Water Main Easement with Eagle Road Professional Center, LLC for Eagle Road Professional Centers . ~~co~fl~n-~~au~s~r of
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WATER MAIN EASEMENT
THIS INDENTURE, made this 9th day for December 1999 between Eagle Road
Professional Center, LLC, ("Grantors") and the City of Meridian, Ada County, Idaho
("Grantee").
WITNESSETH:
WHEREAS, the Grantors desire to provide a water main right-of--way across the
premises and property hereinafter particularly bounded and describe; 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 and service said pipeline from time
to time be the Grantee;
NOW, THEREFORE, in consideration of 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 and
maintenance of a water main over and across the following described property:
(SEE ATTACHED "EXHIBIT A" and "EXHIBIT B")
The easement hereby granted is for the purpose of construction and operation of
an underground water line an allied facilities, together with 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.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties
hereto, that the Grantee, in making future repairs, will expediently replace and
restore the premises to a condition comparable to that existent prior to
undertaking such repairs and replacement. However, the Grantee will not be
responsible for repairing, replacing or restoring any permanent structures, large
trees or brush placed with the area described in this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to
be placed any permanent structures, large trees or brush within the area described
for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
THE GRANTORS do hereby covenant with the Grantee that they are lawfully
seized and possessed of the aforementioned and described tract land, and that they
have 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 herunto
subscribed their signatures the day and year first hereinabove written.
~-----
Membe
STATE OF IDAHO )
ss
County of Ada )
~~
Member
On this ~ ~'h day of 1~ , 19~, before me, the undersi ed, a
Notary Public i and for said State, personally appeared . ~ Y
and n ~ ,known or identified to me to
Membe of the Company that executed the within instrument, and acknowledged
to me that such Company executed the same.
IN WITNESS WHEREOF, I have herunto set my hand and affixed my official
seal the day and year first above written.
~ •
4:,~ ~OT'~~P1.~~~•~ NOTARY P IC FOR IDAHO
~; ~•~
N s• AUB L I C =,~. ~ Residing at
~' ti .~'~ •' Commission Expires: -
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Exhibit A
WATER LINE EASEMENT
A Parcel of land situated in a portion of Lot 12 of Amended Magic View
Subdivision Recorder's Plat as recorded in Book 52 at Pages 4445 and 4446, Inst. No.
8369093, said Plat being situated in Section 17, T.3N., R.lE., B.M., Ada County, Idaho,
said Parcel being described as follows:
Commencing at the intersection of the North line of said Lot 12 and the East right-of-way
line of Allen Street said intersection being N89°38'27"E a distance of 25.00 feet from the
NW corner of said Lot 12, thence along the said East line SO°21'33"E a distance of
264.06 feet to a point, thence along the arc of a curve to the left having a radius of 20.00
feet, a central angle of 90°00'00", an arc length of 31.42 feet, and a long chord bearing
S45°21'33"E a distance of 28.28 feet to a point, thence along the North right-of-way line
of Gentry Way N89°38'27"E a distance of 290.80 to the POINT OF BEGINNING;
Thence parallel with said East line NO°21'33"W a distance of 216.00 feet to a point;
Thence parallel with said North line S89°38'27"W a distance of 16.00 feet to a point;
Thence parallel with said East line NO°21'33"W a distance of 20.00 feet to a point;
Thence parallel with said North line N89°38'27"E a distance of 36.00 feet to a point;
Thence parallel with said East line SO°21'33"E a distance of 236.00 feet to a point;
Thence along said North line S89°38'27"W a distance of 20.00 feet to the POINT OF
BEGINNING;
Said Parcel contains 5040 square feet more or less and is subject to all existing easements
and rights-of-ways of record or implied. ~
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