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Water Main Easement with West Ada School District for Mary McPherson SchoolADA COUNTY RECORDER Christopher D. Rich 2016-015014 BOISE IDAHO Pgs=5 DAWN TRIVOLIS 02/24/2016 10:20 AM MERIDIAN CITY NO FEE 1111111111111111111111111111111111111111111111111111111111 00196462201600160140050060 WATER MAIN EASEMENT Q'�) THIS INDENTURE, made this day of F&, , 20JI0 between West Ada School District , 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 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 propertyto 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: Aim L L A Dr. Mary AmUkanellsi, Superintendent STATE OF IDAHO ) . ss. County of Ada ) On this 104k day of F&Yu , 2016, before me, the undersigned, a Notary Public in and for said State, personal y appeared Dr. Mary Ann Ranells, known or identified to me to be the Superintendent of West Ada School District, and who executed the within instrument, and acknowledged to me that West Ada School District executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,ISISI At� It•,4. A. Ar V1700, ® PUB0 ,tttdltitttl��° NOTARY PUBLIC FOR IDAHO Residing at: nib du . Commission Expires: 3•;Z7- a 1 Water Main Easement EASMT WAT 11-15-13.doc GRANTEE: CITY OF MERIDIAN Tammy de,Weyfd, Mayor {,- \ , v - r Attest b ycee L. Holman, City Clerk Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) '' ry0 C iI Of ' i i5 77 4 s�fL i 11�. r P[ A 11 0 �iF/ " y On this Q� day of _ , 20 ( S,, , 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. ••some&*• • (SEO0 Tq 7-7 .O�!: m ��• •®tees°• Water Main Easement EASMT WAT 11-15-13.doc EXHIBIT A UTILITY EASMENT FOR THE CITY OF MERIDIAN, IDAHO WEST ADA SCHOOL DISTRICT MARY MCPHERSON ELEMENTARY SCHOOL PARCEL An easement located in the SE % of Section 30, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southeasterly corner of said SE %, from which a brass cap monument marking the southwesterly corner of said SE % bears S 89°49'20" W a distance of 2639.87 feet; Thence S 89°49'20" W along the southerly boundary of said SE % a distance of 1543.71 feet to a point; Thence leaving said southerly boundary N 143'59" W a distance of 25.01 feet to the POINT OF BEGINNING; Thence continuing N 1°43'59" W a distance of 42.00 feet to a point; Thence S 89°49'20" W a distance of 27.81 feet to a point; Thence S 0°10'40" E a distance of 41.98 feet to a point; Thence N 89°49'20" E a distance of 28.95 feet to the POINT OF BEGINNING. This parcel contains 1,192 square feet (0.03 acres) and is subject to any other easements, existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated November 16, 2015 WE rArffA7JlW%i SKETCH TO ACCOMPANY UTI�ITY EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN LOCATED IN THE SE 114 OF SECTION JO, TOWNSHIP J NORTH, RANGE I EST, BOISE MERIDIAN, ADA COUNTY, IDAHO WEST ADA SCHOOL D|3T8|CT MARY MCPHERSON ELEMENTARY SCHOOL CIVIL SURVEY CJNSUL7-ANTS.INC. S, 2803SOUTH MERIDIAN ROAD MERIDIAN, IDAHO 83042 �'-- (208)888-4312 � " EASEMENT -1 PRESCRIPTIVE RIGHI-OF-WAY .95' BEGINNING 1/4 CIVIL SURVEY CJNSUL7-ANTS.INC. S, 2803SOUTH MERIDIAN ROAD MERIDIAN, IDAHO 83042 �'-- (208)888-4312 �