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Off-Site Water Main Easement for Touchstone PlaceGJ ADA COUNTY RECORDER Christopher D. Rich 2015-019765 BOISE IDAHO Pgs=5 BONNIE 031121201504:05 PM MERIDIAN CITY NO FEE I1IIIVI II III 1111IIIIII1111111 1 IIIIIIIIII VIII III 00074711201500197550050052 WATER MAIN EASEMENT THIS INDENTURE, made this day of KJ o Y-CA1 20)E between .r-1LbN NOywiAw IZM f4vkirg, 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 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 operation and maintenance of a water main at the convenience of the Grantee 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 main and its allied facilities, together with maintenance, repair, replacement and subsequent connection thereto of water mains 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 other maintenance or making subsequent connection to the water main, 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. City of meridian, Idaho Water Main Easement- on-S,+C EASMT.WTR 1-29-09 1- 29-09.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. CM N :. S ss County of Ada ) Thyr On this I� U day of 2 I before me, the undersigned, a Notary Public in and for said State perso ally p red and known or identified to me to be the President and Secretary, 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 and year fist above writtela."pAl ALD ...... ANF askA �T.=Y AR P CFO E _ Residing at:cA/ l �p Commission xpires: Vo City of meridian, fdey'VE OF W,-.•', Water Main Easement'"""""s%% EASMT.WTR 1-29-09 1- 29-09.doc GRANTEE: CITY OF MERIDIAN C'ty rG , CP'sl W i Attest Waycee L. Holman, City Clerk` ' , Approved By City Council On:�l� STATE OF IDAHO ss County of Ada ) Al g On this J day of Parr,_ , 20��, before me, the undersigned, a Notary Public in and for said State, personally appearedand JAYCEEL. HOLMAN, known to WAkX c v me to be the Mayor and City Clerk, respee y, o Wre 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. J •. • ,?9I --- O. NOTAY Pl ;'• ®T Residing at:. Commission e , City of meridian, Idaho Water Main Easement EASMT.WTR 1-29-09 1- 29-09.doc Legal Description Touchstone Place - City of Meridian Water Easement — Exhibit A An easement located in the NW %4 of the NE % of Section 7, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass 'Cap monument marking the northeast corner of said Section 7, from which a Brass Cap monument marking the northwest corner of the NE '/4 of said Section 7 bears N 89028'26" W a distance of 2641.14 feet; Thence N 89°28'26 rW along the northerly boundary of said NE % a distance of 1320.57 feet to an aluminum cap marking the northeast corner of said NW % of the NE'/; Thence S 0030'33" W along the easterly boundary of said NW % of the NE Y, a distance of 30.36 feet to a 5/8 inch diameter iron pin on the northerly boundary of Touchstone Place Subdivision as shown in Book 107 of Plats on Page 14842, records of Ada County, Idaho; Thence along said northerly boundary a distance of 85.00 feet along the arc of a 57,245.80 foot radius non -tangent curve left, said curve having a central angle of 0005'06" and <a long chord bearing N 89°42'47" W a distance of 85.00 feet to a 5/8 inch diameter iron pin; Thence S 0030'45" W along the westerly boundary of said Touchstone Place Subdivision a distance of 29.28 feet to the POINT OF BEGINNING; Thence leaving said westerly boundary S 89028'23" E a distance of 12.61 feet to a point; Thence S 0051'58" E a distance of 47.40 feet to a point; Thence S 88054'21" W a distance of 13.76 feet to a point on the westerly boundary of said Touchstone Place Subdivision; Thence N 0030'45" E along said westerly boundary a distance of 47.78 feet to the POINT OF BEGINNING; This parcel contains 627 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, _PLS Land Solutions, PC Revised: January 5, 2015 L�A1 ioIutj®)ns Touchstone Place pend SUraq ng and conrwdng Job No. 13-16 CITY OF MERIDIAN - WATER EASEMENT EXHIBIT B 8 BASIS OF BEARING E 1/18 N 89'28'28' W E. FAIRVIEW AVENUE 6,L5 1/4 — _ — _ 2641.14' 7 1320.57' 1320.57' �. 7 8 POINT OF BEGINNING CURVE TABLE CURVE LENGTH RADIUS 1 DELTA 1CHOREI BEARING C1 85.00' 57245.80' 0'05'06' 1 85.00' N 89'42'47' W LINE TABLE LINE I LENGTH I BEARING L7 I 30.38' S 030'33" -I a vim®■ in olutions Land Surveying and Consulting Z31 E. 5TH ST., STE. A MERIDIAN, ID 83642 (2081280-2040 (2001208-2557 fax w .Iands lvtions.biz