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Water Main Easement with Copper Point Investors, LLC for Advanced Health Care ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 09102105 10:40 AM DEPUTY Bonnie Oberbilllg RECORDED - REQUEST OF Meridian City AMOUNT .00 5 1111111111111111111111111111111111111 105127515 "--,-,-"- -,--,._-,-" WATER MAIN EASEMENT THIS INDENTURE, made this 12th day of August 2005, between Copper Point Investors LLC, an Idaho limited liability company, and Kah Tai Investors, a California general partnership, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party ofthe 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 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 HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its 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. THE GRANTORS hereby covenant and agree with the Grantee that should any part ofthe 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 EASMTWTR.doc PagA \ nL5... 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 ofthe first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Copper Point Investors LLC By: tlZm14) ¡¿ ~ Monica R. Salusky . Managing Member Kah Tai Associates By: 11l&7/r ~ ;L~ Monica R. Salusky Managing Partner State of California County of Contra Costa On August 12, 2005, before me, the undersigned, a notary public, personally appeared Monica R. Salusky, personally known to me to be the person whose name is subscribed to the within instrument, and she acknowledged to me that she executed the same in her authorized capacities, and that by her signature on the instrument the entities on whose behalf of which she acted executed the instrument. Witness my hand and official seal on the day and year first above written. ~ C ' 1J..--U \; ~ {; l ' Notary Public ~-~~------~--~ . ' . ERICA GANTZ - ~'" . . Commission # 1374752 Notary Public - California ~ Contra Costa County - MyComm. ExpiresSep 14, 2006 Water Main Easement EASMTWTR.doc Page rJ nf5 CITY OF MERIDIAN Approved by Council on : STATE OF IDAHO, ) : ss. County of Ada, ) ;;2."2 r-J II On this J day of H4~~~ ,2005, before me, the undersigned, a Notary Public in and for the State of! 0, personally appeared Tammy de Weerd and Wllham G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to 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 first above written. SEAL ...... """"'" fI>~~~~' :\.CE L. S ~#.#"" "," ..,.-:r. """... 4,... #"" ~ .... .. .. ~.;. ,. :: I .....~ : ...tOT-4b -........ 0:. : * ¡-" ~.r,: : i -.- . * 5 \ ø. \. .þ(¡BLlc.) i ~~.. :: . .4. .. A ::- ""."#)'J" ......... ,"1- .." -...c::'ll",I..".." .'. -" -" "....." "',.."."....' Page 3 nf5 EXHIBIT A PARCEL B, RECORD OF SURVEY NO. 6671 Water Main Easement Description October 28, 2004 An Easement being across Parcel B as shown on the Lot Line Adjustment Survey, recorded as Record of Survey Number 6671, Instrument Number 104134825, records of Ada County, Idaho. Said parcel is portions of Lots 6, 7, and 8, Block 1 of Bonito Subdivision, Book 86 of Plats and Pages 9783 thru 9788, Instrument Number 13142839, records of Ada County, Idaho, is located in the East 1/2 oÎ Section 20, To\Vìlship 3 North, Range 1 East, Boise Meridian, City of MeridiaÚ, Ada County, Idaho. Said easement is more particularly described as follows: Commencing at the East 1/4 comer of said Section 20; thence South 89°55'02 West 1332.36 feet to the Center East 1/16 comer of said Section 20; thence North 03°46'19" West 184.30 feet to the POINT OF BEGINNING; thence North 00°00'00" East 30.00 feet; thence South 90°00'00" East 263.80 feet; thence North 00°00'00" East 59.58 feet; thence North 41 °45'36" East 37.34 feet to a point on the Southwesterly Right-Of-Way line of East Copper Point Drive; thence along said Right-Of-Way line 20.01 feet along a curve to the left, said curve having a central angle of 04°50' 12", a radius of237.00 feet, and a long chord bearing South 48°24'56" East 20.00 feet; thence leaving said Right-Of-Way line, South 41 °45'36" West 29.78 feet; thence South 00°00'00" West 71.95 feet; thence North 90°00'00" West 32.74 feet; thence South 00°00'00" West 10.00 feet; thence North 90°00'00" West 20.00 feet; thence North 00°00'00" East 10.00 feet; thence North 90°00'00" West 211.06 feet; thence South 00°00'00" West 10.00 feet; thence North 90°00'00" West 20.00 feet to the POINT OF BEGINNING. page if Of 5 \'\ \:~ ,':, \:::\\ \~ ~,':>, , \ ~ "\'\,""-. ~\ ':,,< CO.:o.:o~ '>:"'~~~ N41"45'36"E '>':~, ~-?:o~ '~----- 37.34' ~JJ ~<'" °h. ........ / ,(I '",,' v)< NOO"OO'OO"E / (,,:~~1 ----- - --- 59.58";;;:'~ ,-------------- I l S41'~------ N°OOIO~~O~--í-- WAT:~rijli~fÀ~fMENT-J J '--SOO~~':'W N t,- - Ñ9iF"oãotŸ'W- 21 1]6" -~ ~N~~~~~'OO"W ~ SOO"OO'OO"W NOO"OO'OO"E 32.74' I B:g~~I~~ 10.00' 10.00' SOO"OO'OO"W 1 0 I N90"00'OO"W N90"00'00"W 1 0.00' I 1 ê5 II 20.00' 20.00' I I~ ~ I la E I I~ ..... ~ 100 œ~ I ~ 02 I IG-I Ù)(Ô q ~ I 1/4 COR. 1 CE 1/16 COR. FOUND AXLE \1 CP&F #9040663 CP&F #102003407 1 - - - - - - ~ASI~9E BEARING - - - - - _1- --+ - - ~ - - S89"55'02" W 1332.36' I 20 21 I 1 I : 1 I I 1 I GRAPHIC SCALE 80 I ( IN FEET) 1 inch = 80 ft. 160 0 I I Lu I I I I I L_- ------ PARCEL "B" RECORD OF SURVEY NO. 6671 I I --- -L ----- CURVE TABLE CURVE 1 LENGTH 1 RADIUS DELTA I BEARING CHORD DIST. c11 20.011 237.00 4"50'12" I S48"24'56"E 20.00 ADA COUNTY SCALE: PROJECT NO. 7 "=80' 280-05 SEC. 20, T-JN, R-7E DATE: IDAHO 1==Òuadrant Consulting, Inc. 405 South 8th, Suite 295 Boise, Idaho 83702 (208) 342-0091 PHONE (208) 342-0092 FAX CIVIL E:NGINEERING-SURVEYING-CONSTRUCTION MANAGEMENT PARCEL "8", ROS NO. 6671 WATER MAIN EASEMENT EXHIBIT B PAGE: 70/28/04 SHEET 1 OF 1 Psg