Water Main Easement with Kimball Properties, LP for El Dorado Retail 2
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 10/20/05 01:35 PM
DEPUTY Vicki Allen
RECORDED - REQUEST OF
City 01 Meridian
AMOUNT
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WATER MAIN EASEMENT
TillS IND ENIURE, made this 1L day o~ 20 C6between k,."".1f ¡1N1,.4{~ tJ! 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;
wrrlæss~: -
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 th~ Grantee; "-, , - -
NOW, TIIEREFORE, 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 öfóbnstruction 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 adj acent 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
pennanent 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 àgteèWitñthe 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
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THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of
the aforementioned and described tract ofland, 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 WTINESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures
the day and year first herein above written.
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GRANTOR: K L ~bJ1 ¡Jr~eJ t.- t-~ JJ jJ..;;f~.sj.~
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Secretary
STATE OF IDAHO)
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County of Ada)
On this ,:J 9 ~ day of () e.ftet'<\. be r. , 2q 0 s:Defore me, the undersigned, a Notary Public in
and for said State, personally appeared _: bJ 11'1$ '18 K. R. W1,()CJ V"P ""tI:nd---
, known or identified to me to be the ~~~8£fotary, respectively, ofthe -
1~"j4 cerp9fQti9R-"that executed the within instrument, and ac owle geo to me that such eðt'p9rati611 ¡1.-¡"..,t."q
executed the same.
""W ~ESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
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Water Main Easement
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CITY OF MERIDIAN
Approved by Council on .
STATE OF IDAHO,
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County of Ada, )
On this lt~day of Oclo{,er ,2005, before me, the undersigned, a
Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and William
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 fll"st above written,
SEAL
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EmmIT A
WATER MAIN EASEMENT - EL DORADO RETAIL #2
A 20 foot wide water main easement across a portion of Lot 4, Block 3 of the Bonito
Subdivision, recorded as instrument number 103142839 in the office of the Ada County
Recorder on August 22,2003, in Book 86 of Plats at pages 9783 through 97881ocated in
the Northeast ~ of Section 20, Township 3 North, Range I East, Boise Meridian, Ada
County, Idaho and is more particularly described as follows;
Beginning at the southeast comer of said Lot 4, said point being on the West Right-Of-
Way line of South Bonito Way; thence al()ng th~_ßouth line of said Lot 4
South 74°24'32" West 85.94 feet; thence leaving said South line of Lot 4
North 90°00'00" West 137.99 feet; thence .
South 00<:>07'01" East 10.51 feet to a point on said South line; thence along said South
line
North 90°00'00" West 20.00 feet; thence leaving said South line
North 00°07'01" West 30.51 feet; thence
South 90<:>00'00" East 155.29 feet; thence
North 74<:>24'32" East 46.41 feet; thence ----.
North 14°27'08" West 11.25 feet; thence
North 75<:>32'52" East 20.00 feet; thence
South 14°27'08" East 10.85 feet; thence
North 74<:>24'32" East 17.06 feet to a point on said West Right-Of-Way line of South
Bonito Way, thence along said West Right-Of-Way line
20.00 feet along a curve to the left, said curve having a radius of737.00 feet, a delta
angle 1 <:>33'18", and a chord b~arinKand distance of South 14°48'49" East 20.00
feet to the POINT OF BEGINNING.
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Said easement is subject to all existing easements of record or of use.
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\J\{ATER MAIN EASEMENT
AFFECTING BdNITO SUBDIVISION, LOT 4, BLOCK 3
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LOT 4 BLOCK 3
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LOT 3 BLOCK 3
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GRAPHIC SCALE
0 20' 40'
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1 INCH = 40'
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LINE TABLE
LINE LEN GTH BEARING
L1 85.94 574'Z4'3Z"W
LZ 137.99 N90'OO'00"W
L3 10.51 500'07'01 "E
L4 ZO.OO N90'OO'00"W
L5 30.51 NOO'07'Ol "w
L6 155.Z9 N90'OO'OO"E
L7 46.41 N74'Z4'3Z"E
L8 11.Z5 N14'Z7'Oa"W
L9 ZO.OO N75'3Z'5Z"E
L10 10.85 514'Z7'08"E
L11 17.06 N74'Z4'32"E
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CURVE TABLE!
CURVE DELTA ! BEARING CHORD D15T.
Cl 1'33'18" i 514'48'49"E ZO.OO
EXHIBIT B
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LEGEND
RO',',' RIGHT-OF-WAY
- - PROPERTY BOUNDARY
- - - - -EASEMENT BOUNDARY
W PROPOSED WATER MAIN
PROPOSED CURB
- - - - - - - - - EXISTING EASEMENT
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