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Water Main Easement with RR Davis Properties for Lakeview Golf CourseADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 5 BOISE IDAHO 02115106 12:21 PM DEPUTY Gall Garrett III IIIIIIIIIIIIIIIII�I��I��I�I'I �� RECORDED—REQUEST OF 106024113 City of Meridian WATER MAIN EASEMENT THIS INDENTURE made this _1 day olL, 2()dQbetween ��i}JiS 1 r�oa?,4j 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 ightof-way fot an easement for the construction, operation, maintenance, repair, replacement of a water main 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, additional connection thereto, 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, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or malting subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, 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 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 ight-o£way and easement hereby granted shall become part ot; 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. Water Main Easement EASMT WTR.doc 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 ofthe first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: President STATE OF IDAHO ) ) ss County of Ada ) On this / (P day of JA n bt ar 2006, before me, the undersigned, a Notary Public inA and for said State, personally appeare tie, e.ta R. 0 F'Vi S__ __ and , known or identified to me to be the President and Seem", 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 fist above written. ' S (SEAL) NOTARY LTC FOR IDAHO 2 ' r Residing at ltd - K Commission Expires: / (p Ju 2_ /a + - -a •f •• Water Main Easement EASMT WTR.doc PQ� . GRANTEE: CITY OF MERIDIAN STATE OF IDAHO, ss. County of Ada On this JL#jday of 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared 7 AMMY de WEERD and WILLIAM G. BERG, JR., 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 the 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. (SEAL) NOTARY PUBLIC FOR IDAHO . ! Residing at: � .1 G� (� . J ,:. Commission Expires: Water Main Easement EASMT WTR.doc Page Tammy de Weerd, 0 33-P i.j Attest by William G. erg, City C rk Approved By City Council On: STATE OF IDAHO, ss. County of Ada On this JL#jday of 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared 7 AMMY de WEERD and WILLIAM G. BERG, JR., 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 the 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. (SEAL) NOTARY PUBLIC FOR IDAHO . ! Residing at: � .1 G� (� . J ,:. Commission Expires: Water Main Easement EASMT WTR.doc Page Legal Description City of Meridian Water Main Easement A water main easement for the City of Meridian being located in the SW 1/4 of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking the northwest corner of said SW 1/4 (1/4 Corner), from which a brass cap monument marking the southwest corner of said SW 1/4 (Section Corner) bears S 0°38'11" W a distance of 2651.19 feet; Thence S 0°38'11" W along the westerly boundary of said SW 1/4a distance of 37.36 feet to a point; Thence leaving said westerly boundary S 89°24'57" E along a line parallel to the northerly boundary of said SW 1/4a distance of 2011.68 feet to the POINT OF BEGINNING; Thence S 89 035'00" E a distance of 20.00 feet to a point; Thence S 0 T5' 00" W a distance of 184.10 feet to a point; Thence N 89 035'00" W a distance of 20.00 feet to a point; Thence N 0125'00" E a distance of 184.10 feet to the POINT OF BEGINNING. Said parcel contains 3,682 square feet (0.08 acres) and is subject to any other easements existing or in use. Clinton W. Hansen, PLS \o�p► L ps Land Solutions, PC January 4, 2006 11118 o F \1D CO ON W �kP' Ptt-t, mrr A Lai1n- ablutions Lake View Maintenance Bldg Q___ ---Land surveying ano conwrdng Job No. 06-01 p CITY OF MERIDIAN WATER MAIN EASEMENT LOCATED IN THE SW 1/4 OF SECTION 3, T3N, R 1 W, BM, CITY OF MERIDIAN, ADA COUNTY, IDAHO 1 2006 UNPLATTED I THE LAKE AT CHERRY LANE NO. 4 SUBDIVISION 1/4 NOTE.- THIS SKETCH HAS BEEN PREPARED BASED ON RECORD INFORMATION ONLY. NO FIELD SURVEYS WERE PERFORMED TO VERIFY RECORD DATA. LAND SOLUTIONS ASSUMES NO LIABILITY FOR DISCREPANCIES THAT MAY BE FOUND IN RECORD VS MEASURED INFORMATION. La rj fj�r)1 t j t1 Ori Land Surveying and Consulting 231 E 5TH ST. STE A MERIDIAN, ID 83642 N (208)288-2040 JOB NO. 06-01 V'At+%G(rF; s a9 35 00 " E S 89 24 57" E 20.00 " 2011.68' � I I POINT of BEGINNING I I a � I I N I I W I I 0 30 60 120 ;4J I I� CHERRYLANE NI IN oI Ia zl I� I I 20. oo' � N 89'35'00 "' W Z � o m j LEGEND BRASS CAP ❑ CALCULATED POINT — SECTION LINE - — — — — — - EASEMENT LINE PROPERTY LINE NOTE.- THIS SKETCH HAS BEEN PREPARED BASED ON RECORD INFORMATION ONLY. NO FIELD SURVEYS WERE PERFORMED TO VERIFY RECORD DATA. LAND SOLUTIONS ASSUMES NO LIABILITY FOR DISCREPANCIES THAT MAY BE FOUND IN RECORD VS MEASURED INFORMATION. La rj fj�r)1 t j t1 Ori Land Surveying and Consulting 231 E 5TH ST. STE A MERIDIAN, ID 83642 N (208)288-2040 JOB NO. 06-01 V'At+%G(rF;