Fiber Optic Line Easement with Leonard Huskey Estate for Ten Mile Road and UstickADA COUNTY RECORDER Christopher D. Rich 2014-058444
BOISE IDAHO Pgs=6 BONNIE 071231201410:15 AM
NO FEE
MERIDIAN CITY
II'111111111111IIIIII1111111111111111111
00003411201400684440060066
FIBER OPTIC LINE EASEMENT
THIS INDENTURE, made this J -P day of Jul , 20 IA between Leonard Huskey Estate
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 fiber optic line easement right-of-way across
the premises and property hereinafter particularly bounded and described; and
WHEREAS, the fiber optic line is to be provided for through underground conduit and
cables to be constructed by others; and
WHEREAS, it will be necessary to maintain, service and subsequently connect to said
conduit and cables 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 fiber
optic line at the convenience of the Grantee over and across the following described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of construction and operation of a fiber optic
line and its allied facilities, together with maintenance, repair, replacement and subsequent
connection thereto of fiber optic line 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 making repairs or performing other maintenance, Grantee shall restore the area of
the easement and adjacent property to that existent prior to undertaking such 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
City of Meridian, Idaho
Fiber Optic Line Easement
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.
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.
GRANT R:
!�J
Le and Huskey Es(ate
STATE OF IDAHO )
) ss
County of Ada )
On this alff day of ?ot,n e, , 20 AV, before me, the undersigned, allotary
Public in and for said State, personally appeared Lot AUAle./e's . known
or identified to me to be the Trustee, respectively, of the Estate that executed the within
instrument, and acknowledged to me that such Estate executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fist above written.
City of Meridian, Idaho
Fiber Optic Line Easement
NO�UBLIC FOR IDAHO
Residing at: 04 Ov► �e
Commission Expires: 3/
GRANTEE: CITY OF MERIDIAN
<!:!--C G (1
Tanen(y do—Weerd,44ayar
.� j~oyNT(L.c.�. i3OVhGt
City Clerk
TCD a LQ&,
lj
City of
SEAT W
V
A y
Jsp Bye
e��de 10.E R0.�0.
Approved By City Council On: \1 U1 01Da —'\ 4
STATE OF IDAHO, )
: ss.
County of Ada )
On this�day of ,�u 1 014 b,6�,{fore ane the er i d, a Notary Public
"{ � Kiev �reC'. ur�4S
in and or sail State ersonally appeared: de "�1�� cand known to me
�� Et resE L
to be eager andelity 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.
(SEAL)
•ms's IDAHO •'
City of Meridian, Idaho
Fiber Optic Line Easement
NOTARY Pi�B C FOR
'
Residing at: (�
Commission Expires: Fj —c3—�
City of Meridian
Fiber Optic Conduit Project
EXHIBIT A
Permanent Easement Description
An easement for fiber optic utility purposes located in the SW 1/ of the SW %4 of Section 35,
Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly
described as follows:
Commencing at a brass cap monument marking the southwesterly corner of said SW '/4 of the
SW '/4, from which a brass cap monument marking the northwesterly corner of the SW '/4 of said
Section 35 bears N 0°53'05" E a distance of 2643.63 feet;
Thence N 0°53'05" E along the westerly boundary of said SW '/4 of the SW '/4 a distance of
1186.41 feet to the POINT OF BEGINNING;
Thence continuing N 0°53'05" E a distance of 12.67 feet to a point;
Thence leaving said westerly boundary S 51°14'31" E a distance of 69.25 feet to a point;
Thence S 58°28'23" E a distance of 285.17 feet to a point;
Thence S 62°50'28" E a distance of 154.82 feet to a point;
Thence S 80'21'59" E a distance of 410.68 feet to a point;
Thence S 35°21'59" E a distance of 44.98 feet to a point;
Thence S 80°33'33" E a distance of 283.02 feet to a point;
Thence N 88°46'17" E a distance of 167.54 feet to a point on the easterly boundary of said
SW'/4ofthe SW 1/4;
Thence S 0039'50" W along said easterly boundary a distance of 10.00 feet to a point;
Thence leaving said easterly boundary S 88'46'17" W a distance of 168.14 feet to a point;
Thence N 80°33'33" W a distance of 288.11 feet to a point;
Thence N 35°21'59" W a distance of 45.00 feet to a point;
Thence N 80'21'59" W a distance of 408.08 feet to a point;
Thence N 62°50'28" W a distance of 156.74 feet to a point;
Fiber Optic Easement
Page 2
Thence N 58°28'23" W a distance of 286.18 feet to a point;
Thence N 51°14'31" W a distance of 62.10 feet to the POINT OF BEGINNING.
This parcel contains 14,149 square feet (0.325 acres) and is subject to any other easements
existing or in use.
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated
April 22, 2014
!
}
— �
\
~
~
« \§
/
(� )§to \
,
0�
w
\~
( hk
w)k
^ ^
,
\j
±
!,
e
Q§
/\
j
/
. /)
\
\
.
% m
2
a
ae� . ,.+tee*
rw
\
,ate z ,,+moo,
( ,
a
oa371wN-71
.
\~
�