Fiber Optic Line Easement with Tumble Creek Homeowner's Association for Tumble Creek No. 4 SubdivisionADA COUNTY RECORDER Christopher D. Rich 2014-058445
BOISE IDAHO Pgs=5 BONNIE 071231201410:15 AM
MERIDIAN CITY NO FEE
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00003412201400584460060055
FIBER OPTIC LINE EASEMENT
THIS INDENTURE, made this JP day ofJv lu , 201A between Jumble Creek Homeowner's
Association, 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 Iawfully 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.
GRA TTOR:
T e C eek Ho owner's Association
STATE OF IDAHO
ss
County of Ada )
On this�day of �, 20, before me, the undersigned, a Notary
Public in and for said State, personally appeared a ZZ i
� I � � known
or identified to me to be the President, respectively, of the associ tion 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.
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City of Meridian, Idaho
Fiber Optic Line Easement
GRANTEE: CITY OF MERIDIAN
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Approved By City Council On: �') U W a,)-, wl A
STATE OF IDAHO, )
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County of Ada )
Onthis__2a_dayof �014 b forekne�thejTderNped allotaryPublic
in and fo ,Xd Stale pe sonally appeared Ta a and Jays® a xan, known tome
to be the May6"n tty 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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City of Meridian, Idaho
Fiber Optic Line Easement
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NOTARY PU LI FOR ID
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City of Meridian
Fiber Optic Conduit Project
EXHIBIT A
Permanent Easement Description
An easement for fiber optic utility purposes located in Government Lot 1 of Section 2, Township
3 North, Range 1 West, Boise Meridian, and being a part of Lots 8 and 24 of Block 5 of
TUMBLE CREEK NO. 4 SUBDIVISION as shown in Book 81 of Plats at Page 8722 and Lot 25
of Block 5 of TUMBLE CREEK NO. 5 SUBDIVISION as shown in Book 82 of Plats at Page
9026 in the office of the Recorder, Ada County, Idaho, more particularly described as follows:
Commencing at a brass cap monument marking the northeasterly corner of said Government
Lot 1, from which a 5/8 inch diameter iron pin marking the southeasterly comer of said
Government Lot 1 bears S 0'01'15" E a distance of 1366.22 feet;
Thence S 0'01'15" E along the easterly boundary of said Government Lot 1 a distance of 590.33
feet to a point;
Thence leaving said easterly boundary S 89°58'45" W a distance of 45.00 feet to the POINT OF
BEGINNING;
Thence N 33°25'39" W a distance of 471.78 feet to a point;
Thence N 36°18'21" W a distance of 194.95 feet to a point on the northerly boundary of said
Lot 8;
Thence S 89'14'59" E along said northerly boundary a distance of 12.53 feet to a point;
Thence leaving said northerly boundary S 36°18'21" E a distance of 187.65 feet to a point;
--Thence-S 33°25'39"-E- a distance -of 456:87 feetto a point on the easterly boundary of said -
Lot 25;
Thence S 0°01'15" E along said easterly boundary a distance of 18.16 feet to the POINT OF
BEGINNING.
This parcel contains 6,556 square feet (0.150 acres) and is subject to any other easements
existing or in use.
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated
May 12, 2014