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On-Site Water Main Easement for Touchstone ADA COUNTY RECORDER Christopher D. Rich 2015-033348 BOISE IDAHO Pgs=5 NIKOLA OLSON 04/22/2015 02:00 PM MERIDIAN CITY NO FEE 111 11 11 11111 11111111 111 111 1 111 li 11 11111 III 1 1 11 111 00089524201500333480050054 WATER MAIN EASEMENT THIS INDENTURE, r� 1 l de this ?� day of �'10��tk1 , 20 I S between I N srANT _CQo l ry rl'oPfx-r 7 s� 1-IL 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 - e�1-t 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. GRANTO ;` 7€4€14 -- t^'N 4-0 aekoct.._ /V ra Secretary Via°14 STATE OF IDAHO ) *'� 4114 ss1► ! County of Ada ) I On this g --t" day of 20 ,before me,the undersigned,a Notary Public in and for said State,pers.K`` ) ! d CHTLAS iNcJ A/ A known or identified to me to be the MAkh..art'restrterit and , respectively, of the Y aorperatie1 that vicecuted the within instrument, and acknowledged to me that such corporation executed the same. ''.."711 > 4Ar1t y CoAAP4 Jy IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year fist above written. ty t NOTARY PUBLIC FOR IDAHO ©NQS La./ t Residing at: J -1 r Z g0 Commission Expires: A-aUi I 20 O City ofm• r• Water Main . ,!'.nt SI EASMT.WTR 1-29-09 1- 29-09.doc GRANTEE: CITY OF MERIDIAN C,,cm c.� _Octet. Cou- c.O PAM/Q Attest b deaycee L. Holman, City C 1erik Approved By City Council On: STATE OF IDAHO ) ) ss County of Ada ) v-- _ On this ._, day of i-'(0. 1-\ , 20 LS ,before me,the undersigned,a Notary Public in and for said State,personally appeared'FA and JAYCEE L.HOLMAN,known to me to be the Mayor and City Clerk,res e t vefy, of the ity 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. �' `7~' `I -!•e NOT!Y PI:LIC FO_ i 4 •. `4 t §H tri'' Residing at: p if, k 0.n 1� iCommission Expires: L o r u a`vt '1 a o • k (iia �g, � :,?) !:1 LIC • �•-tt' . • ++���� a/ v+....* City of meridian,Idaho Water Main Easement EASMT.WTR 1-29-09 1- 29-09.doc Legal Description Parcel S 1 107120620-City of Meridian Water Easement - Exhibit A An easement located in the NW % of the NE 1/4 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 89°28'26"W a distance of 2641.14 feet; Thence N 89°28'26 W along the northerly boundary of said NE 1/4 a distance of 1320.57 feet to an aluminum cap marking the northeast corner of said NW %4 of the NE 1; Thence S 0°30'33"W along the easterly boundary of said NW'/of the NE 1/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 0°05'06" and a long chord bearing N 89°42'47"W a distance of 85.00 feet to a 5/8 inch diameter iron pin and the POINT OF BEGINNING; Thence S 0°30'45" W along the westerly boundary of said Touchstone Place Subdivision a distance of 77.06 feet to a point; Thence leaving said westerly boundary S 88°54'21"W a distance of 6.24 feet to a point; Thence N 0°51'58"W a distance of 67.67 feet to a point; Thence N 82°25'10"W a distance of 16.61 feet to a point; Thence N 0°34'17" E a distance of 7.42 feet to a point on the southerly right of way of E. Fairview Avenue; Thence a distance of 24.34 feet along the arc of 57,245.80 foot radius non-tangent curve right, said curve having a central angle of 0°01'28" and a long chord bearing S 89°46'04" E a distance of 24.34 feet to the POINT OF BEGINNING; This parcel contains 691 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS NAS LA Np Land Solutions, PC \o 4147 January 5, 2015 55 • �P p LT 11118 OF e C044/ �Lr0NW_ NPS sziutions Touchstone Place Job No. 13-1$ Land Surveying and Consulting PARCEL Si 107120620 - CITY OF MERIDIAN WATER EASEMENT EXHIBIT B BASIS OF BEARING E 1/16 6 N 89'28'26" W E. FAIRVIEW AVENUE 2641.14' 6 5 1/410--1\11-- - — 1320.57' — — 1320.57' 7 8 POINT OF BEGINNING C2 . Cl I � JI; PARCEL NO. S1107120620 L 1139 E FAIRVIEW AVE L CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD BEARING Cl 85.00' 57245.80' 0'05'06' 85.00' N 89'42'47" W C2 24.34' 57245.80' 0'0178" 24.34' S 89'46'04" E • • in 40. 411 I� N O sI LINE TABLE UNE LENGTH BEARING L1 30.36' S 0'30'33" W U 77.06' S 0'30'45" W L3 6.24' S 88'54'21" W L4 67.67' N 0'51'58" W L5 18.61' N 82'25'10" W L6 7.42' ;;;,;;piipøpIøPøIIPPPPPP1Pø1* N n a 01.LA Ato 11118 2 - 1/4 el 'ar NC) °N WNP I Lan olutions 0 40 80 160 I Land Surveying and Consulting 231 E.5TH ST.,STE.A MERIDIAN,ID 83642 (208)288-2040 (208)288-2557 fax www.landsolutions.biz