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Irrigation Pipeline Easement with Settlers Irrigation District for Tulley ParkIRRIGATION PIPELINE EASEMENT THIS INDENTURE, made this 231'day of � � 61 rl9n—between the City of Meridian, Ada County, Idaho, the parties of the first part, and hereinafter called the Grantors, and the Settlers Irrigation District, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide an irrigation pipeline right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the irrigation pipeline and related appurtenances is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service 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 for the operation and maintenance of an irrigation pipeline over and across the following described property: (SEE ATTACHED "EXHIBIT A") The easement hereby granted is for the purpose of construction and operation of an irrigation pipeline and their allied facilities, together with their maintenance, repair and replacement 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 the Grantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. The Grantor may construct and maintain chain fink fences which cross the easement. 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 IRRIGATION PIPELINE EASEMENT, Page 1 of 2 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 hereinabove written. .,..Oct - i p .. IRRIGATION PIPELINE EASEMENT, Page 2 of 2 Attest: f ` 7L/ a William G. Berg, Jr., City CIA Approved by City Council: 9 -i6 -R'] SEAT. = 11p' r 153 ��'a�nnaa assssss`� Description of Settlers Irrigation District Irrigation Pipeline Maintenance Easement A maintenance and operation easement located in the NW 1/4 of Section 1, Township 3 North, Range 1West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southwesterly corner of said NW 1/4 ; Thence N 0°45' 12" W along the westerly boundary of said NW '/< a distance of 643.34 feet to a point; Thence leaving said westerly boundary line N 89° 14'48" E a distance of 59.07 feet to the REAL POINT OF BEGINNING; Thence N 11°15'08" E a distance of 47.00 feet to a point; Thence S 78°44'52" E a distance of 15.00 feet to a point; Thence S 11'15'08" W a distance of 47.00 feet to a point; Thence N 78°44'52" W a distance of 15.00 feet to the POINT OF BEGINNING; This parcel contains 705 square feet (0.016 acres). AND ALSO: A 20.00 foot wide strip of land located in the NW 1/4 of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southwesterly comer of said NW '/4 ; Thence N 89148'20" E along the southerly boundary of said NW '/4 a distance of 985.97 feet to the REAL POINT OF BEGINNING of a 20.00 foot wide strip of land being 10.00 feet left and right of the following described lines: Thence N 0°01'33" W a distance of 9.53 feet to a point; Thence S 89°47'04" W a distance of 225.18 feet to a point; Thence N 47°41'35" W a distance of 479.58 feet to a point; Thence N 47018'40" W a distance of 501.03 feet to a point; Exhibit A — Page 1 of 2 Thence N 0°01'33" W a distance of 9.53 feet to the terminus of this line. Sidelines shortened or lengthened as required to form a continuous 20.00 foot wide strip of land; And, excepting any portion of existing or future Linder Road right of way. 97078098 Exhibit A — Page 2 of 2 -D ii0 '97 SEP 23 Pfd 2 417 o� FEE RECO - E,,UES OF Exhibit A — Page 2 of 2