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Water Main Easement for Paramount SquareADA COUNTY RECORDER Christopher D. Rich 2016.005059 BOISE IDAHO Pgs=5 LISA BATT 01/20/2016 01:29 PM MERIDIAN CITY NO FEE 1111111111111111111111111111111111111111111111111 00185890201600050590050052 WATER MAIN EASEMENT 161`t'snt,�p.�, ao�(Cl THIS INDENTURE, made this day of , 21� between lHVY1 I/C,ifd W. the parties of the first part, and hereinafter called the GRANTORS, and de City of Mer dian, 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: Avk]P�� V1 E$ -Pre ' de Se 12601 W, FFX0lmty DV #!rZ�, (3olit Address STATE OF IDAHO ) : ss. County of Ada ) On this A11,111 day of kpiY�l/ aaX , 20 I , before me, the undersigned, a Notary Public in and for said State, personally appeared fff& known or identified to me to be they resident attd- S.ecwAaLV,-+@s} ee4ve4-y, 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 andaffixed my official seal the day and vear first above written. I A I TI AMANDA MCCURRY (TLgRY PUBLIC STATE OF IDAHO Residing at: Commission Expires: IN Water Main Easement EASMT WAT 11-15-13.doc GRANTEE: CITY OF MERIDIAN Tammy Attest by IWycee L. Holman, City Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) c city oc E IBIAN*- AMO r SEAL w ���9r7he TRE1S���,P~ On this day of A , 20`x, before me, the undersigned, a Notary Public in and for said State, personall4ppeared 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. t1 QJ�r• NOT RY PUBLI OR IDAHO Residing at: Q'e'6\ (5kn� I — • Commission Expires: rn�-I ,' �B1.IG • o: Water Main Easement EASMT WAT 11-15-13.doe TEALEY'S LAND 12594 W. Explorer Drive, Suite 150 - Boise, Idaho 83713 SURVEYING (208) 385-0636 a] Fax (208) 385-0696 Project. No.: 3819 Date: December 3, 2015 Revised: January 7, 2016 DESCRIPTION FOR CITY OF MERIDIAN WATER EASEMENT — PARAMOUNT SQUARE SUBDIVISION A City of Meridian water easement lying in the SE % of Section 25, TAN., RAW., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a brass cap marking the Southeast corner of said Section 25; thence along the South boundary of said Section 25, which is also the centerline of West McMillan Road North 89027'26" West 251.13 feet to a point; thence leaving said South boundary at right angles North 00032'34" East 27.75 feet to a point on the North right-of-way line of said West McMillan Road, said point marking the POINT OF BEGINNING; thence along said right-of-way line North 89°27'26" West 69.00 feet to a point; thence leaving said North right-of- way line at right angles North 00°32'34" East 28.50 feet to a point; thence along a line Northerly of and parallel with said North right-of-way line of West McMillan Road South 89027'26" East 69.00 feet to a point; thence at right angles South 00032'34" West 28.50 feet to the POINT OF BEGINNING, Easement contains 1,957 square feet, more or less. 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