Water Service Easement with EP Crossings, LLC for Metro Car Wash
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 09/02105 10:40 AM
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Meridian City 105127518
AMOUNT
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WATER SERVICE ~ASEMENT
TEllS INDENTURE, made this 1 st day of July, 20Qibetween EP Crossings. LLC, 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 service right-of-way across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the water service is to be provided for through an underground pipeline to be constructed
by others; and
WHEREAS, it will be necessary to maintain, service and subsequentlyconoectto 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, replacementof a water
,~érvice 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, 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 ofthe 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 anyth ing 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 a~ea 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 pmi 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 relinquiiled.
Water Service Easement
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WTR.doc
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THE GRANTORS do hereby covenant with the Grantee that they are lawfitlly 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.
¡Y7
GRANTOR:
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Secretary
STATE OF IDAHO)
) ss
County of Ada )
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On this dayof" , 200":', before me, the undersigned, a Notary Public in
and for said State, persona II reared M I 'dvi~' ~ and
, known or identified to me to be the' ~trR retary, respectIvely, of the
corporation that executed the within instrument, and acknowledged to me that such corporation
executed the same.
IN WI'ItjiiiìNfliE.REOF, I have hereunto set my hand and affixed my official seal the day and year
ft1,,:;;~~~~ '---I~
,~. ~ -.- Þ i NOTARY PUBLIC ÞòRIDA}¡O
ffl, ÞtlBL.\C i Residing at I~ I
~,., .......~~o...l Commission Expires: 1/7//0
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Approved By City Council On:
Water Service Easement
EASMT -
.Page. . J Pt5:.
STATE OF IDAHO, )
: ss.
County of Ada )
On this q-f-"- day of A%IJ.s'+ ,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 first above written.
(SEAL)
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TEA LEY'S LAND
SURVEYING
2501 Bogus BåsÎn Rd. . Boise, Idaho 83702
(208) 385-0636
Fax (208) 385-0696
Project No.: 2879
Date: July 28, 2005
EXHIBIT "A"
DESCRI PTION
OF
MERIDIAN WATER SERVICE EASEMENT
EP CROSSINGS. LLC
A parcel of land being a portion of Lot 1 of Block 1 of Reagan Subdivision as on file
in Book 92 of Plats at Pages 10880 and 10881 in the Office of the Recorder for Ada County,
Idaho, situated in the NW 1/4 of Section 9, T. 3N., R.1E., B.M., Meridian, Ada County, Idaho
and being more particularly described as follows:
COMMENCING at a brass cap marking the West 1/4 corner of said Section 9;
thence along the South line of said NW 1/4
South 89°20'42" East 70.00 feet to a point on the extended West line of said Lot 1;
thence along said extended West line
North 01 °08'42" East 66.48 feet to an iron pin marking the Southwest corner of said
Lot 1: e--";nce c'1ntinuing along the West Line of said Lot 1
North 01 °08'42" East 124.57 feet to a point; thence leaving said West line
South 89°20'42" East 187.93 feet to the POINT OF BEGINNING; thence at right
angles '
North 00°39' 18" East 37.12 feet to a point; thence
South 88°51'18" East 20.00 feet to a point; thence
South 00°39'18" West 36.95 feet to a point; thence
North 89°20'42" West 20.00 feet to the POINT OF BEGINNING.
2879-Water-Serve-1-des.doc - dnm
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EXHIBIT "E"
.-
MERIDIAN WATER SERVICE EASEMENT
E"'P- C""RO"S"""'SINTG:"S L""'LC" .&'.. A"'B', ,-C"-'-2" LL'C
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A POH11ON OF lOT 11 BLOCK ì OF REAGAN SUBDIVI510N
SITUATED IN THE NW 1/4 OF SECT. 9, I3N., R,1E.1 8.M.;
MER!DfANt ÞlJÞ. COUNff, IDAHO
n c: EP CROSSING, LLC
F~\ , 2700,6.'RPORT WAY P 0, B ~" \II W
,(i\. :; ,-.: 6015£,,1083705 "... ~ -- p~O.~Q$~D. 4" .. no..
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>- : : ;. s e9t20'42"E 187.93' -
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gsi~: 'klE-- LOT 1 BLK. 12700 AIRPORT WAY ... - -
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