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Water Main Easement with Challenger Development for Irvine Subdivison No 2ADA COUNTY RECORDER Christopher D. Rich 2016-032990 BOISE IDAHO Pgs=5 CHE FOWLER 04/20/2016 11:08 AM MERIDIAN CITY NO FEE 11111111111111111111111111111111111111111111111111 00216155201600329900050058 WATER MAIN EASEMENT Iq 4+. THIS INDENTURE, made this' day of ` : , 20I L between Challenger Development Inc._, 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 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. O. o Address STATE OF IDAHO ) : ss. County of Ada ) On this day of ° � < � , 20 ( ,before me, the undersigned, a Notary Public in and for said State, personally appeared fir and known or identified to me to be the President -and Secre�ai�, 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 and year first above written. �Nf Z 6" (SEAL) ; 0 rA ' ' NOTARY PUBLIC FOR IDAHO v Residing at: e Commission Expires: - -1 1 6 E @ Water Main Easement 1p PEASMT WAT 11-15-13.doc 00, 0� OE�oo �60090 GRANTEE: CITY OF MERIDIAN Tammy de/W96rd, Mayor CF, Attest by Clerk CL.c.�,�cyus Approved By City Council On: q 9 b STATE OF IDAHO, ) : ss County of Ada ) 9O W n City Of IDIS IANC SEAL, q�� v� 0� -he TAEA'�4 On this day of A y,, 1 , 20 L(D—, before me, the undersigned, a Notary _ j- Public in and for said State,personally appeared Tammy de Weerd and hnx ; J' oywa 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. Mar Llce I 4-M NOTARY PUBLIC FOR IDAHO �D Residing at: Commission Expires: Water Main Easement EASMT WAT 11-15-13.doc March 29, 2016 Exhibit "A" Description For CITY OF MERIDIAN WATER MAIN EASEMENT IRVINE SUBDIVISION NO.2 A portion of the West 1/2 of the Northwest 1/4 of Section 26, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho being more particularly described as follows: COMMENCING at the Northwest corner of said Section 26 from which the West 1/4 corner of said Section 26 bears South 0021'10" West, 2633.61 feet; Thence along the West boundary line of said Section 26 North 17°01'01" West, 1597.41 feet; Thence leaving said West boundary line South 89°38'50" East, 40.00 feet to the intersection with the East right-of-way line of North Ten Mile Road said point being the REAL POINT OF BEGINNNING; Thence North 60052'06" East, 128.65 feet; Thence 20.13 feet along the arc of a non -tangent curve to the left having a radius of 50.50 feet, a central angle of 22°50'33", and a long chord which bears South 29°07'54" East, a distance of 20.00 feet; Thence South 6052'06" West, 139.96 feet to the intersection with said right-of- way line; Thence along said right-of-way line North 00°21'10" East, 22.98 feet to the REAL POINT OF BEGINNING. M 7729 (P 31t /leo 4,p 9TF �OF RYG.r, 22 23 27 26 I I I 0 N I n 0 I ry W 5 4 Lu I Z I p 6 'S� . ':3:::'::' 9Ci ::::::.:::�.g. S_89'_38'_5_0" 40.00' • . 6o aF F, 2 11 _ PROPOSED /RI//NE ' `: ' SUBD/V/S/ON NO. 1 I� I I� 1/4 27 26 NSFO "6G, 729 Ln5 Itlj 6 �P\RY G C P7 U Z Ar JL 25 100 05 50 SCALE: 1" = 50' LINE TABLE LINE I BEARING ILENGTH LENGTH CHORD L1 I N 00'21'10" E 1 22.98' CURVE TABLE CURVEI RADIUS LENGTH CHORD I CHORD BRG. EDELTA Cl 1 50.50' 20.13' 20.00' 1 S 29'07'54" E 1 22'50'33" 5:\ISG Projects\Irvine Sub No. 2\dwg\—idi—H2Oez EXSAd g 3/29/2016 2:02:25 PM MDT IDAHO EXHIBIT "B" JOB NO. MERIDIANCITY OF MERIDIAN WATER MAIN EASEMENT 14-173 SUITE t3o,IDAH083642 IRVINE SUBDIVISION N0. 2 SHEET N0. SURVEY 1 GROUP, P.C. (208'646-8570 LOCATED IN THE W 1/2 THE NW 1/4 OF SECTION 26, DWG. DATE 1450 E. WATERTOWER ST. T.4N., R.1%, B.M., MERIRI DIAN, ADA COUNTY, IDAHO 03-29-16