Water Main Easement with EP Crossings, LLC for Carrabba's Italian Grill
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 10/20/05 01 :35 PM
DEPUTY Vicki Allen
RECOROED - REQUEST OF
City 01 Meridian
AMOUNT
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5
1111111111111111111111111111111111111
lØS157371
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WATER MAIN EASEMENT
THIS INDENTURE, made thi& day oø~etweenØ~~ hC<:!- , the parties of
the first part, and hereinafter called the Grantors, and the City of Meridian, Ada Co'unty, 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, main 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 HA VE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors
and assigns forever.
IT IS EXPRESSL Y 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 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
Water Service 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 of the first part have hereunto subscribed their signatures
the day and year first herein above written.
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GRANTOR:
IN 4bS$. -s, LL ~
PF~~~' --~-1c-
Secretary
STATE OF IDAHO)
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County of Ada )
On this ~ day of A-f ti~{;tv ,2005, before me,the undersigned, a Notary Public in
and for said State, personally appeared M (ðI#1El- N. p¡;:it'1 and
, known or identified to me to be the ~, respectively, of the
corporation that executed the within instrument, and ãêkì1õ.Qftcfgéd' "töñlé that such corporation
executed the same.
NOTARYPU~~~ RIDAHO
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Residing ~t-'-':>-tt&,t/ -. "
Commission Expires: 1/ If) I ,
GRANTEE: CITY
AN
Tammy de Weerd, Mayor
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Approved By City Council On: C~, ~ Xi>'b..t ~ ~ I ~
STATE OF IDAHO,
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County of Ada, )
On this Ljf"'- day of ()cJo be r ,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 first above written.
SEAL
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TEALEY'S LAND
SURVEYING
2501 Bogus Basin Rd. . Boise, Idaho 83702
(208) 385-0636 ,
Fax (208) 385-0696
Project No.: 2899 '
Date: September 15,2005
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DESCRIPTION
OF '
MERIDIAN WATER MAl 'EASEMENT
EP CROS INGS LLC
, ,
" A parcel of land being a portion Parcel 1 as shown on Record of S~~ey No. 6994 on
file in theOffiee of the Recorder for Ada County, Idaho, situated in the NW 1/4 of Section 9,
T. 3N., R,1E., 8.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 Parcel
1; thence along, said extended West line and the West Une of Parcel 2 of said Record of
Survey No. 6994 ,;" , ' .,','
North 01°08'42" East 191.05 feet to an iron pin marking the Southwest corner of said
Parcel 1; thence along the South line of said Parcel 1 "
South 89°20'42" East 359.92 feet to an iron pin marKing the Southeast corner of said
Parcel 1 which point is also the POINT OF BEGINNING; thence returning along said South
line of Parcel 1 '
North 89°20'42" West 19.92 feet to a point; thence leaving said South line
North 01°08'42" East 16.95 feet to a point; thence ;
North 89°20'42" West 152.39 feet to a point; thence
North 01 °08'42" East 86.10 feet to a point; thence at right angles
North 88°51'18" West 40.00 feet to a point; thence at right angles
North 01 °08'42" East 20.00 feet to a point; thence at right angles
South 88°51'18" East 10.00 feet to a point; thence at right angles
North 01°08'42" East 42.89 feet to a point on the north line of said Parcel 1; thence
along said North line" ,
South 89°14'20" East 50.00 feet to a point; thence leaving said North line
South 01 °08'42" West 129.15 feet to a point; thence .
South 89°20'42" East 149.84 feet to a point on the East line. of said Parcel 1; thence
along said East line
South 00°39'18" West 7.67 feet to an iron pin marking a point of curve; thence along
the arc of a curve to the left having a radius of 200.00 feet, a central angle of 08°25'07", a
length of 29.39 feet and a long chord that bears
South 03°33'16" East 29.36 feet to the POINT OF BEGINNING.
Said Easement Contains 8,393 Square Feet, more or less
2899-Water-Main-des.doc - dnm
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NW CORNER \
PARCEL I OF 1 ffl: 89 °14 '~O~A1
R,O.5, 6994 II II I 50.00 /NJ
i H rtF' - S--89'.!~'20" E 157,61' I L.-------
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tl:: ¡ ~~ ':: PROPOSED N a 1.08 "4r E
¡ >- I §~' (¡, CARRA8BA'S 20.00
~ 1"'-' IT AllAN GRILL L I
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..., I H :<I' .'---- ~----~iJ . a:J PROPOSED MERIDIAN
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I ~ ¡ H E -:-:",-,:.¿:.:~(- ,-- ,.... I w WATER MAIN EASEMENT
: ~ I 1'1 ~ I- :~ ;' if' ;'/' . u. ----.J I ~ 8,393 S,F
¡ d ) g j OW~ER: ,// -Þ: c.::=./ 2 (1
I ~ I B j I EP CROSSING, LLC EXISTING WATER~~ S 89"20'42" E 149.84'
I. I 2700 AIRPORT WAY SERVICE EASE, 0
I Z SW CORNER I INST# IOSI27S18 z
I ~~,~E~~9~F\i BOISE, ID 83705 , . .. .':. ¡~1' c ~~- --~-c~-
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¡ eM! I'" S 8; 20 42 E 359.92 "w""""""""""""-"""""""N"'Ö("ò8'4;¿';;E""
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EXHIBIT "E"
MERIDIAN WATER EASEMENT
EP CROSSINGS, LLC
PARCEL 1 OF R.O.S. 6994
SITUATED IN THE NW 1/4 OF SECT. 9, T.3N., R.1E., 8.M.,
MERIDIAN, ADA COUNTY, IDAHO
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0
25
so
100
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SCALE IN FEET
I" = SO'
EXISTING R A I>'¡ REST AURANT
VNE CORNER
PARCEL I OF
R,O.5, 6994
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S 00039'18" W 7.67'
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N 89'20'42" W
19.92'
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