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Water Main Easement for Three CornersSADA COUNTY RECORDER Christopher D. Rich 2015-043237 BOISE IDAHO Pgs=5 NIKOLA OLSON 05/20/2015 03:05 PM MERIDIAN CITY NO FEE 111111II111111I IIIIIIIIIII 111111 II1111111II III III 00100136201600432370050052 WATER MAIN EASEMENT iq THIS INDENTURE, made this 44-- day of . ,. , 201.5 between` the parties of the first part, and hereinafter calle GRANTORS, and the City of Meridi ,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 undertalcing 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. Address STATE OF IDAHO ) : ss. County of Ada ) On this /Lfh day of /A /Jy 20/6 before me, the undersigned, a Notary Public in and for said State, personally appeared �tL)Avi/3T,L)otoj and 1=i, Okul NCC( , 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 an, jimr.91st above written. "°�'$� ~ '''Pfd, •,; NOTARY PUBLIC FOR IDAHO �•— Residing at:[� pUBL1G Commission Expires: 3-/-.2v/:Z EASMT WAT 11-15-13.doc GRANTEE: CITY OF MERIDIAN (:f -cc n . CZE CO unci I -t ddi 6(i,ct,-, 1,a .a,,L .t. L. Holman, City Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) On this [Ok— day of U 0�j-, 20ll � , before me, the undersigned, a Notary Public in and for said State, personally appeared �� and Jaycee L. Holman, known to me to be the �1� td Crilry Jerk, respectiv'lI , o �iry of Meridian, Idaho, and who executed the wz ms e , and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. �; pT R$ p (SEAWt. $ S NOT AR PLIBLIC FO • Residing at: M, QAC a t o -n l t�j 0. Commission Expires: 1a rt •.'�PE -0- Water Main Easement EASMT WAT 11-15-13.doc Sawtooth Land Surveying, LLC P: (208) 398-8104 F: (208) 398-8105 2030 5. Wa5hmgton Ave., Emmett, ID 83G 17 EXHIBIT A May 4, 2015 Three Corners Subdivision No. 3 City of Meridian Water Easement A parcel of land located in the NW1/4 of the NW1/4 of Section 29, T. 4 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows; COMMENCING at a found brass cap marking the northwest corner of said Section 29; Thence South 89026'41" East, coincident with the north line of said NW1/4 of the NW1/4 of Section 29, a distance of 1002.58 feet; Thence South 0034'24" West, parallel with the east line of said NW1/4 of the NW1/4 of Section 29, a distance of 270.08 feet to the POINT OF BEGINNING; Thence South 89025'36" East, 118.50 feet to the beginning of a non -tangent curve; Thence 20.54 feet along the arc of said curve to the left, with a central angle of 23018'11 ", a radius of 50.50 feet, subtended by a chord bearing South 10045'45" East, 20.40 feet; Thence North 89025'36" West, 122.51 feet; Thence North 0034'24" East, parallel with said east line of the NW1/4 of the NW1/4 of Section 29, a distance of 20.00 feet to the POINT OF BEGINNING. The above described parcel contains 2396 square feet more or less. Together with and subject to covenants, easements and restriction of record. End Description P:\2015\15005 -ROCK SOLID -THREE CORNERS 30rawings\Descriptions\3 CORNERS 3 CITY OF MERIDIAN WATER EASEMENT.docx Page 11 EXHIBIT B 19 20 E. CHINDEN BLVD. S 89'26'41' E 1002.58' 30 29 co O 0 r N Fq N M O U) W 2R S 89'25'36" E cci o a 118.50' M O PR r� J o N N 89'25'36" W z 122.51' 30 W Z p' CURVE TABLE OCjAL. LA CURVE I ARC LENGTH 1 DELTA ANGLE 1 RADIUS I CHORD BEARING I CHORD LENGTH 4�yy�. \GENS Q C29 20,54 23'1011 50.50' S 10'45'45" E 2D.40' 9 zo OF1D P c�9L Povil NTS PROJECT.' OWNEWDEVELOPER; 2030 S. WASHINGTON AVE, DWG # THREE CORNERS SUB. 3 SWEET LAND DEV, EMMETT, 1D 83617 15005 EX CITY OF MERIDIAN P. (208)398-8104 PROJECT# WATER EASEMENT Awroorr/ F.-(208)398-8105 15005 SHEET DATE. 4116 3 WWW..SAWT'OOTHLS.COM 101`1