Waterline Easement with Moore, Winston H. for Ustick Waterline ExtensionS
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THIS INDENTURE,~'tl~'th~~ ~ay of , 2000, between Winston
H. Moore, the parties of the first part, and hereinafter ailed 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 waterline right-of-way across the premises
and property hereinafter particularly bounded and described; and
WHEREAS, the waterline is to be provided for through an underground pipeline to be
constructed by 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 waterline over and across the property. Permanent and temporary
construction easements are described and shown on Exhibit "A" and Exhibit "B", attached
hereto and incorporated into this easement.
The Permanent Waterline Easement hereby granted is for the purpose of construction and
operation of a waterline and allied facilities, together with their maintenance, inspection,
testing, repair and replacement at the convenience of the Grantee, with the free right-of
access to such facilities at any and all times.
The Temporary Construction Easement is for the purpose of construction, testing, and
inspection of the waterline and all related work necessary to complete construction and to
place the waterline in operation. The temporary construction easement shall expire when the
construction contract terminates.
TO HAVE AND TO HOLD, the said permanent 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 will timely complete the work of installing the waterline 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. However, the Grantee will not be responsible for repairing, replacing, and any
permanent structures, or large trees placed within the permanent easement area described in
this easement. The Grantee also agrees to the following: 1) Resetting and replacement of any
land monuments that may be disturbed by the construction, repair, or replacement of the
waterline. 2) All excavated materials will be removed from the property.
THE GRANTORS hereby covenant and agree that they will not place or allow to be
placed any permanent structures, large trees, or to significantly add or diminish ground cover
depth above the waterline on the area described for this easement which would interfere with
Page 1
the use of said described easement for the purposes stated herein. The GRANTORS shall
maintain reasonable access to the GRANTEE'S valves and related appurtenances. The
GRANTOR shall allow the GRANTEE access to trim landscaping brush and plantings from time to
time, if such items hinder the operation and maintenance of the waterline and related
appurtenances.
THE GRANTOR hereby covenants 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 defined 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.
GRANTOR: Winston H. Moore CITY OF MERIDIAN:
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Date Date
Signa re Rob D. Corrie, Mayor
At est by William G. Berg, C' rk
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STATE OF IDAHO )
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County of Ada )
On this ~ day of ~ 2000, before me, personally
appeared ~ ,known or
identified to me (or proved to me on the oath o ),
to be the person whose name is subscribed to the within instrument, and acknowledged to me
that he executed the same.
IN WITN S WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year ° ~ i~c~r to first above written.
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STATE OF IDAHO )
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County of Ada )
Notary Public, State of Id ho
Residing at
My commission expires: - ~`~
On this ~~fh day of ~. 2000, before me personally
appeared ,known or
identified to me (or proved to me on the oath of ),
to be the person whose name is subscribed to the within 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 in this certificate first above written.
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Engineers Surveyors Planners
Project No.: 11672-03
Date June 15, 2000
Parcel No.: 50532449201
Grantor: Winston H. Moore
EXHIBIT "A"
CITY OF MERIDIAN
2000 USTICK WATERLINE EXTENSION
PERMANENT EASEMENT DESCRIPTION
A parcel of land being a portion of the SE'/a, SE'/a of Section 32, T.3N., R.1E., B.M., Ada
County, Idaho, and more particularly described as follows:
Commencing at a brass cap marking the Southeast corner of Section 32, T.3N., R.1 E., B.M.,
Ada County, Idaho; thence North 89°44'42" West, 130.27 feet along the Southerly boundary of said
Section 32 to a point; thence leaving said Southerly boundary North 00°15'18" East, 38.17 feet to a
point on the existing Northerly right-of-way of Ustick Road as shown on Highway Plans Federal-aid
Project No. NH-3270(103) now on file with the Idaho Transportation Department, Ada County,
Idaho, the REAL POINT OF BEGINNING;
thence leaving said Northerly right-of-way North 0°15'18" East, 20.00 feet to a point herein
referred to as Point "A";
thence South 89°44'42" East, 89.45 feet to a point on the Westerly right-of-way of Eagle
Road as shown on the aforementioned highway plans;
thence along said Westerly right-of-way South 01°50'36" West, 3.01 feet to a point;
thence South 43°28'32" West, 14.88 feet to a point on the existing Northerly right-of-way
of Ustick Road;
thence along said Northerly right-of-way South 85°48'44" West, 79.41 feet to the REAL
POINT OF BEGINNING.
Said parcel contains 0.03 acres (1,426 square feet, more or less).
END OF DESCRIPTION
TOGETHER WITH:
A temporary construction easement. The Southerly line being coincident with the
Northerly line of the aforementioned permanent easement and being more particularly described
as follows:
Beginning at the aforementioned Point "A";
thence North 00°15'18" East, 20.00 feet;
thence South 89°44'42" East, 90.00 feet to a point on the Westerly right-of-way of Eagle
Road as shown on Highway Plans Federal-aid Project No. NH-3270(103) now on file with the Idaho
Transportation Department, Ada County, Idaho;
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Exhibit "A"
Engineers Surveyors Planners June 15, 2000
Page 2
thence South 01°50'36" West, 20.01 feet along said Westerly right-of-way to a point;
thence leaving said Westerly right-of-way North 89°44'42" West 89.45 feet to the REAL
POINT OF BEGINNING.
Said easement contains 0.04 acres (1,795 square feet), more or less.
END OF DESCRIPTION
See attached Exhibit "B"
Prepared by:
J-U-B ENGINEERS, Inc.
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Lawrence H. Koerner, P.L.S.
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WINSTON H. MOORE ,~
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CITY OF MERIDIAN
2000 USTICK WATERLINE EXTENSION
DRAWN BY: L.H.K. DATE: 6/15/00 LEGAL: A PORTION of THE SE 1 /4, SE 1 /4,
ADA COUNTY
SECTION 32
T
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B
M. JOB N0. 11672-03
CK~D BY: STAFF
SCALE: 1 "=20' ,
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