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Water Main Easement with Talus Professional Plaza, LLC for Talus Medical Building ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 06/14/07 01:21 PM DEPUTY Vicki Allen RECORDED - REQUEST OF City 01 Meridian AMOUNT .00 5 1111111111111111111I11111111111111111 107085124 '"--,-_.. / WATER MAIN EASEMENT THIS INDENTURE, made this U- day 01,. ..,,, , 20JSlbetween Talus Professional Plaza, L.L.c. whose current address is 222 N. Second Street, ~2. Boise, Idaho 83702, the parties of the first part, and hereinafter callcd 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 rightRof.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 t1leir allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantec, 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 casement 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 t1lat 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 tile right-of- way and easement hereby granted shall become part of, or lie within tile boundaries of any public street, then, to such extent, such right-of-way and casement hereby granted which lies within such Water Main Easement EASMT WTR MAIN. doc 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 thc aforementioned and described tract ofland, and that they have a good and lawful right to convey said casement, 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 ofthe fIrst part have hereunto subscribed tlIeir signatures the day and year first herein above written. GRANTOR: TE OF IDAHO ) ) ss County of Ada ) On this \ ~t day of J" LU"'\e.... ,20 01, before me, the undersigned, a Notary Public in and for said State, personally appeared Stephen W. Asher, MD, knOWll or identified to me to be the authorized signatory of the limited liability company that executed the within instrument, and acknowledged to me that such limited liability 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. ~~pi~LI~R~~L Residing at M.c.- r t\ ~~~ Commission Expires: - \ '(, ,lD \ L. Water Main Easement EASMT WTR MAIN. doc . "q\\\""",/., " . 11' .. ~_. . "II/ ,\' "l Gr ....:r:J.1,."..: I" . ' .' ,". ',,"-,;I "/ .....' _:" \, ,,_-- ,/,,,,,'1~_ ~ '. ( , /" ,-,ao", 'lA_ ~ ~:'" ,..I /' _0'" '1<'11: .". '$- ~. ~ ~ ~ <...., ( . ~ 'l-~ 0" / ~ ~ Tammy de Weerd, a r ~ 2l..;-~'"1! ~ GRANTEE: CITY OF MERIDIAN r :._'~ 1":; . _ ~_ r!?~. -;;. ""q >f:"- .0 .:: ~ "'0 _ "8., 15' . ","..;' 1c- -If ~ ,.:::- ..... r\r. ti> " ....11/1 -VUNT"<. \\,\'\ I'/4.WUt ~ \\\ le \ d 't \U\\ Attest by William G. Be, Clerk Approved By City Council Oll:~ STATE OF IDAHO, ) ss. County of Ada ) 'lfk . J '1 On this day of ~U./'(lf../ , 20 ~ 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 tile day and year first above written. (SEAL) ~...~Qi:;'~..... ... '4t: 0 T AiI.J1. -.. .. . . ' I . . : : . . I 'f .. . \ I, . . , ' ... ..~ltr;. ShOJ1 fYl1TL,~'~ NOTARY PUBLIC FOR IDAHO L, , , 4 Residing at: --rvv_-- h?'L ,/b{ COlllmission Expires: /0 -- / f'- II Water Main Easement EASMT WTR MAIN. doc Cascade Office PO Box 188 105 N Main Street Cascade, Idaho 83611 Office: 208-382-4902 Fax: 208-382-4902 Rennison Fodrea Engineers · Surveyors · Planners Eagle Office 128 S Eagle Road Suite B Eagle, Idaho 83616 Office: 208-938-2440 Fax: 208-938-2441 DATE: 10/18/06 Project No.: 1732 Exhibit H A" City of Meridian Water Easement An easement for the purpose of accessing and maintaining potable water facilities situated in a portion of Lot 17, Block 2, Silverstone Campus Subdivision as shown in Book 4 of Plats on pages 10~295 to 10~299 inclusive~ Records of Ada County, Idaho, located in a portion of the NW 1/4 of Section 21, T. 3 N. R. 1 E., B.M., City of Meridian,. Ada County, Idaho, as shown on Exhibit B attached hereto and by this mention made a part hereof and being more particularly described as follows: Commencing at a found brass cap marking the north 1/4 comer of said Section 21; Thence a bearing of N 89014'30" W, along the north boundary thereof, a distance of 285.41 feet to a point; Thence S 00000'00" W a distance of 252.58 feet to a found 1/2 inch rebar on the west right-of-way boundary of South Topaz Way~ marking the northeast comer of said Lot 17, and being the POINT OF BEGINNING; Thence a bearing of N 90000'00" W, a distance of 49.94 feet to a point; Thence a bearing of S 00000'00" E a distance of 31.55 feet to a point; Thence a bearing of S 90000'00" E a distance of 35.60 feet to a point on said west right-of-way boundary; Thence on a non~tangent curve to the right on said west right-of-way boundary~ which curve has a radius of 299.70 feet, a length of 8.64 feet, a chord which bears N 26001'43" E~ a distance of 8.64 feet~ to a found 5/8 inch rebar; Thence on a non- tangent curve to the left on said west right...of-way boundary~ which curve has a radius of 325.33 feet, a length of 26.03 feet, a chord which bears N 23055'17" E, a distance of 26.02 feet~ to the POINT OF BEGINNING; Said described easement contains 1,358 square feet more or less~ together with and subject to rights- of-way and easements of record and / or use. Modification in any way of the foregoing legal description terminates all liability of the surveyor who prepared that description. Prepared by Rennison Fodrea~ Inc. R:\Projects\Houslon Bugalsch\ 1732\Admin\Lega1s\ 1732 Walei' Easment.doc EXHIBIT "B" CITY OF MERIDIAN WATER EASEMENT NW CORNER SECTION 21 FOUND BRASS CAP CP&F INST. NO. 103135428 17 S. OY.ERLA.N.D ROAD .BAS.I'S OJ" .B.EA.R.I'Nr,;! .N89"14'30.W 2664.97" N 1/4 SECTION 21 FOUND BRASS CAP CP&F INST. NO. 7852139 LOT 3 I I ---t- LOT 2 LOTI r . . . . . '285.'41'" -' .- . . i -r I SURVEY REFERENCES 1. RECORD OF SURVEY NO. 7513, INSTRUMENT NO. 106131345, RECORDS OF ADA COUNTY, IDAHO. 2.l --:----T-- I LOT 17 NOTE I~ 1. THE BEARINGS AND DISTANCES '.if SHOWN HEREON ARE DERIVED FROM ~ AN ON THE GROUND SURVEY ~ RECORDED AS RECORD OF SURVEY ~ NO. 7513 (SEE SURVEY REFERENCE 1). REFER TO SAID SURVEY FOR (1) BEARINGS AND DISTANCES FOR 4\~ PROPERTY LINES DEPICTED ON THIS EXHIBIT AND INFORMATION I I t-i REGARDING EXISTING EASEMENTS _ _ I I LEGEND AND RELATED SURVEY INFORMATION. ---z 6 - - - - PARCEL "A" BOUNDARY LINE LOT 16 2. SILVERSTONE CAMPUS SUBDIVISION, PAGES 10295-10299 OF BOOK 4 OF PLATS, RECORDS OF ADA COUNT~ IDAHO. POINT OF BEGINNING PARCEL "A" AS DEPICTED ON ROS NO. 7513 ~ SOO1)O'OO"E 31.55' LOTS I '( S90'OO'OO"E 35.60' - - - - - SECTION LINE CURVE C1 C2 CURVE TABLE 'LENGTH RADIUS CHORD BRG. 26.03' 325.33' N23'55'17"E 8.64' 299.70' N26'01' 43"E CHORD 015T. 26.02' 8.64' ADJACENT LOT LINE PREVIOUS lOT LINE STREET CENTER LINE - - - - - - - EASEMENT LINE ~ FOUND BRASS CAP o FOUND 5/8 REBAR o FOUND 1/2" REBAR .c. CALCULATED POINT 100 50 0 100 HORI8wP5cALE IN 1"t,t.1 I EXHIBIT "B" WATER EASEMENT SITUATED IN A POR'I10N LOT 17, BLOCK 2 SILVERTSTONE CAMPUS SUB.. LOCATED IN THE NW 1/4 OF SECI'lON 2.l. T. aN.. R, 1 B.. B.M.. CITY OF MBlUDJAN. 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P tee ~G; cid et S~ dec FZoa . ~ase,~ea` QiaZa, ~ ert { U ~~C: r cr P pe weerd: Under p 06-537. Last eAartmer, several than night our youth that eve 9es tO them, just to ~ mentione one is welco d, they ado me and arE of you tonight I would ted them last aPPreciate i f wE Wardle: Madam Mayor--~ ~atec M Pco{ess~° ert Pest,~ert Gc° {°t th' i• ay jai ~ase'~ rdirv ert atec. Macy Qc`~eia et P~erd~ er 5 t ~ • O~`id~r s 6U arsi°r: aste~a i`c ~ Q`art~x {°c the VJ t ~. ~ Ceatr~er ec N° • 2 eec'~`er or rar e • °r Pc° ect• ert • ~ and c v C s~ sera vie i.• Ex ar Maur PQ.Eagie ~aba`vi5i°r ay M• s ~~~: City of Meridian, Public Works Engineering Interoffice Memo To: Tara Green From: Karie Glenn CC: Date: 6/14/2007 Re: Original /Recorded Docs for Vault 107085123 6/14/2007 PUID Paramount Paramount #13 (several easement Development LLC lots) 107085124 6/14/2007 WATER Tals Professional LLC Talus Medical Bldg easement From the desk of... Karie A Glenn Dept Speaalist Supervisor Public Works: Engineering Division 660 E Watertower Ste 200 Meridian, Idaho 83642-2600 (208) 898-5500 Fax: (208) 898-9551 • Page 1