Water Main Easement with Tamura, Douglas for Grace at Fairview Lakes, LLC
ADA COUNTY RECORDER J, DAVID NAVARRO
BOISE IDAHO 09/23/05 01:37 PM
DEPUTY Vicki Allen
RECORDED - REQUEST OF
Meridian City
AMOUNT
.00
6
III 11111111 II 111111111111111111111111
105139580
'-
-"",,--,-,
---,,-
./
--
WATER MAIN EASEMENT
THIS INDENTURE, made this - day of _,2O_between , the parties of
the fITst 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 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 EXHffiITS A, B, and C)
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 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 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 relinquished.
Water Main Easement
EASMT WTR.DOC -
pag~
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 fITst part have hereunto subscribed their signatures
the day and year fITst herein above written.
County of Ada
STATE OF IDAHO)
) ss
)
On this I '5'- day of ,j ~ ""-L ,20 ~before me, the undersigned, a Notary Public in
and for said State, personally appeared ~'\.;..,e \a...~TQ...VY\.u ý'Q.... and
, known or identified to me to be ~e 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 y hand and affixed my official seal the day and year
fist above written. ) .,
(SEAL) h1~~~\)C~ ~OT ÁR)V -:;o~i ~;!
ff ~. ¡A'", -)11' Resldmg ~({s ~ ~/D , ,
ff :' ~\:) I(.J- "," ~ Commission Expires: !C:/3!tJ?
~:, - .: ~
.ft' ",.0 CJ. fj
(', '" US\-\ .. Ii'
(t, ' " , , " '0 ¿1
\l), t5'l"A.; . . " . '("', >r'f. ,!of'
-\\t~' E Of \v---.:'"
~~~'"S--<,.-o- -,.-
GRANTEE: CITY OF MERIDIAN
Water Main Easement
EASMT WTR"DOC
Page~
-
Approved By City Council On:
"'" ~",
""" . '!I"'"
""'"", """,,\,
STATE OF IDAHO,
)
: ss.
County of Ada
I+k ~".
On this (0 day of Pf~ ber , 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 fITSt
above written.
(SEAL)
..""""""
,,- CE L '##..
"" ~\ . J" #..
.t ";-:'" """....+.;.: ""\
i " ~ II!
! , ~OTAh \~ \
.. * . '<f:J... '!!
. ! . ;¡
: ¡ -'- : * :
: './J ':
\w'" C1BLIC... ¡
" :;> .. .":
~.., '. .. 0 ,..
#". l:it ..,..., ~ .,"
#""" 0 F H> þ.. .. "",
""""'11""'"
,g~
Water Main Easement
EASMT WTRDOC
page (~ 0&
RS[¡A
---^---"~---,,--~ ...
Anderson Survey Group"corn T
,.
EXHIBIT A
LEGAL DESCRIPTION
for
FAIR VIEW LAKES.. WA TER EASEMENT
A strip of land situated in the Southwest Quarter of the Southeast Quarter of
Section 6, Township 3 North, Range 1 East of the Boise Meridian, City of
Meridian, Ada County, Idaho, described as follows:
Commencing at a point marking the Quarter corner common to Sections 6
and 7, Township 3 North, Range 1 East, of the Boise Meridian from which the
Section corner common to Sections 5, 6, 7 and 8 in said township and range
bears South 89°28'06" East a distance of 2641.06 feet; thence from said point
North 00°20'01" East along the West line of said Southeast Quarter of said
Section 6, a distance of 706.13 feet; thence leaving said West line South
90°00'00" East along the North line of Devon Park Subdivision No.1, a distance
of 372.78 feet to a point on a non tangent curve; thence on said non-tangent
curve to the right, having a radius of 20.00 feet, 1.95 feet along the arc of said
curve, through a central angle of 05°34'54", the long chord of which bears North
02°47'27" West a distance of 1.95 feet; thence North 00°00'00" East a distance
of 268.05 feet; thence North 90°00'00" East a distance of 37.99 feet; thence
North 00°00'00" East a distance of 45.55 feet; thence North 00°00'00" East a
distance of 23.05 feet; thence South 81 °06'38" East a distance of29,90 feet to
the REAL POINT OF BEGINNING; thence North 45°00'00" West a distance of
33.94 feet; thence South 81 °06'38" East a distance of 75.11 feet; thence South
89°53'08" East a distance of 145.12 feet; thence South 00°23'27"- West a
distance of 20.00 feet; thence North 89°53'08" West a distance of 146.56 feet;
thence North 81 °06'38" West a distance of 49.23 feet to the Real Point of
Beginning. '^^,
"-'
Said Strip contains 4,160 square feet, more or less.
Project No. 03-150
June 8, 2005
D SURVEYING SERVICES
LAN
357 E. Watertower In-. . Suite F, Meridian, 10 83642
P.208.888,,7345. F_20ll.filJ8,n51
.' ~ \ lo
. page~--Of
RS[i.
...
Anderson Survey Group"com 'If
EXHIBIT B
LEGAL DESCRIPTION
for
FAIRVIEW LAKES- FIRE HYDRANT EASEMENT
A strip of land situated in the Southwest Quarter of the Southeast Quarter of
Section 6, Township 3 North, Range 1 East of the Boise Meridian, City of
Meridian, Ada County, Idaho, described as follows:
Commencing at a point marking the Quarter corner common to Sections 6
and 7, Township 3 North, Range 1 East, of the Boise Meridian from which the
Section corner common to Sections 5, 6, 7 and 8 in said township and range
bears South 89°28'06" East a distance of 2641.06 feet; thence from said point
North 00°20'01" East along the West line of said Southeast Quarter of said
Section 6, a distance of 976.13 feet; thence leaving said West line, South
90°00'00" East along the North line of Lot 3, Block 1 of Devon Park Subdivision
No.2, a distance of 152.23 feet to a point; thence leaving said North line North
00°20'01" East a distance of 45.00 feet to a point on the east side of an existing
20.00 feet wide sewer and water easement located in Lot 4, Block 1 of said
Devon Park Subdivision No.2, said point being the Real Point of Beginning;
thence North 90°00'00" West a distance of 21.41 feet; ; thence South 90°00'00"
West a distance of 16.50 feet; thence North 90°00'00" West å distance of 28.02
feet; thence North 90°00'00" East a distance of 36.50 feet; thence South
90°00'00" East a distance of 49.55 feet to a point on said easement line; thence
South 00°20'01" West a distance of 20.00 feet along said easement line to the
Point of Beginning.
Said Strip contains 1 ,452.1 square feet, more or less,
Project No. 03-150
June 21, 2005
LAND SURVEYING SERVICES
357 L Watertower In., . Suite F. Meridian, ID B3642
P.2DB_BBB.7345. F.208.888735/1
p~ap.lotla-
U8 ~I f '1° °r¡:778 , --- -= -=- -- ~ ~"-" 0.) u,,- IT b;X::;- -~ =-=- -1- -= -=-. -- ~-- -=-'=-=. ~-- = -=- -- ~-- -=- - :11:
ci t5 I I I~
r--- ~ I I I FAIRVIEW LAKES. l"tõ,~
).00' ,~ I I I EASEMENTS AT WATER MAIN AND l¡:gl~
- - ¡¡I FIRE HYDRANT 1-18
I ----r------1+-20.00' SEWER/WATER EASEMENT ~ 1 I:'::: LOT 1
I I '2:1 I~ DEEDED TO ACHD 1/ \ LJ
I ",I ~I I~ INSTRUMENT NO,102127142 ~ " I
r---I ""I I"" LOT 4 I
~: ~ I ,lu I I_lu BLOCK 1
1------ " lu I ~ II}::;
I ~I ~I l~ I
~~o 1°
~I ~I ¿SZ
:1;1 °1 I /Tl
"" ¿I II ~ /
lul I I ( I
~I I, ~ II
-¡; I .. 70.09 1-1 . APPROXIMATE CEN TERLINE I I
>'J DRAINAGE EASEMfNT I ~ / Or JACKSON DRAiN I I
~I I £/ EXHIBIT 'B' ~ (TO BE VACATED) .
I I I , , I
¡ 49.55' I I! ¡30.50' SEWER/WATER EASEMENT ~ EXHIBIT A
.1590'00'0
)¿~
.llimJ~~.-
.:-:._c-ca:
.-.... a-
2;.Or ~,." . ¡- - ~I -, --I' O~ ~
N90'OÓ'00"W N90'O0'00"W ~ I ~ ~I ¡s I g ~ . " '-.1 L-20' SElIERjWA ÆR fASEMfNT
- - -1- 45.00'-------: - - ~- - - - - - - ~ - - - ~g "- - ~ ~ - - - ~ = ~..!!ISTlIIG SEI\£RjWAÆR fASfMWT - - - J
á NOO'OO'OO"[ ~ Q 110.00' ~ <': S90UO'Oq"[. - - - - .
~ . . T I 137.99 1------
~
E, CL
STf
LOT
10' FOOT
UTILITY EI
LOT
SOO'23'27"W 2,
I)
LOT 11
10' iRRIGA nON I LO T 10
EASEMENT---- ----
~T9
"
1 LOT
~¡
f
!~
ç: