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Water Main Easement with Creekstone Meridian, LLC for Creekstone SubdivisionADA COUNTY RECORDER Christopher D. Rich 201(j_051944 BOISE IDAHO Pgs=6 DAWN TRIVOLIS 06/15/2016 10:11 AM MERIDIAN CITY NO FEE II I II I VIII I I III I II II II I III I III II I I I II I II III II III 00236462201600619440060064 WATER MAIN EASEMENT 11443h THIS INDENTURE, made this 261' -day of +ty, 2016 between Creekstone Meridian, LLC, 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 is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be 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 over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains 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. Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doe 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 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. fs IY� W/ r1 It'. A�ddress STATE OF H4ARO )-') �S : ss. County ofAda 6ca`ze4 On this o2 —P4 -day of 20 '�Cp , before me, the undersigned, a Notary Public in and for said State, personally appeared ^DO- - A C 4 vM 96& and , known or identified to me to be the President and geeretar-y, 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. (SEAL) '``OLp0.Y •PVB�� HOLLY HAYDEN Notary Public, State of Texas My Commission Expires August 20, 2019 Sanitary Sewer and Water Main Easement NOTARY "LIC f Residing at: WIM Commission Expires: ■F UM EASMT S&W 11-15-13.doe GRANTEE: CITY OF MERIDIAN QO¢KTLD A uC(�Sr7 z Goo l9° Tammy d eerd, ayor C� p (E'ry". TDIN L_ IOA1ia SE A* 1. ry s� Attest by , City Clerk P p F P JAcJ Jor.l'E�s Approved By City Council On: STATE OF IDAHO, ) ss County of Ada ) On this day of �-J �-kY, 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. o■■■■■■ (SEAL) : �`••�•C p .,�. ;c LIC '♦ IDAHO �.• U01(0'��tau- � " Utt NOTARY PUB IC FOR IDAHO Residing at: �-e- � J1 UyY� j— CommissionExpires: fs-aC1 ^ 19 Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doe 4MV1412k s M,�� Land Description Easement over Lot 17, Block 1 A twenty foot wide easement over a portion of Lot 17 in Block 1 of the proposed Creekstone Subdivision located in the southwest quarter of the northeast quarter of Section 10, Township 3 North, Range 1 West of the Boise Meridian, Meridian City, Ada County, Idaho being more particularly described as follows: Commencing at the found 5/8 1h inch diameter iron pin representing the position of the center quarter corner of said Section 10 as perpetuated by document 2016-011211, Records of Ada County from which the found brass cap monument representing the position of the quarter corner common to sections 10 and 11 of T3N, R1W as perpetuated by document 114007427, Records of Ada County bears S 890 36' 02" E a distance of 2655.67 feet; thence S 89136' 02" E for a distance of 893.20 feet to a set 5/8 1h inch diameter iron pin; thence N 170 27' 31" W for a distance of 36.77 feet to a set 5/8th inch diameter iron pin; thence N 89136'02" W for a distance of 21.97 feet to the REAL POINT OF BEGINNING; Thence N 890 36' 02" W for a distance of 20.00 feet; Thence N 00° 23'58" E for a distance of 25.00 feet; Thence S 89° 36' 02" E for a distance of 33.91 feet to a set 5/8th inch diameter iron pin; Thence S 170 27' 31" E for a distance of 21.01 feet; Thence N 890 36' 02" W for a distance of 20.36 feet; Thence 5 00° 23' 58" W for a distance of 5.00 feet to the REAL POINT OF BEGINNING. Said Easement contains 843 square feet or 0.019 acres, more or less. 11463):0 1602 W. Hays St., Suite 306 - Boise, ID 83702 3 Phone: 208-8634198 www.accuratesurveyors.com c c N 33.91 20.00 Title: I Date: 05-25-2016 Scale: 1 inch = 10 feet I File: Water Easement closure.des Tract 1: 0.019 Acres: 843 Sq Feet: Closure = s71.4434e 0.01 Feet: Precision =1/16853: Perimeter =125 Feet 001=n89.3602w 20.00 002=n00.2358e 25.00 003=s89.3602e 33.91 004=s17.2731e 21.01 005=n89.3602w 20.36 006=s00.2358w 5.00 11463 ' 4IV a�vo 9 t ,rev, N. nn n /C C El � W D r p� o bre „F - ND N~\A c� OM � � inn rZ 0) U) �m C n� n'Z I 35' o O00 rr, zY) No O O •® C", r� z �I O n o� Q) � - Cy) ti ni a z° o 0 o i p o p o0 ZE o o o o i t� ,CSN nl p p O � c) C rl _ or � Zo 0o vI L3 wD m;` a �Z z L7 r O C 5� o o z "' 35'. d Z m 2 o,y� rtE I , 0 r r p �O� I �1 � Z.G D z v I ffi ZziO I CA n` v �► D O ~ y M -� OD y 5 CMZ Gdo PRO max ~ ayS � o- 1° L O •rQ O O N Z lb z W w ' 9yC �q,S, r _' p � VV N O W a r r r r r r r r �lOCJ1�WN—'Z m �Z��zzz� 000,�00000�' O cp J cO O cD c0 �7 N W N W N W W Z WOC,��OG7 W OW OCrOO OoNN ��mmm�� 0 CI�ONWUiOND O0)OOOO�In