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Water Main Easement for Caven RidgeADA COUNTY RECORDER Christopher D. Rich BOISE IDAHO Pgs=5 DAWN TRIVOLIS 201 83 MERIDIAN CITY 01/27/20166 1 11:29 1:29 AM II'111,11II1 NO FEEI"'I' 00188024201600070830050063 WATER MAIN EASEMENT Ak A - —k%N K6Crnb� ✓ THIS INDENTURE, made this day of k , 2015 between New Cavanaugh. LLC , the parry 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 Grantor desires to provide a water main right of way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is an underground pipeline to be constructed through the property; and WHEREAS, it is necessary to maintain, service, and subsequently connect to said pipelines 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, maintenance, repair, and replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of operation of a water line and its allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the conven- ience of the Grantee, with the flee right of access to such facilities at any and all times. TO HAVE AND TO HOLD the said easement and right-of-way unto 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 waterline, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such 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. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any perma- nent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with use of said easement, for the purposes stated herein. Water and Sewer Main Easement Page I EASMTWTR T IE 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 no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully sized and possessed of the aforementioned and described tract of lane, and 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 party of the first part has hereunto subscribed their signature the day and year first herein above written. GRANTOR: New Cavanaugh LLC D. Wan Minert, Managing Member STATE OF IDAHO) County of Ada ) ltsr On this day of , 2015, before me, the undersigned, a Notary Public in and for said State, personally appeared D. Ryan Minert ,known or identified to me to be a Managing Member of the Limited Liability Company that executed the within instr anent, and acknowledged to me that such Limited Liability Company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written.0880060® ® St. r NOTARY PUBLIC FOR IDAHO %0"jb Residing at LIC �. My commission expires: GRANTEE: CITY OF MERIDIAN Mayor Attest by(Uycee L. Holman, City Clerk Approved By City Council On: �r STATE OF IDAHO, ) sir �cen Au�;u �y r City of ....�. ".,! IDAHO SFS. : ss County of Ada ) On this #-kK day of �0(�C'�rtc , 20 �, 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. L NOTARY PI Residing at: Commission •: EXHIBIT A Description of Water Line Easement Caven Ridge Estates Subdivision No. 1 New Cavanaugh LLC August 28, 2015 An easement for a water line located in the SEl/4 NW'/4 of Section 30, T.3 N., R,1 E., B.M., City of Meridian, Ada County, Idaho described as follows: Commencing at the Center 1/4 corner of said Section 30; thence, N.00°07'13"E., 405.82 feet along the east line of said SE'/4 NW'/4 to the POINT OF BEGINNING; thence, S.89°52'47"W., 262.20 feet to a point of curvature; thence, Northwesterly, along a curve to the right having a radius of 503.00 feet, an arc length of 568.16 feet, a central angle of 64°43'06", a chord bearing of N.57°45'40"W., and a chord distance of 538.44 feet to a point of tangency; thence, N.25 -24107"W.1, 162.34 feet to the southeast corner of Lot 16, Block 4 of Caven Ridge Estates Subdivision; thence, N.64°35'53"E., 56.00 feet across Usonian Way to the southwest corner of Lot 4, Block 3 of said subdivision; thence, S.25°24'07"E., 162.34 feet to a point of curvature; thence, Southeasterly, along a curve to the left having a radius of 447.00 feet, an are length of 504.91 feet, a central angle of 64°43'06", a chord bearing of S.57°45'40"E., and a chord distance of 478.49 feet to a point of tangency; thence, N.89052'47"E., 262.20 feet to a point in the east line of said SE'/4 NW'/4; thence, S.00°07'13"E., 56.00 feet along said east line to the POINT OF BEGINNING, said easement containing 53,820 square feet or 1.236 acres, more or less. Prepared by: Leavitt & Associates, Engineers, Inc. John S. Austin, Idaho PLS 5081 w 0 0 3: 0 pr) P 'V"-- OZ 206.86' z E X H I B I T B REFLECTION RIDGE SUBDIVISION NO.3 S00'07'13"E 1321.92' 653.24' '56.00'`405.82 'o 0 \v) U) LocV .4- (7) -D 't * < V) ad od z Ld Z 0 b Qin to Z) LJ .4 :4, m r , r, 0D, 00 tQ z X z10 U) U) LLJ < Coto 00 il) JJ LL, Ir C) Q :3 to co — V) 0 0 :3 < Ir in It 3: 0 00 It cj Z (00 L,LJ in -j 7§� Y 0 0 OD ,3 Go 0 X i. Z 0 r� to 0 U) W W 17 vi 00 U) w Z 0