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Correction to Water Main Easement with Sundance Investments Limited Partnership for Silverstone Subdivision IIUfI liUUNI Y nCliUnUt:rI J. UlWIU NflVIl.MU BOISE IDAHO 12/12/02 09:27 AM DEPUTY Bonnie Oberbillig RECORDED - REQUEST OF MERIDIAN CITY AMOUNT .00 CORRECIIUN lU Water Main Easement I Originally recorded 8/29/02 as Instmment #102125185, Ada County Records b 11I1111111111111111111111111111111111 102148792 THIS INDENTURE, made this ;lfday of Nbv. ,2002 between Sundance Investments Limited Palinership, the patiies of the first pati, 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 correct a previously recorded 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 pipel ine 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 va luable 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 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 I ine, Grantee shall restore the area of the easement and adjacent property to that existent prior to undel1aking sllch 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 shou ld any part ofthe 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 nul I and void and of no further effect and shall be completely relinquished. Silverstone Access Driveway Water Main Easement Page I EASMT WTR CORRECTION.doc 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 qlliet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have herellllto subscribed their signatures the day and year first herein above written. GRANTOR: SUNDANCE INVESTMENTS LIMITED PARTNERSHIP ~i.~ Chris Anderson Vice-President of Sundance Company and Authorized Agent of Sundance Investments Limited Partnership STATE OF IDAHO ) ) ss County of Ada ) On this 4-r1-t day of N D\JEl'vL~4Z- , 20 02., before me, the undersigned, a Notary Public in and for said State, personally appeared Chris Anderson, known or identified to me to be the Vice-President and Authorized Agent of Sun dance Investments Limited Partnership who subscribed said partnership name to the foregoing instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. l-,tl,t14S,.' ''''''''.ffl ,\~~"~C)1~COA ,..,,.,...... ,-II \.~..-t................." # .r'... ...,'... '(~--..III. .... P .... .' '}',' '. '7. ~ .: ~: ~~OTAb) \':z..:... .::. ." IT - .l..... .... ; : -- ~te ... :: ..~. ,. . \ .... .hua L \0 / If- f '-=- tJ':-. .. 2 .-;. r. ....... ,.,.... ^ ,'" ~...... '.4~ ........ l\.'.... ,...... .".J, 'I! D*": \~ /. \.., I", f; " i \ ~.l" GRA 'E:~.:"tITY OF MERIDIAN NO~~R::~~~FORIDA~~O ~r () ResidIng at='. ~~r-- Commission Expires: ~ 03 ,\\\11 II I IltIl/f \\\\ t:: 1\,"'. I1I1 '\\..1 Qi .tRID .I11~ ::::-.,,~, ~ ......... ::::-.. c} o'(\POR4 h '1- ~ 2 ~0 ~o ~ ~2 ~ % - - - - - - .. - ti D. Corrie, Mayor - 2 '. Approved By City COllncil On: lllf\J .etvWUw It \ fJ,..OO '2- Silverstone Access Driveway Water Main Easement Page 2 EASMT WTR CORRECTION.doc TEALEY'S LAND SURVEYING 2501 Bogus Basin Rd. . Boise, Idaho 83702 (208) 385.0636 Fax (208) 385.0696 Project No.: 2493 Date: October 7,2002 Revised: October 15, 2002 EXHIBIT uA" DESCRIPTION OF WATER LINE EASEMENT FOR PROPOSED SILVERSTONE SUBDIVISION No.3 A 20.00 foot wide parcel of land being a portion of Block' 1 of Silverstone Subdivision as on file in the Office of the Ada County Recorder, Boise, Idaho said parcel being situated in the NW 1/4 of the NW 1/4 of Section 21, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho. The boundaries of said parcel are located 10.00 feet on each side of the following described centerline: COMMENCING at a brass cap marking the Northwest corner of said Section 21; thence along the North line of said Section 21 South 89013'50" East 619.01 feet to a point; thence leaving said North line South 00014'50" West 55.00 feet to a point on the North line of said Block 1 of Silverstone Subdivision which line is also the South right-of-way line of West Overland Road, said point being the POINT OF BEGINNING; thence continuing South 00014'50" West 67.63 feet to a point; thence North 89045'10" West 112.13 feet to a point; thence South 00014'50" West 15.02 feet to a point; thence at right angles South 89045'10" East 18.00 feet to a point; thence returning North 89045'10" West 18.00 feet to a point; thence South 00014'50" West 62.79 feet to a point; thence at right angles North 89045'10" West 41.00 feet to a point; thence returning South 89045'10" East 41.00 feet to a point; thence South 00014'50" West 19.25 feet to a point; thence South 45014'50" West 67.21 feet to a point; thence Suuth 78059'50" West 6.27 feE:i ;:u a point; thence at righ1 ~,I Jgi~s South 11000'10" East 39.00 feet to a point; thence returning North 11000'10" West 39.00 feet to a point; thence South 78059'50" West 74.15 feet to a point; thence - South 56029'50" West 57.15 feet to a point; thence at right angles North 33030'10" West 32.00 feet to a point; thence returning South 33030'10" East 32.00 feet to a point; thence South 56029'50" West 24.65 feet to a point; thence South 33059'50" West 37.06 feet to a point; thence South 11029'50" West 63.72 feet to a point; thence at right angles South 78030'10" East 34.00 feet to a point; thence returning North 78030'10" West 34.00 feet to a point; thence South 11029'50" West 49.13 feet to a point; thence South 33059'50" West 31.24 feet to a point; thence North 89045'10" West 1 02.76 feet to a point; thence at right angles North 00014'50" East 22.00 feet to a point; thence returning South 00014'50" West 22.00 feet to a point; thence 2493-Waler-ease.doc - dnm TEALEY'S LAND SURVEYING 2501 BOGUS BASIN ROAD, BOISE. IDAHO 83702*(208) 385-0636 Project No.: 2493 Exhibit "A" (cant.) Silverstone 3 Water Line Easement Page 2 North 89045'10" West 17.71 feet to a point; thence South 00014'50" West 130.56 feet to a point; thence North 89037'41" West 77.00 feet to a point on the West line of said Block 1 of Silverstone Subdivision, which line is also the East right-of-way line of South Eagle Road, said point being the TERMINAL POINT of the centerline of this parcel. 2493-Waler-ease.doc - dnm 17 20 16 21 3" W. OVERLAND ROAD ~~'~'50"E 619.01' - ... ..... D ~ <C o 3" D:::: ~ W ::;: --.J <...9 gl <C UlI W I(f) POINT PARCEL "D" PARCEL "E" N 89'45'10" VI 41.00' PARCEL "F" PARCEL "C" PARCEL "B" '- . '" [\J ~~~12 '" <0 1- ;VSy / N 00' 14 '50" E ::::j-liri 22 00' ~g(/);; ... S 78'30' r - " ) 3 10" E I I 400' 117.71' _ '102.76:"- -'-I / N 69'45'10" _...../ 12047' CENTERLINE OF PROPOSED WATER LINE CENTERED IN 20' WIDE EASEMENT 20' CITY OF MERIDIAN WATER LINE EASEMENT N: I -J I I, I~~ I - lJ'I I I ~g 10 dJUl "~19d1 w - ~ I - N 89'37'4'" KJ 77.00' TERMINAL POINT PARCEL "A" o I 50 JOO I I SCALE IN FEET I" = JOO' 200 I LINE L-l L-2 LINE TABLE LENGTH 3124 3706 BEARING S 33 '59 '50" W S 33059'50" W \ \ lOJ~"~ EXHIBIT HB" 20 ' WATERLINE EXHIBIT FOR SIL VERSTONE SUBDIVISION A PORTION OF PARCELS A THRU F OF PARCEL LINE ADJUSTMENT OF LOTS 2, 6-8 & II, BLOCK I, SILVERSTONE SUBD., THE NW 1/4 NW 1/4, SECT. 21, T .3N., R.IE., B.M., MERIDAIN, ADA COUNTY, IDAHO ~~'~9..~J\...nt~:<h,c'{""g -: ().~ 1 ?)-(;2 O~!~ ,,':J.C:7 08 dp~a:':':8 "RECORDED. HJ;:OUESJ PJ{" !J1ce ; j)/ IJ /J Lr~ ,/ f -7 r:'EI:' ff DEPUTY. ~ __._ Sf~ ..--- fF 20320C 29 ArH I : 32 I 0 2 I 2 5 I 8 5 WATER MAIN EASEMENT ,'\OA C(JU}HY RECORDER .; ON/ID ~~ {1,VARRO , -. l~:7 ,.,~. ! .,.~ ;\ !. t ,.~ THIS INDENTURE, made this 2- day of 1 0 ,20 ~etween Sundance Investments Limited Partnership, 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 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 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 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 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 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. Silverstone Access Driveway Water Main Easement Page] Si Iverstone-Access- WTR.doc 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. 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. GRANTOR: SUNDANCE INVESTMENTS LIMITED PARTNERSHIP C~.~ Chris Anderson Vice~President of Sundance Company and Authorized Agent of Sundance Investments Limited Partnership STATE OF IDAHO ) ) ss County of Ada ) On this 1 -\-\-, day of O::....A~" be:.v ,20 O'2,-before me, the undersigned, a Notary Public in and for said State, personally appeared Chris Anderson, known or identified to me to be the Vice-President and Authorized Agent of Sun dance Investments Limited Partnership who subscribed said partnership name to the foregoing instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ,II' lB n.....q ~" p 'otq !'I."'''''''' ~y, 1. ROC'" fit'" ~% oG8MO..._ ~ "'"" '" · -""0 '" i(;.jrl'o ..~\. i f ~OTA~J-- \ 'i :: ... \ -11I- '* i .. .. \ . 1'1lBL\C i "\ ~~e.. I ....# --1 i....... !i>""" q........ot'li OF \"P "........ otot'ot .." Silverstone Acces~lfjnveway Water Main Easement Residing at D)\ "'\-(" , \ d Commission Expires: \ L~ - \ lo - c')".=> Page 2 Silverstone-Access- WTR.doc Approved By City Council On: Silverstone Access Driveway Water Main Easement Page 3 Silverstone-Access- WTR.doc '" TEALEY'S LAND SURVEYING 2501 Bogus Basin Rd. . Boise, Idaho 83702 (208) 385~0636 Fax (208) 385-0696 Project No.: 2493 Date: October 7, 2002 EXHIBIT "A" DESCRIPTION OF WATER LINE EASEMENT FOR PROPOSED SILVERSTONE SUBDIVISION No.3 A 20.00 foot wide parcel of land being a portion of Block 1 of Silverstone Subdivision as on file in the Office of the Ada County Recorder, Soise, Idaho said parcel being situated in the NW 1/4 of the NW 1/4 of Section 21, T.3N., R.1E., B.M., Meridian, Ada County, Idaho. The boundaries of said parcel are located 10.00 feet on each side of the following described centerline: COMMENCING at a brass cap marking the Northwest corner of said Section 21; thence along the North line of said Section 21 South 89013'50" East 619,01 feet to a point; thence leaving said North line South 00014'50" West 55.00 feet to a point on the North line of said Block 1 of Silverstone Subdivision which line is also the South right"of-way line of West Overland Road, said point being the POINT OF BEGINNING; thence continuing South 00014'50" West 67.63 feet to a point; thence North 89045'10" West 112.13 feet to a point; thence South 00014'50" West 77.81 feet to a point; thence at right angles North 89045'10" West 41.00 feet to a point; thence returning South 89045'10" East 41.00 feet to a point; thence South 00014'50" West 19,25 feet to a point; thence South 45014'50" West 67.21 feet to a point; thence South 78059'50" West 6,27 feet to a point; thence at right angles South 11000'10" East 39.00 feet to a point; thence returning North 11000'10" West 39.00 feet to a point; thence South 78059'50" West 74.15 feet to a point; thence South 56029'50" West 57.15 feet to a point; thence at right angles :'~0i-.:h 33030'1 0" ~:../est 32.00 feet to a point; thence returning South 33030'10" East 32.00 feet to a point; thence South 56029'50" West 24.65 feet to a point; thence South 33059'50" West 37.06 feet to a point; thence South 11029'50" West 63.72 feet to a point; thence at right angles South 78030'10" East 34.00 feet to a point; thence returning North 78030'10" West 34.00 feet to a point; thence South 11029'50" West 49.13 feet to a point; thence South 33059'50" West 31.24 feet to a point; thence North 89045'10" West 102,76 feet to a point; thence at right angles North 00014'50" East 22.00 feet to a point; thence returning South 00014'50" West 22.00 feet to a point; thence North 89045'10" West 17.71 feet to a point; thence South 00014'50" West 130,56 feet to a point; thence North 89037'41" West 77.00 feet to a point on the West line of said Slock 1 of Silverstone Subdivision, which line is also the East right-of-way line of South Eagle Road, said point being the TERMINAL POINT of the centerline of this parcel. 2493-Water-ease.doc - dnm 17 16 20 21 "" 2..~0J3'50"E 619.01' W. OVERLAND ROAD POINT OF PARCEL liD II PARCEL liE II N 89045'10" W 41.00' PARCEL "F" PARCEL IIC" - ..,. '" 0. c;:; <l) <( 0 "" 0::: 0 W '!' ...J ::r , 0 0 <( 01 (Ill W I (f) CENTERLINE OF PROPOSED WATER LINE CENTERED IN 20' WIDE EASEMENT 3:: - (\f o I I r-... ff? i'r.{lI'J' <h <J:? '- oC\J r:t -, N 00'14'50" E ::J-/61-- 22.00' ));0' v- S ? " ) 8'30'10_ ~ , 34 00 ' '102.76 ,- "/ . N 89'45'10" _---./ 120.47' 20' CITY OF' MERIDIAN WA TER LINE EASEMENT PARCEL liB II At: I I I I 10_ I I I~~ P5~~W -~r - N 89'37'41" wJ 77.00' I I TERMINAL POINT J 1 PARCEL "A" 200 I o I 50 100 I I SCALE IN F'EE:T I" = ]00' LINE TABLE LENGTH 31.24 37.06 LINE L-j L-2 BEARING S 33 '59'50" W S 33'59'50" W EXHIBIT "B" 20 I WATERLINE EXHIBIT FOR SIL VERSTONE SUBDIVISION A PORTION OF PARCELS A THRU F' OF PARCEL LINE ADJUSTMENT OF LOTS 2, 6-8 & II, BLOCK I, SILVERSTONE SUBD., THE NW 1/4 NW 1/4, SECT 21, T.3N, R IE., B.M., MERIDAIN, ADA COUNTY, IDAHO /.1 "j L-.'i<.J ,'.::l.d....,r.~ ",e ,-;)/~(r~ ~ 4: ~ 2: .30.' ,ie-ann..;