Water Main Easement with Hot1, LLLP for Scentsy WarehouseADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 E
BOISE IDAHO 08!15/12 10:24 AM
DEPUTY Uick,- Bailey II I IIIIIII I II IIIIII I IIIlIIIIIII II I III
RECORDED-REQUEST OF
Meridian City 112~3~2~? i
WATER MAIN EASEMENT
THIS INDENTURE, made this ~ day of , 202 between ~~ , ~,~'D ,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 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, 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 andmaintenance. 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
effect and shall be completely relinquished.
Water Main Easement EASMT WTR
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 ofthe first part have hereunto subscribed their signatures
the day and year first herein above written.
GRANTOR:
M tuber
Z7D1 !i• ~/le ~d`~~ f~Ui•~EEn
Address
STATE OF IDAHO )
ss
County of Ada )
On this `J~- day of C.~ , 20~, before me, the undersigned, a Notary Public in
and for said State, personally appeared _ DY/+ //t TGw~,~.,~-Sayer.- ,known or identified to
me to be a member of the corporation that executed the within instrument, and acknowledged to me
that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist above written.
~t~~ ~ Residing at _
„~„~.~ ~ Commission
~~
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Water Main Easement EASMT WTR
GRANTEE: CITY OF MERIDIAN
Tammy de ~e~frd, Mayor
Attest byC~ycee L. Holman, City Cler
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City of
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IDAHO
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Approved By City Council On: (~ ~,,...
STATE OF IDAHO
County of Ada
ss
On this ~ day of , 20 ~ 2.. ,before me the undersi ned a Nota
g rY
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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EXHIBIT A
~•u•e ENGINEERS, iNC. LEGAL DESCRIPTION FOR A CITY OF MERIDIAN
WATER LINE EASEMENT
IN PARCEL 2 IN RECORD OF SURVEY NO. 6640,
RECORDED SEPTEMBER 28, 2004, AS INSTRUMENT N0. 104124309
LOCATED IN THE SE'/a OF SECTION 8, T.3N, R.1 E, B.M.,
MERIDIAN, ADA COUNTY IDAHO
A portion of Land situated in the Southeast'/~ of Section 8, Township 3 North, Range 1 East, Boise
Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at the Southeast corner of said Section 8 from which the East Quarter corner of said
Section 8 bears North 01°29'03" East, 2,650.24 feet;
thence North 01°29'03" East along the Easterly boundary of said Section 8, 1,298.35 feet;
thence North 88°28'27" West, 70.00 feet to the intersection of the Westerly right-of•way of Eagle Road,
and the Northerly right-of-way of the Union Pacific Railroad;
thence North 88°28'27" West along said Railroad right-of-way 1,303.29 feet to the Southeast corner of
that certain parcel of land described as the first parcel in Warranty Deed Instrument No. 8226773, Records of Ada
County;
thence along the Easterly boundary of said first parcel North 00°32'01" East, 81.68 feet to the POINT OF
BEGINNING;
thence North 89"30'25" East, 20.91 feet;
thence North 45°30'59" East, 25.$9 feet;
thence North 01"31'33" East, 275.70 feet;
thence South 88°28'27" East, 14.11 feet;
thence North 01 ° 31'33" East, 20.00 feet;
thence North 88"28'27" West, 14.11 feet;
thence North 01°31'33" East, 53.35 feet;
thence North 88°28'27" West, 20.00 feet;
thence South 01°31'33" West, 340.98 feet;
thence South 45"30'59" West, 9.73 feet;
thence South 89°29'32" West, 12.48 feet;
thence South DO° 32'01 "West, 20.00 feet to the POINT OF BEG INNING.
The above-described easement contains 7,872.57 square feet, more or less, and is subject to any
easements, restrictions and covenants which a search of the public record would disclose.
The description is based on record information shown in an ALTA / ACSM Land Title Survey for Orville
Thompson dated April 9, 2010.
END OF DESCRIPTION \O~p,1. LaNQ S
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R. Thomas Ruby, P.L.S. a- '~ Q7$~ ~
EXHIBIT A SKETCH SHOWING THE CONFIGURATION OF A CITY OF
MERIDIAN WATER LINE EASEMENT IN PARCEL 2 IN RECORD OF SURVEY
NO. 6640, RECORDED SEPTEMBER 28, 2004, AS INSTRUMENT NO.
104124309 LOCATED IN THE SE ya OF SECTION 8, T3N, R1 E, B.M.,
MERIDIAN IDAHO
THIS SKETCH IS BASED IN
PART UPON INFORMATION ~ I H i ! a
SHOWN IN THE ALTA/ALSM `~ i w, --~
LAND TITLE SURVEY FOR ~
ORVILLE THOMPSON DATED I~ I I +
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.APRIL 9, 2010 ~ I
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20.00'
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BEGINNING
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FRANKLIN ROAD 17 16 CP & F INSTRUMENT
NO 105025503