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Water Main Easement with DBSI Industrial Limited Partnership for Meridian Freeway Associatesh RECOFt~E~ - f1FQU~~T OF r; ,: ~ ,, Fc.i: 2G~A23 P-~ 1=~2 ~ X0067334 .~ rte- n~~..~. MERIDIAN CITY WATER MAIN EASEMENT THIS INDENTURE, made this 25th day of July, 2000, between DBSI Industrial Limited Partnership, an Idaho limited partnership, and Meridian Freeway Associates, an Idaho limited partnership, both of which have an address of 1070 North Curtis, Suite 270, Boise, Idaho 83706, jointly and severally the parties of the first part, and hereinafter called the Grantor, and the City of Meridian, a body politic and corporate of Ada County, Idaho, which has an address of 33 East Idaho Avenue, Meridian, Idaho 83642, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, DBSI Industrial Limited Partnership owns the property described on the attached Exhibit "C", which by this reference becomes a part hereof, and WHEREAS, Meridian Freeway Associates owns the property described on the attached Exhibit "D", which by this reference becomes a part hereof, and WHEREAS, the said 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 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 operation and maintenance of a water main over and across the following described property: As set forth on the attached Exhibit "A" (legal description) and "B" (drawing), which by this reference become a part hereof. The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, repair and replacement at the convenience Water Main Easement Page 1 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 within 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 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 has hereunto subscribed their signatures the day and year first herein above written. GRANTORS: DBSI Industrial Limited Pa , an Idaho limited partnership By DBSI Prope ies imited Partnership, its General Partner By A Genera Partner Meridian Freeway Associa Idaho limited partnership By DBS c., its eral artner By Douglas L. wenson, President GRANTEE: City of Mer By Corrie, its Mayor Water Main Easement Page 2 .~~~~,,,,+rraurrrrrrrr ,` `~ ~G~,~po~A~ fi~ii~ii G. Berg, Jr., 0 ~~ - ' ~ ~~C JT A ~~~s i~ ~f ~ !: 1 d ` J~rda,% iiii;ha\ STATE OF IDAHO ) ss. COUNTY OF ADA ) On this 3'~ day of August, 2000, before me, the undersigned, a Notary Public, in and for said State, personally appeared Douglas L. Swenson, known to me to be a General Partner of DBSI Properties Company Limited Partnership, the partnership that executed the foregoing instrument in its capacity as general partner of DBSI Industrial Limited Partnership on behalf of said partnership, and acknowledged to me that said partnership executed the same. IN WITNESS EREf3F,~~,I have hereunto set my hand and affixed my official seal the day and S d year in this ~rt,fiGate first'ab`e>ye written. e ~ ~ i n 4 9 "~E. - „~i ~ ~'A ~ A E? ~ - ~ t~.. E~i f ~p q "' `~ ~~ ~ ~ ,; ublic for Idaho ,• '~,° ,a~' Residing at Boise, Idaho Pd6~t F` r ~''~J Commission expires ~ °' ~ e~-Q~ ~y'~F;~~ STATE OF IDAHO ) )ss. County of Ada ) On this 3`~ day of Aug_st, 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared Douglas L. Swenson, known or identified to me to be the President of DBSI Inc., which corporation is known or identified to me to be the general partner of and the partner which subscribed said partnership name to the foregoing instrument, and acknowledged to me that said corporation executed the same in said partnership name. y IN WITNESS WHEREOF, I have here hand and affixed my~ 1 seal the day and ear in this certificate first above writte . ,0~g9n9a~~~orceee~i ~_>~ m, 0 pFi 6 ~~,. e. C~ :;. ~~~ ~~. ,~ .,. a, `~C~~'~P.~itut~y+yQ~d4 tic tarygublic for the State of Id~io Residing at Boise, Idaho Commission expires 1 !~ ~ ~ ~-~D Water Main Easement Page 3 1 STATE OF IDAHO ) ss County of Ada ) On this r~' ~ day of August, 2000, before me, a Notary Public in and for the State of Idaho, personally appeared Robert D. Corrie and William G. Berg Jr., known to me to be the Mayor and City Clerk, respectively of the City of Meridian that executed the within instrument or the person who executed the instrument on behalf of said corporation and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •~~••^^r•••• ..~E_ UG„q• v~; p T~ ~~~ •: • . . oa~osiooz:zs ••:;E OF rA~: WTR.doc ~.V=' ~ Residing at C~ G~ wwv L G~- Comm. Expires: `'~ ~-~ b Water Main Easement Page 4 ~~ ^^ Quadrant August 4, 2000 Consulting, Inc. Page 1 of 2 EXHIBIT A DBSI INDUSTRIAL LIMITED PARTNERSHIP ' WATER LINE EASEMENT A 20-foot wide water line easement located in the Southeast '/4 of the Southwest '/4 of Section 13, Township 3 North, Range 1 West, Boise Meridian, ,Ada County, Idaho, and more particularly described as follows: Commencing at a 5/8" pin marking the South Quarter Corner of said Section 13; thence North 00° 11'52" East 48.00 feet along the east line of said Southwest'/4 of Section 13 to a point on the north right-of--way line of West Overland Road; thence North 89°26'27" West 57.34 feet along said north right-of--way line to the POINT OF BEGINNING; thence leaving said north right-of--way line Due North 144.38 feet; thence Due East 41.33 feet; thence Due North 20.00 feet; thence Due West 41.33 feet; thence Due North 201.84 feet; thence North 45°00'00" West 150.67 feet; thence Due West 32.89 feet; thence Due North 13.34 feet; thence Due West 20.00 feet; thence Due South 13.34 feet; thence Due West 409.73 feet; thence Due South 467.26 feet; thence South 89°26'27" East 20.00 feet; thence Due North 57.51 feet; thence Due East 86.29 feet; thence Due North 20.00 feet; thence Due West 86.29 feet; thence Due North 262.17 feet; thence Due East 86.74 feet; thence ~' i„gN~s Due North 20.00 feet; thence E G9 Due West 86.74 feet; thence 'G Due North 87.77 feet; thence c a 6 ~ Due East 434.34 feet; thence ~ ~'~ South 45°00'00" East 134.10 feet; thence • h o ~~P~ ~ ~ -'~ ence t th 226.12 feet Due Sou , J OF ~ 1'1 ~~'~ Due West 59.90 feet; thence ! LO Due South 20.00 feet; thence Due East 59.90 feet; thence Due South 111.62 feet to said north right-of--way; thence South 89°26'27" East 20.00 feet along said north right-of-wa}~ to the POINT OF BEGINNING. 405 S. 8th Street, Ste. 245 • Boise, ID 83702 • Phone (208) 342-0091 • Fax (208) 342-0092 • Internet: quadrant®micron.net Civil Engineering • Surveying • Construction Management JULY 27, 2000 PAGE 2 OF 2 EXHIBIT B CITY OF MERIDIAN WATERLINE EASEMENT ~~ Q ~ V O O~ ~~ Qp ~- W Q Q W 1- ~Q z~ Q p3 W N90'00'00"W 578.50' --------------- - ~---- --- •-- --• -- S 13.34'\PT ~ E 434.34' i~ ' n ~, z ; N 20.00' N z ~~ ^^ quadrant Consulting, Inc. N I N. T.S. , i W 20.00' _ -, ~-N 13.34r ------- ~ W 32.89' ' ~ PROPERTY LINE---; 4s S !y ~ Fs' F s°s~. ~~A! O• ' --~ ~ - 20' WIDE WATERLINE I -v, I~ PROPERTY LINE EASEMENT I v 'N N~o IN ~ RTNERSHIP ~/ N ~.W ITED PA 43 ~/ Z I r LAM ~ 00 46 ~"~ ~ °o ~~ pBS~ INDDSNTYLpEED ~{ 03 N I ~, ,p WARRA I° 2 ' W 86 29' ;l!//.1~'!!~-N 20.00' E 86.29' -N ; 57.51' / W 41.33' -.~ N 20.00' W 59.90' E 41.33' 5 20.00' -®~~~ / ; E 59.90' %/ vF~/%/% n / v ' N ~ {O/ Z ' N~ E 20.00'-~~~ 57.34' E 20.00' °o N8976'27"W 577.79' J o ' POINT OF BEGINNING J ° _-_- ~ -_-_ ------- WATERLINE EASEMENT --- vao N8976'27"W 577, 72 OVERLAND ROAD (SECTION LINE) S 1/4 SECTION 13 T.3N.,R.iW., B.M. .r EXHIBIT C Property owned by DBSI Industrial Limited Partnership A parcel of land situated in the Southeast quarter of the Southwest quarter of Section 13, Township 3 N., Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Beginning at a 5/8 pin marking the South quarter corner of said Section 13 and the POINT OF BEGINNING; thence North 00°11'52" East 547.89 feet along the East line of said Southwest quarter of Section 13; thence leaving said East line North 90°00'00' West 578.50 feet; thence South 00°06'51" West 542.31 feet to the South line of said Southwest quarter of Section 13, said line also being the centerline of Overland Road; thence South 89°26'27" East 577.68 feet along said South line to the POINT OF BEGINNING; EXCEPT that portion situated in the Overland Road right-of--way. 072&0011:09 AMG:\WP\FINANCE\PENDSALE\MERIFWY\DBSI Indusl+ial LP Pmpeny Legul.da EXHIBIT D Property owned by Meridian Freeway Associates A tract of land situated in the Southeast quarter of the Southwest quarter, Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a 5/8" iron pin marking the South quarter corner of said Section 13; thence North 89°26'27" West 577.68 feet along the Southerly boundary of said Section 13, which is also the centerline of Overland Road, to a %i" iron pin which is the real point of beginning; thence continuing North 89°26'27" West 248.39 feet along the said Southerly boundary of Section 13 and the said centerline of Overland Road to a %Z" iron pin; thence North 31°06'24" West 421.43 feet along the approximate centerline of a canal to a point; thence North 81°09'35" West 286.31 feet along the approximate centerline of said canal to a point; thence North 0°06'51" East 718.08 feet to a 5/8" iron pin on the Southerly right-of--way boundary of Interstate Highway 80; thence South 89°53'39" East 1,325.21 feet along the said Southerly right-of--way boundary of Interstate Highway 80, to a 5/8" iron pin on the North-South quarter section line of said Section 13; thence South 0°00'00" East 694.94 feet along the said North-South quarter section line to a 5/8" iron pin, which is located 433.94 feet North from the South quarter corner of said Section 13; thence North 87°10'49" West 577.46 feet to a 5/8" iron pin; thence South 0°06'51" West 456.23 feet to the real point of beginning. EXCEPTING THEREFROM THE FOLLOWING PROPERTY: A parcel of land situated in the Southeast quarter of the Southwest quarter of Section 13, Township 3 North, Range 1 West, B.M., Ada County, Idaho, more particularly described as follows: Commencing at a 5/8 inch iron pin marking the South quarter corner of said Section 13; thence along the East line of said Southwest quarter of Section 13 North 00°11'52" (formerly shown as North 00° 00'00") East 433.49 feet to a point being the Northeast corner of a tract of land described in Warranty Deed recorded as Instrument No. 95085854, records of Ada County, Idaho, said point being the POINT OF BEGINNING; thence continuing along said East line ., North 00°11'52" East 114.40 feet; thence leaving said East line North 90°00'00" West 578.50 feet; thence South 00°06'51" West 86.08 feet to the Northwest corner of said tract described in Warranty Deed recorded as Instrument No. 95085854, records of Ada County, Idaho; thence South 87°10'49" East 578.96 feet along the North line of said tract to the POINT OF BEGINNING.