Water Main Easement with DBSI Industrial Limited Partnership for Meridian Freeway Associatesh
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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
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,` `~ ~G~,~po~A~ fi~ii~ii G. Berg, Jr.,
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STATE OF IDAHO )
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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
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year in this ~rt,fiGate first'ab`e>ye written.
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STATE OF IDAHO )
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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 .
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Water Main Easement
Page 3
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STATE OF IDAHO )
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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.
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Water Main Easement
Page 4
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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
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Due East 434.34 feet; thence ~ ~'~
South 45°00'00" East 134.10 feet; thence
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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
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N8976'27"W 577, 72
OVERLAND ROAD
(SECTION LINE) S 1/4 SECTION 13
T.3N.,R.iW., B.M.
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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.