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
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5
1111111111111111111111111111111111111
105127515
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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
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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
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CITY OF MERIDIAN
Approved by Council on :
STATE OF IDAHO,
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County of Ada, )
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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
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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.
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PARCEL "B"
RECORD OF SURVEY NO. 6671
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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
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