Water Main Easement with GRH Ten Mile, LLC for Walgreens
........~
r
ADA COUNTY RECORDER J, DAVID NAVARRO AMOUNT 00 7
BOISE IDAHO 11/02106 01:42 PM .
~~~~J~Eg~~I~~tEST OF 1/1111/111111111111111111111111111111
City of Meridian 1136173227
''"-------
-~-------~~--,._-~/
WATER MAIN EASEMENT
THIS INDENTURE, made this d!..i- day ofG ~.oo ~ ~ , 2006 between GRH Ten Mile
LLC, an Idaho limited liability company, and Halker Properties LLC, an Idaho limited liability
company, collectively 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 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 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
Water Main Easement 1 Meridian Water Main Easement
Page I nLl:.
described for this easement, which would interfere with the use of said easement, for the
purposes stated herein. Notwithstanding the foregoing, the improvements existing within the
easement area as of the date hereof or similar improvements thereto are permitted and not in
violation of this easement.
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.
[remainder of page intentionally left blank.]
Water Main Easement
2
Meridian Water Main Easement
Page~f .,
GRANTOR:
GRH TEN MILE LLC, an Idaho limited
liability company
By:
Its:
HALKER PROPERTIES LLC, an Idaho limited
liability company
By:
Its:
~ ~\\- ~
Colby ker
Manager
STATE OF IDAHO )
: ss
County of Ada )
On this ~ day of ~, 2006, before me, the undersigned, a Notary Public
in and for said State, personally appeared Gary R. Hawkins and Colby Halker, known or identified
to me to be the Managers, respectively, ofthe limited liability companies that executed the within
instrument, and acknowledged to me that such company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fist above written.
(SEAL)
...... I"'."'.t:
~~ ,'" , ...
~~ "," I. P .,
......~, ~. . :" 'I/> ''''
I ..... -<S' ~.-
- . ~
E ?... ~ :
. r. :
=~ :.=
. I, . .
.. C."
'" ".. JuLl I $
.. <P.. .. ·
" .?> ... ... 0 I
....., '1)> ....... ~ ~.."
........ l: 0 F \'U t-- ........
.........."....
~ =~~~p
NOTARYPUBLI RIDAHO
Residing at: ~"Oll--c- l 1)
Commission Expires: ~. l ""Lo l 0
Water Main Easement
3
Meridian Water Main Easement
page~
GRANTEE: CITY OF MERIDIAN
.\\\\\',II,lill:II//
.\'" ,...,.,<- r.1U:'~'//11
'....>" -l.'~ IVIC...., //".
..........:::':'- .A, ,'--'" ----.., r,A:.. ...~
:; a /:p1i\f'Of't.4 J'(:; r y ~::-
,.~ 0 ";~
~ '-:.
(
Attest by William G. Be , City Clerk
Approved By City Council On: C)~ \..~ ~~\.o
STATE OF IDAHO )
: SS.
County of Ada )
On this 22L day of 0 C~Vdefl ,2006, 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 first above written.
(SEAL)
.~:'-;;;QN~......
..~+OT~~ ...
. , .
. : , .
. , , .
. , I .
. ,. .
. .. " .
.~\ A_.' , ·
-~~v~~..
......
S( '1 O~f[ n"l 2>>'lG~4J---'
NOTARY PUBLIC FOR IDAHO
Residing at: nlt OJ? 1 Jd
Commission Expires: ) 0 :.-. I ~ ~ I (
Water Main Easement
4
Meridian Water Main Easement
PageLf J
IDAHO
SURVEY
GROUP ..
1450 EastWatertowerSt. .
Suite 150
Meridian, Idaho 83641
. Phone (20B) 846-8570
..Fax (20B) 884-539.9
Project No. 05-013
April 1 0, 2006
DESCRIPTION FOR
WATER LINE EASEMENT
HAWKINS COMPANIES
A water line easement located in the SW1/4 of the SW1/4 of Section 2, T.3N"
R.1W., 8.M., Meridian, Ada County, Idaho more particularly described as follows:
Commencing at the SW corner said Section 2;
thence along the West boundary line of said Section 2 North 00019'07" East,
345.50 feet;
thence leaving said West boundary line South 88038'31" East, 36.13 feet to a
point on the East right-of-way line of North Ten Mile Road, said point also being the
REAL POINT OF BEGINNING;
thence continuing South 88038'31" East, 86.60 feet;
thence South 44042'23" East, 31.67 feet;
thence South 89043'20" East, 80.88 feet;
thence North 00016'40" East, 20.45 feet;
thence South 88038'31" East, 14.00 feet;
thence South 00016'40" West, 20.19 feet;
thence South 89043'20" East, 57.45 feet;
thence North 00019'07" East, 19.11 feet;
thence South 88038'31" East, 20.00 feet;
thence South 00019'07" West, 49.43 feet;
thence South 56045'09" West, 12.71 feet:
thence North 52005'27" West, 29.03 feet;
thence North 89043'20" West, 147.02 feet;
S:\ISG Projects\Hawkins Tenmile (05-013)\Documents\ten mile water EASE DESC.doc
Page~( I
thence North 44042'23" West, 42.64 feet;
thence North 89042'23" West, 69.94 feet to a point on the East right-of-way line
of North Ten Mile Road;
thence along said East right-of-way line North 02012'03" West, 13.87 feet to the
REAL POINT OF BEGINNING, containing 6,317 square feet, more or less,
Prepared by:
Idaho Survey Group, P.C.
Gregory G. Carter, P.LS.
S:\ISG Project5\Hawklns Tenmile (05-013)\Documents\ten mile water EASE DESC.doc
Page.lLoLl-
h
~
~
~
tr.l
~~
.q-
~~
~ 3: .0
~ tn ~ ::r:
'---' . <(
~wmQ
~ :" .
/'Y ~~f:
o:::"""1o'z
o~ lY.~
~r:'.q- .010
C""I...........uo
l- ~ ~z 0
OJ ~ 3=:: <( C'l
::r:.~ (f) a
x .<(
W 1.l..1c-.l ~
~ i!=a3
--" - 0
~ ~tJfi:
r"\ w W
~ ~Vl~
~~
~!
~
c
~
E--t
C3
~
s.
~
~ i ~ ~
~ Ii ili
c t ~ !
"""
a U
.. \ \ \
u\LJ ~ I
.......s:
~..... "r ~ ~ \ \ \
tJ \ \ \
III
Ii:
i!. . . \
I I ,
\ I I
I \ I
i \
,...:
<n '"
'" ~
~ (;
ffi ~~
I- -12
~~~i
u.iuJO~
g!5ffi~
::(f):E~
c..:
0..
>-cL'
OW::>
:r~O
<(::>~
Ow0
i
US &1
~i1 j!:
~:l I
-;y:
'00 s _____
Ss'ggl: iii .Ll2:!:...________
,---__---- I
---------- . I
" -- i i
dig I I
\ :
J. 1\ I
. I ..
~ l~ I !
s):- ! I
-.:l 'I~ : all
I u '1
% ,~ \: !ii
~.~~ \ i; ~ '\..'"
~-t:J k · ~ ~ :
'""I f~ ~~. ; i ~
"11~.1\ I :
~I~i~ ~ 1 I
~zd 'I I
' "'I I '
~I =j' ;I: 1:1
t"1 ~_ I
:I~" ~ ~5 I !
I,ll' ,,: 5""" I 'I i
r r.~ "V, i
~ \. , : I
.0," J I I
is ! ~ -..,.._._.-._~; . : I"
='" I \~ --w 201 B8 I _ 1
"~~-.----;Oi1't03.' ---------t~ l
. __~"GK: ------- ~ Iii i
-------ir""iiili:w..\iDii i
~._- --- --- -,. -, I
<;.~ l'~
m ~a
~
is
ffis ~
::I! .
1>.;::\ ~'b
o~ ",q
>- .-'"
I- CIon
U CI
UI