Water Main Easement with Evans, Richard for Victory Road Waterline Construction
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ADA COUNTY RECORDER J, DAVID NAVARRO AMOUNT ,DO 9
BOISE IDAHO 10/13/05 03:42 PM
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RICHARD EVANS
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WATERLINE & TEMPORARY CONSTRUCTION EASEMENTS
THIS INDENTURE, made this 2 day of --'l:J kt?ct; ,2005, between Richard Evans;
the party of the first part, and hereinafter called the GRANTOR, and the City of Meridian, Ada
County, Idaho, the party of the second part, and hereinafter called the GRANTEE.
WITNESSETH:
WHEREAS, the Grantee desires to extend a public waterline across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the waterline is to be provided for through an underground pipeline to be
constructed by the Grantee; and
WHEREAS, it will be necessary to maintain and service said waterline from time to time by
the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and
other good and valuable consideration, the Grantor does hereby give, grant and convey
unto the Grantee the right-of-way for the permanent waterline easement and temporary
construction easement for the construction, operation and maintenance of a waterline
over and across the following described property:
SEE ATTACHED EXHIBITS "An and "B"
THE PERMANENT EASEMENT hereby granted is for the purpose of construction and operation of a
waterline and allied facilities, together with maintenance, repair and replacement at the
convenience of the Grantee, with the free right of access to such facilities at any and all times.
This grant is made on the following terms:
TO HAVE AND TO HOLD, the said permanent 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 the
Grantee, in constructing and in making future repairs, will expediently replace and restore
the premises to a condition comparable to that existent prior to undertaking such
construction, repairs and replacement (including ornamental shrubs, ground cover and
other decorative landscaping). However, the Grantee will not be responsible for repairing,
replacing or restoring any permanent structures or large trees placed within the area
described in this easement. The Grantee also agrees to the following:
WATERLINE EASEMENT
Page 1 of 4
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1.
The Grantee will provide the Grantor with one (1) 8" water stub to the property in
Question at no cost to the Grantee. The Grantee will be responsible for the
extension of public water lines as is normal and customary for development
projects within the City of Meridian. Individual buildings connecting to the public
water lines will be responsible for the normal and customary connection and fees
and monthly service fees as assessed by the City of Meridian.
2.
The Grantor may install landscaping within the easement provided that no trees
are planted within 5' of the waterline.
THE GRANTOR hereby covenants and agrees that he will not place or allow to be placed any
permanent structures or trees within the area described for this easement, which would
interfere with the use of said easement, for the purposes stated herein.
THE GRANTOR does hereby covenant with the Grantee that he is lawfully seized and
possessed of the aforementioned and described tract of land, and that he has a good and
lawful right to convey said easement, and that he will warrant and forever defend the title
and Quiet possession thereof against the lawful claims of all persons whomsoever.
THE TEMPORARY CONSTRUCTION EASEMENT is for the purpose of construction of a waterline and
related incidental work. The temporary construction easement shall expire when the
construction contract terminates. This grant is made on the following terms:
TERM OF USE. Construction of the waterline will occur between March 15, 2005 through
August 15, 2005. Weather limitations may necessitate a time extension for completion of
final surface restoration and grading as mutually agreed by the Grantor and Grantee.
AUTHORIZED USES BY GRANTEE. The GRANTEE's use of the Easement granted herein shall be in
connection with the construction of a water main on adjoining and abutting property owned by
GRANTEE (the "Dominant Estate"), for access and egress for equipment and vehicles, for
construction, excavation, storage of earth and other materials thereon, for surveying, and for
all other reasonable uses that are necessary, advisable or convenient to GRANTEE in connection
with such water construction and improvement, and for ingress and egress to and from the
Dominant Estate.
USE BY OTHERS UNDER GRANTEE. The GRANTEE's right to so use the Servient Estate during the
term of the Easement shall extend to use by GRANTEE's Commissioners, employees,
contractors and agents.
TERM. This Easement shall be for a term commencing on the date of the GRANTOR's execution
of this Indenture and terminate on the completion of the water main extension project
construction on the Dominant Estate. On the expiration of the term of this Easement, the
rights and privileges granted to GRANTEE hereunder shall cease and terminate and this
Easement shall be null and void and of no further force and effect.
WATERLINE EASEMENT
Page 2 of 4
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INDEMNIFICATION. GRANTEE hereby indemnifies and holds GRANTOR harmless from and against
any and all loss, injury, death and damage, and attorneys' fees and costs that might be
incurred by GRANTOR in defending any such claim, that shall result from the use of the
Servient Estate by GRANTEE, its Commissioners, employees, contractors and agents,
hereunder.
RESTORATION ON EXPIRATION OF TERM. On the expiration of the term of this Easement, the
Servient Estate shall be restored by GRANTEE, at its sole cost and expense, to at least as good
a condition as existing on the date of this Indenture.
BINDING EFFECT. This Easement, and the covenants and agreements herein contained, shall,
during the entire term hereof, be binding upon and inure to the benefit of (i) GRANTEE AND
GRANTOR, respectively, and their successors and assigns, and (it) their respective interests in
the Dominant and Servient Estates.
APPURTENANT. The Easement herein granted is appurtenant to the Dominant Estate.
WATERLINE EASEMENT
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IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first
hereinabove written.
$/d ¿:
Richard Evans
STATE OF IDAHO)
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County of Ada)
On this Â",I. day of ~~ , 2005, before me Po...l.Awl F'l k:
personally appeared -(,~ £\I'w\'\
proved to me on the bases of satisfactory evidence to be the persons whose names is
F,.. .~~\ NOTARY PUBLIC FOR IDAHO
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WATERLINE EASEMENT
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TEMPORARY
CONSTRUCTION'
EASEMENT
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VICTORY ROAD WATERLINE EXTENSION SHEET
MERIDIAN ADA COUNTY IDAHO 1
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RICHARD EVANS PROPERTY
TEMPORARY CONSTRUCTION EASEMENT - EXHIBIT A
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Engineers
Surveyors
Planners
Project:
Date:
10-04-143
February 1, 2005
PARCEL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
That portion of the Southeast % of the Southeast % of Section 24, Township 3 North, Range 1 West, Boise
Meridian, Ada County, Idaho, as shown on the attached Exhibit 'A' and being more particularly described as follows:
Commencing at the Southeast corner of Section 24; thence along the Southerly boundary of the Southeast %
of said section, North 89°21'17" West, 121.09 feet; thence North 00°38'43" East, 40.34 feet to the Northerly
right-of-way of Victory Road, the POINT OF BEGINNING;
thence North 45° 34'47" East, 79.41 feet to the Westerly right-of-way of State Highway 69 (Meridian Road);
thence along said right-of-way, South 00° 38'24" West, 21.39 feet;
thence continuing along ,said right-of-way, South 55° «'40" West, 60.96 feet to the Northerly right-of-way of
Victory Road;
thence along said right-of-way, North 88°49'43" West, 6.09 feet to the POINT OF BEGINNING.
Together With:
That portion of the Southeast % of the Southeast % of Section 24, Township 3 North, Range 1 West, Boise
Meridian, Ada County, Idaho, as shown on the attached Exhibit 'A' and more particularly described as follows:
Commencing at the Southeast corner of Section 24; thence along the Southerly boundary of the Southeast ~
of said section, North 89° 21'17" West, 144.03 feet; thence North 00° 38'43" East, 40.55 feet to the Northerly
right-of-way of Victory Road, the POINT OF BEGINNING;
thence North 00° 34'48" East, 131.84 feet;
thence South 89° 22'01" East, 79.16 feet to the Westerly right-of-way of State Highway 69 (Meridian Road);
thence along said right.of-way, South 00° 38'24" West, 45.00 feet;
thence North 89° 21'36" West, 10.00 feet;
thence South 00° 38'24" West, 26.72 feet;
thence South 45° 34'47" West, 85,06 feet to the Northerly right-of-way of Victory Road;
thence along said right-of-way, North 88°49'43" West, 8.94 feet to the POINT OF BEGINNING.
Containing 0.194 acres, more or less.
END OF DESCRIPTION
Prepared by:
J-U.B ENGINEERS, Inc.
Ronald M. Hodge, P .loS.
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VICTORY ROAD WATERLINE EXTENSION
MERIDIAN ADA COUNTY IDAHO
RICHARD EVANS PROPERlY
PERMANENT WATERLINE EASEMENT - EXHIBIT B
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Engineers
Surveyors
Planners
Project:
Date:
10-04-143
February 1, 2005
PARCEL DESCRIPTION
PERMANENT WATERLINE EASEMENT
That portion of the Southeast ~ of the Southeast y.. of Section 24, Township 3 North, Range 1
West, Boise Meridian, Ada County, Idaho, as shown on the attached Easement 'B' and more particularly
described as follows:
Commencing at the Southeast corner of Section 24; thence along the Southerly boundary of the
Southeast y.. of said section, North 89°21 '17" West, 135.09 feet; thence North 00038'43" East, 40.47 feet
to the Northerly right. of-way of Victory Road, the POINT OF BEGINNING;
thence North 45034'47" East, 85.06 feet;
thence North 00'38'24" East, 26.72 feet;
thence South 89021'36" East, 10.00 feet to the Westerly right-of-way of State Highway 69
(Meridian Road);
thence along said right-of-way, South 00' 38'24" West, 30.86 feet;
thence South 45034'47" West, 79.41 feet to the Northerly right-of-way of Victory Road;
thence along said right-of-way, North 88' 49'43" West, 14.00 feet to the POINT OF BEGINNING.
Containing 0.025 acres, more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc.
Ronald M. Hodge, P.LS.
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PERM WATERLINE EASE.doc
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