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Water Main Easement with Cottonwood Development for Bridgetower EstatesADA COUNTY RECORDER Christopher D. Rich 2014-092381 BOISE IDAHO Pgs=5 BONNIE 11/13/201411:49 AM MERIDIAN CITY NO FEE 111111111III IIIIIIIIIIIIII11111111111111111111111 00039788201400923810060060 WATER MAIN EASEMENT THIS INDENTURE, made this JJ_ day of-&,I,he 4 20 z C��n1 between y the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridi an, 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 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, repair, replacement and subsequent connection 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, performing maintenance, replacements or subsequent connections to the water mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. 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. Water Main Easement EASMT WAT 11-15-13.doc 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. 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: Amnatfe✓ Secretary Address STATE OF IDAHO ) : ss. County of Ada ) On this 51 day of Ut.�y 320 l` before me, the undersigned, a Notary Public in and for said State, personally appeared i 1111(o Alt L014vl+'1 and AAogv, known or identified to me to be the .+esideTrtand - Soonfarr, respectively, 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 s5*r1su and yep a )p itten. ',��o���NN•.���:0+ (S1Wt�i� TARP PU LIC FOR IDAHO siding at: Base. IOA40 AUg LZC, O Commission Expires: Water Main Ea NttZ OF - �'Q EASMT WAT l 1-15-13.doc 11246666% � GRANTEE: CITY OF MERIDIAN Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) s"t%L:s rl Iy O� q city of E IDIAN , IDAHO SEAL yo 01;101 On this I d of ikk V -e- W1 , 20 14, 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. .8264. (sEAI�•''0,ELL ••. G----- . 07. •� I I • 9; LIC �••.OF IDA�� .• •4488■• NOTARY PUB FOR IDAHO Residing at: 6 !� Commission Expires: Water Main Easement EASMT WAT 11-15-13.doc TEALEY'S LAND 12594 W. Explorer Drive, Suite 150 • Boise, 'Idaho ==83713 SURVEYING (208) 385-0636 Fax (208) 385-0696 Project. No: 3751 Date: November 7, 2014 EXHIBIT «A» A 20 -foot wide City of Meridian water easement lying in the SE % of Section 27, TAN., R.1W., B.M., Ada County, Idaho and more particularly described as follows: Commencing at an iron pin marking the Southeast comer of said Section 27, which bears South 8805629" East 2654.64 feet from the South % corner of said Section 27; thence North 74031'58" West 2322.83 feet to a point marking the POINT OF BEGINNING; thence North 01 002'41 East 260.00. feet to a point; thence at right angles North 88657'19" West 20.00 feet to a point; thence at right angles South 01 °02'41" West 260.00 feet to a point; thence at right angles South 88057'19" East 20.00 feet to the POINT OF BEGINNING. 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