Domestic Water Line Easement with Gemtone, INC for Eagle Road & PineDOMESTIC WATER LINE EASEMENT
THIS INDENTURE, made this ~ ~ day of ~ L , 19 ~~
between GEMTONE, INC, 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;
WITNESSE'TH:
WHEREAS, the Grantors desire to provide a domestic water line right-of-way
across the premises and property hereinafter particularly bounded and described;
and
WHEREAS, the domestic water line is to be provided for through an
underground pipeline to be constructed for the grantee; and
WHEREAS, it will be necessary to maintain and service 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 and maintenance of the domestic water line over and across
the following described property:
See attached Exhibit A and Exhibit B ~~~
.~QJt GGUtiTY RE~QfiL~ER
_f. il~~,°~~J t~QVA~f~ED ~.% pEPUfiY..
~g~~~~~-~ ~~~ I=29 ~~ 99145934
The easement hereby granted is for the purpose of construction and operation
of a domestic water line and allied facilities, together with their maintenance, 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, its successors and assigns forever.
TT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties
hereto, that the Grantee will timely complete the work of laying the domestic water line
and restoring the premises used therefore to a condition comparable with that existing
prior to exercising this easement; that, in making future repairs, the Grantee will
expediently replace and restore the premises to a condition comparable to that
existent prior to undertaking such repairs and replacement.
THE GRANTORS hereby covenant and agree that they will not place or allow to
be placed any permanent structures or trees on the area described for this easement
which would interfere with the use of said described easement for the purposes stated
herein.
TT IS HEREBY FURTHER AGREED that the Grantors do hereby give and grant to
the Grantee the right of use during initial construction a temporary construction
easement over a strip of land described as follows.
(not applicable)
IT IS UNDERSTOOD that the strip of land described in the previous paragraph
is for the purpose of constructing said domestic water line herein described, the same
to expire when the initial construction is completed.
IT IS UNDERSTOOD AND AGREED that the Grantee will restore said strip to a
condition comparable to that existent prior to the undertaking of the construction of
such domestic water line.
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 hereinabove written.
GEMTONE, INC.
Edward s, cretary
STATE OF IDAHO )
ss
County of Ada )
q~~
On this ~! day of ~ ~- in the year cT 9' ,before me, the
undersigned, a Notary Public in and for said State, personally appeared Edward L.
Bews, known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written
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N ARY PUBLIC FOR IDAHO
Residing at ~ ~-cr, ~d~-Q
Commission Expires: ~-a- moo
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CITY OF MERIDIAN
Robert D. Corrie, Mayor
William G. B~gti' "', rk
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STATE OF IDAHO ) .,,~'ffj+a~s,~int-t,`'`~,`
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County of Ada )
On this ~~ day of ~~~ , in the year ~~~~ before me, the
undersigned, a Notary Public in and for said State, personally appeared Robert D.
Corrie, Mayor and William G. Berg, Jr., City Clerk, known to me to be the persons
whose names are subscribed to the within and foregoing instrument, and
acknowledged that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
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NOT Y P LIC F R IDAHO
Residing at ~ C~v-
Commission Expires: " /
Roylance & Associates P.A.
Engineers Surveyors Landplanners
391 W. State Street, Suite E, Eagle, Idaho 83616 Telephone (208) 939-2824 Fax (208) 939-2855
EXHIBTT A
April 1, 1999
Project No. 1940
Legal Description
Gemtone, Inc.
39,426 Square Feet
A waterline easement situated in the Northwest'/. of Section 9, Township 3 North, Range 1 East,
Boise Meridian, City of Meridian, Ada County, Idaho, described as follows:
Commencing at a found brass cap monumenting the Southwest Comer of said Section 9, thence
northerly along the westerly line of said Section 9, said line also being the centerline of Eagle Road
North O1°-27'-OS" East a distance of 2650.19 feet to a found brass cap monumenting the
Southwest Comer of said Northwest'/+ of Section 9, thence leaving said section line and centerline and
along the southerly line of said Northwest'/+ South 89°-20'-26" East a distance of 729.64 feet to a point
being the Southwest Comer of that certain deed recorded as Instrument Number 94023569, Records of
Ada County, Idaho said point being the POINT OF BEGINNING.
Thence leaving said southerly line North O1°-09'-10" East a distance of 20.00 feet to a point;
Thence South 89°-20'-26" East a distance of 67.10 feet to a point;
Thence North 00°-37'-16" East a distance of 25.00 feet to a point on the southerly line of
Cross Roads Subdivision No. 2 (a recorded subdivision on file in Book 66 of Plats at
Pages 6822 and 6823, Records of Ada County, Idaho);
Thence along said southerly line South 89°-20'-26" East a distance of 20.00 feet to a point;
Thence leaving said southerly line South 00°-37'-16" West a distance of 25.00 feet to a point;
Thence South 89°-20'-26" East a distance of 1269.14 feet to a point on the westerly line of
Westdale Park Subdivision No. 2 (a recorded subdivision on file in Book 68 of Plats at
Pages 6978 and 6979, Records of Ada County, Idaho);
Thence southerly along said westerly line South 00°-48'-08" West a distance of 20.00 feet to a
point on the southerly line of said Northwest %+ of Section 9;
Thence easterly along said southerly line North 89°-20'-26" West a distance of 1946.42 feet to
the POINT OF BEGINNING.
The above described tract of land contains 39,426 square feet, more or less, subject to all existing
easements and rights-of--way.
Prepared By: /nNP~' Lq;,jb
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R. EN~~
ROYLANCE AND ASSOCIATES P.A.
391 W. STATE STREET, SUITE E
EAGLE, IDAHO 83616
ZZOE) 939-2824
FAX (208) 939-2855
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