenance of a waterline
over and across the following described property:
SEE ATTACHED EXHIBITS "A", "B", and "C"
THE PERMANENT EASEMENT hereby granted is for the purpose of construction and operation of a
waterline and allied facilities, together with maintenance, repair and replacement at the
convenience of the Grantee, with the free right of access to such facilities at any and all times.
This grant is made on the following terms:
TO HAVE AND TO HOLD, the said permanent 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 the
Grantee, in constructing and in making future repairs, will expediently replace and restore
the premises to a condition comparable to that existent prior to undertaking such
construction, repairs and replacement (including ornamental shrubs, ground cover and
other decorative landscaping). However, the Grantee will not be responsible for repairing,
replacing or restoring any permanent structures or large trees placed within the area
described in this easement. The Grantee also agrees to the following:
WATERLINE EASEMENT
Page 1 of 8
1.
The Grantee will pay the Grantor $1,000 for the permanent easement. Said sum
will be paid upon the completion of the construction on the property.
The existing trees within the limits of the temporary construction easements that
are to be cut down for the construction of the waterline, and the resulting stumps,
will be completely removed from the property and disposed of by the Grantee. In
addition, the Grantee agrees to mow the weeds on the south side of Ten Mile
Creek prior to the completion of work on the site.
The construction of the waterline will not impact the existing agricultural
operation on the site and will not disrupt the delivery of irrigation water nor
the drainage of waster water from the fields.
The Grantor may construct a berm and install landscaping, provided that no
trees are planted within 5' of the permanent easement.
Construction of the waterline will occur between October 1, 2004 through March
31,2005. Weather limitations may necessitate a time extension for completion of
final surface restoration and grading as mutually agreed by the Grantor and
Grantee.
2.
3.
4.
5.
THE GRANTOR hereby covenants and agrees that he will not place or allow to be placed any
permanent structures or trees within the area described for this easement, which would
interfere with the use of said easement, for the purposes stated herein.
THE GRANTOR does hereby covenant with the Grantee that he is lawfully seized and
possessed of the aforementioned and described tract of land, and that he has a good and
lawful right to convey said easement, and that he will warrant and forever defend the title
and quiet possession thereof against the lawful claims of all persons whomsoever.
THE TEMPORARY CONSTRUCTION EASEMENT is for the purpose of construction of a waterline and
related incidental work. The temporary construction easement shall expire when the
construction contract terminates. This grant is made on the following terms:
AUTHORIZED USES BY GRANTEE. The GRANTEE's use of the Easement granted herein shall be in
connection with the construction of a water main on adjoining and abutting property owned by
GRANTEE (the "Dominant Estate"), for access and egress for equipment and vehicles, for
construction, excavation, storage of earth and other materials thereon, for surveying, and for
all other reasonable uses that are necessary, advisable or convenient to GRANTEE in connection
with such water construction and improvement, and for ingress and egress to and from the
Dominant Estate.
USE BY OTHERS UNDER GRANTEE. The GRANTEE's right to so use the Servient Estate during the
term of the Easement shall extend to use by GRANTEE's Commissioners, employees,
contractors and agents.
TERM. This Easement shall be for a term commencing on the date of the GRANTOR's execution
of this Indenture and terminate on the completion of the water main extension project
construction on the Dominant Estate. On the expiration of the term of this Easement, the
WATERLINE EASEMENT
Page 2 of 8
rights and privileges granted to GRANTEE hereunder shall cease and terminate and this
Easement shall be null and void and of no further force and effect.
INDEMNIFICATION. GRANTEE hereby indemnifies and holds GRANTOR harmless from and against
any and all loss, injury, death and damage, and attorneys' fees and costs that might be
incurred by GRANTOR in defending any such claim, that shall result from the use of the
Servient Estate by GRANTEE, its Commissioners, employees, contractors and agents,
hereunder.
RESTORATION ON EXPIRATION OF TERM. On the expiration of the term of this Easement, the
Servient Estate shall be restored by GRANTEE, at its sole cost and expense, to at least as good
a condition as existing on the date of this Indenture.
BINDING EFFECT. This Easement, and the covenants and agreements herein contained, shall,
during the entire term hereof, be binding upon and inure to the benefit of (i) GRANTEE AND
GRANTOR, respectively, and their successors and assigns, and (ii) their respective interests in
the Dominant and Servient Estates.
APPURTENANT. The Easement herein granted is appurtenant to the Dominant Estate.
WATERLINE EASEMENT
Page 3 of 8
08/22/2004 16:12 FAX 2083238336
~ 004/0 11
IN WITNESS WIotEREOF, the parties hay
hereinabove written.
their signatures the day and year first
STATE OF IDAHO)
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County of Ada )
On this J1J!... d.y of &~ 2004, before me f.' A "ii, 8 .' 1Vl£u;¡" 11E--
personally appeared ~ <.JortlS -U-
proved to me on the bases of satisfactory evidence to be the persons whose names is
subscr1bed to the within instrument, and acknowledged that they executed the same.
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NOTARY PUBLIC FORIDAHO
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WATERLINE EASEMENT
Page 4 of 8
09/22/2004 16:12 FAX 2083239336
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IN WITNESS WHEREOF, the parties have hereunto subscrtbed their signatures the day and year first
hereinabove wr1tten.
John B. Ferguson
STATE OF IDAHO)
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County of Ada ) L\ ~ =r ~"'-\e-
On this¿lth..day of ~~2004. before me :-1'L.'Y\,.Ç'- L' F~-;(~_, ,
personally appeared -n"Çe.r u.-::::>C> ,
proved to me on the bases of satisfactory evidence 0 be the persons whose names is
subscribed to the within instrument, and acknowledged that they executed the same.
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NOTARY PUBLIC FOR IDA 0
My Commission Expfres on q I \ 1 I 09
WATERLINE EASEMENT
Page 5 of 8
IN WITNESS WHEREOF, the parties have hereunto subscribed their si atures the day and year first
hereinabove written.
I aho Holdings LLC
By: Mark Bottles, Members
STATE OF IDAHO)
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county:: ::: / ~day of ØdfÂpA ) , 2004, before me ~ sIjdø ~ ,
personally appeared ~(j rl( 15/)-11/ t'.,S
proved to me on the bases of satisfactory evidence to be the persons whose names is
subscribed to the within instrument, and acknowledged that they executed the same.
NQtc/o~ AJ
My Commission Expires on /0.9. Z¿?It1
WATERLINE EASEMENT
Page 6 of 8
08/22/2004 18:12 FAX 2083238336
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IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first
hereinabove written.
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Michael E. Huter
STATE OF IDAHO)
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County of Ada )
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proved to me on the bases of satisfactory evidence to be the persons whose names is
subscribed to the within instrument, and acknowledged that they executed the same.
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WATERLINE EASEMENT
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GRANTEE: CITY OF MERIDIAN
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City Council Approval Date:
WATERLINE EASEMENT
Page 8 of 8
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FRANKLIN ROAD WATERLINE EXTENSION
MERIDIAN ADA COUNTY IDAHO
FERGUSON & JONES PROPERTY
PERMANENT WATERLINE EASEMENT" EXHIBIT A
SHEET
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EXHIBIT B
Project:
Grantor:
Parcel No:
Date:
11873
John Ferguson & Burk Jones
51211336062
August 26, 2004
PARCEL DESCRIPTION
PERMANENT EASEMENT
That portion of the Southwest ~ of the Southwest ~ of Section 11, Township 3 North, Range 1 West, Boise
Meridian, Ada County, Idaho, as shown on the auachedexhibit, and more particularly described as follows:
Commencing at the Southwest corner of Section 11; thence along the Southerly boundary of said section,
South 89.09'31" East, 180.39 feet; thence North 00.50'29" East, 32.84 feet to the Northerly right-of-way of
Franklin Road, the POINT OF BEGINNING;
thence North 57" 50'45" East, 41.57 feet;
thence North 86°03'09" East, 121.20 feet;
thence South 48" 56'51" East, 51.61 feet to the Northerly right-of-way of Franklin Road;
thence along said right-of-way, North 78"24'32" West, 20.33 feet;
thence North48 " 56'51" West, 29.77 feet;
thence South 86.03'09" West, 114.55 feet; .
thence South 57.50'45" West, 18.13 feet to the Northerly right-of-way of Franklin Road;
thence along said right-of-way, South 83"23'35" West, 23.19 feet to the POINT OF BEGINNING.
TOGETHER WITH:
Commencing at the Southwest corner of Section 11; thence along the Westerly boundary of said section,
North 00.51'56" East, 291.93 feet to the POINT OF BEGINNING;
- thence continuing along said boundary, North 00°51'56" East, 10.00 feet;
thence South 89"08'04" East, 55.16 feet;
thence North 00.51'56" East, 77.37 feet;
thence North 44.08'04" West, 78.00 feet to the Westerly boundary of Section 11;
thence along said boundary, North 00.51'56" East, 14.14 feet;
thence South 44"08'04" East, 92.14 feet;
thence South 00.51'56" West, 91.51 feet;
thence North 89.08'04" West, 65.16 feet to the POINT OF BEGINNING.
Containing 0.096 acres (4,182 square feet), more or less.
END OF DESCRIPTION
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PARCEL #S1211336062
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FRANKLIN ROAD WATERLINE EXTENSION
MERIDIAN ADA COUNTY IDAHO
FERGUSON & JONES PROPERTY
TEMPORARY CONSTRUCTION EASEMENT.. EXHIBIT C
SHEET
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