Water Main Easement with DBSI Meridian I84, LLC for Kennedy CommercialAQA COUNTY RECORQER J. QAVID NAVARRO AMOUNT .00 !
BOISE IQAHQ 08/19/09 01:33 PM
RECD QEQ ~ REQUEST of II I i I II II I II I II I II IIII I II II IIIII I I III
Meridian City 16~'~13'~71 ~7
WATER MAIN EASEMENT
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THIS INDENTURE, made this + ~ day of 14c~ , 20~between DBSI Meridian I84 LLC an Idaho
Limited Liability Company, 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";
WITNESSETH:
WHEREAS, the 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, service and subsequently connect to said pipeline from
time to time by the Grantee;
NOW, THEREFORE, in consideration ofthe benefits to be received by the Grantors, and other good
and valuable consideration, the Grantors do hereby give, grant and convey unto the Granteetheright-
of-way for an easement for the construction, operation, maintenance, repair, replacement of a water
main over and across the following described property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is for the purpose of construction and operation of a water line and their
allied facilities, together with their maintenance, additional connection thereto, 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, it's successors
and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after
construction, making repairs, performing other maintenance or making subsequent connection to the
water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to
undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for
repairing, replacing or restoring anything placed within the area described in this easement that was
placed there in violation of this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any
permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this
easement, which would interfere with the use of said easement, for the purposes stated herein.
THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-
way and easement hereby granted shall become part of, or lie within the boundaries of any public
street, then, to such extent, such right-of--way and easement hereby granted which lies within such
boundary thereof or which is a part thereof, shall cease and become null and void and of no further
Water Main Easement PBA Waterline
Easement to Parcel A
effect and shall be completely relinquished.
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 herein above written.
GRANTOR:
DBSI Meridian I84 LLC
an Idaho limited liability company
By: DBSI 2006 Land Opportunity Fund LLC
an Idaho limited liability company
Its: Member
By: DBSI Land Development LLC
an Idaho limited liabi ' company
Its: Manager
By:
Dou .Swenson, Manager
STATE OF IDAHO )
ss.
County of Ada )
On this ~ day of_ ~ 2009, before me, the undersigned, a Notary Public in and for said
State, personally appeared Dougla L. Swenson, known or identified to me to be the Manager of DBSI Land
Development LLC, which limited liability company is known or identified to me to be the Manager of DBSI
2006 Land Opportunity Fund LLC, which limited liability company is known or identified to me to be the
Member of DBSI Meridian I84 LLC, and acknowledged to me that he executed the same on behalf of said
limited liability company and that said limited liability company 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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Water Main Easement PBA Waterline
Easement to Parcel A
GRANTEE: CITY OF MERIDIAN
Tammy de We ayor C~'~~G~~PO~rFO ti
REAL
Attest b Jaycee L. Holman, City Clerk '; 9p ~T ts~ .'`~ ~~ ,:+
Approved By City Council On: '/~~~'' ' `O`~~~~``
STATE OF IDAHO )
ss
County of Ada )
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On this ~~ day of t-U ~ , 20 ~ ,before me, the undersigned, a Notary
Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE L.
HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian,
Idaho, and who executed the within instrument, and acknowledged to me that the City of
Meridian 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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i ; ' ~ ~ O T9 ~'~'~+~ : OTARY PUBLIC FOR IDAHO
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Commission Expires: ~ 6-~ I' ~ 1
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Water Main Easement PBA Waterline
Easement to Parcel A
T-O ENGINEERS
Project No: 09043
Date: August 6, 2009
Page: 1 of 1
EXHIBIT "A"
Water Easement Description
Lots 9 & 10, Block 1, Kennedy Commercial Subdivision
A 20-foot wide strip of land being a portion of Lots 9 and 10, Block 1, of KENNEDY
COMMERCIAL SUBDIVISION, filed in Book 101 of Plats, at Pages 13409-13412,
Records of Ada County, Idaho, situated in the SE t/4 of the SW %4 of Section 13,
Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho,
described as follows:
COMMENCING at the Northeast corner of Lot 10, Block 1 of said subdivision; thence,
along the easterly line of said Lot 10,
A) 5.00°26'33"W., 252.19 feet to the POINT OF BEGINNING; thence, leaving
said easterly line,
1) 5.89°28' 10"E., 10.00 feet; thence, parallel with the easterly line of said Lot
10,
2) 5.00°26'33"W., 339.37 feet; thence, parallel with the southerly line of Lots 9
and 10, Block 1 of said subdivision,
3) N.89°07'53"W., 20.00 feet; thence, parallel with easterly line of said Lot 10,
4} N.00°26'33"E., 339.26 feet; thence,
5) 5.89°28' 10"E., 10.00 feet to the POINT OF BEGINNING.
Said strip of land CONTAINS: 6,786 square feet (0.156 acres)
SUBJECT TO: All Covenants, Rights, Rights-of--Way, Easements of Record and any
Encumbrances.
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EXHIBIT "B"-1PATER EASEMENT SKETCH
A PORTION OF LOT 9 & 10, BLOCK 1 OF KENNEDY COMMERCIAL SUBDIVISION
LOCATED IN THE
SE Ya OF THE SW Ya OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, B.M.
CITY OF MERIDIAN, ADA COUNTY, IDAHO
11
r POINT OF~
I EXISTING COMMENCEMENT
25.00' PUBLIC UTILITIES NE COR. LOT 10,
I IRRIGATION AND
I I LANDSCAPE BUFFER BLK. 1
LINE TABLE
LINE BEARING DISTANCE
L1 S89'28'10"E 10.00'
L2 N89'07'S3"W 20.00'
L3 S89'28'10"E 10.00'
20.00'
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PROPOSED-PARCEL "A"
I PROPOSED-PARCEL "B"
I EXISTING 10' PRESSURE 1 ~
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