Water Main Easement with Ustick Marketplace, LLC for Smith Brighton Properties
AD~COUNTY RECORDER J. DAVID NAVARRO
, BOISE IDAHO 08/17/05 10:47 AM
DE~UTY Bonnie Oberbillig
, RECORDED - REQUEST OF
Meridian City
AMOUNT.OO
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WATER MAIN EASEMENT
THIS INDENTURE, made thisl3ß:Jay of...Tu~ 20 cS"" between Ustick Marketplace, LLC, the parties of
the first part, and hereinafter cal led 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 constructioij operation, maintenance, repair, replacement om water
main over and acros:> 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 maintenanc~ 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, perform ing other maintenance or making su bsequent connection to the
water line, Grantee shall restore the area ofthe easement and adjacent property to that existentpriorto
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 cfthis easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any
penn anent structures, trees, brush, or perennial shrubs or flowers within the area described for this
easement, which would interfere with the use If 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
Water Main Easement
Ciyt of Meridian
Water Main Easement
pagel.-of Lv
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:
USTICK MARKETPLACE, LLC
An Idaho limited liability company
By:
Smith Brighton, LLC
An Idaho limited li ility company
By:
STATE OF IDAHO)
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County of Ada )
On this /3?J:-- day of .J V-f\..L J?~ before;;ne, tþe unØepigned, a Notary Public in
and for said State, personally appeared / '_lfkf1M_.J c. ðtY> ,~ ..ftBà
-, known or identified to ~e to be the President and Secretary, respectively, 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
fist above »'[--
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Water Main Easement
Water Main Easement
Ciyt of Meridian
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GRANTEE: CITY OF MERIDIAN
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STATE OF IDAHO,
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County of Ada
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On this ;¿'+~day of \. ""ly ,~, before me, the undersigned, a'~nI-~,e~
Notary Public in and for said State, person1\!!}' appeared TAMMY de WEERD and \VILLIAM C. HERO,
JR., known to me to be the Mayor an~fý Cèrk, 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 WIINESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fit
above written.
(SEAL)
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Water Main Easement
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Ciyt of Meridian
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gA.RL~ M:AfiOl\f, -- 1trAR'FJ!:E:LD§ lR'c,..
PROFESSIONAL ENGINEERS, LAND SURVEYORS & PLANNERS
314 BADIOLA STREET
CALDWELL, IDAHO 83605
TELEPHONE: (208) 454-0256
FAX: (208) 454-0979
Email: jbeagley@emands.net
FOR:
JOB NO.:
DATE:
RE:
REVISED:
Smith Brighton Properties
OC0704
June 3, 2005
Water Easement Description
June 8, 2005
WATER MAIN EASEMENT
A variable width easement for the purpose of locating, establishing, constructing, maintaining,
repairing and operating an underground water line together with the right to excavate and refill
ditches and/or trenches for the location of said water line, the right to remove bushes, trees,
undergrowth and other obstructions interfering with the location, construction and maintenance of
said water line and the right of ingress and egress in, from, to and over said easement for the
purpose of inspecting, maintaining and repairing such water line. The easement is more fully
described in the description below. The location ofthe easement is illustrated in Exhibit "B"
hereto.
An easement being a portion of the SW1I4 SW1I4 of Section 33, Township 4 North, Range 1 East,
Boise Meridian, Meridian, Ada County Idaho, more particularly described as follows:
Commencing at the SW corner of said SW1I4 SW1I4 (Section comer common to Sections 32, 33,4
and 5), said corner monumented with a 3-inch diameter brass disk;
Thence S. 89°49'30" E., a distance of 390.31 feet (formerly S. 89° 49' 08" E.) along the southerly
boundary of said SWl/4 SWI/4 to a point;
Thence N. 0°29' 13" E., a distance of 373.67 feet to the POINT OF BEGINNING of said
easement;
Thence N. 89°30'47" W., a distance of6.20 feet to a point;
Thence S. 0°20'51" E., a distance of32.70 feet to a point;
Thence S. 45°29'13" W., a distance of 86.59 feet to a point;
Thence S. 89°39'09" W., a distance of 34.41 feet to a point;
Thence N. 0°20'51" W., a distance of20.00 feet to a point;
Thence N. 89°39'09" E., a distance of 26.29 feet to a point;
Thence N. 45°29' 13" E., a distance of70.02 feet to a point;
Thence N. 0020'51" W., a distance of53.41 feet to a point;
pagP~ 4 . otlL
EARL, MASON & STANFIELD INc.
PROFESSIONAL ENGiNEERS, LAND SUR VEYORS, & PLANNERS
F:\Smitchger Sub- Smith Brighton OCO704\Survey\Legals\Lot 4 Water Easement
Page 2
Thence S. 89°39'09" W., a distance of 15.51 feet to a point;
Thence N. 0020'51" W., a distance of20.00 feet to a point;
Thence N. 89°39'09" E., a distance of 15.51 feet to a point;
Thence N. 0°20'51" W., a distance of 15.61 feet to a point;
Thence N. 44°30'47" W., a distance of 104.98 feet to a point;
Thence N. 89°30'47" W., a distance of 139.70 feet to a point;
Thence N. 01 °50' 41" E., a distance of 49.96 feet to a point;
Thence N. 89°08'08" E., a distance of20.03 feet to a point;
Thence S. 01 °50'41" W., a distance of30.50 feet to a point;
Thence S. 89°30'47" E., a distance of 124.51 feet to a point;
Thence S. 44°30' 47" E., a distance of 121.38 feet to a point;
Thence S. 0°20'51" E., a distance of 40.89 feet to a point;
Thence S. 89°30'47" E., a distance of 6.66 feet to a point;
Thence S. 0°29'13" W., a distance of32.00 feet to the POINT OF BEGINNING of said
easement.
page....5 oili-
WATER LINE EASEMENT EXHIBIT "B"
W1/4 Cor. Sec, 33
CP&F #98089088
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TAN. 32 ~33 390,37' 939.35'
UN. 5 4, - - - - - - - ~ -USTICK RD. - - ~ - - -----!JW1/16 Cor-
----------------- S89'49'30"c ----------- 7329.66' ----------------------_.--~" Sec. 33/4
CP&F #98089065 cop illegible
LiN[ TABLE
---.!:iIV[ B[ARING DISTANC[
LI N89'30'47"W 6,20
L2 500'20'51 "[ 32,70
L3 S89.39'09"W 34,41
L4 NOO'20'51"W 20,00
L5 NB9'39 '09 "[ 26_29
L6 NOO.20'57 "w 53.47
L7 SB9'39'09"W 15,51
LB NOO.20'5) "w 20_00
L9 N89'39'09"[ 75.51
LIO NOO'20'51 "w 15,61
liNE TABLE
LINE BEARING DiSTANCE
LI7 N07'50'41"[ 49,96
L12 N89.0B'OB"[ 23.0.,3
L13 S07'50'41"w 30,50
L14 SOO'20'51 "[ 40_B9
LIS 589'30'47"( 6.66
LI6 SOO'29'13"W 32_00
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Professional Engineers, Land Surveyors & Planners
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314 Badiola St, ~ Caldwell, ID 83605
(208) 454-0256
(208) 454-0979 Fax
6/08/05