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Water Main Easement for Bienville Square Sub No 3num wury i r KtU JHutK Christopher D. Rich 2015-041022 BOISE IDAHO Pgs=5 LISA BATT 05/14/201510:03 AM MERIDIAN CITY NO FEE 1111111 IN IIIIIII111111 IIIIIIII111111II I III III 00087766201600410220060067 WATER MAIN EASE' MEIN I 1a �-aJi THIS INDENTURE, made this 4 day of�L , 20� between ���I A AU y" r, JLQhe 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 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. 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. Water Main Easement EASMT WAT 11-15-13.doc 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. G: M3 JN PSTMENTS, LLC Cory , raging Member of Alliance Management Consultants, Managing Member of M3 Investments LLC moo Q� Secretary Qs Address STATE OF IDAHO ) : ss. County of Ada ) On this day of AVLAS 20 , be ore me, the undersigned, a Notary Public in and for said State, personally appeared t and Ci t Vt a A & LLE__b l , known or identified to me to be the Managing Member of Alliance Management Consultants, LLC Managing Member of M3 Investments LLC and Secretary of Alliance Management Consultants, LLC, 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 aff, ed my official seal the day and year first above written. SEAL,K�l!1N N''r OTARY PUBLIC FOR IDAHO Residing at: //D Commission Expires: ? s•�l Q? Water Main Easement EASMT WAT 11-15-13.doe GRANTEE: CITY OF MERIDIAN Tammy de e d, MayoY �yORATEp9LCGST �Age'—'"Q A . � . n il...L h' of � Holman, City Approved By City Council On: D -xa.' STATE OF IDAHO, ) : ss County of Ada ) On this 1--� day of Uad , 20 1 <— , 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. (SEAJ)..•• •51CA rTob• 'p • II • • 1 • NMARI PUBpLII Residing at: Me h Commission Expires: IDAHO k. r\ l Water Main Easement EASMT WAT 11-15-13.doe EXHIBIT "A" DESCRIPTION FOR MERIDIAN CITY WATER EASEMENT PROPOSED BIENVILLE SQUARE SUBDIVISION NO.3 04/06/15 AN EASEMENT LOCATED IN LOTS 31 AND 32, BLOCK 1 OF BIENVILLE SQUARE SUBDIVISION NO.2, AS RECORDED IN THE ADA COUNTY RECORDERS OFFICE, IN THE HE 114 OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, TOWNSHIP 3 NORTH, RANGE i EAST, BOISE MERIDIAN, THENCE S 46"49'01" W, 866.41 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 18°35'00" W 80.77 FEET TO A POINT THENCE S 04°30'02" W 439,69 FEET TO A POINT; THENCE S 02"3T15" E 99.10 FEET TO A POINT; THENCE S 48"40'14" E 31.37 FEET TO A POINT; THENCE S 02°08'31" E 136.57 FEET TO A POINT; THENCE S 77"28'46" W 20.33 FEET TO A POINT; THENCE N 02"08'31" W 131.61 FEET TO A POINT; THENCE N 48°46'14" W 31.27 FEET TO A POINT; THENCE N 02'37'16" W 108.87 FEET TO A POINT; THENCE N 04°30'02" E 443.40 FEET TO A POINT; TIIENCE N 18°35'00" E 83.24 FEET TO A POINT; THENCE S 71"25'00" E 20.60 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, CONTAINING 15,859 SQ.FT.. MORE OR LESS.. Water Main Easement EASMT WAT 11-15-13.doe EXHIBIT B /CARO (q £ L�232133� \ \ E. USiICK ROAD _p�_ 5'T 4 .� (PRIVATE) 84 64 I o ' 88Noo Fn 65 .o 86 m m ao 67� I �91= 68 67 66 z 88 m 5 [ 89 m 10=100, 5 4 63 A 90 �I{{ I I' o I1 m 91 69 70- < LINE TABLE r UNE BEARING DISTANCE M 92 7 > �^ L7 S 18,35,00" W 80.77 z z L2 S 04'30'02" W 439.69' 93 r j L3 S 02'37'15' IF 99.10' m 72 z�m L4 S 46'46'14" E 31.37' 94 84 73 ml u, L5 S 02'08'31" E 136.57' A M 95 z O L6 S 77'28'46" W 20.33' 77 N 02'0831" W 131.61 tmn 96 74—J N L8 N 48'46'14' W 31.27' c BL CK 1 75 o L9 N 0237'15' W 108.87' ED 4 �� 97 �z L10 N 04'30'02" E 443.40' L11 N 18'35'00 E 83.24' z i ' 98 78 L12 S 71' 5'00" E 20.00' 77� 6 0 99 N '00 78 101 79--I - LANA ! 102 81 I I 6 F6 9 B 103 81 � .0 104 82 W 83 T�T� 00 �4� �pRNP'fEi� 63 311-05-1-0-0-0-00-00 Water Main Easement EASMT WAT 11-15-13.doc